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Simple English definitions for legal terms
mainpernor
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A quick definition of mainpernor:
Term: MAINPERNOR
Definition: A mainpernor is someone who promises to make sure a prisoner appears in court on a certain day. They are different from bail because they cannot imprison or surrender the person before the court date. Mainpernors were used in the past as a form of bail, and they were responsible for delivering the prisoner to court. The word comes from the Old French words "main" meaning "hand" and "pernor" meaning "taker".
A more thorough explanation:
Definition: A mainpernor is a person who acts as a surety for a prisoner's appearance in court. They are responsible for ensuring that the prisoner appears on a specified date and time.
Example: If John is arrested and needs to appear in court, his friend Tom can act as his mainpernor. Tom will be responsible for ensuring that John appears in court on the specified date and time.
Mainpernors differ from bail in that bail can imprison or surrender the person before the stipulated day of appearance, while mainpernors can do neither. Mainpernors are only sureties for the person's appearance on the specified date and are bound to produce them to answer all charges.
A writ of mainprise can be taken to release a prisoner after taking security for their appearance. This writ orders the sheriff to release the prisoner on the surety of a mainpernor.