A R R 
his prifoncr, more than fliall be allowed by an order of 
feffions. Bailiffs to ftiew a copy of the ad to prifoners, 
and to permit a periif'al thereof; and the prifoner to fend 
for his own victuals, bedding, &c. Sheriff's and their offi¬ 
cers to take no reward for doing their office but according 
to law. The fees now allowed by the mailer for arreffs 
on niefne procefs in term are ios. 6d. in the country il. is. 
and is. per mile. Impey’s Shaiff, 122. 
By Hat. 29 Car. II. c. 7. No writ, procefs, warrant, Sec. 
(except in cafes of treafon, felony, or for breach of the 
peace,) (hall be ferved on a Sunday, on pain that the per- 
fon ferving them fhall be liable to the fuit of the party 
grieved, and anfwer damages, as if the fame had been done 
without writ: an adion of falfe imprifonment lies for ar- 
relt on a Sunday, and the arreff is void. iSalkyZ. A de¬ 
fendant was arrefted on a Sunday by a writ out of he Mar- 
ihalfea ; and, in the court of B. R. being moved to difcharge 
him, it was denied ; and he was direded to bring an action 
of falfe imprifonment. 5 Mod. Rep. 95. The defendant be¬ 
ing taken upon a Sunday, without any- warrant, and locked 
up all that day ; on Monday morning a writ was got againft: 
him, by which he was arrefted ; it was ruled, that he might 
have an adion of falfe imprifonment, and that an attach¬ 
ment fliould go againft thofe who took him on the Sunday. 
Mod. CaJ. 96. Attachments have been often granted againft 
bailiff's for making arrefts on Sunday, but affidavit is ufu- 
ally made, that the party might be taken upon another 
day. 1 Mod. 56. A perfon maybe retaken on a Sunday, 
where arrefted the day before, See. and a man may be ta¬ 
ken on a Sunday on an efcape-vvarrant: or on freffi purfuit 
when taken the day before. 2 Ld. Raym. 1028. zSalk. 626. 
when he goes at large out of the rules of the King’s Bench 
or Fleet prifon, &c. Hat. 3 Anne, c, 9. Alfo bail may take 
the principal on a Sunday, and confine him till Monday, and 
then render him. 1 Aik. 239. 6 Mod. 231. A party cannot 
be arrefted on a Sunday on an attachment for non-perform¬ 
ance of an award, it being only in the nature of a civil exe¬ 
cution. By ftatutes 12 Geo. I. c. 29. and 5 Geo. II. c. 27. 
both made perpetual by ftatute 21 Geo. 11 . c. 3. No perfon 
can be arrefted, or held to bail, on a writ lued out of the 
fuperior courts, unlefs the cattfe of adion be iol. or up¬ 
wards. And now by ftat. 19600. III. c.70. No perfon 
can be arref ed or held to bail upon procefs out of any in¬ 
ferior conn for lefs than iol. but proceedings are to be 
had in inferior courts according to the diredions of 12 
Geo. I. c. 29. extended by 19Geo. III. to debts under iol. 
By ftat. 11 and 12 Will. III. c. 9. No perfon is to be held 
to bail in Wales on procefs out of the courts at Weftminfter 
for lefs than 20I. 
In trover the defendant may be held to bail of courfe. 
aStr. 1122. Comp. 529. For this is more an adion of pro¬ 
perty than a tort. 1 Wilf. 23. Tn an adion of debt on a 
judgment, whether after verdid or by default, defendant 
cannot be arrefted if he was previoufly held to bail in the 
original adion. Say. 160. It is now Ietried, both in K. B. 
and C. P. that a defendant may be arrefted in an adion on 
a judgment for iol. for damages and cofs, though the ori¬ 
ginal debt alone were under iol. 4 Turn. Rep. 570. on the 
authority of 2 Black. Rep. 1274; (though it had been other- 
wife ruled in K. B. 2 Burr.1389. y Burr .21 1 7. 3 Barr. 2660. 
Coup. 128.) Bail cannot be had in an adion on the Jecbnd 
judgment, where bail has been given on the firft. 2.Sri\ 7S2. 
See, Bail. 
Formerly one great obftrudion to public juftice, civil as 
well as criminal, was the number of privileged places, fuch 
as the Mint, Savoy, &c. under pretence of their being an¬ 
cient palaces ; but thefe fanduaries for iniquity are now 
-aboliilied, and the oppofing any procefs therein is made 
highly penal by ftat. 8 and 9 Will. III. c. 27. f. 13. 9 Geo.l. 
c. 28.I.1. and 11 Geo. I', c. 22. by which perfons oppofing 
the execution of procefs, or abufing the officer, if he re¬ 
ceives any bodily hurt, are declared guilty of felony. When 
a perfon is apprehended for debt, &c. he is faid to be 
arrefted: and writs exprefs arreji by two feveral words, 
capias and attachias, to take and catch hold of a man j for 
Vot. II. No. 67. 
E S T. 213 
an officer muff adtially lay' hold of'a perfon, bolides faying 
he arrefts him, or it will be no lawful arreff. 1 Li//. Abr. 96. 
If a bailiff be kept off from making an arreff, he iliall have 
aii adion of affault; and, w here the perfon arrefted makes 
refiftance, or alfaults the bailiff, he may juftify ihe beat¬ 
ing of him. If a bailiff touches a man, which is an arref, 
and he makes his efcape, it is a refcous, and attachment 
may be had againft him. 1 Salk. 79. If a bailiff lays hold 
of one by the hand, (w hom he had a warrant to arreft) as 
he holds it out at the window, this is fuch a taking of 
him, that the bailiff may juftify the breaking open of the 
houfe to carry him away. 1 Vent. jo6. 
When a perfon has committed treafon or felony, &c. 
doors may be broke open to arreft the offender; but not 
in civil cafes, except it be in purfuit of one arrefted; or 
where a houfe is recovered by real adion, or in ejedment, 
to deliver poffeflioh to the perfon recovering. P’owd. 
3 Rep. i)i. Adion of trefpafs, See. lies for breaking open 
a houfe to make arreft in a civil adion. Mod.Caf. 103. 
But if it appears a bailiff found an outer door, &c. open, 
he may open the inner door to make an arreft. Comb. 327. 
In the cafe of Lee v. General Ganfell, the court of King’s 
Bench determined, that the chamber door of a lodger, is 
not to be conftdered as his cater door ; but that, the ftreet 
door being open, the officers had a right to force open the 
chamber door, the defendant being in the room, and re- 
fufing to open it. Coup. 1. Alfo, it is enaded by the 3 
and 4 Jac. I. par. 33. That upon any lawful writ, warrant, 
or procefs awarded to any ffieriff or other officer, for the 
taking of any popifh recufant, handing excommunicated 
for fuch recufancy, it fhall be lawful, if need be, to break 
any houfe. 2 Hauk. P. C. c.14. f. 10. But it hath been re- 
folved, that where juftices of the peace are, by virtue of a 
ftatute, authorifed to require perfons to come before them 
to trike certain oaths preferibed by fuch ftatute, the officer 
cannot lawfully break open the doors. 2 Hauk. P.C. c. 14. 
f. 11. An arreft in the night, as well as the day, is law¬ 
ful. y Rep. 66. And every one is bound by the common 
law to affift not only the flierifF in the execution of writs, 
and making arrefts, &c. but alfo his bailiff that hath his 
warrant to do it. 2lnf.i<)2. A bailiff upon an arreft ought 
to ffiew at whofe fuit, out of what court the writ iffues, 
and for what caufe, Sec. uken the patty arref edfubmits liim- 
felf to the arref : a bailiff, fworn and known, need not ftiew 
his warrant, though the party demands it; nor is any other 
fpecial bailiff bound to ffiew his warrant, unlefs it be de¬ 
manded. 9 Rep. 68,69. Cro.Jac. 483. If an adion is en¬ 
tered in one of the compters of the .city of London, a city 
ferjeant may arreft the party without the fheriff’s warrant. 
1 Li//. Abr. 94. And, by the cuftom of London, a debtor 
may be arrefted before the money is due, to make him find 
fureties: but not by the common law. 1 Nelf. Abr. 238. 
If a wrong perfon is arrefted; or one for felony, where 
no felony is done, See. it will be falfe imprifonment. By 
Glynn, Ch. J. Mich. 1658. If one be arrefted by the.fheriff 
of the county, within a liberty, without a non omittas, yet 
the arreft is good; for the ffieriff is ffieriff of the whole 
county, but the bailiff of the liberty may have his adion 
againft the ffieriff, for entering of his liberty. But, upon 
a quo minus, a ffieriff may enter any liberty, and execute it 
impune. Pra&. Reg. 72. 
With regard to arrefts in criminal cafes, it hath already 
been obferved, that for treafon, felony, or breach of the peace, 
any perfon may arreft without warrant or precept. But 
the king cannot command any one by word of mouth to 
be arrefted; for he rauft do it by writ, or order of his 
courts, according to law : nor may the king arreft any man 
for fufpicion of treafon, or felony, as his fubjeds may ; 
becaufe, if he doth wrong, the party cannot have an adion 
againft him. 2 Inf. 186. 
Arrefts by private perfons are in fome cafes commanded. 
Perfons prefent at the committing of a felony muff u(e 
their endeavours to apprehend the offender, under penalty 
of fine and imprifonment. -t,lnf. 117. 4 Inf.iy . And for 
this caufe, by the common law, if any homicide be cotn- 
3 1 mlUet^ 
