To accuse. Arrectati, those accused or suspected. ARREST (Fr. arrêter, to stay, to stop, to detain). To deprive a person of his lib- erty by legal authority. The seizing a per- son and detaining him in the custody of the law. See Baldw. 234. As ordinarily used, the terms arrest and attach- ment coincide in meaning to some extent; though in strictness, as a distinction, an arrest may be said to be the act resulting from the service of an at- tachment. And in the more extended sense which is sometimes given to attachment, including the act of taking, it would seem to differ from arrest in that it is more peculiarly applicable to a taking of prop- erty, while arrest is more commonly used in speak- ing of persons. The terms are, however, often interchanged when peaking of the taking a man by virtue of legal au- thority. Arrest is also applied in some instances to a seizure and detention of personal chattels, espe- cially of ships and vessels; but this use of the term is not common in modern law. in Civil Practice. The apprehension of a person by virtue of a lawful authority to answer the demand against him in a civil action. One of the means which the law gives the creditor to secure the person of his debtor while the suit is pending, or to compel him to give security for his appearance after judgment; La. Civ. Code art. 211. Acts which amount to a taking into custody are necessary to constitute an arrest; but there need be no actual force or manual touching the body: it is enough if the party be with- in the power of the officer and submit to the arrest; Cas. temp. Hardw. 301; 5 Β. & P. 211; Bull. N. P. 62; 2 N. H. 318;8 Dana, 190; 3 Harr. Del. 416; 1 Harp. 453; 8 Me. 127; 1 Wend. 215; 21 Ala. 240; 20 Ga. 369; 2 Blackf. 294; but mere words without submission are not sufficient; 2 Hale, Pl. Cr. 129; 18 Ark. 79; 13 Ired. 448. 102 N. C. 129. Whom to be made by. It must be made by an officer having proper authority. This is, in the United States, the sheriff, or one of his deputies, general or special (see United States Digest, Sheriff, and the statutes of the various states), or by a mere assistant of the officer, if he be so near as to be con- sidered as acting, though he do not actually make the arrest; Cowp. 65. The process of the United States courts is executed by a marshal. As to the power of the sergeant-at-arms of a legislative body to arrest for contempt or other cause, see 1 Kent 236, and notes; Bost. Law Rep. May, 1860. An order of the United States Houso of Representatives declaring a witness be- fore one of its committees in contempt for not answering certain questions, and order- ing his arrest and imprisonment, is void and affords no defence to the sergeant-at- arms in an action for false imprisonment against him; 103 U. S. 168, q. v. for a full discussion of the subject and review of the cases. Who is liable to. All persons found with- in the jurisdiction are liable to arrest, with the exception of certain specified classes, including ambassadors and their servants, 1 B. & C. 554: 3 D. & R. 25, 833; 4 Sandf. 619; 4 Dall. 331; attorneys at law; bar- risters attending court or on circuit, 1 H. Bla. 636; see 19 Ga. 608; 1 Phila. 217; 8 Sim. 377; 16 Ves. 412; 18 Johns 52; bail attending court as such, 1 H. Bla. 636; 1 Maule & S. 638; bankrupts until the time for surrender is passed, and under some other circum- stances, 8 Term 475, 534; 2 Ben. 38; bishops (but not in U. S.); consuls-general, 9 East 447; though doubtful, and the privilege does not extend to consuls; 1 Taunt. 106; 3 Maule & S. 284; 6 Ben. 556; clergymen, while performing divine service; Bacon, Abr. Trèspass; electors attending a public election; 3 Conn. 537; executors sued on the testator's liability; heirs sued as such; hun- dredors sued as such; insolvent debtors law- fully discharged; 3 Maule & S. 595; 19 Pick. 260; and see 4 Taunt. 631; 5 Watts 141; 7 Metc Mass. 257; not when sued on subsequent liabilities or promises, 6 Taunt. 563: sce 4 Harr. Del. 240; Irish peers, stat. 39 & 40 Geo. III. c. 67, § 4; judges on process from their own court, 8 Johns. 381; 1 Halst. 419; but see 6 N. J. L. 419; marshal of the King's Bench; members of congress and state legis- latures while attending the respective as- semblies to which they belong; 4 Dall. 341; 4 Day 133; 2 Bay 406; 3 Gratt. 237; 1 Pa. 85, 115; 2 Johns. Cas. 222; 8 R. I. 458; militia men while engaged in the performance of military duty; oficers of the army and militia, to some extent; 4 Taunt. 557; but see 8 Term, 105;1 Dall. 295; 3 Ga. 397; 16 Iowa 600; 40 N. Y. 133; parties to a suit attending court; 11 East 439; Coxe 142; 2 Va. Cas. 381; 4 Dall. 387; 6 Mass. 245, 264; 12 Ill. 61; 5 Rich. 523; 1 Wash. C. C. 186; 1 Pet. C. C. 41; see 1 Brev. N. C. 177; 29 Ga. 217; 5 Cra. 677; including a court of insolvency, 2 Marsh. 57; 6 Taunt. 336; 1 V. & B. 316; 5 Gray 538; a reference, 1 Cai. 115; 1 Rich. 194; the former president of a foreign republic while residing in one of the U. S.; 7 Hun