IMPRISONMENT (from imprison, OF., Fr. eniprisonner, from en, in + prison, prison, from Lat. prcnsio, arrest, from prehcnderc, premiere, to seize). The restraint of a person's liberty for any cause whatever, whether by authority of the Government or in defiance thereof. In the latter case it is 'false imprisonment' (q.v.). It does not necessarily imply a prison with bolts and bars, but may be exercised by any use or display of force, lawfully or unlawfully, in the open street. A man becomes a prisoner, wher ever he may be, by the mere word or touch of a duly authorized officer directed to that end. Usu ally, however, imprisonment is understood to imply an actual confinement in some jail or prison employed for the purpose according to the provisions of law. The power to imprison is in many eases inherent in courts or magis trates, and in others conferred upon them by statute, and it may be employed in civil as well as criminal proceedings. Imprisonment for debt, once universal in this country, under the opera tion of the English common law, is now generally abolished by statute, except in cases where the action of the debtor is tainted by fraud, or he is reasonably suspected of an intention to avoid his debts by concealing his property, or removing that and himself from the State. Witnesses whose
testimony is necessary for the conviction of a criminal often are imprisoned to prevent their escape from the jurisdiction of the court. Per sons accused of crime are either confined till the day of trial or released on bail, according to the gravity of the offense. Courts have the power to imprison for contempt of their authority, and persons found guilty of crime are imprisoned for periods definitely fixed by statute or by the judg ment of the court. The confinement of lunatics in asylums appointed for the purpose is not here considered, as such asylums are not usually re garded as prisons. A person who wrongfully or illegally deprives another of liberty may be sued in a civil action for false imprisonment by the person aggrieved, or prosecuted as for a criminal offense. A prisoner desiring release is entitled to a writ of habeas corpus to obtain the judg ment of a competent court as to the legality of his imprisonment. See ARREST; DEBTOR; DU RESS; PUNISHMENT; BAIL; DEBT; etc.