warrant

verb

In contracts, to engage or promise that a certain fact or state of facts, in relation to the subjectmatter, is, or shall be, as it is represented to be.

In conveyancing, to assure the title to property sold, by an express covenant to that effect in the deed of conveyance. To stipulate by an express covenant that the title of a grantee shall be good, and his possession undisturbed.

See also warranty

noun

An order by which the drawer authorizes one person to pay a particular sum of money. An authority issued to a collector of taxes, empowering him to collect the taxes extended on the assessment roll, and to make distress and sale of goods or land in default of payment. A command of a council, board, or official whose duty it is to pass upon the validity and determine the amount of a claim against the municipality, to the treasurer to pay money out of any funds in the municipal treasury, which are or may become available for the purpose specified, to a designated person whose claim therefor has been duly adjusted and allowed. Roe v. Roosevelt Water Conservation Dist, 41 Ariz. 197, 16 P.2d 967, 970; State ex rel. Toomey v. State Board of Examiners, 74 Mont. 1, 238 P. 316, 328.

See also land warrant

- possessory warrant

- probable cause

- search warrant

- share-warrant to bearer.

@ arrest warrant

also warrant of arrest

A written order of the court which is made on behalf of the state, or United States, and is based upon a complaint issued pursuant to statute and/or court rule and which commands law enforcement officer to arrest a person and bring him before magistrate. Pillsbury v. State, 31 Wis.2d 87, 142 N.W.2d 187, 190.

See Fed.R.Crim.P. 4 and 9.

@ warrant of arrest

also arrest warrant

A written order of the court which is made on behalf of the state, or United States, and is based upon a complaint issued pursuant to statute and/or court rule and which commands law enforcement officer to arrest a person and bring him before magistrate. Pillsbury v. State, 31 Wis.2d 87, 142 N.W.2d 187, 190.

See Fed.R.Crim.P. 4 and 9.

@

Form.

The warrant shall be signed by the magistrate and shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before the nearest available magistrate. Fed.R.Crim.P. 4(c).

Issuance.

If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue. Fed.R.Crim.P. 4(a).

See also arrest

- probable cause

- search warrant

- warrantless arrest.

- bench warrant (bench)

@ death warrant

A warrant issued generally by the chief executive authority of a state, directed to the sheriff or other proper local officer or the warden of a jail, commanding him at a certain time to proceed to carry into execution a sentence of death imposed by the court upon a convicted criminal.

+ death warrant

A warrant from the proper executive authority appointing the time and place for the execution of the sentence of death upon a convict judicially condemned to suffer that penalty.

@

- distress warrant (distress).

@ general warrant

A search or arrest warrant that is not particular as to the person to be arrested or the property to be seized. A process which formerly issued from the state secretary's office in England to take up (without naming any persons) the author, printer, and publisher of such obscene and seditious libels as were specified in it. It was declared illegal and void for uncertainty by a vote of the House of Commons on the 22nd April, 1766.

@ interest warrant

Order drawn by a corporation on its bank directing the bank to pay a bondholder who is entitled to interest.

@

- landlord's warrant (landlord).

- land warrant.

@ outstanding warrant

An order for arrest of a person which has not yet been executed.

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- search warrant.

@ stock warrants

Certificates entitling the owner to buy a specified amount of stock at a specified time(s) for a specified price. Such differ from stock options only in that options are generally granted to employees and warrants are sold to the public. Warrants are typically long period options, are freely transferable, and if the underlying shares are listed on a securities exchange, are also publicly traded.

See also stock (stock rights)

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- warrant creditor (creditor)

@ warrant of attorney

An instrument in writing, addressed to one or more attorneys therein named, authorizing them, generally, to appear in any court, or in some specified court, on behalf of the person giving it, and to confess judgment in favor of some particular person therein named, in an action of debt. It usually contains a stipulation not to bring any action, or any writ of error, or file a bill in equity, so as to delay him; such writing usually being given as security for obligation on which judgment was authorized, and in such procedure service of process is not essential.

See judgment (confession of judgment)

@ warrant of commitment

A written authority committing a person to custody

@ warrant officers

In the United States army, navy, coast and geodetic survey, coast guard, marine corps and air force, these are a class of inferior officers who hold their rank by virtue of a written warrant instead of a commission

@ warrant of merchantability

See also warranty

@ warrant to sue and defend

In old English practice, a special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. 3 Bl. Comm. 25. A special authority given by a party to his attorney, to commence a suit, or to appear and defend a suit, in his behalf. These warrants are now disused, though formal entries of them upon the record were long retained in practice

@ warrant upon indictment or information

See Fed.R. Crim.P. 9.

See also indictment

- information

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