warrant

an instrument conferring authority upon persons, inferior to a commission," and that mates must therefore be warrant officers, because they are appointed by the Secretary of the Navy, proves, too much; since all petty officers hold by some sort of designation from a superior authority, and if a warrant be an instrument inferior to a commission, this would make all petty officers warrant officers.

In its broadest sense, "a writing from a competent authority, in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage if he does it." 71 N. Y. 376. In practice, it is largely confined to process of a criminal or quasi criminal nature, the more important being: (1) Warrant of arrest, which is 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 offense, and to bring him before that or some other justice of the peace. (2) Bench warrant, which 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. (3) Search warrant, which 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 illicit or contraband goods or goods which it is alleged have been stolen. Municipal Warrants. The name "warrant" is also given to a class of municipal ity upon the treasurer thereof. 19 Wall. (U. S.) 468.

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.

n. 1. A writ or precept from a competent authority in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage, if he does it. People v.' Wood, 71 N. Y. 376. 2. Particularly, a writ or precept issued by a magistrate, justice, or other competent authority, addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person therein named, and bring him before the magistrate or court, to answer, or to be examined, touching some offense which he is charged with having committed. See, also, Bench-Warrant; Search-Warrant. 3. A warrant Is an order by which the drawer authorizes one person to pay a particular sum of money. Shawnee County v. Carter, 2 Kan. 130. 4. An authority issued to a collector of taxes, empowering him to collect the taxes extended on the assessment roll, and to make dlstress and sale of goods or land in default of payment. 5. An order issued by the proper authorities of a municipal corporation, authorizing 'the payee or holder to receive a certain sum out of the municipal treasury.

— Bench warrant. See Bench.

— Death warrant. A warrant issued generally by the chief executive authority of a state, directed to the sheriff or other proper local officer or the warden of a jail, commanding him at a certain time to proceed to carry into execution a sentence of death imposed by the court upon a convicted criminal.

— Distress warrant. See Distress.

— General warrant. A process which formerly issued from the state secretary's office in England to take up (without naming any persons) the author, printer, and publisher of such obscene and seditious libels as were specified in it. It was declared illegal and void for uncertainty by a vote of the house of commons on the 22d April, 1766. Wharton.

— Land warrant. A warrant issued at the local land offices of the United States to purchasers of public lands, on the surrender of which at the general land office at Washington, they receive a conveyance from the general government.

— Landlord's warrant. See Landlord.

— Search warrant. See that title.

— Warrant creditor. See Creditor.

— Warrant in bankruptcy. A warrant issued, upon an adjudication in bankruptcy, directing the marshal to take possession of the bankrupt's property, notify creditors, etc.

— Warrant of arrest. See Arrest.

— Warrant of attorney. In practice. A written authority, directed to any attorney or attorneys of any court of record, to appear for the party executing it, and receive a declaration for him in an action at the suit of a person named, and thereupon to confess the same, or to suffer judgment to pass by default; and it also usually contains a release of errors. 2 Burrill, Pr. 239; Treat v. Tolman, 113 Fed. 892, 51 C. C. A. 522.

— Warrant of commitment. A warrant of commitment is a written authority committing a person to custody.

— Warrant officers. In the United States navy, these are a class of inferior officers who hold their rank by virtue of a written warrant instead of a commission, including boatswains, gunners, carpenters, etc.

— Warrant to sne and defend. In old practice. A special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. 3 Bl. Comm, 25. A special authority given by a party to his attorney, to commence a suit, or to appear and defend a suit, in his behalf. These warranto are now disused, though formal entries of them upon the record were long retnined in practice. 1 Burrill, Pr. 39.

v. In conveyancing. To assure the title to property sold, by an express covenant to that effect in the deed of conveyance. To stipniate by an express covenant that the title of a grantee shall be good, and his possession undisturbed. In contracts. To engage or promise that a certain fact or state of facts, in relation to the subject-matter, is, or shall be, as it is represented to be.

To give assurance of the of a thing sold, or the validity of property insured.

A written official tilled. 'Wainage: carts and implements as by a thief of goods stolen, in his abandon. outlawry of, a woman. of earth; a wall, a sea-wall. of the northeastern counties in England A hundred court. ground, v. Warectare. Warantizare: to warrant. Waranof guarding a castle; wardship; an Ward-holding: the Scotch term for Ward-mote: a court in each ward in Lonimmunity from service of ward. An award. keeper. Court, 45. tenures, the right of the lord to have ensthe body and lands of the infant heir, profits, until he was twenty-one, or she guardian was accountable for profits; but the nearest relative to whom the descend, and the wardship ceased at fourlord was the guardian, but was perhaps; to plough in the spring for fallow. ground. /. To warrant. warranty. guarantee. In contracts, to engage the truth essential condition. In land, to bind one's covenant that the title is good and the in his possession. document, writ, or precept conferring auauthorizing arrest, distress, or search,

1. A general name for various judicial writings authorizing officers of the courts to make arrests, searches, or seizures, or do other like acts in aid of the administration of justice. 2. There are also several evidences of debt or title, and negotiable instruments, known as warrants; as land-warrants, which authorize the holder to take up a tract of public lands; city, county, or town warrants, which call for payment of money out of the municipal treasuiy, to some creditor of the corporation; and dividend warrants, which are of the nature of a check by a joint-stock company upon its bankers, directing them to pay a sum of money specified therein to a shareholder entitled thereto in respect of a dividend, or to his order. Warrant of arrest. Warrants of arof serious crimes. On information being laid before a magistrate that any person has committed, or is suspected to have committed, any offence, the magistrate will, according to the circumstances of the case, issue a summons, to be sei Ted upon the defendant, citing him to appear, or will issue a warrant for his apprehension in the first instance. In most cases of serious offences, a warrant will be issued at once. In minor offences, especially those punishable on summaiy conviction, a warrant will not, by English practice, generally be issued, except against a party who has disobeyed a summons; but a justice may, if he think fit, issiie in the first instance a warrant for apprehending the defendant. Where an indictment has been • found against a person who is at large, a warrant may be issued for his apprehension. Warrant of attorney. An instrument in writing, addressed to an attorney-at-law, authorizing him, generally, to appear in any court, or in some specified court, on behalf of the person giving it, and to confess judgment in favor of some person therein named. This general authority usually recites a bond which accompanies it, or contains a defeasance, stating the terms upon which it was given, and restraining the creditor from making use of it, except on breach of the condition. The warrant (or bond and warrant) is commonly given to a creditor, as security, and enables him, on default of payment, to enter judgment without the delays of an action. It is the same in substance as the confession of judgment. In form it is, generally, by deed; but it seems it need not necessarily be so. 5 Taunt. 264. This instrument is given to the creditor as a security. Warrant of commitment. A warrant of commitment is a written authority committing a person to custody. Such a warrant may be issued in various cases; as in pm-suance of a judicial sentence upon a conviction; for the purpose of securing the attendance of the party to take his trial for an indictable an adjourned hearing of the charge against him; for default in payment of a sum of money ordered to be paid, by way of fine or otherwise; for default in finding sureties to keep the peace; in default of sufficient property being found to satisfy a warrant of distress; or for contumacy, as in a witness refusing to answer questions properly put to him. As to bench-warrant, general warrant, and search-warrant, see those titles. Warrant of Bcer. A class of officers in the navy, understood to be of inferior grade, but holding their office by written commission or warrant.

crim. law, practice, is a writ issued by a justice of the peace or other authorised 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. It should regularly be made under the hand and seal of the justice and dated. No warrant ought to be issued except upon the oath or affirmation of a witness charging the defendant with the offence. 3 Binn. Rep. 88. The reprehensible practice of issuing blank warrants which once prevailed in England, was never adopted here. 2 Russ. on Cr. 512; Ld. Raym. 546; 1 Salk. 175; 1 H. BI. R. 13; Doct. Pl. 529; Wood’s Inst. 84; Com. Dig. Forcible Entry, (D 18, 19); Ib. Imprisonment, (H 6); Ib. Pleader, (3 K -26); Ib. Pleader, (3 M 23). ide Search-warrant.