Arrest

[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.