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, 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. - 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. IV. BY SHERIFFS AND BY THEIR OFFICERS, pp. 2023-2025. Stat. 6 Geo. 1. c. 21. s. 53. - 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. VII. BY ATTORNEYS, pp. 2028, 2029. Suing out an illegal ca. sa. - Arrest made under irregular process · - Judgment of 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 |