Detainer

Detention; the act of keeping a person against his will, or of withholding the possession of goods or other personal or real property from the owner. "Detainer" and "detention" are pretty much synonymous. If there be any distinction, it is perhaps that detention applies rather to the act considered as a fact; detainer to the act considered as_ something done by some person. Detainer is more frequently used with reference to real estate than in application to personal property. In Practice. A writ or instrument, issued or made by a competent officer, authorizing the keeper of a prison to keep in his custody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there. Comyn, Dig. "Process" (E) (3 B).

Detention. The act of keeping a person against his will, or of withholding the possession of goods or other personal or real property from the owner. Detainer and detention are very nearly synonymous. If there be any distinction, it is perhaps that detention applies rather to the act considered as a fact, detainer to the act considered as something done by some person. Detainer is more frequently used with reference to real estate than In application to personal property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus. Hurd, Hab. Corp. 209. A detainer or detention of goods, is either lawful or unlawful; when lawful, the party having possession of them cannot be deprived of it. It is legal when the party has a right to the property, and has come lawfully into possession. It is illegal when the taking was unlawful, as in the case of forcible entry and detainer, although the party may have a right of possession; but in some cases the detention may be lawful, although the taking may have been unlawful; Moore v. Shenk, 3 Pa. 20, 45 Am. Dec. 618. So also the detention may be unlawful although the original taking was lawful: as when goods were distrained for rent, and the rent was afterwards paid; or when they were pledged, and the money borrowed and interest was afterwards paid; or if one borrow a horse, to ride from A to B, and afterwards detain him from the owner, after demand, such detention is unlawful, and the owner may either retake his property, or have an action of replevin or detinue; 1 Chit. Pr. 135. In these and many other like cases the owner should make a demand, and, if the possessor refuses to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff. In some cases the detention becomes criminal although the taking was lawful, as in embezzlement. There may also be a detainer of land; and this is either lawful and peaceable, or unlawful and forcible. The detainer is lawful where the entry has been lawful and the estate is held by virtue of some right. It is unlawful and forcible where the entry has been unlawful and with force, and lawful, if the detainer be by force and against right; as, if a tenant at will should detain with force after the will has determined, he will be guilty of a forci! tainer; 2 Chltt l'r. 238; Com. Dig. Detainer^ 2; People v. Bickert, 8 Cow. (N. Y. ) 226; People v. Anthony, 4 Johns. (N. V.i 198; Carpenter v. Shepherd, 4 Bibb (Ky.) 501. See Ladd'v. Dubroca, ir, Ala. 421; May v. Luckett, 54 Mo. 437; Doty v. Burd 111. 473. A forcible detainer is a distinct offence from a forcible entry; People v. Rickert, 8 Cow. (N. Y.) 22G. See Fobcieij: Bw-

The act (or the juridical fact) of withholding front Person lawfully entitled the possession of lahd or goods; or the restraint of a man's personal liberty against his will. The wrongful keeping of a person's goods is called an "unlawful detainePLalthough the original taking may have been Tawful. As, if one distrains another's cattle, damage feasant, and before they are impounded the owner tenders sufficient amends ; now, though the original taking was lawful, the subsequent detention of them after tender of amends is not lawful, and the owner has an action of replevin to recover them, in which he will recover damages for the detention, and not for the caption, because the original taking was lawful. 3 Steph. Comm. 548.

In practice. A writ or instrument, issued or made by a competent officer, authorizing the kceper of a prison to keep in his custody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there. Com. Dig. "Process," E, (3 B.) This writ was supersedeo by 1 & 2 Viet. c. 110, §§ 1, 2. Forcible detainer. See that title,

Detainment or detention; the keeping of a person against his will; the keeping of another out of possession of lands or tenements; the withholding of possession of another's goods.

In English law. A process for beginning an action against persons in custody.

A withholding; detention. See Detinere, 1. Restraint of the person, unassented to. See Imprisonment. 3. Withholding possession of property from the rightful owner. See Conversion, 3. Forcible detainer. Keeping possession of another's realty by force and without authority of law. Vandyck v. Van Beuren, 1 Caines, *84 (1803). The original entry may have been peaceable. Where one, who has entered peaceably upon land, afterward retains possession by force. Forcible entry and detainer. See Entry, 1.

1. The keeping of a person against his will, or withholding property or land from another. 2. A process for the commencement of an action against a person already in custody.

[Lat. detentio; L. Fr. detenue.] Detainment or detention. The keeping another out of possession of lands or tenements. 3 Bl. Com. 179. The unlawful holding possession of another's goods. 3 Steph. Com. 624.

In English practice. A process which lies against persons in custody. 1 Arch. Pr. 80. Arch. N. Pract. 517.

1. The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus. 2. A detainer or detention of goods is either lawful or unlawful; when lawful the party having possession of them cannot be deprived of it. The detention may be unlawful although the original taking were lawful; as when goods were distrained for rent, and the rent was and interest was afterwards paid in these and the like cases, the owner should make a demand, (q. v.) and if the possessor refuse to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff. 3. A writ or instrument issued or made by a competent officer, authorising the keeper of a prison to keep in his custody a person therein named; a detainer may be lodged against one within the walls of a prison, on what account soever he is there. Com. Dig. Process, E 3 b.;. DETERMINATION, is the end, the conclusion of a right or authority; as, the determination of a lease, Com. Dig. Estates by grant, G 10, 11, and 12. The determination of an authority, is the. end of the authority given, the end of the return day of a writ determines the authority of the sheriff; the death of the principal determines the authority of a mere attorney.