In civil cases in most of the states arrest for debt is abolished,
except in cases of fraud or wilful injury to persons or property by
constitutional provision or by statute. One arrested under process of a
federal court cannot be arrested under that of a state court for the
same cause. There is no provision in the United States constitution as
to imprisonment for debt, but congress has enacted (in Rev. Stat., s.
990) that all the provisions of the law of any state applicable to such
imprisonment shall apply to the process of federal courts in that state.
A woman can be arrested in New York for wilful injury to person,
character or property, and in certain other cases (Code, s. 553). The
president, federal officials, governors of states, members of congress
and of state legislatures (during the session), marines, soldiers and
sailors on duty, voters while going to and from the polls, judges, court
officials (1904, 100 N.W. 591), coroners and jurors while attending upon
their public duties, lawyers, parties and witnesses while going to,
attending or returning from court, and generally married women without
separate property, are exempt from arrest.
In criminal cases a bench-warrant in New York may be served in any
county without being backed by a magistrate (Code Crim. Proc., s. 304).
In Nebraska one found violating the law may be arrested and detained
until a legal warrant can be issued (Crim. Code, s. 283). A bail may
lawfully recapture his principal (1905) 121 Georgia Rep. 594. Foreign
ambassadors and ministers and their servants are exempt from arrest.
Exemption from arrest is a privilege, not of the court, as in England,
but of the person, and can be waived (_Petrie_ v. _Fitzgerald_, 1 Daly
401).
Public-domain text, read in full here on John Shaqi.
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