Regular Process

Regular process is that which has been lawfully issued by a court or magistrate having competent jurisdiction. When the process is regular, and the defendant has been damnified, as in the case of a malicious arrest, his remedy is by an action on the case, and not trespass; when it is irregular the remedy is by action of trespass. If the process be tchollg illegal or misap plied as to the person intended to be arrested, without regard to any question of tact, or whether innocent or guilty, or the existence of *any debt, then the party imprisoned may legally resist the arrest and imprisonment, and may escape, be rescued, or even * The Restoration of Charles II. did not take place till 1660, but the regnal of his break prison; but if the process and imprisonment were in form legal, each of these acts would be punishable, however innocent the defendant might be, for he ought to submit to legal process and obtain his release by due course of law; 1 Chitty, Pr. 637; 5 East 304, 308; 2 Wils. 47; 1 East, PL Cr. 310. See Escape; Arrest; Assault; False Imprisonment; Malicious Prosecution.