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Being sent to the city soon after, on some business for his employer, he was attached by the marshall of the United States, on a writ De homine replegiando, at the suit of Mr. Butler, and two thousand dollars were demanded for bail. The idea was probably entertained that so large an amount could not be procured, and thus Ben would again come into his master's possession.
Wild's lawyer on his examination, he insisting that the proceeding was improper, for that a writ de homine replegiando should issue, and on the return of that a capias in withernam, the justice inclined to commitment, so that Wild was driven to other methods for his defence.
Finding himself disappointed in his attempts to purchase the woman, Friend Hopper resolved to carry the case to a higher court, and accumulate as many legal obstructions as possible. For that purpose, he obtained a writ De homine replegiando, and when the suitable occasion arrived, he accompanied Mary Holliday to the mayor's office, with a deputy sheriff to serve the writ.
The mayor was little acquainted with legal forms, beyond the usual routine of city business. He seemed much surprised, and inquired what the writ was. "It is a homine replegiando," replied Friend Hopper. "I don't understand what that means," said the mayor. "It is none the less powerful on that account," rejoined Friend Hopper.
If goods be taken, it will be felony as to them, without this statute: and as to the abduction of the woman, quære if not better to leave that, and also kidnapping, 4 Bl. 219. to the Common law remedies, viz. fine, imprisonment, and pillory, Raym. 474; 2 Show. 221; Skin. 47; Comb. 10. the writs of Homine replegiando, Capias in Withernam, Habeas corpus, and the action of trespass?
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