Arrest

Arrest, a term applied to persons, to things, and to judgments. To arrest a person is to restrain him of his liberty by some lawful authority. Arrest is usually made by actual seizure of the defendant's person, but any touching, however slight, of the person is sufficient for this purpose. And arrest is not confined to corporal seizure; where the officer entered the room in which the defendant was, and locked the door, telling him at the same time that he arrested him, the court held this to be a good arrest, And if the officer say, "I arrest you," and the party acquiesce, or afterwards go with him. this is a good arrest. It seems that in order to constitute a valid arrest the warrant should be produced, or the party arrested made aware of it. Arrest in civil proceedings is now rare; the principal instances are when a person is arrested for contempt of court (Attachment), when the defendant in an action is suspected of intending to leave the country before judgment (Debtors Act); and in certain oases where a person has made default in the payment of a sum of money recovered or ordered to be paid by a court or judge, in penal actions, in summary proceedings before justices of the peace, and where the debtor has means to pay but refuses to do so. In criminal procedure arrest is generally made under a writ of capias, or venire facial, or a warrant. Arrest without warrant is only allowed in certain cases, as where a person is either seen committing an offence or is apparently about to commit some offence. In Admiralty actions a ship or cargo is arrested when the marshal has served the writ of summons in an action in rem. Under "Magna Charta" and the "Habeas Corpus Act," the liberty of the subject is secured from unlawful arrest.