arrest

Arrest without more does not, in law any more than in reason, impeach the integrity or impair the credibility of a witness. It happens to the innocent as well as the guilty. Only a conviction, therefore, may be inquired about to undermine the trustworthiness of a witness.

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. H. 201; In S. v. Benner, 24 Fed. Cas. 1084; Rhodes v. Walsh, 55 Minn. 542, 57 N. W. 212, 23 In 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 Co.m. Law, 575.

In civil practice. The apprehension of a person by virtue of a lawful authority to answer the deinand against him In a civil action.

In admiralty practice. In admiralty actions a ship or cargo is arrested 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 III. 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 shonid 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.

To stop or stay by authority of law. To stop or detain a person, and resti-ain his liberty until he complies with some exigency of law. To stop or stay a legal proceeding; particularly the judgment of a court, by some rule or order of the same court. To apprehend a person by virtue of legal process,to either hold him in custody, or to compel him otherwise to comply with the exigency of the process. To subject a person to the operation of legal process, by bringing his body within the power of the officer executing such process. To take or seize property.

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. 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. 209; 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 arrested when the marshal has served the writ in an action in rem. Williams & B. Adm. Jur. 193. 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. 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, excluding 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. 1 Metc. (Mass.) 503.

[L. Lat. arrestum, arestum, arrestatio.] In practice. The act of stopping or staying, (sistendi actus,) a person or proceeding by authority of law. The restramt of a person's liberty by the actual seizure or apprehension of his body, or otherwise, in execution of some legal process.* Arrest is well described m 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. Ahr. 299. Wood*s Inst. 675. Whishaw. Spelman considers this word as signifying radically a stopping rather than a seizure, ana refers to the distinction made by the civilians between an arrest and a taking or apprehension, (differre volunt arestum a captione seu prahensione); the latter being effected by a manual seizure, {injectis manibus,) the former by the mere influence of legal authority, (Ituthoritatis reverentia.) The Register, however, is an old authority for the application of the word to the seizure of chattels, (see arrestare); and in modem practice an arrest always contemplates either an actiial seizure, or what is equivalent, a restraint of the person, with Sipower of actual seizure, if necessary. It has been said, indeed, that in making an arrest, the officer must actually touch or seize the party's body. 8 BL Com. 288. But in modem practice, this is not held to be absolutely necessary, for if a bailiff come into a room, and tell a defendant he arrests him, and lock the door, it is held to be an arrest, for he is in custody of the officer. 1 Tidd's Pract. 219, and cases there cited. And if the defendant be in any way within the power of the officer, (as within his reach, without any actual confinement,) and submits to the arrest, it has been held sufficient. 1 Wendel Vs R. 210, 215. But see 2 iT. ffamp. R. 317, Woodbury, J. United States Digest^ Arrest, I.