detainer
n . 挽留者,非法留置,继续监禁令
挽留者,非法留置,继续监禁令
Detainer \
De *
tain "
er \ (-[~
e ]
r ),
n .
1 .
One who detains .
[
1913 Webster ]
2 . (
Law )
(
a )
The keeping possession of what belongs to another ;
detention of what is another '
s ,
even though the original taking may have been lawful .
Forcible detainer is indictable at common law .
(
b )
A writ authorizing the keeper of a prison to continue to keep a person in custody .
[
1913 Webster ]
DETAINER .
1 .
The act of keeping a person against his will ,
or of keeping goods or property .
All illegal detainers of the person amount to false imprisonment ,
and may be remedied by habeas corpus .
2 .-
2 .
A detainer or detention of goods is either lawful or unlawful ;
when lawful ,
the party having possession of them cannot be deprived of it .
The detention may be unlawful ,
although the original taking was lawful ;
as when goods were distrained for rent ,
and the rent was afterwards paid ;
or when they '
Were pledged ,
and the money borrowed ,
and interest were afterwards paid ;
in these ,
and the like cases ,
the owner should make a demand , (
q .
v .)
and if the possessor refuse to restore them ,
trover ,
detinue ,
or replevin will lie ,
at the option of the plaintiff .
3 .-
3 .
There may also be a detainer of land and this is either lawful and peaceable ,
or unlawful and forcible .
1 .
The detainer is lawful where the entry has been lawful ,
and the estate is held by virtue of some right .
2 .
It is unlawful and forcible ,
where the entry has been unlawful ,
and with force ,
and it is retained ,
by force ,
against right ;
or even when the entry has been peaceable and lawful ,
if the detainer be by force ,
and against right ;
as ,
if a tenant at will should detain with force ,
after the will has determined ,
he will be guilty of a forcible detainer .
Hawk .
P .
C .
ch .
64 ,
s .
22 ;
2 Chit .
Pr .
288 ;
Com .
Dig ,
B .
2 ;
8 Cowen ,
216 ;
1 Hall ,
240 ;
4 John .
198 ;
4 Bibb ,
501 .
A forcible detainer is a distinct offence from a forcible entry .
8 Cowen ,
216 .
See Forcible entry and detainer .
4 .-
4 .
A writ or instrument ,
issued or made by a competent officer ,
authorizing the keeper of a prison to keep in his custody a person therein named .
A detainer may be lodged against .
one within the walls of a prison ,
on what account soever he is there .
Com .
Dig .
Process ,
E 3 b .
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