Blacks Law Dict. 1st ed

ARRIVAL

90

ARREST

eluding the act of taking, it would seem to differ from arrest, in that it is more peculiarly applica ble 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 dis tinct act of carrying the party to prison, after hav ing taken him into custody by force of the execu tion. 1 Meto. (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 OP JUDGMENT. In prac tice. The act of staying a judgment, or re fusing 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, erro neous or reversible. 3 J31. Comm. 393; 3 Steph. Comm. 628; 2 Tidd, Pr. 918. ARRESTANDIS BONIS NE DISSI PENTUR. 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. ARRESTANDO IPSUM QUI PECU NIAM RECEPIT. 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. ARRESTATIO. In old English law. An arrest, (q. v.) ARRESTEE. In Scotch law. The per son 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 arrest ment. 2 Kames, Eq. 173, 175. ARRESTER. In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst. 3, 6, 1. ARRESTMENT. In Scotch law. Secur ing 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 m a movable obligation to the arrester's debt or is prohibited to make payment or delivery till the debt due to the arrester be paid or secured. Ersk. Inst. 3, 6, 2. ARRESTMENT JURISDICTIONS FUNDANDiE CAUSA. 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. ARRESTO FACTO SUPER BONIS MERCATORUM ALIENIGENORUM. In old English law. A writ against the goods of aliens found within this kingdom, in rec ompense 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." ARRET. 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. ARRETTED. Charged; charging. The convening a person charged with a crime be fore a judge. Staundef. P. C. 45. It is used sometimes for imputed or laid unto; as no folly may be arretted to one under age. Cowell. ARRHABO. In the civil law. Earnest; money given to bind a bargain. Calvin. ARRHiE. In the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest. ARRIAGE AND CARRIAGE. In En glish and Scotch law. Indefinite services for merly demandable from tenants, bnt prohib ited by statute, (20 Geo. II. c. 50, §§ 21,22.) Holthouse; Ersk. Inst. 2, 6, 42. ARRIER BAN. A second summons to join the lord, addressed to those who had neglected the first. A summons of the infe riors or vassals of the lord. Spelman. ARRIERE FIEF, or FEE. In feudal law. A fief or fee dependent on a superior one; an inferior fief granted by a vassal of the king, out of the fief held by him. Mon tesq. Esprit des Lois, liv. 31, cc. 26, 32. ARRIERE VASSAL. In feudal law. The vassal of a vassal. ARRIVAL. In marine insurance. The arrival of a vessel means an arrival for pur poses of business, requiring an entry and clearance and stay at the port so long as to require some of the acts connected with bus iness, and not merely touching at a port for

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