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.
In civil cases in most of the states arrest for debt is abolished, except in cases of fraud or wilful injury to persons or property by constitutional provision or by statute. One arrested under process of a federal court cannot be arrested under that of a state court for the same cause. There is no provision in the United States constitution as to imprisonment for debt, but congress has enacted (in Rev. Stat., s. 990) that all the provisions of the law of any state applicable to such imprisonment shall apply to the process of federal courts in that state. A woman can be arrested in New York for wilful injury to person, character or property, and in certain other cases (Code, s. 553). The president, federal officials, governors of states, members of congress and of state legislatures (during the session), marines, soldiers and sailors on duty, voters while going to and from the polls, judges, court officials (1904, 100 N.W. 591), coroners and jurors while attending upon their public duties, lawyers, parties and witnesses while going to, attending or returning from court, and generally married women without separate property, are exempt from arrest.
In criminal cases a bench-warrant in New York may be served in any county without being backed by a magistrate (Code Crim. Proc., s. 304). In Nebraska one found violating the law may be arrested and detained until a legal warrant can be issued (Crim. Code, s. 283). A bail may lawfully recapture his principal (1905) 121 Georgia Rep. 594. Foreign ambassadors and ministers and their servants are exempt from arrest. Exemption from arrest is a privilege, not of the court, as in England, but of the person, and can be waived (Petrie v. Fitzgerald, 1 Daly 401).
ARRESTMENT, in Scots law, the process by which a creditor detains the goods or effects of his debtor in the hands of third parties till the debt due to him shall be paid. It is divided into two kinds: (1) Arrestment in security, used when proceedings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable; and (2) Arrestment in execution, following on the decree of a court, or on a registered document, under a clause or statutory power of registration, according to the custom of Scotland. By the process of arrestment the property covered is merely retained in place; to realize it for the satisfaction of the creditor’s claim a further proceeding called “furthcoming” is necessary. By old practice, alimentary funds, i.e. those necessary for subsistence, were not liable to arrestment. By the Wages Arrestment Limitation (Scotland) Act 1870, the wages of all labourers, farm-servants, manufacturers, artificers and work-people are not arrestable except (1) in so far as they exceed 20s. per week; but the expense of the arrestment is not to be charged against the debtor unless the sum recovered exceed the amount of the said expense; or (2) under decrees for alimentary allowances and payments, or for rates and taxes imposed by law.
ARRETIUM (mod. Arezzo), an ancient city of Etruria, in the upper valley of the Arno, situated on the Via Cassia, 50 m. S.E. of Florentia. The site of the original city is not quite certain; some writers place it on the isolated hill called Poggio di S. Cornelio, 2½ m. to the S.E., where remains of a fortified enceinte still exist (cf. F. Noack in Römische Mitteilungen, 1897, p. 186); while others maintain, and probably rightly, that it occupied the hill at the summit of the modern town, where the medieval citadel (fortezza) was erected, and which was enclosed by an ancient wall. Numerous Etruscan tombs have been discovered within the lower portion of the area of the modern town, which appears to correspond in site with the Roman (C.I.L. xi. p. 1082; G. Gamurrini in Notizie degli scavi, 1883, 262; 1887, 437). Vitruvius (ii. 8. 9) and Pliny (Nat. Hist. xxxv. 173) speak of the strength of its walls of bricks, but these have naturally disappeared. Many remains of Roman buildings have been discovered within the modern town, and the amphitheatre is still visible in the southern angle. Arretium appears as one of the cities which aided the Tarquins after their expulsion. It was an opponent of Rome at the end of the 4th and beginning of the 3rd century B.C., but soon sought for help against the attacks of the Gauls, against whom it was almost a frontier fortress. It was an important Roman base during the Hannibalic wars (though at one time it threatened defection—Livy xxvii. 21-24), and in 205 B.C. was able to furnish Scipio with a considerable quantity of arms and provisions (Livy xxviii. 45). In 187 B.C. the high road was extended as far as Bononia. Arretium took the part of Marius against Sulla, and the latter settled some of his veterans there as colonists. Caesar, or Octavian, added others, so that there are three classes, Arretini veteres, Fidentiores, and Iulienses. A considerable contingent from Arretium joined Catiline and in 49 B.C. Caesar occupied it. C. Maecenas[1] was perhaps a native of Arretium. Its fertility was famous in ancient times, and still more the red pottery made of the local clay, with its imitation of chased silver. The reliefs upon it are sometimes of considerable beauty, and large quantities of it, and the sites of several of the kilns, have been discovered in and near Arretium. It was also considerably exported. See Corp. Inscrip. Lat. xi. (Berlin, 1901) p. 1081, and Notizie degli scavi, passim (especially, 1884, 369, for the discovery of a fine group of the moulds from which these vases were made). The museum contains a very fine collection of these and a good collection of medieval majolica.
(T. As.)