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Simple English definitions for legal terms
mainprise
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A quick definition of mainprise:
Term: MAINPRISE
Definition: Mainprise is an old legal term that refers to the act of releasing a prisoner from jail on the promise of a surety, or someone who agrees to take responsibility for the prisoner's appearance in court on a specific date and time. It can also refer to a writ, or legal order, that instructs a sheriff to release a prisoner after taking security for their appearance. The word comes from Old French and means "hand-taking."
A more thorough explanation:
Definition: Mainprise (mayn-prIz) is a legal term that refers to the delivery of a prisoner to a mainpernor, who is responsible for ensuring the prisoner's appearance in court on a specified date and time. It can also refer to a writ ordering the sheriff to release a prisoner after taking security for the prisoner's appearance.
Examples:
- John was arrested for theft and was released on mainprise, which meant that his friend, who acted as his mainpernor, was responsible for ensuring that John appeared in court on the specified date.
- The judge issued a writ of mainprise, which ordered the sheriff to release the prisoner after taking security for his appearance in court.
These examples illustrate how mainprise was used in the past to ensure that prisoners appeared in court. It was a way to ensure that justice was served and that the accused had a fair trial. Today, mainprise is not commonly used, as there are other methods of ensuring that prisoners appear in court, such as bail.