This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...force, it is an arrest: Id. Arrest, what is, and effect of: See 19 Am. Dec. 485-493, note. Manual touching of the body or actual force is not necessary to constitute an arrest and imprisonment; it is sufficient if the party is within the ofcer's power and submits to the arrest: Bissell v. Gold, 19 Am. Dec. 480. Arrest is constituted where there has been submission to an authority over one's person asserted by virtue of a pretended warrant: Haskins v. Young, 31 Am. Dec. 426. Wrongful arrest, who liable for: Bissell v. Gold, 19 Am. Dec. 490. Arrest on both civil and criminal process.--An officer, armed with process for the arrest of a person in a civil action, cannot take the person from the hands of another officer who holds him on a warrant 835. How an arrest is made, and what restraint allowed. issued in a criminal case; in such cases the interest of the private suitor must yield to the paramount interest of the people: Ex parte Rosenblat, 51 Cal. 285. Sec. 835. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention. Arrest without warrant: Doc. 65-70, note. Arrest, what acts may lawfully be done for purpose of making: See 61 Am. Dec. 151-164, note. Homicide committed in making arrest: Sec. 196, note. Arrest, how made.--In those cases in which an arrest is not submitted to, there must be an actual physical caption or manual touching of the body. The party must be deprived of his liberty, or there must be some restraint thereof. Words are not sufficient: Genncr v. Sparkes, 1 Salk. 79; Russen v. Lucas, 1 Car. & P. 153. If, however, the party submits to the arrest...