Arrestment

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.