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Warrant

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

crim. law, practice, is a writ issued by a justice of the peace or other authorised officer, _ directed to a constable or other proper person, requiring him to arrest a person therein named, charged with committing some offence, and to bring him before that or some other; justice of the peace. It should regularly be made under the hand and seal of the justice and dated. No warrant ought to be issued except upon the oath or affirmation of a witness charging the defendant with the offence.

3 Binn. Rep. 88.

The reprehensible practice of issuing blank warrants which once prevailed in England, was never adopted here.

2 Russ. on Cr. 512; Ld. Raym. 546; 1 Salk. 175; 1 H. BI. R. 13; Doct. Pl. 529; Wood’s Inst. 84; Com. Dig. Forcible Entry, (D 18, 19); Ib. Imprisonment, (H 6); Ib. Pleader, (3 K -26); Ib. Pleader, (3 M 23). ide Search-warrant.