WARRANT. A warrant is a delega tion by A, who has power to do some act, of that power to B. As a man has power to manage his own concerns, he may give a warrant of attorney to another to act or manage on his behalf. A sheriff who has power to arrest, &c., may give a warrant to his bailiff to act for him. A landlord who has power to make a dis tress upon his tenant may give a warrant of distress to another for that purpose. A magistrate who has authority to bring before him persons who are within his jurisdiction, and reasonably suspected of having committed certain offences, may make a warrant to others to do that act. A warrant should be in writing, and ought to show the authority of the person who makes it, the act which is au thorized to be done, the name or descrip tion of the party who is authorized to execute it, and of the party against whom it is made ; and in criminal cases, the grounds upon which it is made. The sense in which the word warrant is more generally known relates to criminal matters. A justice of the peace has power within his own jurisdiction to ap prehend a person whom he has seen com mit an offence in which he has jurisdic tion. He may also verbally direct, that is, give a verbal warrant to others to arrest such person in his own presence. He may also give a warrant in writing to apprehend in his absence such person, or any person against whom he has reason able cause of suspicion from the informa tion of others. The warrant should always be under the hand and seal of the justice. It should be addressed to the constable or constables, or to some private person by name; and the constable or the private person acting within the justice's jurisdiction will not be liable for any of the consequences of obeying a proper warrant. The warrant should name the person against whom it is directed. A warrant to apprehend all persons suspected, or all persons guilty, &c., is illegal ; for the pointing out the individual person to be apprehended is the function of the justice, not of the officer. The law as to this was laid down by Lord Mansfield in the case of Money v. Leach, 3 Bur. 1742, where the warrant,
being of the form called a general war rant, and which had been in use since the Revolution down to that time, direct ing the officers to apprehend the authors, printers, and publishers' of the famous No. 45 of the North Briton,' was held to be illegal and void. The warrant should also set forth the time and place of making it, and the cause for which it is made. A warrant may be to bring the party before the justice who grants it, or before any justice of the same county. A warrant of a justice of one county can not be executed in another until it has been backed, that is, signed by some justice in that other county ; and the same provision has been also enacted with respect to warrants granted in any one of the three kingdoms, and requiring to be executed in any other. But a warrant granted by one of the judges of the Court of Queen's Bench is tested England, and may be executed in any part of the kingdom. A warrant is in force until it has been ex ecuted, if the justice who granted it be still alive. An officer to whom it is ad dressed is indictable if he neglects or refuses to act upon it. He is justified in apprehending the party at any time, and in breaking open the doors of a house; but he ought first to make known to those within the cause of his coming, his autho rity, and to request their assistance. After the party is apprehended, the officer ought forthwith to carry him wherever he is directed by the warrant. Much of what has been said as to a warrant of appre hension is equally applicable to a Warrant of Commitment, which is the document by which a justice authorizes a commit ment of a party to prison, either to suffer a summary punishment or to await his trial. The same matters are essential as to showing the authority, the parties, the cause, and the purpose of the warrant. A Search Warrant is a document which authorizes a search to be made for stolen goods. (Burn's Justice.) A Warrant of Attorney is a writing by which a man authorizes another to do an act for him, or as his agent or deputy.