_Arrests on mesne process_ (see PROCESS), before judgment obtained, were
abolished by the Debtors Act 1869, s. 6; an exception, however, is made
in cases in which the plaintiff proves, at any time before final
judgment, by evidence on oath to the satisfaction of a judge of one of
the superior courts, that he has a good cause of action to the amount of
L50, that the defendant is about to quit the country, and that his
absence will materially prejudice the plaintiff in prosecuting his
action. In such cases an order for arrest may be obtained till security
to the amount of the claim be found.
Formerly a judgment creditor might arrest his debtor under a writ of
_capias ad satisfaciendum_, but since 1869 imprisonment for debt has
been abolished in England, except in certain cases, and in these the
period of detention must not exceed one year.
The following persons are privileged from arrest, viz., 1st, members of
the royal family and the ordinary servants of the king or queen regnant,
chaplains, lords of the bedchamber, &c. This privilege does not extend
to servants of a consort queen or dowager. 2nd, peers of the realm,
peeresses by birth, creation or marriage, Scottish and Irish peers and
peeresses. 3rd, members of the House of Commons during the session of
parliament, and for a convenient time (forty days) before and after it.
Members of Convocation appear to have the same privilege. 4th, foreign
ambassadors and their "domestics and domestic servants." Temporary
privilege from arrest in civil process is enjoyed by barristers
travelling on circuit, by parties, witnesses or attorneys connected with
a cause, and by clergymen whilst performing divine service.
The arrest of any privileged person is irregular _ab initio_, and the
party may be discharged on motion. The only exception is as to
indictable crimes, such as treason, felony and breach of the peace.
There are no longer any places where persons are privileged from arrest,
such as the Mint, Savoy, Whitefriars, &c., on the ground of their being
ancient palaces.
Except in cases of treason, felony or breach of the peace, an arrest
cannot be made on a Sunday, and if made it is void (Sunday Observance
Act 1677); but it may be made in the night as well as in the day.
II. _In Criminal Cases._--All persons whatsoever are, without
distinction, equally liable to this arrest, and any man may arrest
without warrant or precept, and outer doors may be broken open for that
purpose. The arrest may be made,--1st, by warrant; 2nd, by an officer
without warrant; 3rd, by a private person without warrant; or, 4th, by a
hue and cry.
Public-domain text, read in full here on John Shaqi.
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