custody

While petitioner's parole releases him from immediate physical imprisonment, it imposes conditions which significantly confine and restrain his freedom; this is enough to keep him in the 'custody' of the members of the Virginia Parole Board within the meaning of the habeas corpus statute.

The detainer of a person by virtue of a lawful authority. 3 Chit. Prac. 355. The care and possession of a thing.

The detainer of a person by Custody has been held to mean nothing less than actual imprisonment; Smith v. Com., 59 Pa. 320; Holland v. Com., S2 Pa. 306, 22 Am. Rep. 758. See Custodia Legis. As to custody of children, see Parent and Child; Infant; Divorce.

The care and keeping of anything; as when an article ls said to be "in the custody of the court" People v. Burr, 41 How. Prae. (N. Y.) 296; Emmerson v. State, 33 Tex. Or. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detainer of a man's person by virtue of lawful process or authority; actual imprisonment In a sentence that the defendant "be in custody until," etc., this term imports actual imprisonment. The duty of the sheriff under such a sentence is not performed by allowing the defendant to go at large under his general watch and control, but so doing renders him liable for an escape. Smith v. Com., 59 Pa. 320; Wilkes v. Slaughter, 10 N. C. 216; Turner v. Wilson, 49 Ind. 581; Ex parte Powers (D. C.) 129 Fed. 985.

— Custody of the law. Property is in the custody of the law when it has been lawfully taken by authority of legal process, and remains in the possession or a public officer (as, a sheriff) or an officer of a court (as, a receiver) empowered by law to hold it. Gilman v. Williams, 7 Wis. 334, 76 Am. Dec. 219; Weaver v. Duncan (Tenn. Ch. App.) 56 S. W. 41; Carriage Co. v. Solanes (G. C.) 108 Fed. 532; Stockwell v. Robinson. 9 Houst. (Del.) 313, 32 Atl. 528; In re Receivership, l09 La. 875, 33 South. 903.

Care; keeping; detainer undsr arrest; confinement; imprieonment

The care and keeping of anything; as when an article is said to be “in the custody of the court.” Also the detainer of a man’s person by virtue of lawful process or authority; actual imprisonment. 59 Pa. St. 320. In a sentence that the defendant “be in custody until,” etc., this term imports actual imprisonment. ‘The duty of the sheriff under such a sentence is not performed by allowing the defendant to go at large under his general watch and control, but so doing renders him liable for an escape. 59 Pa, St. 320.

See Custodia. 1, Care, possession, charge: as, the custody of a child,, of a lunatic, of a ward; i the custody of a deposit, or of funds. Custody of property, as contradistinguished from legal possession, is that charge to keep and care for the owner, subject to his direction, and without any adverse right, which every servant possesses with regard to goods confided to his care.^ 3. Detention by lawful authority. Custody of the law. Property lawfully taken by virtue of legal process is in. the custody of the law. 3 In t Ms category are goods lawfully levied upon by a marshal, sheriff, or constable; goods impounded; * property in the hands of a receiver, q. v.; money paid into court. Such property, for the time being, is not liable to be again seized in execution by the officer of any other court.* But the court of a State cannot by this device prevent the collection of Federal taxes.* 3. A person under lawful arrest is said to be in custody or in the custody of the law. See Rescue. A sentence that a prisoner " be in custody till his sentence is complied with," imports actual imprisonment.*^

is the detainer of a person by virtue of a lawful authority. To be in custody is to be lawfully detained under arrest. Vide 14 Vin. Ab. 359; 3 Chit. Pr. 355. In another sense custody signifies having the care and possession of a thing; as, the chancellor is entitled to the custody as the keeper of the seal.