Definition of IMPRISONMENT


IMPRISONMENT

The restraint of a person contrary to his will. 2
Inst. 589; Baldw. Rep. 239, 600. Imprisonment is either lawful or
unlawful; lawful imprisonment is used either for crimes or for
the appearance of a party in a civil suit, or on arrest in
execution.

2. Imprisonment for crimes is either for the appearance of a
person accused, as when he cannot give bail; or it is the effect of
a sentence, and then it is a part of the punishnient.

3. Imprisonment in civil cases takes place when a defendant on
being sued on bailable process refuses or cannot give the bail
legally demanded, or is under a capias ad satisfaciendum, when he
is taken in execution under a judgment. An unlawful imprisonment,
commonly called false imprisonment, (q. v.) meaus any illegal
imprisonment whatever, either with or without process, or under
color of process wholly illegal, without regard to any question
whether any crime has been committed or a debt due.

4. As to what will amount to an imprisonment, the most obvious
modes are confinement in a prison or a private house, but a
forcible detention in the street, or the touching of a person by a
peace officer by way of arrest, are also imprisonments. Bac.
Ab. Trespass, D 3; 1 Esp. R. 431, 526. It has been decided that
lifting up a person in his chair, and carrying him out of the room
in which he was sitting with others, and excluding him from the
room, was not an imprisonment; 1 Chit. Pr. 48; and the merely
giving charge of a person to a peace officer, not followed by any
actual apprehension of the person, does not amount to an
imprisonment, though the party to avoid it, next day attend at a
police; 1 Esp. R. 431; New Rep. 211; 1 Carr. & Pavn. 153; S. C.
II Eng. Com. Law, R. 351; and if, in consequence of a message from
a sheriff s officer holding a writ, the defendant execute and send
him a bail bond, such submission to the process will not constitute
an arrest. 6 Bar. & Cres. 528; S. C. 13 Eng. Com. Law Rep. 245;
Dowl. & R. 233. Vide, generally, 14 Vin. Ab. 342; 4 Com. Dig. 618;
1 Chit. Pr. 47; Merl. Rpert. mot Emprisonment; 17 Eng. Com. L. R.
246, n.

Source: Bouviers Law Dictionary 1856 Edition

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