ARREST IN CIVIL CASES

practice. An arrest is the apprehension of a person by virtue of a lawful authority, to answer the demand against him in a civil action. 2. To constitute an arrest, no actual force or manual touching of the body is requisite; it is sufficient if the party be within the power of the officer, and submit to the arrest. Bare words, however, will not make an arrest, without laying the person or otherwise confining him. It is necessarily an assault, but not necessarily a battery. 3. Arrests are made either on mesne or final process. An arrest on mesne process is made in order that the defendant shall answer, after judgment, to satisfy the claim of the plaintiff; on being arrested, the defendant is entitled to be liberated on giving sufficient bail, which the officer is bound to take. 2. When the arrest is on final process, as a ca. sa., the defendant cannot generally be dis charged on bail; and his discharge is considered as an escape.