In Scotland the law of arrest in criminal procedure has a general
constitutional analogy with that of England, though the practice differs
with the varying character of the judicatories. Colloquially the word
arrest is used in compulsory procedure for the recovery of debt; but the
technical term applicable in that department is _caption_, and the law
on the subject is generically different from that of England. There
never was a practice in Scottish law corresponding with the English
arrest in mesne process; but by old custom a warrant for caption could
be obtained where a creditor made oath that he had reason to believe his
debtor meditated flight from the country, and the writ so issued is
called a warrant against a person _in meditatione fugae_. Imprisonment
of old followed on ecclesiastical cursing, and by fiction of law in
later times it was not the creditor's remedy, but the punishment of a
refractory person denounced rebel for disobedience to the injunctions of
the law requiring fulfilment of his obligation. The system was reformed
and stripped of its cumbrous fictions by an act of the year 1837.
Although the proceedings against the person could only follow on
completed process, yet, by a peculiarity of the Scottish law, documents
executed with certain formalities, and by special statute bills and
promissory notes, can be registered in the records of a court for
execution against the person as if they were judgments of the court.
The general principles as to the law of arrest in most European
countries correspond more or less exactly to those prevailing in
England.
An _arrest of a ship_, which is the method of enforcing the admiralty
process _in rem_, founded either on a maritime lien or on a claim
against the ship, is dealt with under ADMIRALTY JURISDICTION.
See also article ATTACHMENT.
_Arrest of Judgment_ is the assigning just reason why judgment should
not pass, notwithstanding verdict given, either in civil or in criminal
cases, and from intrinsic causes arising on the face of the record.
_United States._--The law of arrest assimilates to that existing in
England. Actual manual touching is not necessary (_Pike_ v. _Hanson_, 9
N.H. 491; _Hill_ v. _Taylor_, 50 Mich. 549); words of arrest by the
officer, not protested against and no resistance offered, are sufficient
(_Emery_ v. _Chesley_, 18 N.H. 198; _Goodell_ v. _Tower_, 1904, 58 Am.
Rep. 790). Words of arrest, staying over night at prisoner's house,
going with him before the magistrate next day constitute arrest
(_Courtery_ v. _Dozier_, 20 Ga. 369). Restraining a person in his own
house is arrest.
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