ARREST

In Law, in execution of the commanct of some court of record or ofiicer of justice, may take place either in criminal or civil cases. 1. For treason, felony, or breach of the peace, any person may arrest without warrant or precept. Arrests by public officers may be made either with or without proce . Any constable, or even private person, who has a warrant directed to him from a justice of the peace to that effect, may arrest for felony or misdemeanor; and, if the warrant was given without sufficient ground, the justice is responsible. Every warrant should be under the hand and seal of a justice of peace, and specify the day on which it was made out: it seems to be rather discretionary than nece ary, although it is usual to specify the cause of arrest in the warrant. 2. Arrest in a civil cause is by proce , in execution of the command of some court or officer of justice. On affidavit of a cause of action to the amount of 20/. (such cause of action importing a contract or liability, expre or implied, and a breach of such contract, and a present debt overdue, unle in some rare cases, in which special orders to hold to bail are given for the causes of action), the plaintiff" obtains a writ of capias, which is the proper proce for the arrest of one or more defendants who are at large. When a defendant is already in custody in one of the prisons of the superior courts, a writ of detainer to continue such imprisonment at the suit of the new plaintiff is the proper proceeding. The form and effect of the writ of capias (see Capias), on which arrest on mesne proce takes place, are now ' regulated by the Uniformity of Proce Act, 2 W. 4. c. 39. The sum specified in the affidavit, the sum bon4 fide claimed for debt and costs, and various other particularities, must be indorsed on the capias. A writ of capias may, like a writ of summons, be merely served on the defendant; but when it is intended to arrest, a sheriff"s warrant is obtained, on which the defendant is arrested, and a copy of the writ then delivered to him. Arrest must be made within the county, and at any time within four months after the date of the capias, except Sun days, Christmas-day, and Good Friday. If the writ or warrant is so defective as to be absolutely void, the party arrested might legally resist; but if the proce were only irregular, such resistance would be an indictable offence. On arrest, the defendant and two sureties usually execute what is termed a bail-bond, conditioned for causing special bail to be put in. (See Bail.) But instead of giving bail, he may put into court the sum indorsed on the writ, together with a further sum for costs. Arrest on a writ of execution (see Capias ad Satisfaciendum) is an absolute and perfect execution of the highest nature against the defendant, under which the debtor is imprisoned until satisfaction is made, unle discharged under the Insolvent Act. [s. 103]