Blacks Law Dict. 1st ed

84

APTA VIRO

ARBITER

AQUAGIUM. A canal, ditch, or water course running through marshy grounds. A mark or gauge placed in or on the banks of a running stream, to indicate the height of the water, was called "aquagaugium." Spelman. AQUATIC RIGHTS. Rights which in dividuals have to the use of the sea and rivers, for the purpose of fishing and naviga tion, and also to the soil in the sea and riv ers. ARABANT. They plowed. A term of feudal law, applied to those who held by the tenure of plowing and tilling the lord's lands within the manor. Cowell. ARAHO. In feudal law. To make oath in the church or some other holy place. All oaths were made in the church upon the rel ics of saints, according to the Ripuariao laws. Cowell; Spelman. ARALIA. Plow-lands. Land fit for the plow. Denoting the character of land, rather than its condition. Spelman. ARATOR. A plow-man; a farmer of ara ble land. ARATRUM TERRJE. In old English law. A plow of land; a plow land; as much land as could be tilled with one plow. Whishaw. ARATURA TERRiE. The plowing of land by the tenant, or vassal, in the service of his lord. Whishaw. ARATURIA. Land suitable for the plow; arable land. Spelman. ARBITER. A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the roles of law and equity, as distinguished from an arbi trator, who may proceed wholly at his own dis cretion, so that it be according to the judgment of a sound man. Cowell. According to Mr. Abbott, the distinction is as follows: "Arbitrator" is a technical name of a person selected with reference to an established system for friendly determination of controver sies, which, though not judicial, is yet regulated by law; so that the powers and duties of the ar bitrator, when once he is chosen, are prescribed by law, and his doings may be judicially revised if he has exceeded his authority. u Arbiter" is an untechnical designation of a person to whom a con troversy is referred, irrespective of any law to govern the decision; and is the proper word to sig nify a referee of a question outside of or above municipal law. But it is elsewhere said that the distinction be tween arbiters and arbitrators is not observed is modern law. Buss. Arb. 118.

APTA VIRO. Fit for a husband; mar riageable; a woman who has reached mar riageable years. APUD ACTA. Among theacts; among the recorded proceedings. In the civil law, this phrase is applied to appeals taken orally, in the presence of the judge, at the time of judgment or sentence. AQUA. In the civil and old English law. Water; sometimes a stream or water-course. AQUA .ESTIVA. In Roman law. Summer water; water that was used in sum mer only. Dig. 43, 20, 1, 3, 4. Aqua cedit solo. Water follows the land. A sale of land will pass the water which covers it. 2 Bl. Comm. 18; Co. Litt. 4. AQUA CURRENS. Running water. Aqua ourrit et debet ourrere, at cur rere solebat. Water runs, and ought to run, as it has used to run. 3 Bulst. 339; 3 Kent, Comm. 439. A running stream should be left to flow in its natural channel, without alteration or diversion. A fundamental max im in the law of water-courses. AQUJE DUCTUS. In the civil law. A servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. Dig. 8, 3, 1; Inst. 2, 3. AQUA DUTiCIS or FRISCA. Fresh water. Reg. Orig. 97; Bract, fols. 117, 135. AQUA FONTANEA. Spring water. Fleta, lib. 4, c. 27, § 8. AQU.ffil HAUSTUS. In the civil law. A servitude which consists in the right to draw water from the fountain, pool, or spring of another. Inst. 2, 3, 2; Dig. 8, 3, 1,1. AQUJE IMMITTENDJG. A civil law easement or servitude, consisting in the right of one whose house is surrounded with other buildings to cast waste water upon the adja cent roofs or yards. Similar to the common law easement of drip. 15 Barb. 96. AQUA PROFLUENS. Flowing or run ning water. Dig. 1, 8, 2. AQUA QUOTIDIANA. In Roman law. Daily water; water that might be drawn at all times of the year, (qua quis quotidiepossit

uti, si velleU) Dig. 43, 20, 1-4. AQUA SALSA. Salt water.

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