Legal Term Dictionary

In criminal practice. The stopping, seizing, or apprehending a person by lawful authority; the act of laying hands upon a person for the purpose of taking his body into custody of the law; the restraining of the liberty of a man's person in order to compel obedience to the order More...

In criminal practice. The stopping, seizing, or apprehending a person by lawful authority; the act of laying hands upon a person for the purpose of taking his body into custody of the law; the restraining of the liberty of a man's person in order to compel obedience to the order of a court of justice, or to prevent the commission of a crime, or to insure that a person charged or suspected of a crime may be forthcoming to answer it. French v. Bancroft, 1 Mete (Mass.) 502; Emery v. Chesley, 18 N. II. 201; U. S. v. Benner, 24 Fed. Cas. 1084; Rhodes v. Walsh, 55 Minn. 542, 57 N. W. 212, 23 L. R. A. 632; Ex parte Sherwood, 29 Tex. App. 334, 15 S. W. 812. Arrest is well described in the old books as "the beginning of imprisonment, when a man is first taken and restrained of his liberty, by power of a lawful warrant." 2 Shep. Abr. 299; Wood, Inst. Com. Law, 575. In civil practice. The apprehension of a person by virtue of a lawful authority to answer the demand against him in a civil action. In admiralty practice. In admiralty actions a ship or cargo is arrestcd when the marshal has served the writ in an action in rem. Williams & B. Adm. Jur. 193; Pelham v. Rose, 9 Wall. 103, 19 L. Ed. 602. Synonyms distinguished. The term "apprehension" seems to be more peculiarly appropriate to seizure on criminal process; while "arrest" may apply to either a civil or criminal action, but is perhaps better confined to the former. Montgomery County v. Robinson, 85 Ill. 176. As ordinarily used, the terms "arrest" and "attachment" coincide in meaning to some extent, though in strictness, as a distinction, an arrest may be said to be the act resulting from the service of an attachment; and, in the more extended sense which is sometimes given to attachment, including the act of taking, it would seem to differ from arrest, in that it is more peculiarly applicable to a taking of property, while arrest is more commonly used in speaking of persons. Bouvier. By arrest is to be understood to take the party into custody. To commit is the separate and distinct act of carrying the party to prison, after having taken him into custody by force of the execution. French v. Bancroft, 1 Mete. (Mass.) 502. —Arrest of inquest. Pleading in arrest of taking the inquest upon a former issue, and showing cause why an inquest should not be taken.—Arrest of judgment. In practice. The act of staying a judgment, or refusing to render judgment in an action at law, after verdict, for some matter intrinsic appearing on the face of the record, which would render the judgment, if given, erroneous or reversible. 3 Bl. Comm. 393; 3 Steph. Comm. 628 ; 2 Tidd, Pr. 918; Browning v. Powers, 142 Mo. 322, 44 S. W. 224; People v. Kelly, 94 N. Y. 526: Byrne-v. Lynn, 18 Tex. Civ. App. 252, 44 S. W. 311. —Malicious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding.—Parol arrest. One ordered by a judge or magistrate from the bench, without written complaint or other proceedings, of a person who is present before him, and which is executed on the spot; as in case of breach of the peace in open court.—Warrant of arrest. A written order issued and signed by a magistrate, directed to a peace officer or some other person specially named, and commanding him to arrest the body of a person named in it, who is accused of an offense. Brown v. State, 109 Ala. 70, 20 South. 103. Less...

In old English law. A writ which lay for a person whose cattle or goods were taken by another, who during a contest was likely to make away with them, and who had not the ability to render satisfaction. Reg. Orig. 126.

In old English law. A writ which lay for a person whose cattle or goods were taken by another, who during a contest was likely to make away with them, and who had not the ability to render satisfaction. Reg. Orig. 126. Less...

In old English law. A writ which issued for apprehending a person who had taken the king's prest money to serve in the wars, and then hid himself in order to avoid going.

In old English law. A writ which issued for apprehending a person who had taken the king's prest money to serve in the wars, and then hid himself in order to avoid going. Less...

In old English law. An arrest, (a. v.)

In old English law. An arrest, (a. v.) Less...

In Scotch law. The person in whose hands the movables of another, or a debt due to another, are arrested by the creditor of the latter by the process of arrestment. 2 Kames, Eq. 173, 175.

In Scotch law. The person in whose hands the movables of another, or a debt due to another, are arrested by the creditor of the latter by the process of arrestment. 2 Kames, Eq. 173, 175. Less...

In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst. 3, 6, 1.

In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst. 3, 6, 1. Less...

In Scotch law. Securing a criminal's person till trial, or that of a debtor till he give security judicio sisti. The order of a judge, by which he who is debtor in a movable obligation to the arrester's debtor is prohibited to make payment or delivery till the debt due More...

In Scotch law. Securing a criminal's person till trial, or that of a debtor till he give security judicio sisti. The order of a judge, by which he who is debtor in a movable obligation to the arrester's debtor is prohibited to make payment or delivery till the debt due to the arrester be paid or secured. Ersk. Inst. 3, 6, 2. Less...

In Scotch law. A process to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a foreigner's goods within the jurisdiction, and these will not be released unless caution or security be given.

In Scotch law. A process to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a foreigner's goods within the jurisdiction, and these will not be released unless caution or security be given. Less...

In old English law. A writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg. Orig. 129. The ancient civilians called it "clarigatio" but by the moderns it is termed "reprisalia."

In old English law. A writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg. Orig. 129. The ancient civilians called it "clarigatio" but by the moderns it is termed "reprisalia." Less...

Fr. A judgment, sentence, or decree of a court of competent jurisdiction. The term is derived from the French law, and is used in Canada and Louisiana. Saisie arret is an attachment of property in the hands of a third person. Code Prac. La. art. 209; 2 Low. Can. 77; More...

Fr. A judgment, sentence, or decree of a court of competent jurisdiction. The term is derived from the French law, and is used in Canada and Louisiana. Saisie arret is an attachment of property in the hands of a third person. Code Prac. La. art. 209; 2 Low. Can. 77; 5 Low. Can. 198, 218. Less...