ARREST (Fr. arrdter, to stay, to stop, to detain). To deprive a person of his liberty by legal authority. The seizing a person and detaining him in the custody of the law.
As ordinarily used, the terms arrest and attach ment coincide in meaning to some extent; though in as a distinction, an arrest may be said to be the act resulting from the service of an attach ment. And in the more extended sense which is sometimes given to attachment, including the aot of taking, it would seem to differ from arrest in that it is more peculiarly applicahle to a taking of property, while arrest is more commonly used in speaking of persons.
The terms are, however, often interchanged when speaking of the taking a man by virtue of legal authority. Arrest is also applied in some instances to a seizure and detention of personal chattels, es pecially of ships and vessels; but this use of the term is not oommon in modern law.
In Civil Practice. The apprehension of a person by virtue of a lawful authority to answer the demand against him in a civil action.
2. One of the means which the law gives the creditor to secure the person of his debtor while the suit is pending, or to compel him to give security for his appearance after judgment. La. Civ. Code, art. 211. Acts which amount to a taking into custody are necessary to constitute an arrest; but there need be no actual force or manual touching the body: it is enough if the party be within the power of the officer and submit to the arrest, Cas. temp. Hardw. 301; 5 Bos. & P. 211; Buller, Nisi P. 62;.2 N. H. 318; 8 Dan. Ky. 190; 3 Harr. Del. 416; 1 Harp. So. C. 453 ; 8 Me. 127 ; 1 Wend. N. Y. 215 ; 2 Blackf. hid. 294 ; but mere words without submission are not sufficient. 2 Hale, Pl. Cr. 129 ; 13 Ark. 79 ; 13 Ired. No. C. 448.
Who to be made by. It must be made by an officer having proper authority. This is, in the United States, the sheriff, or one of his deputies, general or special, see United States Digest, Sheriff; and the statutes of the various states ; or by a mere assistant of the officer, if he be so near as to be considered as acting, though he do not actually make the arrest. Cowp. 65.
The process of the United States courts is executed by a marshal. As to the power of a sergeant-at-arms of a legislative body to arrest for contempt or other causes, see 1 Kent, Comm. 10th ed. 253, and notes ; Bost. Law Rep. May, 1860.
3. Who is liable to. All persons found within the jurisdiction are liable to arrest, with the exception of certain specified classes, including administrators in suits on the in testate's promises, Mete. Yelv. 63; see 1 Term, 16; ambassadors and their servants, 1 Barnew. & C. 554; 3 Dowl. & R. 25, 833; 4 Sandy. N. Y. 619; attorneys at law; barristers attending court or on circuit, 1 H. Blackst.
636; see 19 Ga. 608; bail attending court as such, 1 H. Blackst. 636; 1 Maine & S. 638;
bankrupts until the time for surrender is passed, and under some other circumstances, 8 Term, 475, 534; bishops,—not so in the United • States, however : consuls-generat, 9 East, 447, though doubtful, and the privilege does not extend to consuls, 1 Taunt. 106; 3 Maule & S. 284; clergymen, while performing divine service, Bacon, Abr. Trespass; electors attending a public election ; executors sued on the testator's liability; heirs sued as such; hundredors sued as such ; insolvent debtors lawfully discharged, 3 Maule & S. 595; 19 Pick.. Mass. 260; and see 4 Taunt. 631; 5 Watts, Penn. 141; 7 Mete. Mass. 257; not when sued on subsequent liabilities or promises, 6 Taunt. 563; see 4 Harr. 240 ; Irish peers, stat. 39 & 40 Geo. III. c. 67, 4; judges on pro. cess from their own court, 8 Johns. N. Y. 381; 1 Heist. N. J. 419; marshal of the King's Bench ; married women, on suits arising from contracts, 1 Term, 486; 6 id. 451; 7 Taunt. 55; but the privilege may be forfeited by her conduct, 1 Bos. & P. 8; 5 id. 380; members of congress and the state legislatures while attending the respective assemblies to which they belong, 4 Dall. Penn. 341; 4 Day, Conn. 133; 2 Bay, So. C. 406; 3 Gratt. Va. 237; militia-men while engaged in the performance of military duty ; officers of the army and militia, to some extent, 4 Taunt. 557; but see 8 Term, 105 ; 1 Dail. Penn. 295 ; parties to a suit attending court, 11 East, 439; Coxe, N. J. 142; 4 Call. Va. 97; 2 Va. Cas. 381; 4 Dall. Penn. 387; 6 Mass. 245, 264; 12 111. 61; 5 Rich. So. C. 523; 1 Wash. C. C. 186; 1 Pet. C. C. 41; see 1 Brev. No. C. 167 ; includ ing a court of insolvency, 2 Marsh. 57 ; 6 Taunt. 336; 7 Ves. 312; 1 Ves. & B. 316; 2 Rose, 24 ; 5 Gray, Mass. 538 ; a reference. 1 Caines, N. Y. 115 ; 1 Rich. So. C. 194 ; sol diers, 8 Dan. Ky. 190 ; 3 Ga. 397 ; sovereigns, including, undoubtedly, governors of the states ; the Warden of the Fleet; witnesses attending a judicial tribunal, 1 Chitt. 679; 3 Barnew: & Ald. 252 ; 3 East, 189 ; 7 Johns. N. Y. 538 ; 4 Edw. Ch. N. Y. 557 ; 3 Harr. Del. 517 ; by legal compulsion, 6 Mass. 264; 9 Serg. & R. Penn. 147 ; 6 Cal. 32 ; 3 Cow. N. Y. 381; 2 Penn. N. J. 516 ; see 4 T. B. Moir. Ky. 540 ; women, Wright, Ohio, 455 ; and per haps other classes, under local statutes. Refer ence must be had in many of the above cases to statutes for modifications of the privi lege. In all cases where the privilege at taches in consideration of an attendance at a specified place in a certain character, it in cludes the stay and a reasonable time for going and returning, 2 W. Blackst. 1113; 4 Dall. Penn. 329 ; 2 Johns. Cas. N. Y. 222; 6 Blackf. Ind. 278 ; 3 Harr. Del. 517 ; but not including delays in the way, 3 Barnew. & Ald. 252 ; 4 Dall. Penn. 329 ; or deviations. 19 Pick. Mass. 260. And see, beyond, S.