Section 29. Upon the refusal or neglect of the person to whom the writ of habeas corpus is directed to receive and execute it, the court or justice may issue a precept to any officer or other person designated therein, commanding him to bring the prisoner forthwith before such court or justice, who shall thereupon discharge, bail or remand the prisoner as if he had been brought in upon the writ of habeas corpus.

Terms Used In Massachusetts General Laws ch. 248 sec. 29

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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