Page:Black's Law Dictionary (Second Edition).djvu/98

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ARROGATION

tempt to enter: United States v. Open Boat, 5 Mason. 120. 132, Fed. Cars. No. 15.967.

{{anchor+|.|ARROGATION. In the civil law. The adoption of a person who was of full age or out juris. 1 Browne, Civil 8: Adm. Law, 119; Dig. 1, 7, 5: Inst. 1, ll, 3. Reinders v. K01) pelmnnn, 68 M0. -197, 30 Am. Rep. 802

{{anchor+|.|ARRONDISSEMJENT. In France, one of the subdivisions of a department

{{anchor+|.|ARSE ET PENSATE. Burnt and Weighed. A term formerly applied to money tested or assayed 'by fire and by weighing.

A R S E N A L S. Store—houses for arms; dock-yards, magazines, and other military stores.

{{anchor+|.|ARSER IN LE MAIN. Bu.1'nii1g in the hand. The punishment by burning or branding the left thumb of lay offenders who claimed and were allowed the benefit of clergy. so as to distinguish them in case they made a second claim of clergy. 5 Coke, 51; 4 Bl. Comm. 367.

{{anchor+|.|ARSON. Arson, at common law, is the act of unlawfully and mairciouely burning the house of another man. 4 Steph. Comm. 99; 2 Russ. Crimes, 896: Stepb. Cr-irn. Dig 298.

Arson, by the common law, is the willful and malicious burning of the house of an- other. The word “house," as here understood, includes not merely the dwelling- bonse, but all outhuuses which are parcel thereof. State v. McGowan, 20 Conn. 2-15, 52 Am Dec. 336: Graham v. State. -:10 Ala. 664; Allen v. State. 10 Ohio St. 300: State v, Porter, 90 N. O. 719; Hill v. Com.. 98 Pa. 195; State v. McCoy, 162 l\Io. 383, 62 S. W. 991.

Arson is the malicious and wllltul burning of the house or Outhouse of another. Code Ga. 1882, § 4875.

Arson is the willful and malicious burning of a building with intent to destroy it. Pen. Code Cal. § 447.

Degrees of arson. In severai states. this crime is divided into arson in the first, second, and third degrees, the first degree including the burning of an inhabited dwelling-house in the nigbt-time; the second degree, the burning (at night) of a building other tbun a dwelling-house, but so situated with reference to a dviclling- bouse as to cnd:rn;;er_it: the third degree, the burning of any huildiniz hr structure not the subject of arson in the first or second degree. or the burning of property. his own or another's, with intent to defraud or_ prejudice an insurer

thereof. People v. Durlnn, 6 Parker. Cr. R. (N. Y.) 2-18; Peo A’. Fnnsbawc. 6.3 Hun. 77, 19 N. Y Su H‘ State v. McCoy, 1622 Mo.

. pp. . 383, 62 S. W. 991; State v. Jcssup, 42 Kan. 422. 22 Pac. (32.7. {{anchor+|.|ARSUBA. The trial of money by heating it after it was coined. The loss of weight occasioned by this pro-

90 ARTICLES

cess. A pound was said to burn so many pence (tot ardere dc'narc'os) as it lost by the fire. Spelman. The term is now obsolete.

{{anchor+|.|ART. A principle put in practice and applied to some art, machine, manufacture, or composition of matter. Earle v. Sawyer. 4 Mason, 1, Fed. Cas. No. 4,247. See Act Cong. July 8, ISTO.

In the law of patents, this term means a useful art or manufacture which is beneficial and which is described with exactness in its mode of operation. Such an art can be protected only in the mode and to the extent thus described. Smith v. Downing, 22 Fed. Gas. 511; Carnegie Steel Co. v. Cambria Iron Co. (C. C.) 89 Fed 754; Jacobs v Ba- her, 7 Wall. 207. 19 L. Ed. 200; Corning V. Burden, 15 How 267. 14 L Ed. 683.

{{anchor+|.|ART, WORDS 01‘. Words used in 2 technical sense; words scientifically fit to carry the sense assigned tbem.

{{anchor+|.|ART AND PART. 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 accessory. A principal in the second degree Paters. Comp.

{{anchor+|.|ARTHEL, ARDHEL, or AEDDELIO. To avouch; as if a man were taken with stolen goods in his possession he was allowed a lhwfnl arthcl, i. 9., vouchee. to clear bird of the felony: but provision was made against it by 28 Hen. VIII. c. 6. Blount.

{{anchor+|.|ARTICLE. A separate and distinct part of an instrument or writing comprising two or more particuiars: one of several t_hi.ng3 presented as connected or forming a wboie. Carter v. Railroad Co., 126 N. C. 437. 36 S. E. 14; Wetzell v. Dinsmore, 4 Daly (N. Y.) 195.

In English ecclesiastical law. A complaint exhibited in the ecclesiastical court by way of libel. The different parts of a libel. responsive allegation, or counter allegation in the ecclesiastical courts. 3 Bl. Comm. 109.

In Scotch practice. A subject or matter; competent matter. “Article of dittay." 1 Broun. 62. A “point of dittay." 1 Swint. 128, 129.

{{anchor+|.|ARTIGLED CLERK. In English law. A cierk bound to serve in the office of a solicitor in consideration of ‘being instructed in the profession. This is the general accentation of the term: but it is said to be equally applicable to other trades and professions. Reg. v. Reeve, 4 Q. B. 212.

{{anchor+|.|ARTICLES. 1. A connected series of propositions: a system of rules. The subdi- visions of a document, code. book. etc. A

specification of distinct matters agrscd upon