arrest, arest, areste

[In Sw., Dan., Dut., Ger., O. Fr., & Prov. arrest; Mod. Fr. arrêt; Sp., Port., & Ital. arresto; Low Lat. arrestum, arrest a.] [ARREST, v.] A. Ordinary Language: The act of arresting; the state of being arrested; seizure, detention. The American Dictionary and Cyclopedia 312 Specially : *1. Stoppage, delay, hindrance. "And in he goith, withouten more arest, Thar as he saw inost perell and most dred." Lance lot of the Lake (ed. Skeat), bk. iii., 3,072-8 2. The seizure of a person charged with some crime, or that of his goods [B., 1.]; de tention, custody. "And dwelleth eek in prisoun and arreste." Chaucer: C. T. , 1,312 To make arrest upon or of : To arrest, to seize. "Was lik an hound, and wold have maad arrest Upon my body, and wold han had me deed." Chaucer: C. T., 16,386-7. Under arrest: Into or in the state of one who has been and remains arrested, seized, kept in custody, or at least under restraint. (Generally preceded by the verb to put or to place .) "William refused to see him, and ordered him to be put under arrest. -Macaulay: Hist. Eng . , chap. x. "The governor was placed under arrest."-Ibid., chap. ix. See also examples given under ARRET, S. B. Technically : I. Law: 1. Of persons: The seizure of a suspected criminal or delinquent that security may be taken for his appearance at the proper time before a court to answer to a charge. Ordinarily a person can be arrested only by a warrant from a justice of the peace; but there are exceptional cases in which he can be apprehended by an officer without a warrant, by a private person also without a warrant, or by what is technically called a hue and cry. An arrest is made by touching the body of the person accused, and after this is done a bailiff may break open the house in which he is to take him; but without so touching him first it is illegal to do so. The object of arrest being to make sure that he answers to a charge about to be brought against him, it does not follow that after being seized he is incarcerated; if bail for his appearance at the proper time be given, and the case be not too aggravated a one for such security to be accepted, he will be released till the day of trial. The privilege of exemption from arrest is granted to peers of the realm, members of Parliament, and corporations, clerks, attorneys, and others attending the courts of justice, clergymen whilst actually engaged in performing divine service, and some other cla es. No arrest can take place on Sunday, except for treason, felony, or breach of the peace. In the United States the law of arrest differs in certain respects from that in England, though the same general principles underlie both. [ARRESTMENT.] 2. Of things. Arrest of judgment: The act or proce of preventing a judgment or verdict from being carried out till it shall be ascertained whether it is faulty or legally correct. Judgment may be arrested (1) when the declaration made varies from the original writ, (2) where the verdict materially differs from the pleadings and i ue thereon, and (3) where the case laid in the declaration is not sufficient in law to admit of an action being founded upon it. ( Black stone : Comment., bk. iii., ch. 24.) Formerly the omi ion to state certain facts led to an arrest of judgment; but now, under the New Com in on Law Procedure Act, 15 and 16 Vict., c. 76, § 143, the omitted facts may, by leave of the court, be suggested. IL Biology : Arrests of development. [See ARRESTED.] "... they are due chiefly to arrests of development." -Owen Cla ific . of the Mammal i a , p. 99. III. Veterinary Science: A mangy humour between the ham and pastern of the hinder legs of a horse. (Johnson.)