ARREST. To stop; to seize; to deprive one of his liberty
by virtue of legal authority.
ARREST IN CIVIL CASES, practice. An arrest is the apprehension of a
person by virtue of a lawful authority, to answer the demand against him in a
2. To constitute an arrest, no actual force or manual touching of the body is
requisite; it is sufficient if the party be within the power of the officer, and
submit to the arrest. 2 N. H. Rep. 318; 8 Dana, 190; 3 Herring. 416; 1 Baldw.
239; Harper, 453; 8 Greenl. 127; 1 Wend. 215 2 Blackf. 294. Barewords, however,
will not make an arrest, without laying the person or otherwise confining him. 2
H. P. C. 129 1 Burn's Just. 148; 1 Salk. 79. It is necessarily an assault, but
not necessarily a battery. Cases Temp. Hardw. 300.
3. Arrests are made either on mesne or final process. An arrest on mesne
process is made in order that the defendant shall answer, after judgment, to
satisfy the claim of the plaintiff; on being arrested, the defendant is entitled
to be liberated on giving sufficient bail, which the officer is bound to take.
2. When the arrest is on final process, as a ca. sa., the defendant cannot
generally be dis charged on bail; and his discharge is considered as an escape.
Vide, generally, Yelv. 29, a, note; 3 Bl. Com. 288, n.; 1 Sup. to Ves. Jr. 374;
Wats. on Sher. 87; 11 East, 440; 18 E. C. L. R. 169, note.
4. In all governments there are persons who are privileged from arrest in
civil cases. In the United States this privilege continues generally while the
defendant remains invested with a particular character. Members of congress and
of the state legislatures are exempted while attending the respective assemblies
to which they belong parties and witnesses, while lawfully attending court;
electors, while attending a public election; ambassadors and other foreign
ministers; insolvent debtors, when they have been lawfully discharged; married
women, when sued upon their contracts, are generally privileged; and executors
and administrators, when sued in their representative characters, generally
enjoy the same privilege. The privilege in favor of members of congress, or of
the state legislatures, of electors, and of parties and witnesses in a cause,
extend to the time of going to, remaining at, and returning from, the places to
which they are thus legally called.
5. The code of civil practice of Louisiana enacts as follows, namely: Art.
210. The arrest is one of the means which the law gives the creditor to secure
the person of his debtor while the suit is pending, or to compel him to give
security for his appearance after judgment. Art. 211. Minors of both sexes,
whether emancipated or not, interdicted persons, and women, married or single,
cannot be arrested. Art. 212. Any creditor, whose debtor is about to leave the
state, even for a limited time, without leaving in it sufficient property to
satisfy the judgment which he expects to obtain in the suit he intends to bring
against him, may have the person of such debtor arrested and confined until he
shall give sufficient security that be shall not depart from the state without
the leave of the court. Art. 213. Such arrest may be ordered in all demands
brought for a debt, whether liquidated or not, when the term of payment has
expired, and even for damages for any injury sustained by the plaintiff in
either his person or property. Art. 214. Previous to obtaining an order of
arrest against his debtor, to compel him to give sufficient security that be
shall not depart from the state, the creditor must swear in the petition which
he presents to that effect to any competent judge, that the debt, or the damages
which he claims, and the amount of which he specifies, is really due to him, and
that he verily believes that, the defendant is about to remove from the state,
without leaving in it and lastly, that he does not take this oath with the
intention of vexing the defendant, but only in order to secure his demand. Art.
215. The oath prescribed in the preceding article, ulay be taken either by the
creditor himself, or in his absence, by his attorney in fact or his agent,
provided either the one or the other can swear to the debt from his personal and
direct knowledge of its being due, and not by what he may know or have learned
from the creditor he represent. Art. 216. The oath which the creditor is
required to take of the existence and nature of the debt of which he claims
payment, in the cases provided in the two preceding articles, may be taken
either before any judge or justice of the peace of the place where the court is
held, before which he sues, or before the judge of any other place, provided the
signature of such judge be proved or duly authenticated. Vide Auter action
pendant; Lis pendens: Privilege; Rights.
ARREST, in criminal cases. The apprehending or detaining of the
person, in order to be forthcoming to answer an alleged or suspected crime. The
word arrest is more properly used in civil cases, and apprehension in criminal.
A man is arrested under a capias ad respondendum, apprehended under a warrant
charging him with a larceny.
2. It will be convenient to consider, 1, who may be arrested; 2, for what
crimes; 3, at what time; 4, in what places; 5, by whom and by what
3. – 1. Who may be arrested. Generally all persons properly accused of a
crime or misdeameanor, may be arrested; by the laws of the United States,
ambassadors (q. v.) and other public ministers are exempt from arrest.
4. – 2. For what offences an arrest may be made. It may be made for treason,
felony, breach of the peace, or other misdemeanor.
5. – 3. At what time. An arrest may be made in the night as well as in the
day time and for treasons, felonies, and breaches of the peace, on Sunday as
well as on other days. It may be made before as well as after indictment found.
Wallace's R. 23.
6. – 4. At what places. No place affords protection to offenders against the
criminal law; a man may therefore be arrested in his own house, (q. v.) which
may be broken into for the purpose of making the arrest.
7. – 5. Who may arrest and by what authority. An offender may be arrested
either without a warrant or with a warrant. First, an arrest may be made without
a warrant by a private individual or by a peace officer. Private individuals are
enjoined by law to arrest an offender when present at the time a felony is
committed, or a dangerous wound given – 11 Johns. R. 486 and vide Hawk. B. 1, c,
12, s. 1; c. 13, F3. 7, 8; 4 Bl. Com. 292; 1 Hale, 587; Com. Dig. Imprisonment,
H 4; Bac. Ab. Trespass, D.
3. Peace officers may, a fortiori, make an arrest for a crime or misdemeanor
committed in their view, without any warrant. 8 Serg. & R. 47. An arrest may
therefore be made by a constable, (q. v.) a justice of the peace, (q. v.)
slieriff, (q. v.) or coroner. (q. v.) Secondly, an arrest may be made by virtue
of a warrant, (q. v.) which is the proper course when the circumstances of the
case will permit it. Vide, generally, 1 Chit. Cr. Law, 11 to 71; Russ. on Cr.
Index, h. t.
ARREST OP JUDGMENT. The act of a court by which the judges refuse to
give judgment, because upon the face of the record, it appears that the
plaintiff is not entitled to it. See Judgment, arrest of.
ARRESTANDIS bonis ne dissipentur. In the English law, a writ for him
whose cattle or goods, being taken during a controversy, are likely, to be
wasted and consumed.
ARRESTEE, law of Scotland. He in whose hands a debt, or property in
his possession, has been arrested by a regular arrestment. If, in contempt of
the arrestment, he shall make payment of the sum, or deliver the goods arrested
to the common debtor, he is not only liable criminally for breach of the
arrestment, but he must pay the debt again to the arrester. Ersk. Pr. L. Scot.
3, 6, 6.
ARRESTER, law of Scotland. One who sues out and obtains an arrestment
of his debtor's goods or movable obligations. Ersk. Pr. L. Soot. 3, 6, 1.
ARRESTMENT, Scotch law. By this term is sometimes meant the securing
of a criminal's person till trial, or that of a debtor till he give security
judicio sisti. Ersk. Pr. L. Scot. 1, 2, 12. It is also the order of a judge, by
which he who isdebtor in a movable obligation to the arrester's debtor, is
probibited to make payment or delivery till the debt due to the arrester be paid
or secured. Ersk. Pr. L. Scot. 3, 6, 1. See Attachment, foreign. where
arrestment proceeds on a depending action, it may be loosed by the common
debtor's giving security to the arrester for his debt, in the event it shall be
found due. Id. 3, 6, 7.
ARRET, French law. An arret is a judgment, sentence, or decree of, a
court of competent jurisdiction. Saisie-arret is an attachment of property in
the hands of a third person. Code of Pract. of Lo. art. 209.
ARRETTED, arrectatus, i. e. ad rectum vocatus. Convened before a judge
and charged with a crime. Ad rectum malefactorem, is, according to Bracton, to
have a malefactor forthcoming to be put on his trial. Sometimes it is used for
imputed or laid to his charge; as, no folly may be arretted to any one under
age. Bract. 1. 3, tr. 2, c. 10; Cunn. Dict. h. t.
ARRHAE, contracts, in the civil law. Money or other valuable things
given by the buyer to the seller, for the purpose of evidencing the contract
2. There are two kinds of arrhae; one kind given when a contract has only
been proposed; the other when a sale has actually taken place. Those which are
given when a bargain has been merely proposed, before it has been concluded,
form the matter of the contract, by which he who gives the arrhae consents and
agrees to lose them, and to transfer the title to them in the opposite party, in
case he should refuse to complete the proposed bargain; and the receiver of
arrhae is obliged on his part to return double the amount to the giver of them
in case be should fail to complete his part of the contract. Poth. Contr. de
Vente, n. 498. After the contract of sale has been completed, the purchaser
usually gives arrbae as evidence that the contract has been perfected. Arrbae
are therefore defined quod ante pretium datur, et fidem fecit contractus, facti
totiusque pecuniae solvendae. Id. n. 506; Code, 4, 45, 2.
TO ARRIVE. To come to a particular place; to reach a particular or
certain place as, the ship United States arrived in New York. See 1 Marsh. Dec.
ARROGATION, civil law. Signifies nearly the same as adoption; the only
difference between them is this, that adoption was of a person under full age
but as arrogation required the person arrogated, sui juris, no one could be
arrogated till he was of full age. Dig. 1, 7, 5; Inst. 1, 11, 3 1 Brown's Civ.
ARSER IN LE MAIN. Burning in the hand. This punishment was inflicted
on those who received the benefit of clergy. Terms de la Ley.
ARSON, criminal law. At common law an offence of the degree of felony;
and is defined by Lord Coke to be the malicious and voluntary burning of the
house of another, by night or day. 3 Inst. 66.
2. In order to make this crime complete, there must be, 1st, a burning of the
house, or some part of it; it is sufficient if any part be consumed, however
small it may be. 9 C. & P. 45; 38 E. C. L. R. 29; 16 Mass. 105. 2d. The
house burnt must; belong to another; but if a man set fire to his own house with
a view to burn his neighbor's, and does so, it is at least a great misdemeanor,
if not a felony. 1 Hale, P. C. 568; 2 East, P. C. 1027; 2 Russ. 487. 3d. The
burning must have been both malicious and willful.
3. The offence of arson at common law, does not extend further than the
burning of the house of another. By statute this crime is greatly enlarged in
some of the states, as in Pennsylvania, where it is extended to the burning of
any barn or outhouse having bay or grain therein; any barrack, rick or stack of
hay, grain, or bark; any public buildings, church or meeting-house, college,
school or library. Act 23d April, 1829; 2 Russell on Crimes, 486; 1 Hawk. P. C.
c. 39 4 Bl. Com. 220; 2 East, P. C. c. 21, s. 1, p. 1015; 16 John. R. 203; 16
Mass. 105. As to the extension of the offence by the laws of the United States,
see Stat. 1825, c. 276, 3 Story's L. U. S. 1999.
ARSURA. The trial of money by fire after it was coined. This word is
ART. The power of doing. something not taught by nature or instinct.
Johnson. Eunomus defines art to be a collection of certain rules for doing
anything in a set form. Dial. 2, p. 74. The Dictionaire des Sciences Medicales,
h. v., defines it in nearly the same terms.
2. The arts are divided into mechanical and liberal arts. The mechanical arts
are those which require more bodily than mental labor; they are usually called
trades, and those who pursue them are called artisans or mecbanics. The liberal
are those which have for the sole or principal object, works of the mind, and
those who are engaged in them are called artists. Pard. Dr. Com. n. 35.
3. The act of Congress of July 4, 1836, s. 6, in describing the subjects of
patents, uses the term art. The sense of this word in its usual acceptation is
perhaps too comprehensive. The thing to be patented is not a mere elementary,
principle, or intellectual discovery, but a principle put in practice, and
applied to some art, machine, manufacture, or composition of matter. 4 Mason,
4. Copper-plate printing on the back of a bank note, is an art for which a
patent may be granted. 4 Wash. C. C. R. 9.
ART AND PART, Scotch law. Where one is accessory to a crime committed
by another; a person may be guilty, art and part, either by giving advice or
counsel to commit the crime; or, 2, by giving warrant or mandate to commit it;
or, 3, by actually assisting the criminal in the execution.
2. In the more atrocious crimes, it seems agreed, that the adviser is equally
punishable with the criminal and that in the slighter offences, the
circumstances arising from the adviser's lesser age, the jocular or careless
manner of giving the advice, &c., may be received as pleas for softening the
3. One who gives a mandate to commit a crime, as he is the first spring of
the action, seems more guilty than the person20employed as the instrument in
4. Assistance may be given to the committer of a crime, not only in the
actual execution, but previous to it, by furnishing him, with a criminal intent,
with poison, arms, or other means of perpetrating it. That sort of assistance
which is not given till after the criminal act, and which is commonly called
abetting, though it be itself criminal, does not infer art and part of the
principal crime. Ersk. Pr. L; Scot. 4, 4, 4 ; Mack. Cr. Treat. tit. Art and