mainprise

mainprise
A writ directed to the sheriff, either generally, when a man was imprisoned for a bailable offense, and bail had been refused, or specially, when the offense or cause of commitment was not properly bailable below, commanding him to take mainpernors or sureties for the prisoner's appearance. See 3 Bl Comm 128. The word is often used in the old books as synonymous with the word "bail," and both are obligations for the appearance of a party and to save him from imprisonment, and the chief difference is said to be that a man's mainpernors are barely his sureties, and cannot imprison him themselves to secure his appearance, as his bail may. Toles v Adee, 84 NY 222, 240.

Ballentine's law dictionary. . 1998.

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  • Mainprise — is a concept in English law regarding the release of a prisoner from custody upon sureties pending trial. It is nearly identical to the concept of bail and has been absorbed into the laws regulating bail in many jurisdictions. When they were… …   Wikipedia

  • Mainprise — Main prise, n. [F. main hand + prise a taking, fr. prendre, p. p. pris to take, fr. L. prehendere, prehensum.] (Law) (a) A writ directed to the sheriff, commanding him to take sureties, called mainpernors, for the prisoner s appearance, and to… …   The Collaborative International Dictionary of English

  • Mainprise — Main prise, v. t. [imp. & p. p. {Mainprised}; p. pr. & vb. n. {Mainprising}.] (Law) To suffer to go at large, on his finding sureties, or mainpernors, for his appearance at a day; said of a prisoner. [1913 Webster] …   The Collaborative International Dictionary of English

  • Mainprise — (engl., spr. Mehnpreis), die Freilassung eines Verhafteten gegen die persönliche Bürgschaft eines Andern …   Pierer's Universal-Lexikon

  • Mainprise — (mehnpreis), engl., die Freilassung eines Verhafteten gegen die persönliche Bürgschaft eines anderen …   Herders Conversations-Lexikon

  • mainprise — I. ˈmānˌprīz noun ( s) Etymology: Middle English meinprise, from Anglo French, from mainprendre to accept surety, from Old French main hand (from Latin manus) + prendre ( …   Useful english dictionary

  • mainprise — main·prise …   English syllables

  • mainprise — In old English law, the delivery of a person into the custody of mainpernors (q.v.). Also the name of a writ (now obsolete) commanding the sheriff to take the security of mainpernors and set the party at liberty. Mainpernors differ from bail in… …   Black's law dictionary

  • mainprise — In old English law, the delivery of a person into the custody of mainpernors (q.v.). Also the name of a writ (now obsolete) commanding the sheriff to take the security of mainpernors and set the party at liberty. Mainpernors differ from bail in… …   Black's law dictionary

  • writ of mainprise — writ of mainprize, or mainprise /rit av meynprayz/ In English law, a writ directed to the sheriff (either generally, when any man is imprisoned for a bailable offense and bail has been refused, or specially, when the offense or cause of… …   Black's law dictionary

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