See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

ARREST (Fr. arrester, arreeter, to stop or stay)  , the See also:

• RESTRAINT (from " to restrain," Lat. restringere, to hold back, prevent)

restraint of a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man's See also:

• PERSON, OFFENCES AGAINST THE

person, for the purpose of compelling him to be obedient to the See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law . It is defined to be the See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of the command of some See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court of See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record or officer of See also:

• JUSTICE (Lat. justitia)

justice . Arrests in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England are either in See also:

• CIVIL

civil or in criminal cases . I . In Civil Cases.—The See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest must be by virtue of a See also:

• PRECEPT (Lat. praeceptum, a rule, from praecipere, literally to take beforehand, to give rules, instructions or orders)

precept or See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order out of some court, and must be effected by See also:

• CORPORAL

corporal seizing or touching the See also:

• DEFENDANT

defendant's See also:

• BODY

body, or as directed by the See also:

• WRIT (O. Eng. gewrit, writ, from writan, to write)

writ, capias et attachias, take and catch hold of . And if the defendant make his See also:

• ESCAPE (in mid. Eng. eschape or escape, from the O. Fr. eschapper, modern echapper, and escaper, low Lat. escapium, from ex, out of, and cappa, cape, cloak; cf. for the sense development the Gr. iichueoOat, literally to put off one's clothes, hence to sli

escape it is a rescous, or See also:

• RESCUE (in Middle Eng. rescous, from O. Fr. recousse, Low Lat. rescussa, from reexcussa,reexcutere, to shake off again, re, again, ex, off, quatere, to shake)

rescue, and See also:

• ATTACHMENT

attachment may be had against him, and the See also:

• BAILIFF

bailiff may then justify the breaking open of the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house in which he is, to carry him away . Arrests on See also:

• MESNE (an Anglo-French legal form of the O. Fr. meien, mod. moyen, mean, Med. Lat. medianus, in the middle, cf. " mean ")

mesne See also:

• PROCESS

process (see PROCESS), before See also:

• JUDGMENT

judgment obtained, were abolished by the Debtors See also:

• ACT (Lat. actus, actum)

Act 1869, s . 6; an exception, however, is made in cases in which the See also:

• PLAINTIFF

plaintiff proves, at any See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time before final judgment, by See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence on See also:

• OATH (0. Eng. ddh)

oath to the See also:

• SATISFACTION (Lat. salisfacerc, to satisfy)

satisfaction of a See also:

• JUDGE (Lat. judex, Fr. juge)

judge of one of the See also:

• SUPERIOR

superior courts, that he has a See also:

• GOOD, JOHN MASON (1764-1827)

good cause of See also:

• ACTION

action to the amount of £50, that the defendant is about to quit the See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country, and that his See also:

• ABSENCE (Lat. absentia)

absence will materially See also:

• PREJUDICE (Lat. praejudicium)

prejudice the plaintiff in prosecuting his action . In such cases an order for arrest may be obtained till See also:

• SECURITY (Lat. securus, free from care, safe)

security to the amount of the claim be found . Formerly a judgment creditor might arrest his debtor under a writ of capias ad satisfaciendum, but since 1869 imprisonment for See also:

• DEBT (Lat. debitum, a thing owed)

debt has been abolished in England, except in certain cases, and in these the See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period of detention must not exceed one See also:

• YEAR

year . The following persons are privileged from arrest, viz., 1st, members of the royal See also:

• FAMILY

family and the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary servants of the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king or See also:

• QUEEN
• QUEEN (O.E. cwen, wife, related to "quean," O.E. cwene, a hussy; cf. Gr. yvvi7: from root gan-, to produce; cf. genus, " kin," &c.)

queen regnant, chaplains, lords of the bedchamber, &c . This See also:

• PRIVILEGE

privilege does not extend to servants of a See also:

• CONSORT (Lat. consors, a companion)

consort queen or See also:

• DOWAGER (from the Old Fr. douagiere, mod. douairiere)

dowager .

2nd, peers of the See also:

• REALM

realm, peeresses by See also:

• BIRTH (a word common in various forms to Teutonic languages from the root of the verb " to bear ")

birth, creation or See also:

• MARRIAGE

marriage, Scottish and Irish peers and peeresses . 3rd, members of the House of See also:

• COMMONS

Commons during the session of See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament, and for a convenient time (See also:

• FORTY

forty days) before and after it . Members of See also:

• CONVOCATION
• CONVOCATION (Lat. convocatio, a calling together)

Convocation appear to have the same privilege . 4th, See also:

• FOREIGN

foreign ambassadors and their " domestics and domestic servants." Temporary privilege from arrest in civil process is enjoyed by barristers travelling on See also:

• CIRCUIT (Lat. circuitus, from circum, round, and ire, to go)

circuit, by parties, witnesses or attorneys connected with a cause, and by clergymen whilst performing divine service . The arrest of any privileged person is irregular ab initio, and the party may be discharged on See also:

• MOTION (Lat. motio, from movere, to move)
• MOTION, LAWS OF

motion . The only exception is as to indictable crimes, such as See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony and See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of the See also:

• PEACE
• PEACE, BREACH OF THE

peace . There are no longer any places where persons are privileged from arrest, such as the See also:

• MINT
• MINT (Lat. moneta; Mid. Eng. mynt)

Mint, See also:

• SAVOY, HOUSE
• SAVOY, HOUSE OF

Savoy, Whitefriars, &c., on the ground of their being See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient palaces . Except in cases of treason, felony or breach of the peace, an arrest cannot be made on a See also:

• SUNDAY

Sunday, and if made it is void (Sunday Observance Act 1677); but it may be made in the See also:

• NIGHT

night as well as in the See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day . II . In Criminal Cases.—All persons whatsoever are, without distinction, equally liable to this arrest, and any man may arrest without See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant or precept, and See also:

• OUTER

outer doors may be broken open for that purpose . The arrest may be made,—1st, by warrant; 2nd, by an officer without warrant; 3rd, by a private person without warrant; or, 4th, by a See also:

• HUE

hue and cry . 1 .

Warrants are ordinarily granted by justices of the peace on See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information or complaint in See also:

• WRITING
• WRITING (the verbal noun of " to write," O. Eng. writan, to inscribe)

writing and upon oath, and they must be indorsed when it is intended they should be executed in another See also:

• COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county by a See also:

• MAGISTRATE (Lat. magistratus, from magister, master, properly a public office, hence the person holding such an office)

magistrate of that county (see Indictable Offences Act 1848) . A warrant issued by a See also:

• METROPOLITAN (Lat. metropolitanus, Gr. µnrpoiroXtrns)

metropolitan See also:

• POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police magistrate can be executed anywhere by a metropolitan police officer . Warrants are also granted in cases of treason or other offence affecting the See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government by the privy See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council, or one of the secretaries of See also:

• STATE
• STATE, GREAT OFFICERS OF

state, and also by the See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief or other justice of the court of king's See also:

• BENCH (an O.E. and Eng. form of a word common to Teutonic languages, cf. Ger. Bank, Dan. baenk and the Eng. doublet " bank ")

bench (bench-warrant) in cases of felony, See also:

• MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour or See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment found, or criminal information granted in that court . Every warrant ought to specify the offence charged, the authority under which the arrest is to be made, the person who is to execute it and the person who is to be arrested . A warrant remains in force till executed or discharged by order of a court . An officer may break open doors in order to execute a warrant in cases of treason, felony or indictable offences, provided that, on demand, admittance cannot otherwise be obtained . (See WARRANT.) 2 . The See also:

• OFFICERS

officers who may arrest without warrant are, justices of the peace, for felony or breach of the peace committed in their presence; the See also:

• SHERIFF

sheriff and the See also:

• CORONER

coroner in their county, for felony; constables, for treason, felony or breach of the peace committed in their view,—and within the metropolitan police See also:

• DISTRICT

district they have even larger See also:

• POWERS, HIRAM (1805-1873)

powers (Metropolitan Police Acts 1829-1895) . 3 . A private person is See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to arrest for a felony committed in his presence, under See also:

• PENALTY (Lat. poena, punishment)

penalty of See also:

• FINE

fine and imprisonment . By the Prevention of Offences Act 1851, a private person is allowed to arrest any one whom he finds committing an indictable offence by night, and under the Malicious Damage Act 1861, any person committing an offence against that act may be arrested without warrant by the owner of the See also:

• PROPERTY

property damaged, or his servants, or persons authorized by him . So, too, by the Coinage Offences Act 1861. s .

31, any person may arrest any one whom he shall find committing any offence See also:

• RELATING

relating to the See also:

• COIN
• COIN (older forms of the word are coyne, quoin and coign, all derived through the O. Fr. coing, and cuigne from Lat. cuneus, a wedge)

coin, or other offence against that act . A person arrested without warrant must not be detained in private custody but must be taken with all convenient See also:

• SPEED, JOHN (1552–1629)

speed to a police station or justice and there charged (See also:

• SUMMARY

Summary See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

Jurisdiction Act 1899) . 4 . The arrest by hue and cry is where officers and private persons are concerned in pursuing felons, or such as have dangerously wounded others . By the Fugitive Offenders Act 1881, See also:

• PROVISION (Lat. provisio)

provision was made for the arrest in the See also:

• UNITED

United See also:

• KINGDOM

Kingdom of persons committing treason, and felony in any of the See also:

• BRITISH

British colonies and See also:

• VICE

vice versa; as to the arrest of fugitives in foreign countries see See also:

• EXTRADITION (Lat. cx, out, and traditio, handing over)

EXTRADITION . The remedy for a wrongful arrest is by an action for false imprisonment . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland the law of arrest in criminal See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure has a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general constitutional See also:

• ANALOGY (Gr. avaXo-yLa, proportion)

analogy with that of England, though the practice differs with the varying See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character of the judicatories . Colloquially the word arrest is used in compulsory procedure for the recovery of debt; but the technical See also:

• TERM

term applicable in that See also:

• DEPARTMENT (Fr. departement, from departir, to separate into parts)

department is See also:

• CAPTION (Lat. captio, a taking or catching)

caption, and the law on the subject is generic-ally different from that of England . There never was a practice in Scottish law corresponding with the See also:

• ENGLISH

English arrest in mesne process; but by old See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom a warrant for caption could be obtained where a creditor made oath that he had See also:

• REASON (Lat. ratio, through French raison)

reason to believe his debtor meditated See also:

• FLIGHT

flight from the country, and the writ so issued is called a warrant against a person in meditatione fugae . Imprisonment of old followed on ecclesiastical cursing, and by fiction of law in later times it was not the creditor's remedy, but the See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment of a refractory person denounced See also:

• REBEL, JOHANN PETER (176o-1826)

rebel for disobedience to the injunctions of the law requiring fulfilment of his See also:

• OBLIGATION

obligation . The See also:

• SYSTEM

system was reformed and stripped of its cumbrous See also:

• FICTIONS

fictions by an act of the year 1837 . Although the proceedings against the person could only follow on completed process, yet, by a peculiarity of the Scottish law, documents executed with certain formalities, and by See also:

• SPECIAL

special See also:

• STATUTE

statute bills and promissory notes, can be registered in the records of a court for execution against the person as if they were judgments of the court .

The general principles as to the law of arrest in most See also:

• EUROPEAN

European countries correspond more or less exactly to those prevailing in England . An arrest of a See also:

• SHIP

ship, which is the method of enforcing the See also:

• ADMIRALTY, HIGH COURT OF

admiralty process in rem, founded either on a maritime See also:

• LIEN

lien or on a claim against the ship, is dealt with under ADMIRALTY JURISDICTION . See also See also:

• ARTICLE (from Lat. articulus, a joint)

article ATTACHMENT . Arrest of Judgment is the assigning just reason why judgmentshould not pass, notwithstanding See also:

• VERDICT (O. Fr. verdit, Lat. vere dictum, truly said, used in Late Latin in one word with its present significance)

verdict given, either in civil or in criminal cases, and from See also:

• INTRINSIC (through Fr. intrinsique, from Lat. intrinsecus, inwardly; inter, within, secus, following, from root of sequi, to follow)

intrinsic causes arising on the See also:

• FACE (from Lat. fades, derived either from facere, to make, or from a root fa-, meaning " appear "; cf. Gr. cbatvstv)

face of the record . United States.—The law of arrest assimilates to that existing in England . Actual See also:

• MANUAL

manual touching is not necessary (See also:

• PIKE
• PIKE, ZEBULON MONTGOMERY (1779-1813)

Pike v . See also:

• HANSON, SIR RICHARD DAVIES (1805–1876)

Hanson, 9 N.H . 491; See also:

• HILL
• HILL (0. Eng. hyll; cf. Low Ger. hull, Mid. Dutch hul, allied to Lat. celsus, high, collis, hill, &c.)
• HILL, A
• HILL, AARON (1685-175o)
• HILL, AMBROSE POWELL
• HILL, DANIEL HARVEY (1821-1889)
• HILL, DAVID BENNETT (1843–1910)
• HILL, GEORGE BIRKBECK NORMAN (1835-1903)
• HILL, JAMES J
• HILL, JOHN (c. 1716-1775)
• HILL, MATTHEW DAVENPORT (1792-1872)
• HILL, OCTAVIA (1838– )
• HILL, ROWLAND (1744–1833)
• HILL, SIR ROWLAND (1795-1879)

Hill v . See also:

• TAYLOR
• TAYLOR, ANN (1782-1866)
• TAYLOR, BAYARD (1825–1878)
• TAYLOR, BROOK (1685–1731)
• TAYLOR, ISAAC (1787-1865)
• TAYLOR, ISAAC (1829-1901)
• TAYLOR, JEREMY (1613-1667)
• TAYLOR, JOHN (158o-1653)
• TAYLOR, JOHN (1704-1766)
• TAYLOR, JOSEPH (c. 1586-c. 1653)
• TAYLOR, MICHAEL ANGELO (1757–1834)
• TAYLOR, NATHANIEL WILLIAM (1786-1858)
• TAYLOR, PHILIP MEADOWS (1808–1876)
• TAYLOR, ROWLAND (d. 1555)
• TAYLOR, SIR HENRY (1800-1886)
• TAYLOR, THOMAS (1758-1835)
• TAYLOR, TOM (1817-1880)
• TAYLOR, WILLIAM (1765-1836)
• TAYLOR, ZACHARY (1784-1850)

Taylor, 50 Mich . 549); words of arrest by the officer, not protested against and no resistance offered, are sufficient (See also:

• EMERY (Ger. Smirgel)

Emery v . Chesley, 18 N.H . 198; Goodell v .

See also:

• TOWER (Lat. turris; Fr. tour, clocker; Ital. torre; Ger. Thurm)

Tower, 1904, 58 Am . See also:

• REP, REPP, or REPS

Rep . 790) . Words of arrest, staying over night at prisoner's house, going with him before the magistrate next day constitute arrest (Courtery v . Dozier, 20 Ga . 369) . Restraining a person in his own house is arrest . In civil cases in most of the states arrest for debt is abolished, except in cases of See also:

• FRAUD (Lat. fraus, deceit)

fraud or wilful injury to persons or property by constitutional provision or by statute . One arrested under process of a federal court cannot be arrested under that of a state court for the same cause . There is no provision in the United States constitution as to imprisonment for debt, but See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

congress has enacted (in Rev . Stat., s . 990) that all the provisions of the law of any state applicable to such imprisonment shall apply to the process of federal courts in that state .

A woman can be arrested in New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York for wilful injury to person, character or property, and in certain other cases (See also:

• CODE (Lat. codex)

Code, s . 553) . The See also:

• PRESIDENT (Fr. president, from Lat. praesidens, post-Augustan Lat. for praeses, director, ruler, from praesidere, to sit in front of, preside)

president, federal officials, See also:

• GOVERNORS

governors of states, members of congress and of state legislatures (during the session), See also:

• MARINES (from Lat. mare, sea)

marines, soldiers and sailors on See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty, voters while going to and from the polls, See also:

• JUDGES, THE BOOK OF

judges, court officials (1904, 100 N.W . 591), coroners and jurors while attending upon their public duties, lawyers, parties and witnesses while going to, attending or returning from court, and generally married See also:

• WOMEN

women without See also:

• SEPARATE

separate property, are exempt from arrest . In criminal cases a bench-warrant in New York may be served in any county without being backed by a magistrate (Code Crfm . Proc., s . 304) . In See also:

• NEBRASKA

Nebraska one found violating the law may be arrested and detained until a legal warrant can be issued (Crim . Code, s . 283) . A See also:

• BAIL

bail may lawfully recapture his See also:

• PRINCIPAL

principal (1905) 121 See also:

• GEORGIA

Georgia Rep . 594 .

Foreign ambassadors and ministers and their servants are exempt from arrest . Exemption from arrest is a privilege, not of the court, as in England, but of the person, and can be waived (See also:

• PETRIE, GEORGE (179o-1866)
• PETRIE, WILLIAM MATTHEW FLINDERS (1853– )

Petrie v . See also:

• FITZGERALD
• FITZGERALD, EDWARD (1809–1883)
• FITZGERALD, LORD E
• FITZGERALD, LORD EDWARD (1763-1798)
• FITZGERALD, LORD THOMAS (loth earl of Kildare), (1513-1537)
• FITZGERALD, RAYMOND, or REDMOND (d. ca. 1182)

Fitzgerald, r See also:

• DALY, AUGUSTIN (1838-1899)

Daly 401) .