also, until they give security judicio sist. 
ee = 
open doors, and in using force to secure the felon, 
if they actually saw the offence committed. Any 
person may apprehend for offences against the 
Vagrant act, 4° and 5° Geo. IV. cap. 83, or against 
the Larceny , act7° Geo. IV. cap. 29, and the Mali- 
cious injuries act, 8° Geo. [V.cap.30. A private 
person may also arrest upon suspicion; but this 
is barely permitted, and not enjoined by the law; 
and therefore he cannot justify breaking open 
doors to do it; and if either party kill the other 
in the attempt, it amounts to manslaughter. 
4, The fourth mode of arrest is by hue and cry 
—huiesium et clamor—raised upon the commis- 
sion of a felony. This is the old common law 
process of pursuing, with horn and with voice, 
all felons, and such as have dangerously wounded 
another. For an account of its origin and effects, 
see HuE anp Cry. 
ARRESTMENT. A term in the law of Scot- 
land applied either to persons or to things. 
In the former case, it may denote the securing 
of a criminal, until he undergo trial, or give bail. 
Tn certain special cases, a judge may arrest or 
secure the persons of such as have neither domi- 
cile nor estate within his territory, even for civil 
debts. Thus, on the border between Scotland and 
England, warrants are granted of course by the 
judge ordinary of either side, against debtors who 
have their residence on the opposite side, for ar- 
resting, not only their effects, but their persons 
Even 
the persons of citizens or natives may besosecured, 
where there is good reason for suspecting that 
| they are an meditatione fuge, i. e. that they mean 
to withdraw themselves from the kingdom, and 
so disappoint their creditors. This suspicion the 
creditor applying for the warrant must declare 
upon oath; but he will be liable in damages, 
should the circumstances, which he offers to prove 
in support of his suspicion, appear insufficient to 
justify the imprisonment. 
An inhabitant of a borough-royal, who has 
furnished one who lives without the borough with 
meat, clothes, or other merchandise, having no 
security for the debt but his own compt-book, 
may arrest his debtor, until he give security 
Judicro sist, im consequence of a special privilege 
conferred upon boroughs-royal, by the act 1672, 
c. 8. But this arrestment shall not be allowed to 
an assignee, nor in cases where security has been 
taken for payment of the debts. 
Arrestment, when applied to things, is a mode 
of diligence by which a creditor may attach the 
moveable estate of his debtor; or, it is the order 
of a judge, by which he who is debtor in a move- 
able obligation to the arrester’s debtor is pro- 
hibited to make payment or delivery, until the 
debt due to the arrester be paid or secured. The 
arrester’s debtor is usually called the common 
| debtor; because, where there are two or more 
competing creditors, he is debtor to all of them. 
_ The person in whose hands the diligence is used, 
is styled the arrestee. 
ARRESTMENT. 
245 
Arrestment may be laid on by authority, either 
of the supreme court, or of an inferior judge. In 
the former case, it proceeds, either upon special 
letters of arrestment, in the king’s name, passing 
the signet, and prepared by a writer to the sig- 
net, or upon a warrant contained in letters of 
horning: and it must be executed by a mes- 
senger-at-arms. Warrants granted by inferior 
judges are called precepts of arrestment, and are 
executed by the officer of the court. 
All debts containing a personal obligation, even 
although heritably secured, are grounds for ar- 
resting the moveable estate of the debtor; and 
arrestment may even proceed upon a debt, of 
which the term of payment is not yet come, in 
cases where the debtor is vergens ad inopiam. 
Arrestment may likewise proceed upon a depend- 
ing action, when the creditor executes a sum- 
mons against his debtor, for payment of a debt 
not yet constituted by decree or registration. 
Moveable debts constitute the proper subject of 
arrestment; and all bonds, which have not been 
made properly heritable by seisin, are declared | 
arrestable by 1644, c. 41, revived by 1661, c. 51. | 
But there are certain moveable debts which are 
not subject to arrestment. 1. Debts due by bill. 
2. Future debts. Hence an arrestment of rents 
or interests carries only those that have already 
fallen due, or at least become current at the time 
ofarrestment. 3. Alimentary debts; among which 
are included the salaries granted by the crown, 
and the fees of servants, in so far as they amount 
to a reasonable allowance for the maintenance of | 
the person who fills the office. But this rule is 
subject to some modifications ; for ministers’ sti- | 
pends and other salaries have been found to be 
arrestable. 
When the arrestee is a pupil, the arrestment 
must be used in the hands of his tutor; if past 
pupillarity, it may be used either in his own 
hands, or in the hands of his curators. 
debtor have executed a trust, the arrestment may 
be used in the hands of his trustees. If the debtor 
be a company, the arrestment must be used in 
the hands of the partners at their counting-house 
or ware-room, or at their respective dwelling- 
houses. 
hands of a corporation, it must be done either at 
a regular meeting, or in the hands of the trea- 
surer, or other officer, in whose name the cor- 
poration is appointed to sue and be sued. If the 
debtor be abroad, the arrestment must be exe- i 
cuted edictally at the market-cross of Edinburgh, | 
and pier and shore of Leith; and it must be in- | 
timated to his agent in this country. 33° Geo. 
Tl. c¢: 74, sec. 4: 
If the arrestee shall pay the sum, or deliver | 
the goods arrested to the common debtor, he is 
not only liable to a criminal prosecution, for 
breach of arrestment; but he must likewise pay 
the debt again to the arrester. And in the case 
of arrestment executed at the market-cross of 
Edinburgh ; and pier and shore of Leith, against 
When arrestment is to be used in the | 
If the | 
