De homine replegiando

De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to try the question of the validity of the law under which he is held in confinement."[1]

It is the oldest common law freedom writ.[2]

Procedure

The writ is "of common right, and may be issued as of course."[1] Once issued, a judicial order is directed to a sheriff or a deputy ordering the replevy of the prisoner in exchange for security that they will reappear for a proceeding challenging their detention.[1]

Etymology

The French word replegiando or “revendication” is derived from the Latin word replegiare meaning "pledge back."

References
  1. Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals August 1823) (""The writ de homine replegiando, having for its object the discharge of the prisoner on bail, with a view to try the question of the validity of the law under which he is held in confinement, is of common right, and may be issued as of course"").
  2. Wise, Steven (2007). "The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and de Homine Replegiando". Golden Gate U. L. 37.
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