Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Bare control over or care of a thing, as distinguished from possession. See 41 How. Pr. (N. Y.) 293.

  • Black's Law Dictionary: 2nd Edition

    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.