One may also without liability use force to resist an unlawful search. E.g., Commonwealth v. Martin, 105 Mass. 178; State v. Mann, 27 N.C. 45. Statutory sanctions in the main provide for the punishment of one maliciously procuring a search warrant or willfully exceeding his authority in exercising it.

The law is well settled, that if the Court issuing the process had a general jurisdiction to issue such process, and the want of jurisdiction in the particular case did not appear on the process, the Sheriff may justify under it. Phillips v. Biron, 1 Strange, 509; Parsons v. Loyd, 2 Wm. Bl., 846; S. v. Weed, 2 Heard Lead. Cr. Cas., 202 and notes; Welch v. Scott, 27 N.C. 72; S. v. McDonald, 14 N.C. 468; S. v. Mann, 27 N.C. 45; Haskins v. Young, 19 N.C. 527. 2. It is equally clear that the assistants, summoned by the Sheriff, can justify in like manner with him.