The Cyclopedic Law Dictionary

Salt water. Reg. Orlg. 97. AQUA TRE8T0RNATA, A stream turned out of its course.

Rights which individuals have to the use of water, and to lands under water. Includes rights of fishing, navigation, etc. ARABANT (Lat.) They ploughed. Applied to vassals who were

In feudal law. To make oath in the church or some other holy place. Cowell; Spelman. ARAHUM (Law Lat. from Saxon or, reverence). A consecrated place. ARALIA (Lat. arare). Land fit

The plowing of land by the tenant, or vassal, in the service of his lord. Whishaw.

Land suitable for the plow; arable land. Spelman.

A person bound to decide according to the rules of law and equity, as that it be according to the judgment of a sound man. Cowell. This distinction between arbiters and arbitrators

A plea to an action brought for the same cause which had been submitted to arbitration, and on which an award had been made. Watson, Arb. 256.

In practice. That punishment which is left to the decision of the judge, in distinction from those defined by statute. ARBITRATION (Lat. arbitratio). In practice. The investigation

Where a merchant pays his debts in one country by a bill of exchange upon another. 2 Mill. Pol. Econ. 168. t

In practice. A private extraordinary judge, to whose decision matters in controversy are referred by consent of the parties. Worcester. "Reference" is of frequent modern use as a s

An award is a judgment. Jenk. Cent. Cas. 137; 3 Bulst. 64.

secundum aequum et bonum. An award Is the judgment of a good man, according to justice. 3 Bulst. 64, ARBOR (Lat.) A tree; a plant; something larger than an herb; a general term inc

In old English law. A boundary tree; a tree used for making a boundary line. Bracton, fols. 167, 207b.

State secrets. 1 Bl. Comm. 337. ARCARIUS (Lat. area). A treasurer; one who keeps the public money. Spelman.

The name of a collection of Saxon laws published during the reign of the English Queen Elizabeth, in the Saxon language, with a Latin version, by Mr. Lambard. Dr. Wilkins enlarged

In ecclesiastical law. The chief of the clergy of a whole province. He has the inspection of the bishops of that province, as well as of the inferior clergy, and may deprive them o

In ecclesiastical law. A ministerial officer subordinate to the bishop. In the primitive church, the archdeacons were employed by the bishop in the more servile duties of collectin

In English law. The lowest court of ecclesiastical jurisdiction in England. It is held before a person appointed by the archdeacon, called his "official." Its jurisdiction is limit

A service of keeping a bow for the lord's use in the defense of his castle. Co. Litt. 157.

See "Court of Arches."

The original copy. ARCHiCAPELLANUS (Law Lat.) In old European law. A chief or high chancellor (summus cancellarius). Spelman.

One who makes it his occupation to form or devise plans and designs and to draw up specifications for buildings or structures and to superintend, their construction. ARCHIVES (Lat.

One to whose care the archives have been confided. ARCTA ET SALVA CU8T0DIA (Lat.) In safe and close custody or keeping. When a defendant is arrested on a capiaB ad satisfaciendum (

In old English law. An incendiary; a house burner. the length of ten metres. The are is equal to 1076.441 square feet

An inclosed yard or opening in a house; an open place adjoining to a house. 1 Chit. Prac. 176.

In Spanish law. Sandy beaches. ARENIFODINA (from areyia, sand, and fodire, to dig). In the civil law. A sand pit. Dig. 7, 1. 13. 6. ARENTARE (Lat.) To rent; to let out at a certain

In ancient Greek law. A lawyer or chief judge of the Areopagus in capital matters in Athens; a tribunal so called after a hill or slight eminence, in a street of that city dedicate

An argument from rescripts (i. e., original writs in the register) is valid. A RESPONSIS (Law Lat.) In ecclesiastical law. One whose office it was to give or convey answers; otherw

See "A Retro."

In heraldry. Silver. ARGENTARII (Lat argentum). Moneylenders. Called, also, nummularii (from nummus, coin) mensarii (lenders by the month). They were so called, whether living in R

Silver; silver plate. 1 Ld. Raym. 20. Uncoined silver; money paid by weight. Spelman. Money paid by tale or counted (pecunia numerata.) Spelman. Goods generally. Spelman. ARGENTUM

By way of reasoning. A plea must be (among other things) di- ARGUMENTUM A COMMUNITER ACcidentibus in Jura frequens est. An argument drawn from things commonly happening is frequent

or ARRIBANNUM (Law Lat.) In old European law. A fine for not joining the army, when called out by public summons. Spelman. The summons or proclamation itself. Spelman. Spelman thin

To dub or make a knight. Cowell. Arma capere or suscipere, to take upon one the order of knighthood. 2 Reeves, Hist. Eng. Law, 288. ARMA IN ARMATOS SUMERE JURA sinunt. The laws per

A government In which a class of men rules supreme.

A form of government where the power is divided between the great men of the nation and the people.

Earnest. Used in Yorkshire in the phrase arles-penny. Cowell. In Scotland it has the same signification. Bell, Diet.

An ancient mode of punishment, which was to carry a saddle at the back as a token of subjection. Spelman. A kind of fine. Spelman.

A cessation of hostilities between belligerent nations for a considerable time. It is either partial and local, or general. It differs from a mere suspension of arms which takes pl

A wortlon of the sea projecting inland, in which the tide ebbs and flows. It includes bays, roads, creeks, coves ports, and rivers where the water flows and reflows. An arm of the

NON SOlum scuta et gladii et galeae, sed et' fustes et lapides continentur. Under the name of "arms" are included not only shields and swords and helmets, but also clubs and stones

Anything that a man wears for his defense, or takes in his hands, or uses in his anger, to cast at or strike at another. Co. Litt. 161b, 162a; Cromp. Jus. Peace, 65; Cunningham. Ev

The military forces of a nation intended for service on land. It does not include the marine corps. 2 Sawy. (U. S.) 200; 21 N. Y. Supp. 104. Contra, 7 Rob. (N. Y.) 635. As used in

In old pleadings. grocer. But see 1 Vent. 142.

A measure of land, of uncertain amount. It was called "arpent," also. Spelman; Cowell. In French Law. A measure of different amount in each of the sixty-four provinces. Guyot, Rep.

or ARPEN. A quantity of land containing a French acre. 4 riall. Law I. 518.

In civil law. Earneet; evidence of a completed bargain. Used of a contract of marriage, as well as any other. Spelled, also, arrha, arrae. Calv. Lex. ARRAGE (Law Fr.) Mad or Insane

To call a prisoner to the bar of the court to answer the matter charged in the indictment. 2 Hale, P. C. 216. To set in order. An assize may be arraigned. Litt. § 242; 3 Mod. 273;

In criminal practice. Calling the defendant to the bar of the court, to answer the accusation contained in the indictment. The first step in the proceeding consists in calling the

CLERK OF. An assistant to the clerk of assise.

An ancient officer of a port, whose business was to load and unload vessels.

In Spanish law. The donation which the husband makes to his wife, by reason or on account of marriage, and in consideration of the dote, or portion, which he receives, from her. As

In practice. The whole body of jurors summoned to attend a court, as they are arrayed or arranged on the panel. See "Challenge;" Dane, Abr. Index; 1 Chit. Crim. Law, 536; Comyn, Di

Arrears. ARREARS (Pr.) The remainder of an account or sum of money in the hands of an accountant. Any money due and unpaid at a given time. Cowell; Spelman.

To accuse. Arrectati, those accused or suspected. ARRENDAMIENTO (Spanish). In Spanish law. The contract of letting and hiring an estate or land (heredac^. White, New Recop. bk. 2,

In Scotch law. He in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he make payment of the sum or

In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst. 3. 6. 1.

In Scotch law. Securing a criminal's person till trial, or that of a debtor till he gives security judicio sisU. The order of a judge, by which he who is debtor in a movable obliga

Pleading in arrest of taking the inquest on a former issue, and showing cause why an inquest should not be taken. Wharton. ARRESTANDiS BONIS NE DISSIPENtur. In English law. A writ

In the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest. There are two kinds of arrhae: One kind give

Services of an indefinite amount formerly exacted from tenants under the Scotch law. Bell, Diet.

A second summons to * join the lord, addressed to those who had neglected the first. A summons of the inferiors or vassals of the lord. Spelman. To be distinguished from aribannum.

In feudal law. The vassal of a vassal. One who held of a vassal of the crown.

To come to a particular place; to reach a particular or certain place. See 1 Brock. (U. S.) 411; 2 Cush. (Mass.) 439; 8 Barn. & C. 119.

The adoption of a person sui juris. 1 Brown, Civ. Law, 119, Dig. 1. 7. 5; Inst. 1. 11. 3.

One of the subdivisions of a department (q. v.) in France. ARSAE ET PENSATAE (Law Lat.) Burnt and weighed. A term formerly applied to money melted and then weighed to test its puri

Storehouses of arms and other military supplies.

Burning in the hand. The punishment inflicted on those who received the benefit of clergy. Termes de la Ley. ARSON (Lat. ardere, to burn). At common law. The malicious burning of t

The trial of money by heating it after it was coined. Now obsolete.

A principle put in practice, and applied to some art, machine, manufacture, Copper-plate printing on the back of a banknote is an art for which a patent may be granted. 4 Wash. C.

WORDS OF. Words used in their technical sense; sometimes words which bear such a sense, without regard to the correctness of their use. ARTHEL (properly ARDDELW, or ARDdel). In Wel

In Scotch law. The offense committed by one who aids and assists the commission of a crime, but who is not the principal or chief actor in its actual commission. An accessary; a pr

A distinct part of an instrument, consisting of two or more particulars. Hence systems of rules and instruments composed of various particulars, or arranged in several divisions, a

One who binds himself by articles to serve in the office of a solicitor, in consideration of receiving instruction.

LORDS OF. A committee of the Scotch parliament, which, in the mode of its election, and by the nature of its powers, was calculated to increase the influence of the crown, and to c

In Scotch law. That part of the proceedings which corresponds to the answer to the charge in an English bill in chancery. Paterso Ut Comp.

In Scotch law. Articulate averments setting forth the facts relied upon. Bell, Diet. That part of the proceedings which corresponds to the charge in our English bill in chancery to

A written memorandum of the terms of an agreement.

The title of the compact which was made by the thirteen original states of the United States of America.

See "Articles of Religion."

A written allegation of the causes for impeachment. They are called by Blackstone a kind of bill of indictment, and perform the same office which an indictment does in a common cri

The papers drawn up by or on behalf of the incorporators of a proposed corporation to be presented for approval to some of Bcer or court.

A written agreement by which the parties enter into a partnership upon the conditions therein mentioned. These ate to be distinguished from agreements to enter into a partnership a

The "Thirty- Nine Articles" of religious dogma drawn up in the reign of James I, and approved by him.

In Scotch law. The conditions under which property is offered for sale at auction. Peterson, Comp.

In Scotch law. An agreement for a lease. Paterson, Comp.

See "Articuli Cleri."

A system of rules for the government of the navy.

A complaint made before a court of competent jurisdiction by one who has just cause to fear that an injury to his person or property is about to be committed or caused by the party

The code of laws established for the government of the army. The term is used in this sense both in England and the United States. The term also includes the code established for t

In Scotch law. Separate adjudication for each of several claims of a creditor. It is so made in order that a mistake in accumulating one debt need not affect. the proceedings on ot

Articles of the clergy; the title of a statute passed in the ninth year of Edw. II. to adjust questions of cognizance between the ecclesiastical and temporal courts. 2 Reeve, Hist.

Articles concerning money, or the currency. The title of a statute passed in the twentieth year of Edward I. 2 Reeve, Hist. Eng. Law, 228; Crabb, Hist. Eng. Law (Am. Ed.) 167.

The preliminary articles, forty-nine in number, upon which the Magna Charta was founded.

St. 28 Edward I. st. 3, confirming and enlarging Magna Charta, and the Cha/rta de Foresta. 2 Reeve, Hist. Eng. Law, 103, 233.

See "In Articulo Mortis."

One by whom something is made. 4 Strobh. (S. C.) 365. A skilled workman. 13 Q. B. Div. 832.

Having Its existence In the given manner by virtue of or in consideration only of the law. An artificial person is a body, company, or corporation considered in law as an individua

In the law of evidence. Presumptions (otherwise termed "legal") which derive from the law a technical or artificial operation and effect beyond their mere natural tendency to belie

The crime is statutory, and consists generally in inducing an unmarried female of previous chaste character to submit to sexual intercourse by promise of marriage, or, in some stat