Page:Black's Law Dictionary (Second Edition).djvu/91

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AQUAGIUM 83 law easement of drip. Bellows 1. Sackett. 15 Barb. (N. Y.) 96.

AQUAGIUM. A canal, (litch, or water- course running through marshy grounds. A iii.irk or gauge placed in or on the banks of a running stream, to indicate the height of the a uter, was eolled "aquuguuyium." Speliuan.

AQUATIC RIGHTS. Ihghts which indi- viduals have to the use of the sea and rivers, for the purpose of fishing and navigation, and also to the soil in the sea and rivers.

{{anchor+|.|ARABANT. They plowed. A term of feuiizil law, applied to those who held by ilie tenure of plowing and tilling the lord's Iaiiiils within the manor. Cowell.

{{anchor+|.|ARA]-I0. In feudal law. To make oath in the ciiurch or some other holy place. All o.itbs were made in t.Lie church upon the rel- hs of saints, according to the Ripuarian Liws Cowell; Speiman.

{{anchor+|.|ARALIA. Plow-lnnds. Land fit for the piniv. Denoting the character of land. rather thnn its condition. Speiman.

{{anchor+|.|ARATOR. hie land

A plow—man; a farmer of ara-

{{anchor+|.|ARATRUM TERRA-I. In old English laiv. A plow of land; a plow-laud; as much hind as could be tilled with one plow. Whisiiiiiv.

AEATURA TERR1!-I. The plowing of land by the tenant, or vassnl, in the service of his but Whishaw.

{{anchor+|.|ARATURIA. Lund suitable for the plow; arable land. Spelman.

{{anchor+|.|ARBITER. A person chosen to decide a colli.i'o\ersy; an arbitrator, referee.

A person bound to decide according to the rules of low and equity, as distinguished from an nrhilriitor, who may prors-ed wholly at his ni-.n dbcretion, so that it be according to the jiiiigrncut of a sound man. Cowell.

.-iccnrding to Mr. Abbott, the distinction is as haiuivs: "Arbitrator" is a technical n:m‘(- of R [iIf‘l)D selected with reference to an established sybtcm for friendly determination of controversiis. iirbich. though not judicial, is yet regulated hv law; so that the powers and duties of the ru-liirutor, when onie he is choscn, are 1)l‘esCrib- ml by law, and his doings may be judicially refined if he has exceeded his nuthority. " r i- iii" is an untechnicai designation of a person in whom a controversy is ref rreil, irrespective i-I tiny law to govern the doc ion; rim] is the [Il'UtEl' word to signify a referee of in question uuiude of or above municipal law.

iiiit it is elsewhere said that the distinction between arbitare and arbitrators is not observed in innit-rn law. Russ. Arb. 112.

In the Roman law. A judge tnvested with a discretionary power. A person ap-


pointed by the Ill'lEiZ0i" to examine and decide that class of causes or actions termed “bomz ficlci." and who had the power of judging according to the principles of equity, (em wquo et Dona,-) distinguished from the judo», (q. v.,) who was bound to decide according to strict law. Lust. 4. G. 30. 31.

{{anchor+|.|ARBITRAMENT. The award or decl-

sion of arbitrators upon it matter of dispute, which has been submitted to them. Termes de la Ley. —A_x-bit:-ament and award. A plea to an action brought for the same cause which bad been submitted to urbitraiion and on iihich an award had been made. Wats. Arb. 256.

Arbitramentum mquum trihnit cuiqne nuum. A just arbitration renders to every one his own. Noy, Max. 243.

{{anchor+|.|ARBITRARY. Not supported by fair,

solid, and substantial cause, and without rea- son given. Treloar v. Bigge, L. R. 9 Exch. 155. —A1-bit:-nry government. The diifercnce between a free and an arbitrary government is that in the former iiinits iire .issi;:ued to those to whom the ndininistrat-inn is committed, but the latter depends on the “ill of lbe dcn:irt- niunts or some of them. Kainper v. l'inwkins. 1 Vii. Cos. 20, 23.-—Al:bitrn1'y punishment. Thnt piiui.-bmmt which is left to the decision of the judge, in distinction from those defined by statute.

{{anchor+|.|ARBITRATION. In practice. The in- vestigation and determination of a matter or mallers of d.iiife1'ence iietivcen contending parties. iiy one or more unofficial persons, chosen by the parties, and called "arbitrators." or "referees." Diiren v. Getchell, 55 Me. 241; l'i(-uderson v Re'itnn'. 2 Tex. 4 Boy- deu v. Lamb. 1.12 \l.iss. 416. 25 N. E. 60!); In re t‘urtis-Castle Arbitration, 64 Conn. 50]. 50 Atl. T05), 42 km. St Rep. 200.

Compulsory a1'bi!rntiun is that which takes place when the consent of one of the parties is enforced by statutory provisions.

Voluntary] arlritraiiaii is which takes place by mutual and free consent of the [inrties.

In a Wide sense, this term may enilirace the whole method or thus settling controversies, and thus include all the various steps. But in more strict use, the dccision is separately poiien of, and called an “awal'd," ilud the "arliiti'ation" denotes only the submission and hearing.

—A1-liiimntion clause. A clause inserted in II contract prmiliin;-, for cornpuisory arbitration in case of dispute as to rights or liabilities under it: ineifectual if it purports to oust the _‘ ction entirnig. See Peri-v v. Cobb. 88 Me. , 34 Ati. 278. -19 L. R. A. 39'). —Ar:l1it:n.tion of exchange. This takes place where a merchant Days his debts in one country by a bill of exchange upon another.

{{anchor+|.|ARBITRATOR. A private, disinterested pt.-i-son, chosen by the parties to a disputed