Page:Black's Law Dictionary (Second Edition).djvu/97

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ABRESTER

creditor of the latter by the process of arrest- ment. 2 Karnes, E1}. 173, 175.

{{anchor+|.|ARRESTER. In Scotch law. One who rues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst. 3, 6, 1.

{{anchor+|.|ARRESTMENT. In Scotch law. Securing a criminai‘s person till trial, or that of a dt-rtor till he give security judicio sisti. The order of a Judge, by which he who is debtor in a movable obligation to the arr-esters debt- or is prohibited to make payment or delivery till the debt due to the arrester be paid or secured Erslc Inst 3, 6, 2.

{{anchor+|.|ARRESTMENT AJUEISDIGTIONIS FUNDANDIE GAUSA. In Scotch law. A prw-ess to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a l!orerc:ner’s goods within the Jurisdiction, and these Will not be released unless caution or security be given.

{{anchor+|.|ARRESTO FAGTO SUPER BONIS MERCATORUM ALIENIGENORUM. in old English law. A Writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denlzen in a foreign country. after denial of restitution. Rea. Orig. 1" The ancient civilians called it "clurigatio but by the moderns it is term- ed "W‘pi'l8(Llill."


{{anchor+|.|ARRQT. Fr. A judgment, sentence, or durce of 1 court of competent jurisdiction. The term IS derived from the French law, and is used in Canada and Louisiana. Saisie an-ct la an attachment of property in the bmds of a third person. Code Prac. La. art. 209: 2 LOW Can 77: 5 LOW. Can. 198, 218.

{{anchor+|.|ARRETTED. Charged: charging. The convening a person charged with a crime before a judge. Staundef. P. C. 45. It is used sometimes for imputul or laid unto: as no folly may be arretted to one under age. Cowell.

{{anchor+|.|ARRHABO. 1n the civil law. Earnest; money given to bind a bargain. Calvin.

AER]-IIE. In the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest.

ARRIAGE AND CARRIAGE. In Eng- iiab and Scotch law. Indefinite services formerly demandable from tenants, but prohib- ited by statute (20 Geo. II. c. 50, §§ 21. 22.) Eoithouse, Ersk. Inst. 2, 6, 42.

{{anchor+|.|ARRIER BAN. In feudal law. A second summons to join the lord, addressed to those ubo had neglected the first. A sum- alone of the interiors or vassals of the lord. Speilnan.

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{{anchor+|.|ARRIVE {{anchor+|.|ARRIERE FIE1‘, or FILE. In feudal law. A flef or fee dependent on a superior

one; an inferior flef granted by a vnssal of the king, out of the def held by him. Montesq. Esprit des Lois, liv. 31, cc. 26, 32.

{{anchor+|.|ARRIERE VASSAL. The vassai of a vassal.

In feudal law.

{{anchor+|.|ARRIVAL. In rnnrine insurance. The arrivui of a vessel means an arrival for purposes of business, requiring an entry and clearance and stay at the port so long as to require some of the acts connected with busi- ness, and not merely touching at a port for advices, or to ascertain thu smte of the mar- ket, or being driven in by an adverse wind and sailmg again as soon as it changes. Gronstadt v. Witthotf (D. C.) 15 Fed. 265: Dalgleish v. Brooke, 15 East, 295; Kenyon v. Tucker, 17 B. I. n-9, 23 At]. 61; Meigs v. Insurance Co., 2 Cnsh. (Mass) 439; Toler v. White, 1 Ware, 280, 24 Fed. Cas. 3: Harrison v. Vose, 9 How. 384, 13 L. Ed. 179.

“A vessel arrives at a port of discharge when she comes, or is brought. to a place where it intended to discharge her. nnd where is the usu- al and customary place of discharge. When a \csscl is insured to one or two ports, and sails for one, the risk terminates on her arrival there. If a vessel is insured to a particular port of discharge, and is destined to discharge cargo successively ut two uliiferent wharves, docks: or plncts, within that port. each being a distinct place for the delivery of cargo, the risk ends when she has been moored twenty-four hours in safety at the tlrst place. But if she is destined to one or more places for the delivery of cargo, and delivery or discharge of a portion of her cargo is ncccssarv. not luy reason of her having reached any d 'ned place of delivery, but as a necessary and usual nautical measure, to enable her to reach such usual and destined place of delivery, she cannot properly be considered as having arrived at the usual and customary place of discharge, when she is at anchor for the purpose only of using such means as will better enable her to reach it. If she cannot get to the destined and usual place of discharge in the port because she is too deep, and must be lightered to get there, and, to aid in prosecuting the voyage, cargo is thrown overboard or put into li::hters. such rlisehnrge, does not make that the place of arrival: it is only a stopping-place in the voyage. “When the vessel is insured to a particular port of discharge, arrival within the limits of the harbor does not terminate the risk, if the place is not one where vessels are discharged and voyages completed. The policy covers the vessel through the port navigation, as well as on the open sea. until she reaches the destined place." Simpson v. Insurance Cu., Holmes, 1711', Fed. C215. No. 12.880.

{{anchor+|.|ARRIVE. To reach or come to a partic- ular piace of destination by traveling to- 'wui‘ds it. Thompson v. United States, 1 Brock. 411 Fed. Cns. No. 407.

In insurance law. To reach that particu- lar place or point in a harbor which is the ultimate destination of a vessel. Megs v. Insurance Co._ 2 Cush. (Mass) 439, 453.

The words “arrive" and ‘‘enter are not nluays synonymous; there certainly may be an arriral without an actual entry or at-

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