KFLCC Kingdom Law 2nd Ed.

88

ARRESTEE

ARRAY

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 "ap prehension" seems to be more peculiarly ap propriate to seizure on criminal process; while "arrest" may apply to either a civil or criminal action, but is perhaps better con fined to the former. Montgomery County v. Robinson, 85 111. 176. As ordinarily used, the terms "arrest" and "at tachment" 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 ex tended sense which is sometimes given to attach ment, including the act of taking, it would seem to differ from arrest, in that it is more peculiar ly 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 par ty into custody. To commxt is the separate and distinct act of carrying the party to prison, aft er 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 he taken.— Arrest of judgment. In practice. The act of staying a judgment, or refusing to render judgment in an action at law, after ver dict, for some matter intrinsic appearing on the face of the record, which would render the judg ment, 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 pro ceedings, of & person who is present before him, and which is executed on the spot; as in case of breach of the peace in open court.— War rant of arrest. A written order issued and signed by a magistrate, directed to a peace of ficer 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 r. State, 109 Ala. 70, 20 South. 103. 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 EPSTJM 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, (g. v.) In Scotch law. The per son in whose hands the movables of another, or a debt due to another, are arrested by the- ARRESTEE.

ARRAY.

The whole body of Jurors sum

moned to attend a court, as they are arrayed or arranged on the panel. Dane, Abr. In dex; 1 Chit. Crim. Law, 536; Com. Dig. "Challenge," B, Durrah v. State, 44 Miss. 789. A ranking, or setting forth in order; the order in which jurors' names are ranked in the panel containing them. Co. Litt. 156a; 3 Bl. Comm. 359. Money unpaid at the due time, as rent behind; the remainder due after payment of a part of an account; money in the hands of an account ing party. Cowell; Hollingsworth v. Willis, 64 Miss. 152, 8 South. 170; Wiggin v. Knights of Pythias (C. C.) 31 Fed. 122; Condit v. Neighbor, 13 N. J. Law, 92. ARREARS, or ARREARAGES. ARRENDAMIENTO. In Spanish law. The contract of letting and hiring an estate or land, (heredad.) White, Itecop. b. 2, tit. 14, c. 1. In old English law. To let or demise at a fixed rent. Particularly used with reference to the public domain or crown lands; as where a license was granted to inclose land in a forest with a low hedge and a ditch, under a yearly rent, or where an encroachment, originally a purpresture, was allowed to remain on the fixing and payment of a suitable compensation to the public for its maintenance. 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. H. 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 liber ty, 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 ac tion. In admiralty practice. In admiralty ac tions a ship or cargo is arrested when the ARRENT. ARREST. In criminal practice. ARREGT. To accuse or charge with an offense. Arrectati, accused or suspected per sons.