Warrant

A writ issued by a Justice of the peace or other authorized 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. Warrant and commission, outside of naval technicality, are synonymous words. There is no difference in force between a commission and a warrant as used in the navy, except that one recites that the appointment is made by and with the advice and consent of the senate, and the other does not Both are signed by the president; Brown v. U. S., 18 Ct. Cl. 543. A bctich-wanant is a process granted by a court, authorizing a proper officer to apprehend and bring before it some one charged with some contempt, crime, or misdemeanor See Bench-Warrant. A search-warrant is a process issued by a competent court or officer authorizing an officer therein named or described to examine a house or other place for the purpose of finding goods which it is alleged have been stolen.

See Search-Warrant.

Under the English Extradition Act of 1870, 33 & 34 Viet. c.

52, § 26, a warrant is defined as “any judicial document authorizing the arrest of a person accused or convicted of crime.”

9 Q. B I). 93.

A warrant should regularly bear the hand and seal of the justice, and be dated. It should contain a command to tbe officer to make a return thereof and of his doings thereon. But the want of such a command does not excuse him from the obligation of making a proper return; Tubbs v Tukey, 3 Cush. (Mass.) 438, 50 Am. Dec. 744 And it is no ground for discharging a defendant that the warrant does not contain such a command; Com. v. Boon, 2 Gray (Mass ) 74. No warrant ought to lie issued except upon the oath or affirmation of the witness charging the defendant with the offence; Conner v. Com., 3 Binn. (Pa.) 38. A warrant will hot justify the arrest of one not named therein, by reason of the fact that the name used was supposed to be his; West v. Cabell, 153 U. IS.

78, 14 Sup. Ct. 752, 38 L Ed. 643.

It is competent to show that the affidavit was not' filed until after the arrest; Smith v. Clausmeier, 136 I ml.

105, 35 N. E. 904, 43 Am. St Rep. 311.

Under a statute authorizing a writ of habeas corpus to determine the identity of the person arrested, the inquiry may embrace the sufficiency of the papers; People a light at night cannot be arrested or even stopped to ascertain his name and address, without a warrant; [18971 2 Q. B. 452. The reprehensible practice of issuing blank warrants, which once prevailed in England, was never adopted here. 2 Russ. Cr. 512; Ld. Raym. 546; 1 H. Bla. 13. See Searches and Seizures; Arrest.