New Hampshire Revised Statutes 534:7 – Copy of Precept
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Terms Used In New Hampshire Revised Statutes 534:7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
If an officer having the custody of any such person by virtue of a precept refuses or delays unnecessarily to deliver to the applicant an attested copy of the precept, on demand, the court or justice, on proof by affidavit of the applicant or other credible witness of the demand and refusal or of unnecessary delay, shall forthwith issue the writ of habeas corpus as prayed for.