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constitute a legal wrong it is necessary that the imprisonment be unlawful. For determining what restraints are unlawful, the shorter inquiry is, what restraints does the law allow? All others will be legal wrongs.

Lawful restraint may be, 1st, without legal process; 2d, with legal process.

§ 292. Lawful restraint without legal process.In some cases the law deems it less productive of mischief to allow a person by his own act to restrain another than to require him to resort to legal proceedings. The reason lies in the ineffectiveness of legal proceedings under the circumstances, and in the necessity for prompt action. Order and peace are better subserved by the individual act than by the tardy redress of legal proceedings.

A parent may impose restraint upon his child.

A teacher acting in loco parentis may restrain a pupil, subject, however, to the control of the parent. A guardian of the person of a ward may exercise restraint.

A shipmaster may restrain members of his crew or passengers to preserve discipline and order.

Military officers, in time of war, may of course restrain the captured enemy, spies and any persons infringing the rules of war, or suspected of doing so. In time of peace they may impose restraint upon those who are under military control, for military offenses, but they may not restrain others.

One who is bail for another may generally, by following the procedure of the statute, himself arrest and restrain his principal.

Any person may restrain another who is dangerous from insanity or intoxication, but is bound without delay to surrender the dangerous person to the officers of the law.

A peace officer may without a warrant arrest and restrain a person:

(1) To prevent breach of the peace in his view. (2) For a felony or misdemeanor if committed in his view, but not for a mere misdemeanor committed out of his view.

(3) For a past felony, provided he has reasonable grounds for believing the arrested person committed a felony. And he is justifiable, even though in fact the arrested person is innocent, or even though in fact no felony had been committed.

A private person may without legal proceedings arrest and restrain another:

(1) To prevent breach of the peace in his view. (2) For a felony, whether past or in his view, provided a felony has been actually committed, and he has reasonable grounds for believing the person arrested to be guilty. He makes the arrest at his peril, however, and if no felony has been committed, he will be held liable.

Where the arrest and restraint is for a felony or misdemeanor, the person arrested must be taken before a magistrate within a reasonable time, or the imprisonment can not be justified. In all cases, the restraint exercised must be reasonable, and if it becomes excessive, the person restraining is guilty of a legal wrong. It is, however, doubted whether a parent can ever be civilly liable for damages to his

child, on account of an excessive restraint, although he may be criminally liable therefor.

§ 293. Lawful restraint under legal process.After judgment of insanity, a warrant in proper form is a justification for the restraint of the insane person, even after the person be in fact restored to sanity. Judges within the limits of their jurisdiction are never civilly liable for causing the restraint of a person, even where they are guilty of error, or abuse of their power. This rule rests upon public policy, it being deemed safer that judges shall be free from any fear of private suit, and that redress be left wholly to the state. But where judges act wholly without jurisdiction, they are civilly liable to the person restrained, if they have acted knowingly and maliciously. Courts of limited jurisdiction are held to stricter accountability, and are bound to know and not to exceed the limits of their jurisdiction. So that while judges of general jurisdiction, acting without or beyond jurisdiction, are not liable so long as they act in good faith, judges of limited and inferior jurisdiction are liable for acts in excess of jurisdiction, whether in good faith or not.

§ 294. Officers.-Officers who make arrests upon legal process must, in order to justify such arrests, be able to show :

(1) That the process was issued by a court having jurisdiction of such cases.

(2) That there is nothing on the face of the process, apprising the officer that no authority existed in the particular case.

(3) That he acted reasonably, promptly and moderately, in the execution of the process.

All persons, whether parties or attorneys, who procure the issuance of illegal process, under which arrest is made, are liable to the person arrested. But the liability will not be on the ground of false imprisonment, except where the process procured is extra-judicial, or in other words is not valid process. If the process is valid, there is no liability for false imprisonment, even though the process be procured by a malicious and false statement of the facts. The remedy in the latter case is by an action for malicious. prosecution, which will be considered hereafter.

§ 295. Remedy.-The person arrested may maintain an action for damages against the wrong-doer, and is entitled to recover all proximate damages. He may recover compensatory damages, and as elements of such damages the jury may consider all expenses reasonably incurred to procure discharge, including reasonable attorney's fees in the former proceeding, loss of time and employment, loss by interruption of business, bodily and mental suffering, the sense of shame and humiliation, the loss of or injury to honor, reputation and social position.

In addition to compensatory damages, the person illegally restrained may recover exemplary or punitive damages when the act was done maliciously or with undue violence. But exemplary damages can not be recovered when the act complained of is punishable criminally.

§ 296. Privilege from arrest.-Upon grounds of public policy the law declares persons under certain circumstances to be free from arrest.

Ambassadors and representatives of foreign powers are exempt from local jurisdiction, not only in

civil but criminal cases, the fiction being that they carry with them the territory and jurisdiction of their own countries. The exemption extends to the family, secretaries and servants of the foreign representative. But the privilege may be waived and local jurisdiction may be submitted to.

By the constitution of the United States and of the states members of the legislature are exempt from arrest, except for treason, felony or breach of the peace, while attending the sessions of the legislature, and for a reasonable time before and after, while going to or from the same.

Parties litigant, witnesses, attorneys, judges, jurors and other officers of court are exempt from arrest on civil process while attending in court, and while going to and from the same. In most states voters, while going to and from the polls, are privileged from civil arrest. In some states women are privileged from civil arrest.

§ 297. Remedy for arrest of privileged persons. -The privilege from arrest may always be waived by the privileged person. It follows, that the arrest. is not wrongful until the person claims his privilege and applies for his discharge. This he may procure by application to the court issuing the process or by writ of habeas corpus. In some cases where the privilege is for the benefit of other persons, as in case of witnesses, any one interested may secure the discharge, or the court may act on its own motion.

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