2. Of the height of the post, and the inscription on the board.

3. Penalty for neglecting to erect such posts.

4. Penalty for injuring or defacing such post or board.

I. Of the erection of guide-posts.

By statute it is enacted, that it shall be the duty of the inhabitants of the several towns and districts within this commonwealth, and also such unincorporated plantations as are assessed in any public tax, to provide, erect and keep in repair such guide-posts upon all public roads, at such places, and in such manner, as is provided in the act.

It is further enacted, that the selectmen of the several towns and districts, and the assessors of all unincorporated plantations, assessed in any public tax, in this commonwealth, are authorized and required, from time to time, to fix and determine upon the corners and angles of all roads in the several towns, districts and plantations aforesaid, at which the guide-posts shall be erected and kept, as in their judgment shall be found necessary and convenient; and shall cause a fair record thereof to be entered and kept amongst the records of the said towns, districts or plantations.

II. Of the height of the post, and the inscription on the Doard.

The same statute has further enacted, that the guideposts to be erected and kept, shall be constructed in man

Stat. 1794, c. 63, s. 1.

Ibid. s. 2.

Ibid, s. 3.

Ibid. s. 4.

ner following; there shall be erected at the several corners or angles of the roads aforesaid, at such places as shall be ordered by the selectmen of towns and districts, or assessors of plantations aforesaid, a substantial post, of no less than eight feet in height; upon the upper end of which shall be placed, a board or boards, upon each of which boards shall be plainly and legibly painted, the name of the next town, with such other noted town or place, as may be judged most expedient, for the direction of travellers, to which each of the roads may lead, together with the distance or number of miles to the same; and also the figure of a hand, with the fore-finger thereof pointing towards the town or place to which the said roads may lead. Provided nevertheless, that the inhabitants of the several towns, districts and plantations aforesaid, duly qualified to vote in town or plantation affairs, may, if they judge fit, on or before the first Monday in April annually, agree upon some suitable substitute in the room of said guide-posts, and appoint any proper person or persons to superintend the erecting the

same.

III. Penalty for neglecting to erect such posts.

By statute it is enacted, that if the inhabitants of any of the towns, districts or plantations aforesaid, shall neglect or refuse to erect and maintain such guide-posts, in súch places and in such manner as is provided, the said inhabitants shall forfeit and pay to the use of the commonwealth, twenty shillings for every month which they shall so neglect or refuse. And if the selectmen of the several towns and districts, or the assessors of the several plantations aforesaid, shall neglect or refuse to fix and determine upon any places in the towns, districts or plantations aforesaid, at which the guide-posts shall be erected and kept, by the time set and limited, the said selectmen or assessors shall forfeit and pay, to the use of the commonwealth, twenty shillings for every month which

they shall so neglect or refuse; said penalties and forfeitures to be recovered by indictment of the grand jury, in the county where the offence may be committed.

IV. Penalty for injuring or defacing such post or board.

The same statute has further enacted, that if any person shall injure, mar or deface any guide-post or its substitute, agreed upon, as aforesaid, or board, which shall be set up, as is provided, and be convicted thereof before any justice of the peace, within this commonwealth, such person, so convicted, shall forfeit and pay a sum, not more than forty shillings, nor less than twenty shillings; one half to the complainant, and the other half to the use of the town, district or plantation, in which such guide-post or its substitute, so injured, mared or defaced, was set up, and shall pay all costs of prosecution.

Ibid. s. 5.

TITLE LXXV.

Stat. 1784, c. 72.

Preamb.

Coust. c. 6, art. 7.

Stat. 1784, c. 72, s. 1, and 2.

HABEAS CORPUS.

THE writ of habeas corpus is a writ of right,(1) to which the citizens of this commonwealth are, by the constitution, and the law of the land, at all times entitled, to obtain relief from every wrongful imprisonment, or unlawful restraint of personal liberty.

The constitution declares, that the privilege and benefit of the writ of habeas corpus, shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious, and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months.

The supreme judicial court has the exclusive power of granting this writ; and it is enacted, that such writ, when awarded by the said court, shall be signed by the clerk, tested by the first justice who is not party thereto, and sealed with the seal thereof; but when awarded by any judge in the vacation, shall only be under the hand and seal of such judge, and shall direct the place to which the complainant shall be brought.

(1) Of the writ of habeas corpus, there are various kinds. Such are those, ad prosequendum, testificandum, deliberandum, &c. which issue when it is necessary to remove a prisoner, in order to prosecute or bear testimony in any court, or to be tried in the proper jurisdiction wherein the fact was committed. The writ considered under the present title, is called a babeas corpus cum causa, and is the great and efficacious writ in all manner of illegal confinement. It is distinguished by the adjunct, cum causa, because the officer is directed to return the cause of imprisonment, as well as the body of the prisoner. See 3 Bl. Com. 129, 130.

The form of this writ is prescribed by statute; and may be seen in the appendix.

1. Proceedings by which to acquire this writ.

2. Duty of the officer to whom this writ is directed;

and the penalty for his neglect of duty.

3. Of the return of the writ.

4. Proceedings following the return of the writ.

I. Proceedings by which to acquire this writ.

By statute it is enacted, that any person imprisoned in any common gaol, or otherwise restrained of his personal liberty, by any officer or officers, or any other person or persons, for any cause, or upon any pretence whatever, he, or any person in his behalf may complain, in writing, to the supreme judicial court of this commonwealth, in term-time, in any county, or to any one or more of the judges thereof, in the vacation time of the said court; and upon such complaint, and upon view of the copy of the warrant, (if any there be,) by which such person stands committed, or upon his affidavit certified by a justice of the peace, or on the oath of the person applying on his behalf, or any other credible witness, or upon the affidavit of such witness certified as aforesaid, if he lives more than twenty miles from the court or judge applied to, that a copy of such warrant has been demanded and denied; the said court in term-time, and the said judge in the vacation, are respectively authorized to award a writ of habeas corpus, directed to the officer or person imprisoning or restraining the complainant, returnable forthwith to such court or judge, who awarded the same, except the complaint be in favour of persons committed for treason or felony, or for suspicion thereof, or as accessory to the latter before the fact, plainly and specially expressed in the warrant of commitment, or persons convict, or in execution by legal process, criminal or civil, or committed by mesne process in any civil action for want of reasonable bail, and persons with regard to whom the benefit of

See Append. No. 6.

Stat. 1784, c. 72, s. 1.