WARRANT. A warrant is a delegation by A, who has power or authority to do some act of that power or authority to B. Thus, a man having, of course, power to act in and manage his own concerns, 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 distress upon his tenant, may give a warrant of distress to another for that purpose. A magistrate who has power 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 du that act. A warrant, which should be in writing, ought to show the authority of the person who makes it, the act which is authorised to be done, the name or distinct description of the party authorised 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 appre hend a person whom he has seen commit an offence over which he has jurisdiction. Ile 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 be has reasonable cause of suspicion from the information 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 war rant to apprehend all persons suspected, or all persons guilty, &c., is illegal ; fur the discretion as to pointing out the individual person to be apprehended is vested in the justice, not in the officer. The law as to this was expressly laid down by Lord Mansfield in the case of Money r. Leach, 3 Bur. 1742, where the warrant, being of the form called a general warrant, and which had been in use since the Revolution down to that time, directing 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 bo to bring the party before the justice granting it, or &fore any justice of the same county. A warrant of a justice of one county cannot 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 in England, and may be executed in any part of the kingdom. A warrant is in force until it has been executed, if the justice granting it be still alive. An officer to whom it is addressed 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 In ought first to make known to those within the cause of his coming his authority, and to request their assistance. After the party ii apprehended, the officer ought forthwith to carry him wherever he ii directed by the warrant authorising the apprehension. Much of what has been said as to a warrant of apprehension is equally applicable to a Warrant of Commitment, which is the document by which a justice authorises a commitment of a party to prison, either to suffer a sum wary punishment or to await his trial. The same matters are essentia as to showing the authority,. the parties, the cause, and the purpose o the warrant, and these latter should appear distinctly, be lawful, an no be in the disjunctive. A Search Warrant is a document whit} authorises a search to be made for stolen goods.
A Warrant of Attorney is an authority by which a man authorise mother to do an act for him, on his behalf, or as his agent or deputy. :LETTER Or POWER OF ATTORNEY.] But the term is most commonly ipplied to cases where a party executes an instrument of that name authorising another to confess judgment against him in an action for a :ertain amount named in the warrant of attorney. It is generally Oven as a security by one who is, or is about to become, the debtor if another. The advantage of it is, that, by putting it into effect, the creditor obtains a judgment against his debtor at once, and has all the advantages .of a judgment creditor, without the risk, delay, and expense of an action. There is frequently a condition attached, that it shall be defeated and become void upon the making of certain pay ments, or the doing of certain acts. In all such cases it is necessary that the defeasance, or condition, shall be written on the same paper or parchment as the warrant of attorney, and a copy of the whole filed in the Court of Queen's Bench within twenty-one days after the execution. Otherwise, in case of bankruptcy or insolvency of the party making the warrant of attorney, it will be void as against his assignees.