Privilege From Arrest

Privilege from arrest on civil process. It is either permanent, as in case of diplomatic representations and their servants, the royal family and servants, peers and peeresses, etc., or temporary, as in case of members of both houses of congress, and of the state legislature, who are privileged eurir do, manendo, et redeundo; 1 Kent 243; Cooley, Const. Lim. 163; 8 R. I. 43; see 2 Stra. 985; practising barristers, while actually engaged in the business of the court; 1 H. Bla. 636; 1 M. & W. 488; 6 Ad. & E. 623; a clergyman in England whilst going to church, performing services, and returning; 7 Bingh. 1078; 1 Maule & S. 638; 6 Ad. & B. 623; Ellis v. Degarmo, 17 R. I. 715, 24 Atl. 579, 19 L. R. A. 560; Parker v. Marco, 136 N. Y 585, 32 N. E. 989, 20 L. R. A. 45, 32 Am. St. Rep. 770; and other persons who are privileged by law. See Arrest. Privilege (from arrest) does not extend tp defendants in criminal cases; Smith v. Nicola, 6 Pa. Dist. Rep. 595. A suitor. going to, attending or returning from court is privileged from service of summons, whether he is a resident of the state or not; Barber v. Knowles, 77 Ohio St. 81, 82 N. E. 1065, 11 Ann. Cas. 1144, 14 L. R. A. (N. S.) 663, with note upon the question of the effect of delay in returning. In case of the arrest of a legislator contrary to law, the legislative body of which he is a member may give summary relief by ordering his discharge, and if this be not complied with, by punishing the persons concerned in such arrest, as for contempt of its authority. If it neglect to interfere, the court from which the process issued should set it aside; and any court or officer having authority to Issue writs of habeas corpus may inquire into the case and release the party; Cooley, Const. Lim. 163; Cush. Pari. Pract. § 546. “When attachment is mere process, privilege exists; when it is punitive or disciplinary, privilege does not exist” Brett, Comm. 748. In some states, by constitution the privilege has been enlarged, so as to exempt the persons of legislators from any service of civil process: Michigan, Kansas, Nebraska, California, Wisconsih, Indiana, Oregon. See Exterritoriality; Piggott, Consular Jurisdiction.

A privilege extended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of government, whereby they are exempted from arrest on, civil process, and, in some casesj on criminni charges, either permanently, as in the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and witnesses engaged in a particular suit, etc.

Defined under Privilege in Black's Law Dictionary.