PRIVILEGE FRO M. AR REST. Privilege from arrest on civil process.
It is either permanent, as in case of dip lomatic representations and their servants, the royal family and servants, peers and peeresses, etc., or temporary, as in case of members of both houses of congress, and of the state legislature, who are privileged elm do, manendo, et redeundo; 1 Kent 243 ; Cool ey, Const. Lim. 163 ; 8 R. I. 43 ; see 2 Stra. 985; practising barristers, while actually en gaged in the business of the court ; 1 H. Bla. 636 ; 1 M. & W. 488 ; 6 Ad. & E. 623 ; a clergy man in England whilst going to church, per forming services, and returning; 7 Bingh. 320 ; witnesses and parties to a suit and bail, eundo, mandndo, et redeundo; 5 B. & Ad.
1078 ; 1 Maule & S. 638 ; 6 Ad. & E. 623 ; Ellis v. Degarmo, 17 R. I. 715, 24 Atl. 579, 19 L. R. A. 560; Parker v. Marco, 136 N. Y. 585, 32 N. E. 989, 20 L. R. A. 45, 32 Am. St. Rep. 770; and other persons who are privi leged by law. See ARREST. Privilege (from arrest) does not extend to defendants 'in criminal cases; Smith v. Nicola, 6 Pa. Dist. Rep. 595.
A suitor going to, attending or returning from court is privileged from service of sum mons, whether he is a resident of the state or not; Barber v. Knowles, 77 Ohio St. 81,
82 N. a 1065, 11 Ann. Cas. 1144, 14 L. R. A. (N. S.) 663, with note upon the question of the effect of delay in returning.
In case of the arrest of a legislator con trary to law, the legislative body of which he is a member may give summary relief by ordering his discharge, and if this be not complied with, by punishing the persons concerned in such arrest, as for contempt of its authority. If it neglect to interfere, the court from which the process issued should set it aside; and any court or officer having authority to issue writs of habeas corpus may inquire into the case and release the party ; Cooley, Const. Lim. 163; Cush. Parl. Pract. § 546. "When attachment is mere process, privilege exists; when it is punitive or disciplinary, privilege does not exist." Brett, Comm. 748.
In some states, by constitution the privi lege has been enlarged, so as to exempt the persons of legislators from any service of civil process: Michigan, Kansas, Nebraska, California, Wisconsin, Indiana, Oregon.
See ERTERRITORIALITY ; Piggott, Consular Jurisdiction.