See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

WARRANT (Med. See also:

• LAT

Lat. warantum; O. Fr. garant, warant, derived from O.H.G. See also:

• ROOT (late O.E. rot, adopted from Scand., cf. Norw. and Swed. rot, Dan. rod; the true O.E. word was wyrt, plant, represented in Ger. Wurz or Wurzel; the ultimate root is the same in both words, and is seen in Lat. radix)
• ROOT, ELIHU (1845– )

root represented in See also:

• MODERN

modern See also:

• GERMAN
• GERMAN, DUTCH AND SCANDINAVIAN

German bygewdhren)  , in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, an authority in See also:

• WRITING
• WRITING (the verbal noun of " to write," O. Eng. writan, to inscribe)

writing empowering a See also:

• PERSON, OFFENCES AGAINST THE

person to do an See also:

• ACT (Lat. actus, actum)

act or to execute an See also:

• OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

office . The See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure known as quo warranto (q.v.) is used to determine the right to hold certain kinds of public office . The See also:

• TERM

term " See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant " occurs very See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early in constitutional decuments: it is found in the See also:

• ASSIZE

Assize of See also:

• CLARENDON, CONSTITUTIONS OF
• CLARENDON, EDWARD HYDE, 1ST EARL OF (1609-1674)
• CLARENDON, GEORGE WILLIAM FREDERICK VILLIERS, 4TH EARL OF (in the Villiers line) (1800-r87o)
• CLARENDON, HENRY HYDE

Clarendon and the Assize of the See also:

• FOREST

Forest, both in the reign of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry II., but in neither See also:

• CASE
• CASE, JOHN (d. 1600)

case in its See also:

• MODERN

modern meaning . The See also:

• ORIGINAL

original meaning seems to have been more akin to See also:

• GUARANTEE (sometimes spelt " guarantie " or " guaranty "; an O. Fr. form of " warrant," from the Teutonic word which appears in German as wahren, to defend or make safe and binding)

guarantee (q.v.), See also:

• WARRANTY

warranty or See also:

• SECURITY (Lat. securus, free from care, safe)

security; and to some extent the term implies something in the nature of a guarantee or See also:

• REPRESENTATION

representation by the person issuing the warrant that the person who acts on it can do so without incurring any legal See also:

• PENALTY (Lat. poena, punishment)

penalty . The term is applied to a See also:

• GREAT

great variety of documents of very different kinds, which may be classified as (1) executive or administrative, (z) judicial or quasi-judicial and (3) See also:

• FINANCIAL

financial or commercial . 1 . Executive and Administrative.—While the royal See also:

• PREROGATIVE

prerogative was insufficiently defined and limited, a great many executive acts were authorized by royal warrant (per speciale mandatum regis), which now either depend on See also:

• STATUTE

statute or are dealt with by departments of See also:

• STATE
• STATE, GREAT OFFICERS OF

state without the need of recourse to the See also:

• PERSONAL

personal authority of the See also:

• SOVEREIGN

sovereign . Under See also:

• PRESENT

present constitutional practice royal warrants are as a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general See also:

• RULE

rule countersigned by a member of the See also:

• CABINET

cabinet or other responsible officer of state . By an act of 1435 (18 See also:

• HEN

Hen . VI. c . I) letters patent under the great See also:

• SEAL
• SEAL, FUR
• SEAL, HAIR

seal must See also:

• BEAR
• BEAR, BLACK
• BEAR, BROWN
• BEAR, GRIZZLY
• BEAR, ISABELLINE
• BEAR, WHITE

bear the date of the royal warrant delivered to the See also:

• CHANCELLOR (M. Eng. and Anglo-Fr. canceler, chanceler, Fr. chancelier, Lat. cancellarius)

chancellor for their issue . This act still applies to all See also:

• PATENTS

patents, except for inventions .

The See also:

• FORM (Lat. forma)

form and countersignature of warrants for affixing the great seal is regulated' by the Great Seal Act 1884 . See also:

• PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

Pardon, which was granted for centuries only by letters patent under the great seal, has since 1827 in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England and 1828 in See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland been granted in case of See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony by warrant under the royal sign See also:

• MANUAL

manual countersigned by a secretary of state (7 & 8 Geo . IV. c . 28, s . 13; 9 Geo . IV. c . 54, s . 33) . The prerogative of the See also:

• CROWN

crown with reference to the See also:

• CONTROL (Fr. contrdle, older form contre rolle, from Med. Lat. contra-rotulus, a counter roll or copy of a document used to check the original; there is no instance in English of the use of " control " in this, its literal, meaning)

control of the See also:

• NAVY

navy and See also:

• ARMY
• ARMY (from Fr. armee, Lat. armata)

army is largely exercised by the issue of warrants . In 1871 the See also:

• PURCHASE

purchase of commissions in the army was abolished by royal warrant, said to have been authorized by statute (49 Geo . III. c . 126), but afterwards confirmed by See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament (34 & 35 Vict .

C . 86) . Under existing legislation for the See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government of the military forces of the crown royal warrants are used to form army See also:

• CORPS (pronounced as in French, from which it is taken, being a late spelling of tors, from Lat. corpus, a body; cf. " corpse ")

corps, to See also:

• DEAL

deal with certain details as to pay and regimental debts, and with the See also:

• MILITIA (Fr. milice, Ger. Miliz, from Lat. miles, soldier, militia, military service)

militia and reserve forces . The See also:

• CONVOCATION
• CONVOCATION (Lat. convocatio, a calling together)

convocation of See also:

• NAVAL

naval courts-See also:

• MARTIAL (MARCUS VALERIUS MARTIALIS)

martial and the See also:

• APPOINTMENT, POWER OF

appointment of See also:

• JUDGE (Lat. judex, Fr. juge)

judge-See also:

• ADVOCATE (Lat. advocatus, from advocare, to summon, especially in law to call in the aid of a counsel or witness, and so generally to summon to one's assistance)

advocate and See also:

• PROVOST (through O. Fr. prevost, mod. prevot, Lat. praepositus, set over, from praeponere, to place in front)

provost-See also:

• MARSHAL (med. Lat. marescalcus, from O.H.Ger. marah, horse, and scalc, servant)

marshal at such See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court is by warrant of the See also:

• ADMIRALTY, HIGH COURT OF

Admiralty or of the officer on See also:

• FOREIGN

foreign or detached service who by his See also:

• COMMISSION (from Lat. commissio, committere)

commission is entitled to convene such a court (see Naval Discipline Act 1866, s . 58; Army Act 1881, s . 179) . A general court-martial for the army is constituted by royal warrant or convened by an officer authorized to convene such court, or his lawful delegate (Army Act 1881, s . 48) . Appointments to certain offices under the crown are made by warrant of the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king or of the appropriate See also:

• DEPARTMENT (Fr. departement, from departir, to separate into parts)

department of state . In the navy and army the See also:

• OFFICERS

officers called warrant officers are so styled because they are appointed by warrant and do not hold commissions . In 1602 the censorship of the See also:

• STAGE (Fr. 6/age; from Lat. stare, to stand)

stage was committed to the poet See also:

• DANIEL
• DANIEL (DANIL)
• DANIEL, BOOK
• DANIEL, GABRIEL (1649-1728)

Daniel by royal warrant (see See also:

• THEATRE (BEarpov, " a place for seeing," from OeacOae)

THEATRE), and certain tradesmen to the court are described as " warrant holders," because of the mode of their appointment . Abuses of claims to this distinction are punishable (Merchandise Marks Act 1887, s .

20; Patents Act 1883, s . 107) . Warrants under the royal sign manual are subject to a ten-See also:

• SHILLING

shilling See also:

• STAMP (from " to stamp," to strike or tread heavily, hence to impress, O. Eng. stempen, Du. stampen, Ger. stampfen, whence, O. Fr. estamper, mod. etamper)

stamp See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty (Stamp Act 1891) . The issue of warrants under the See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand of a secretary of state, so far as they affect personal See also:

• LIBERTY (Lat. libertas, from liber, free)

liberty, depends in every case on statute, e.g. as to the surrender of fugitive criminals (See also:

• EXTRADITION (Lat. cx, out, and traditio, handing over)

EXTRADITION), or the See also:

• DEPORTATION

deportation of undesirable aliens (see See also:

• ALIEN (Lat. alienus)

ALIEN), or the bringing up prisoners as witnesses in courts of See also:

• JUSTICE (Lat. justitia)

justice . The right of a secretary of state or the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord-See also:

• LIEUTENANT

lieutenant in Ireland by See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express warrant in writing to detain or open letters in the See also:

• POST

post office was recognized by orders in See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council and proclamations in the 17th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century and by various post office acts, and is retained in the Post Office Act 1836 (s . 25) . The right was challenged, but was finally established by the reports of committees of both Houses appointed in 1844 on a complaint by Mazzini and others that See also:

• SIR

Sir See also:

• JAMES
• JAMES (Gr. 'IlrKw,l3or, the Heb. Ya`akob or Jacob)
• JAMES (JAMES FRANCIS EDWARD STUART) (1688-1766)
• JAMES, 2ND EARL OF DOUGLAS AND MAR(c. 1358–1388)
• JAMES, DAVID (1839-1893)
• JAMES, EPISTLE OF
• JAMES, GEORGE PAYNE RAINSFOP
• JAMES, HENRY (1843— )
• JAMES, JOHN ANGELL (1785-1859)
• JAMES, THOMAS (c. 1573–1629)
• JAMES, WILLIAM (1842–1910)
• JAMES, WILLIAM (d. 1827)

James See also:

• GRAHAM, SIR GERALD (1831–1899)
• GRAHAM, SIR JAMES ROBERT GEORGE
• GRAHAM, SYLVESTER (1794-1851)
• GRAHAM, THOMAS (1805-1869)

Graham, then See also:

• HOME
• HOME, DANIEL DUNGLAS (1833-1886)
• HOME, EARLS OF

home secretary, had opened their letters . It was exercised as recently as 1881 over the letters of persons suspected of treasonable See also:

• CORRESPONDENCE
• CORRESPONDENCE (from med. scholastic Lat. correspondentia, corrcspondere, compounded of Lat. cum, with, and respond ere, to answer; cf. Fr. correspondance)

correspondence in Ireland . The warrant of a law officer of the crown for sealing letters patent for inventions (necessary under the old patent law) has been superseded by other procedure since the Patents Act 1883 . 2 . Judicial and Quasi-Judicial Warrants.—Unless a statute otherwise provides a judicial warrant must be in writing under the seal, if any, of the court, or under the hand and (or) seal of the functionary who grants it . Committal for See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• PRIVILEGE

privilege of the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

House of See also:

• COMMONS

Commons is by warrant of the See also:

• SPEAKER

Speaker .

During the Tudor and See also:

• STUART, ARABELLA (1575-1615)
• STUART, GILBERT (1755-x828)
• STUART, JAMES EWELL BROWN (1833-1864)
• STUART, JOHN
• STUART, MOSES (1780-1852)
• STUART, SIR JOHN, COUNT

Stuart reigns frequent attempts were made by the crown and great officers of state to interfere with personal liberty, especially as to offences of state . The legality of these proceedings was challenged by the See also:

• JUDGES, THE BOOK OF

judges in Flizabeth's reign . On the abolition of the See also:

• STAR

Star Chamber it was enacted (16 See also:

• CAR (Late Lat. carra)

Car . I. c . 1o) that if any person be imprisoned by warrant of the king in person, of the council See also:

• BOARD (O. Eng. bord)

board, or any of the privy council, he is entitled to a See also:

• WRIT (O. Eng. gewrit, writ, from writan, to write)

writ of habeas corpus, and the courts may examine into the legality of the cause of detention . This enactment, and the Habeas Corpus Act 1679, put an end to the interference of the executive with matters belonging to the judicature; but until 1763 there survived a practice by which a secretary of state issued warrants to See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest individuals for state offences, and to See also:

• SEARCH, or VISIT AND SEARCH

search or seize the books and papers of the accused . The latter practice was examined and declared illegal in the famous case of Entick v . See also:

• CARRINGTON, CHARLES

Carrington (19 How . St . Tr . 1030) . All privy councillors are included in the commission of the See also:

• PEACE
• PEACE, BREACH OF THE

peace for every See also:

• COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county .

The council itself is said to have See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power to issue warrants of arrest for high See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, but the power, if it exists, is in See also:

• ABEYANCE (O. Fr. abeance, " gaping")

abeyance in England . The See also:

• SPECIAL

special See also:

• POWERS, HIRAM (1805-1873)

powers given to the lordiieutenant of Ireland in 1881 (44 & 45 Vict . C . 5) expired in 1906 . As a result of the See also:

• GRADUAL (Med. Lat. gradualis, of or belonging to steps or degrees; gradus, step)

gradual restriction of the royal prerogative, the term warrant has come in modern times oftenest to be used of documents issuing from courts of justice . Few documents issuing from the See also:

• SUPERIOR

superior courts are called warrants . In these courts writs and orders are more generally used . In courts of See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record which try indictments a " See also:

• BENCH (an O.E. and Eng. form of a word common to Teutonic languages, cf. Ger. Bank, Dan. baenk and the Eng. doublet " bank ")

bench warrant is sometimes used for the arrest of all absent See also:

• DEFENDANT

defendant, but the word warrant has for judicial purposes become most closely associated with the See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction of justices of the peace . As a general rule no one can be arrested without warrant . To this rule there are certain exceptions either at See also:

• COMMON

common law or by statute . At common law a justice of the peace, a See also:

• SHERIFF

sheriff, a See also:

• CORONER

coroner, a See also:

• CONSTABLE (0. Fr. connestable, Fr. connetable, Med. Lat. comestabilis, conestabilis, constabularius, from the Lat. comes stabuli, count of the stable)
• CONSTABLE, ARCHIBALD (1774-1827)
• CONSTABLE, HENRY (1562-1613)
• CONSTABLE, JOHN (1776-1837)
• CONSTABLE, SIR MARMADUKE (c. 1455-1518)

constable and even a private person, may arrest any one without warrant for a treason, felony or breach of the peace committed, or attempted to be committed, in his presence . A constable ,(whether a constable at common law or a See also:

• POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police constable appointed under the Police Acts) may arrest a person indicted for felony; a constable or a private person may arrest on reasonable suspicion that he who is arrested has committed a felony .

But in the latter case he does so at his peril, for he most prove (what the constable need not) that theie has been an actual commission of the See also:

• CRIME (Lat. crimen, accusation)

crime by some one, as well as a reasonable ground for suspecting the particular person . What is a reasonable ground it is of course impossible to define, but, in the case of a constable, a See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge by a person not manifestly unworthy of See also:

• CREDIT (Lat. credere, to believe)

credit is generally regarded as sufficient . An accused person who has been bailed may be arrested by his See also:

• BAIL

bail, and the police may assist in the arrest . In neither case is a warrant necessary . Nor is it necessary for the See also:

• APPREHENSION (Lat. ad, to; prehendere, to seize)

apprehension of one against whom the See also:

• HUE

hue and cry is raised . The king cannot arrest in person or by verbal command, as no See also:

• ACTION

action would See also:

• LIE, JONAS LAURITZ EDEMIL (1833—1908)
• LIE, MARIUS SOPHUS (1842–1899)

lie against him for wrongful arrest . Statutory powers of arrest without warrant are given to both constables and private persons by many statutes, e.g. the See also:

• NIGHT

Night Poaching Act 1828, certain of the Criminal Law Consolidation Acts of 1861, the Prevention of Crime Act 1871 and Police Acts . In those cases in which arrest without warrant is illegal or is found inexpedient, See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information in writing or on See also:

• OATH (0. Eng. ddh)

oath is laid before a justice of the peace setting forth the nature of the offence charged and to some extent the nature of the See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence implicating the accused; and upon this information, if sufficient in the See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion of the justice applied to, he issues his warrant for the arrest of the person incriminated . The warrant, if issued by a competent court as to a See also:

• MATTER

matter over which it has jurisdiction, becomes a judicial authority to the person who executes it, and resistance to such a warrant is a criminal offence . The See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of a legal warrant by a peace officer on arrest is of great importance in determining whether a person resisting apprehension is justified or not in his resistance Should the officer 'See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt to apprehend him on a warrant manifestly illegal on its See also:

• FACE (from Lat. fades, derived either from facere, to make, or from a root fa-, meaning " appear "; cf. Gr. cbatvstv)

face, or without a warrant in a case where a warrant is :necessary, and be killed in the attempt, the killing would probably be held to be See also:

• MANSLAUGHTER (0. Eng., mannslaeht, from mann, man, and slaeht, act of slaying, sledn, to slay, properly to smite; cf. Ger. schlagen, Schlacht, battle)

manslaughter and not See also:

• MURDER

murder . Before bringing an action against constables for alleged illegal arrest under a justice's warrant the complainant must apply for the perusal and a copy of the warrant (24 Geo . II. c .

44, s . 6; See also:

• POLLOCK

Pollock, Torts, 6th ed., 117) . Entry upon the See also:

• LAND

land or seizure of See also:

• PROPERTY

property cannot as a rule be justified except under judicial warrant . The only common law warrant of this See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind is the search warrant, which may be granted for the purpose of searching for stolen goods . Special powers for issuing such warrants are given by the Army, See also:

• MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

Merchant See also:

• SHIPPING

Shipping, Customs, Pawnbrokers and Stamp Acts, and for the See also:

• DISCOVERY

discovery of See also:

• EXPLOSIVES

explosives or appliances for coining and See also:

• FORGERY (derived through the French from Latin fabricare, to construct)

forgery . The Criminal Law See also:

• AMENDMENT (through the O. Fr. amender, to correct, from Lat. mendum, a fault)

Amendment Act 1885 allows the issue of search warrants where it is suspected that a See also:

• FEMALE

female is unlawfully detained for immoral purposes . See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

Execution of the decisions of a court of See also:

• SUMMARY

summary jurisdiction is secured by warrants, See also:

• PART

part of the See also:

• PROCESS

process of the court, such as warrants of See also:

• DISTRESS

distress or co:nrnitment . A warrant may also issue for the apprehension of a See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness whose attendance cannot be otherwise assured . The forms of warrants used by justice; in indictable cases are scheduled to the Indictable Offences Act 1848 . Those used for summary jurisdiction are contained in the Summary Jurisdiction Rules of 1886 . As a general rule, warrants must be executed within the See also:

• LOCAL

local jurisdiction of the officer who issued them . Warrants, &c., issued by a judge of the High Court run through England, in criminal as well as in See also:

• CIVIL

civil cases: and the same rule applies as to courts having See also:

• BANKRUPTCY (from Lat. bancus or Fr. banquet table or counter, and Lat. ruptus, broken)

bankruptcy jurisdiction .

The warrants of justices of the peace can he executed on fresh pursuit within 7 m. of the boundary of the jurisdiction, and if properly backed by a local justice or officer inany other part of the See also:

• BRITISH

British islands (see SUMMARY JURISDICTION) . There is also a special See also:

• PROVISION (Lat. provisio)

provision as to executing warrants in the border counties of England and See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland . Under the Extradition Acts and Fugitive Offenders Act 1881 provision is made for the issue of warrants in aid of foreign and colonial justice; but the foreign and colonial warrants have no force in the See also:

• UNITED

United See also:

• KINGDOM

Kingdom . The word " warrant " is used as to a few judicial or quasi-judicial matters of civil concern, e.g. warrant to arrest a See also:

• SHIP

ship in an admiralty action in rem; and in the county courts warrants to the bailiffs of the court are used where in the High Court a writ to the sheriff would be issued, e.g. for See also:

• ATTACHMENT

attachment, execution, possession and de-See also:

• LIVERY

livery (see County Court Rules, 1903, scheduled forms) . A warrant of distress for See also:

• RENT

rent issued by a landlord to a See also:

• BAILIFF

bailiff is sometimes described as a private warrant, but it is in reality a See also:

• PECULIAR

peculiar quasi-judicial remedy derived from feudal relations between lord and See also:

• VASSAL (Fr. vassal, vassaut, vassault, &c,)

vassal . Arrest in civil or quasi-civil proceedings is in certain cases effected under warrant, e.g. where a bankrupt fails to obey orders of the court for his attendance (Bankruptcy Act 1883, s . 25), and in certain cases where justices have summary jurisdiction . Financial and Commercial.—See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

Payment out of the See also:

• TREASURY

treasury is generally made upon warrant . Treasury warrants are regulated by many of the acts dealing with the See also:

• NATIONAL

national See also:

• DEBT (Lat. debitum, a thing owed)

debt . Payment of dividends by trading corporations and companies is generally made by means of See also:

• DIVIDEND (Lat. dividendum, a thing to be divided)

dividend warrants . See also:

• MERCANTILE (or COMMERCIAL) AGENCIES

Mercantile warrants are See also:

• INSTRUMENTS

instruments giving a right to the delivery of goods, generally those deposited at a See also:

• DOCK

dock or warehouse, and by mercantile See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom regarded as documents of See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title to the goods to which they relate . They have been recognized by the legislature, especially in the Factors Acts .

Thus the See also:

• INTERPRETATION (from Lat. interpretari, to expound, explain, inter pres, an agent, go-between, interpreter; inter, between, and the root pret-, possibly connected with that seen either in Greek 4 p4'ew, to speak, or irpa-rrecv, to do)

interpretation clause of the Factors Act 1889 includes under the See also:

• HEAD (in 0. Eng. heafad; the word is common to Teutonic languages; cf. Dutch hoofd, Ger. Haupt, generally taken to be in origin connected with Lat. caput, Gr. KerbOvi7)
• HEAD, SIR EDMUND WALKER, BART
• HEAD, SIR FRANCIS BOND, BART

head of documents of title, dock warrants and warrants for the delivery of goods, and a See also:

• FULLER, ANDREW (1954-1815)
• FULLER, GEORGE (1822—1884)
• FULLER, M
• FULLER, MARGARET, MARCHIONESS
• FULLER, MELVILLE WESTON (1833-1910)
• FULLER, THOMAS (16o8-1661)
• FULLER, WILLIAM (1670--c. 1717)

fuller See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

definition is given by s . III of the Stamp Act 1891, which imposes on such documents a stamp duty of 3d . Warrants of See also:

• ATTORNEY (from O. Fr. atorne, a person appointed to act for another, from atourner, legal Lat. attornare, attorn, literally to turn over to another or commit business to another)

attorney are instruments authorizing an attorney to appear for the See also:

• PRINCIPAL

principal in an action and to consent to See also:

• JUDGMENT

judgment . They must now be attested by a See also:

• SOLICITOR

solicitor and registered in the See also:

• BILL

Bill of See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

Sale Office under the Debtors Act 1869 . They are now little used . The forgery of any warrant of this kind or of any endorsement or See also:

• ASSIGNMENT, ASSIGNATION, ASSIGNEE

assignment thereof is punishable under the Forgery Act 1861 . Scotland.—By See also:

• ART

art. See also:

• XXIV

xxiv. of the Articles of See also:

• UNION
• UNION (known locally as Union Hill and officially as Town of Union)

Union royal warrants were to continue to be kept as before the _union . The Secretary for Scotland Act 1885 enabled the crown by royal warrant to appoint the secretary to be See also:

• VICE

vice-See also:

• PRESIDENT (Fr. president, from Lat. praesidens, post-Augustan Lat. for praeses, director, ruler, from praesidere, to sit in front of, preside)

president of the Scotch See also:

• EDUCATION

Education Department . The lord advocate's warrant runs throughout the whole of Scotland . Warrants issued by courts of summary jurisdiction agree in the See also:

• MAIN (from the Aryan root which appears in " may " and " might," and Lat. magnus, great)
• MAIN (Lat. Moenus)

main with those in use in England, though their names are not the same (see SUMMARY JURISDICTION) . There are numerous statutory provisions as to warrants of other kinds . By the Debtors (Scotland) Act 1838 (1 & 2 Vict .

C . 114) warrants for See also:

• DILIGENCE

diligence, and to charge the debtor under See also:

• PAIN (from Lat. poena, Gr. robin, penalty, that which must be paid: O. Fr. peine)
• PAIN, BARRY (1867– )

pain of imprisonment, may be inserted in an See also:

• EXTRACT (from Lat. extrahere, to draw out)

extract of See also:

• DECREE (from the past participle, decretus, of Lat. decernere)

decree; and in a See also:

• SUMMONS (Fr. semonce, from semonner or semondre, Lat. summonere, summonitio)

summons concluding for payment of See also:

• MONEY

money a warrant to arrest the movables, debts and money of the defender may be included . By the Court of Session Act 1868 (31 & 32 Viet. c. too) a warrant of See also:

• INHIBITION (from Lat. inhibere, to restrain, prevent)

inhibition may be inserted in the will of a summons . A crown writ is a warrant for infeftment (31 & 32 Viet. c. See also:

• LOT
• LOT (Lat. Oltis)

lot) . The same act gives forms of warrants of See also:

• REGISTRATION

registration . The procedure of the sheriff court in its civil jurisdiction as to warrants of See also:

• CITATION (Lat. citare, to cite)

citation is regulated by the Sheriff Courts (Scotland) Act 1907 (7 Edw . VII. c . 51) . The practice as to warrants of citation and See also:

• COMMITMENT

commitment in the High Court of See also:

• JUSTICIARY, HIGH COURT OF

Justiciary and the sheriff court in its criminal jurisdiction now depends chiefly on the Criminal Procedure Act 1887 (5o & 51 Vict . C . 35) . The meditatio fugae warrant is a judicial warrant on which imprisonment ;may follow until the debtor give cautio judicio sisti .

It corresponds to some extent to the writ ne exeat regno of English practice, but it may be issued by a sheriff (1 & 2 Vict . C . 119, s . 25) . Another kind of judicial warrant is a border warrant for arresting a debtor on the English See also:

• SIDE
• SIDE (mod. Eski Adalia)

side of the border . The warrant of attorney is not known in Scotland, its See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place being taken by the clause of registration, which is not avoided by the See also:

• DEATH

death of the person giving it . United States.—By the constitutions of the United States and of almost all the states, warrants are not to issue but upon probable cause, supported by oath or See also:

• AFFIRMATION (from Lat. affirmare, to assert)

affirmation, and particularly describing the place to be searched and the persons or thing to be seized . These provisions have been held not to mean that there shall be no arrest without warrant, but to confine the right of arrest to circumstances similar to those which justify it in English law . The constitutions of some states forbid general warrants . A warrant is generally necessary for the payment of money out of the United States cr a state treasury . (W . F .