Arrest

a term applied to persons, to things, to judgments. To arrest a person is to restrain of his liberty by some lawful authority. Arrest usually made by actual seizure of the defendant's but any touching, however slight, of the is sufficient for this purpose. And arrest is conhned to corporal seizure;"where the officer ) | entered | locked he arrest. the this constitute duced, Arrest cipal contempt defendant leave and default or actions, the but is Jatias, only either about actions marshal action ‘‘ secured tion the tainty rected time court well however, the might of ring the moving was for under judge hibiting ables creditor on payment In which debtor due Ist, ure a 2nd, decree a ing Arrestment. the room in which the defendant was, and. the door, telling him at the same time that arrested him, the court held this to be a good And if the officer say, “1 arrest you,” and party acquiesce, or afterwards go with him, is a good arrest. It seems that in order to a valid arrest the warrant should be pro or the party arrested made aware of it. in civil proceedings is now rare; the prininstances are when a person is arrested for of court (ATTACHMENT), when the in an action is suspected of intending to the country before judgment (Debtors Act); in certain cases where a person has made in the payment of a sum of money recovered ordered to be paid by a court or judge, in penal in summary proceedings before justices of peace, and where the debtor has means to pay refuses to do so. In criminal procedure arrest generally made under a writ of capias, or renire or a warrant. Arrest without warrant is allowed in certain cases, as where a person is seen committing an offence or is apparently to commit some offence. In Admiralty a ship or cargo is arrested when the has served the writ of summons in an inrem. Under “Magna Charta” and the Habeas Corpus Act,” the liberty of the subject is from unlawful arrest. Arrest of Judgment. Ona criminal pros ecu when there is some objection on the face of record (é.g. a material mis-statement or uncerin the indictment not aided, that is, not corby the verdict) the defendant may at any between conviction and sentence move the in arrest of judgment, and if the objection is founded, judgment of acquittal is given, which, is no bar to a fresh indictment. Under old common law practice, where a defendant have taken, but did not take, some objection substance to the plaintiffs pleading by demur to it, and a verdict was found for the plaintiff, defendant might then take the objection by in arrest of judgment, and if the objection well founded, judgment would not be entered the plaintiff. As a judgment on a verdict is, the new practice, only entered by order of the or court, this procedure is now inapplicable. Arrestment, ‘‘a proce of attachment proa person in whose hands a debtor's movare to pay or deliver up the same till a who has procured an arrestment to be laid is satisfied, either by caution, z.e. security or according to the grounds of arrestment.” Scottish law the term denotes that proce by a creditor detains the goods or effects of his in the hands of third parties till the debt to him is paid. It is divided into two kinds:— arrestment in security, used when proceedings commencing, or in other circumstances where claim may become, but is not yet, enforceable; arrestment in execution, following on the of a court, or on a registered document under clause or statutory power of registration, accord to the custom of Scotland. By the proce of 229 ( 207 arrestment the property covered by it is merely retained in its place; to realise it for the satisfaction of the creditor's claim a further proceeding, called “ Forthcoming,” is nece ary. By old practice alimentary funds, or those nece ary for subsistence, were not liable to arrestment. In 1870 the wages of all labourers, farm-servants, manufacturers, artificers, and workpeople are not arrestable except (1) in so far as they exceed 20s. per week; but the expense of the arrestment is not ‘to be charged against the debtor unle the sum recovered exceed the amount of 20s,; or, (2) under decrees for alimentary allowances and payments, as for rates and taxes imposed by law. It is also a proce in Scotch law for bringing a foreigner or other debtor living abroad and not within the jurisdiction of the Scottish Courts, amenable to such jurisdiction to the extent of making any movable property he may po e in Scotland answerable for the claim. ‘The analogous practice in England is the custom of foreign attachment in the Mayor's Court in the City of London.