De Homine Replegiando Law and Legal Definition

De homine replegiando is a Latin term which means “for replevying a man.” It refers to a writ to replevy a man out of prison, or out of the custody of any private person after giving security that the replevied person will answer any charge. It is an original writ, and the party may sue it of right. It is properly returnable in the courts of law, and may be there declared upon. The following is an example of a case law discussing about the writ of de homine replegiando. “The statute of the Commonwealth of Massachusetts establishing the right to, and the form of, a writ de homine replegiando, directs that, where a person is held without order of law, he shall have a writ returnable to the Court of Common Pleas (Massachusetts) in the form there prescribed; but where he stands committed by lawful authority for any crime not capital, another form of the writ is prescribed, and it is to be made returnable to the Supreme Court of Massachusetts.”[ Williams v. Blunt, 2 Mass. 207 (Mass. 1806) ].