Arrestment

Arrestment,' a word derived from the English statute, is a word of Scotch origin, and derived from the Scottish law, and thus defined by Bouvier: 'The order of a judge, by which he who is debtor in a movable obligation to the arrestor's debtor is prohibited to make payment or delivery till the debt due to the arrestor be paid or secured.

In Scotch law. Securing a criminal's person till trial, or that of a debtor till he gives security judicio sisU. 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. 1. Id. 1. 2. 12. debtor's giving security to the arrester for his debt, in the event it shall be found due. Ersk. Inst. 3. 6. 7. ARRESTMENT JURISDICTI0NI8 FUNdandae 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. Wharton. ARRESTO FACTO SUPER BONIS MERcatorum alienigenorum. 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 restitutiom Reg. Orig. 129. The ancient civilians called it "clarigatio," but by the moderns it is termed "reprisalia." Wharton. ARRET (Ft.) 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. (U. S.) 77; 5 Low. (U. S.) 198, 218. ARRETTED (arrectatus, i. e,, ad rectum vocatus). Convened before a judge and charged with a crime. Ad rectum malefactorem, is, according to Bracton, to have a malefactor forthcoming to be put on his trial. Imputed, or laid to one's charge; as, no folly may be arretted to any one under age. Bracton, lib. 3, tr. 2, c. 10; Cunningham. ARRHABO (Lat.)

In the civil law. Earnest; money given to bind a bargain. Calv. Lex; Brissonius, voc. "Arra."

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. Erskine, Inst. 3. 6. 1; 1. 2. 12. This word is used interchangeably with attachment in the act for the protection of seaman's wages; TJ. S. R. S. § 4536; which it is said must be liberally construed; Wilder v. Navigation Co., 211 U. S. 239, 29 Sup. Ct. 58, 53 L. Ed. 164, 15 Ann. Cas. 127. The court, after quoting the above definition, held ply to execution after judgment as well as attachment before it. 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. La. Code Pr. art. 209; 2 Low. C. 77; 5 id. 198, 218. ARRETTED (arrectatus, i. e. ad rectum vocatus). Convened before a judge and charged with crime. Ad rectum malefactorem is, according to Bracton, to have a malefactor forthcoming to be put on his trial. Imputed or laid to one's charge; as, no folly may be arretted to any one under age. Bracton, 1. 3, tr. 2, c. 10; Cunningham, Diet. ARRH/E. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest. There are two kinds of arrhse: one kind given when a contract has only been proposed; the other when a sale has actually taken place. Those which are given when a. bargain has been merely proposed, before it has been concluded, form the matter of the contract, by which he who gives the arrhas consents and agrees to lose them, and to transfer the title to them in the opposite party, in case he should refuse to complete the proposed bargain; and the receiver of arrhas is obliged on his part to return double the amount to the giver of them in case he should fail to complete his part of the contract; Pothier, Contr. de Vente, n. 498. After the contract of sale has been completed, the purchaser usually gives arrhse as evidence that the contract has been perfected. Arrha? are therefore denned quod ante pretium datur, et fidem fecit contractus, facti totiusque pecunias solvendw. Id. n. 506; Cod. 4. 45. 2. 3 Sand. Just, xxiii. See Earnest. Arrhw sponsalitice were the earnest or present given by one betrothed to the other at the betrothal.

In Scots law. The seizure and securing of a criminal's person till he undergoes trial or gives bail. A process for securing movable effects in the hands of the possessor till the property be determined — a species of sequestration. A process issued by a creditor to secure movable effects of his debtor in the hands of a third person, or a debt due his debtor by such person, and to prevent a transfer or payment until another process, called process of forthcoming, can be obtained, v. Forthcoming.

Arrest. In Scotch law, a process garnishment. Arrestee: the garnishee.

In Scotch law. The seizure and securing of a criminal's person, till he undergo trial, or give bail. Ersh, Imt. b. 3, tit. 6, sect. 2. A process for securing moveable effects in the hands of the possessor till the property be determined. This arrestment, termed rei servandcB causa, is a species of sequestration. 2 Kames' Equity, 173. A process issued by a creditor for the purpose of securing the moveable effects belonging to his debtor in the hands of a third person (called the arrestee,) or a debt due his debtor by such person, and of preventing a transfer or payment until another process, called process of forthcoming, can be raised or obtained.* 2 Karnes' Equity, 173. See Forthcoming.

sn the Scotch law; by this term is sometimes meant the securing of a criminal’s person till trial, or that of a debtor till he give security judicio sisty, Ersk. Pr. L. Scot. 1, 2, 12. It is also the order of a judge, by which he who is debtor in a moveable 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. Pr. L. Scot. 3, 6, 1. See Attachment, foreign. Where arrestdebtor’s’ giving security to the arrester for his debt, in the event it shall be found due. Ib. -3, 6, 7.