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LAW

OF

NISI PRIUS,

EVIDENCE IN CIVIL ACTIONS,

AND ARBITRATION & AWARDS:

WITH

AN APPENDIX

OF

THE NEW RULES,

THE STATUTES OF SET-OFF, INTERPLEADER, & LIMITATION,
AND THE DECISIONS THEREON.

BY ARCHIBALD JOHN STEPHENS,

BARRISTER AT LAW.

IN THREE VOLUMES.

VOL. III.

LONDON:

LONGMAN, BROWN, GREEN, AND LONGMANS,

PATERNOSTER-ROW.

2017

IMPRISONMENT.

1. DEFINED, pp. 2018, 2019.

2. LEGAL AND illegal ImprISONMENT, pp. 2019-2031.

I. BY COURTS, pp. 2019, 2020.

Where a court has jurisdiction, and proceeds inverso ordine - When the court has no jurisdiction Legal process improperly executed— Arresting another and detaining him until discharged by a judge's order.

II. BY MAGISTRATES, pp. 2020-2022.

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Acts of an unqualified justice — Feme covert refusing to be bound over to appear at the sessions Warrant illegal on its face- When not necessary to state an act of vagrancy on a conviction Magistrate's liability on the ground of jurisdiction cannot be affected by the truth or falsehood of the facts — Magistrate must fully investigate a charge— Not justified in detaining a prisoner on an information, that a charge of misdemeanour is to be made against him If a magistrate arrest upon his own suspicion, he must shew, that it was reasonable and necessary to prevent the escape of the suspected party — When a magistrate must imprison by warrant.

III. BY OFFICERS IN THE ARMY OR NAVY, pp. 2022, 2023.
Judgment of Lord Mansfield in Wall v. M'Namara.

IV. BY SHERIFFS AND BY THEIR OFFICERS, pp. 2023-2025.

Stat. 6 Geo. 1. c. 21. s. 53.

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Sheriff must not make out the warrant, until he have the writ in his actual possession · Arrest without a warrant - Sheriff civilly responsible for the conduct of his officer, though he act contrary to the express terms of the writ― Arrest made after the return day of the writ― Sheriff not bound to execute a writ on mesne process against a party improperly described – Person arrested by a wrong name Writ must be executed upon the person named therein Process issued in a wrong name, in consequence of the false statement of the arrested PRIVILEGED PERSONS- ·Certificated bankrupts and insolvent debtors— Officer giving notice of the writ to the person to be arrested, and requesting him to fix a time for giving bail- Prisoner in execution escaping by the voluntary permission of his gaoler.

V. BY COMMISSIONERS OF BANKRUPTS, AND OF COURTS OF REQUESTS, pp. 2025, 2026.

VI. BY CONSTABLES, pp. 2026—2028.

DEMAND OF WARRANT—

What actions are within stat. 24 Geo. 2. c. 44. s. 6.
Construction of stat. 24 Geo. 2. c. 44. s. 6. by Mr. Justice Bayley in Parton v.
Williams Officer protected if he act in strict obedience to a magistrate's war-
rant-Judgment of Lord Abinger in West v. Smallwood - Constable not pursuing
a magistrate's warrant-Execution of warrant out of constable's precincts-Arrest
under two writs, one legal the other illegal - ARREST WITHOUT A WARRANT —
Under stat. 5&6 Will. 4. c. 59. 8. 19., officer should not take another into charge,
unless he inquire into the particulars.

VII. BY ATTORNEYS, pp. 2028, 2029.

Suing out an illegal ca. sa. - Arrest made under irregular process · - Judgment of
Lord Denman in Codrington v. Lloyd.

VIII. BY IMPRESSMENT; AND BY Overseers of THE POOR, p. 2029.

IX. BY PRIVATE INDIVIDUALS, pp. 2029-2031.

WHEN UNLAWFUL Mere suspicion Chairman of a meeting no right to give a
person into custody, unless he have committed a breach of the peace · Telling a
policeman to take charge of B., is the same as telling the policeman to take B. into
custody WHEN NOT UNLAWFUL What is not an imprisonment Judgment of
Chief Justice Eyre in Simpson v. Hill - Preventing the perpetration of a felony
Plaintiff guilty of an affray-What is a direction to a police officer to arrest, and
what is not
Marshal of Queen's Bench can detain a prisoner for chamber rent.

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