Imprisonment

Detention of another against his will, depriving him of the power of locomotion.5 Compare PRISON. Confinement of the person in anywise; as, keeping a man against his will in a private house, arresting or forcibly detaining him in the street. 8 In the penal legislation of Arkansas, the word " imprisonment," used alone, means imprisonment in a county jail or local prison. Confinement in a penitentiary is not meant, unless expressly so stated.^ In Louisiana, ''imprisonment," unqualified, in penal statutes, is used in contradistinction to " imprisonment at hard labor." " Duress of imprisonment. A compulsion by an illegal restraint of liberty, until one does some act, as, seal a bond.' See further Duress. False, or imlawfiil, imprisonment. Any confinement or detention of the person without sufficient authority. i" > Brown v. Maryland, 13 Wheat. 437 (1837), Marshall, Chief Justice.

2 Pacific Ins. Co. v. Soule, 7 Wall. 445 (1868), cases, Swayne, J.; 1 Story, Const. § 669. See also 8 Wall. 131; 14 Mo. 33.5; 9 Rob., La., 324; 1 Story, Const. § 949; Federalist, No. 30. • 103 U. S. 168; 21 Pa. 175; 98 id.

104. « See (Jreenfleld v. People, 74 N. Y. 283 (1878). » United States v. Benner, Baldw. 239 (1830). •IBl. Com. 136; 3 id. 127. ' Cleaney v. State, 36 Ark. 80 (1880). 8 State V. Hyland, 30 La. An. 710 (1884). May consist in detaining anotlier by threats of violence, thereby preventing him from going where he wishes by a reasonable apprehension of personal ■danger. 1 A violation of the right of personal liberty. May arise by executing a lawful process at an unlawful time, as, on Sunday. Remedies: habeas corxius, and an action for damages,^ qq. v. An. action will lie for the misuse or abuse of process, beyond the fact of arrest and detention. ^ Imprisonment for debt. No person shall be imprisoned for debt in any State.. on Federal process..' where imprisonment for debt is abolished. The State course of proceeding is to be followed.* " No crime known to the law brought so many to the jails and prisons (one hundred years ago) as the crime of debt, and the class most likely to get into debt was the most defenseless and dependent, the.great body of servants, of artisans, of laborers." ° See Arrest, 2; Commitment; Felony; Labor, 1; Prosecution, Malicious.