Page:Black's Law Dictionary (Second Edition).djvu/96

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ARRAY

{{anchor+|.|ARRAY. The whole body of jurors sum- moned to attend in court, as they are arrayed or arranged on the panel. Dane, Abr. In- (l€Y: 1 Chit. Crim. Law. 536; Com. Dig. “(,‘hallenge." B. Durrah v. State. 44 Miss. 789.

A ranking, or setting forth in order; the order in which jurors’ names are ranked in the panel containing them. Co. Litt. 15611; 3 Bl. Comm. 359.

{{anchor+|.|ARREARS, or AREEARAGES. Money unpaid at the due time, as rent behind; the remainder due after payment of a part of an account; money in the bands of an accounting party. Cowell; Hollingsworth v. Willis, 64 Miss. 152, 8 South. 170; Wiggin v. Knights of Pythias (C. C.) 31 Fed. 122; Condit V. Neighbor. 13 N. J. Law, 92.

{{anchor+|.|ARRECT. To accuse or charge with an offense. Arreciati, accused or suspected persons.

{{anchor+|.|ARRENDAMIENTO. In Spanish law. The contract of letting and hiring an estate or land, Umredad.) Whlte. Recop. b. 2, tit. 14, C. 1.

{{anchor+|.|ARRENT. Iu old English law. To let or demise at :1 died rent Particularly used with reference to the public domain or crown lands; as where a ilcense was granted to int-lose land in a forest with a low hedge and a ditch. under a yearly rent, or where an encroacbmeiit. originally a purpresture, was allowed to remain on the fixing and payment of a suitahie compensation to the public for ite maintenance.

{{anchor+|.|ARREST. In criminal practice. The stopping, seizing, or appreliend.u.|g :1 person by lawful authority; the act of laying hands upon ai person for the purpose of taking his body into custody of the law; the restmliilng 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. Baucroflz, 1 meta. (.\Iass.) 502; Emery v. Cllesley. 18 N. H. 201; U. S. v. Benner, 2-1 Fed. (‘as 108-1; Rhodes \'. \'Vnlsl1. 5.3 Minn. 542. 57 N. \\’. 212. 23 L. P A. 0532; Ex parte Sherwood, 29 Tex. App. ‘ 15 S. W. S12.

Arrest in uell described in the old books as "the beginning: of imprisonment, when it man is first taken and restrained of his liberty, by power of a lawful warrant." 2 Shep. Abr. 290: Wood, lnst. 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

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{{anchor+|.|ARRESTEE

marshal has served the writ in an action in rem. Williams 3; B. Adm. Jur. 193; Pelbani V. Rose. 9 Wall. 103, 19 L. Ed. 602.

Synonyms distinguished. The term “apprehenelon" seems to be more peculiarly upprnpriate to seizure on cri'.m.iual process; while "arrest" may apply to either a civil or criminal action, but is perhaps better con- fined to the former. Montgomery County v. Robinson. 85 I11. 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 scnse which is sometimes given to attach- ment. including the act of taking, it would scam to differ Ernm arrest, in that it is more 1'lcC'uiiRriy upplicable to a taking of property, wlule an-est is more commonly used in speaking of persons. Douvier

By arrest is to be understood to take the par-

ty into custody. To comzmit is the separate and distinct act of carry ing the party to prison. after baving taken him into custody by force of the execution. French v. Bancroft, 1 Meta. (Mass.) 502. —A.rrest of inquest. Pleading in arrest of mixing the inquest upon a former issue, and showing cause why an inquest should not be ta.l<en.—Arrest of judgment. in prictice. 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 lil. Comm. 393; 3 Stepb. Comm. 6%; 2 Tidd. Pr. 91S; Browning v. Powers. 142 Mo. 3.".’J. 4-1 S. W’. 224; People v. Kelly, 94 N. Y. 526; Byrne v. Lynn, 18 Tex. Civ. App. 252, 44 S. ‘V. 311. —1V[a.1icious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding.-—Psr-ol arrest. One ordered by a judge or magistrate from the bench without written complaint or other proceerllmrs, 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.—Wnrrent 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, uhn is accused of an offense. Brown v. Stnte, 109 Ala. 70. 20 South. 103.

{{anchor+|.|ARRESTANDIS BONIS NE DISSI- PENTUR. In old English law. A writ which lay for a person whose cattle or goods were taken by another, who during a contest was likely to make away with them, and u bo hail not the ability to render satisfattion. Reg. Orig. 126.

{{anchor+|.|ARRESTANDO IPSUM QUI PECU- NIAM RECEPIT. In old English law. A writ which issued for apprehending a person who had taken the king's prcst money to serve in the wars, and then hid himself in order to avoid going

ARRESTATIO. In old English ‘law. An arrest. ((1. 12.) {{anchor+|.|ARRESTEE. In Scotch law. The per-

son lu whose hands the iuorables of another.

or a debt due to another, are arrested by the