IMPRISONMENT, the state of a person restrained of his liberty, and detained under the custody of another.
No person is to be imprisoned but as the law directs, either by the command or order of a court of record, or by lawful warrant; or the king's process, on which one may be lawfully detained. And at common law, a person could not be imprisoned unless he were guilty of some force and violence, for which his body was subject to imprisonment, as one of the highest executions. Where the law gives power to imprison, in such case it is justifiable, provided he that does it in pursuance of a statute, exactly pursues the statute in the manner of doing it; for otherwise it will be deemed false imprisonment, and of consequence it is unjustifiable. Every warrant of commitment for imprisoning a person, ought to run, "Till delivered by due course of law," and not "Until farther order;" which has been held ill: and thus it also is, where one is imprisoned on a warrant not mentioning any cause for which he is committed. See ARREST and COMMITMENT.