Blacks Law Dict. 1st ed

ARCHDEACON

85

ARBITER

contention, and giving judgment between them; to whose decision (award) the litigants submit themselves either voluntarily, or, in some cases, compulsorily, by order of a court. "Referee" is of frequent modern use as a synonym of arbitrator, but is in its origin of broader signification and less accurate than arbitrator. ARBITRIUM. The decision of an arbi ter, or arbitrator; an award; a judgment. Arbitrium est judioium. An award is a judgment Jenk. Cent. 137. Arbitrium est judicium boni viri, se cundum sequum et bonum. An award is the judgment of a good man, according to justice. 3 Bulst. 64. ARBOR. Lat. A tree; a plant; some thing larger than an herb; a general term in cluding vines, osiers, and even reeds. The mast of a ship. Brissonius. Timber. Alns worth; Calvin. ARBOR OONSANGUINITATIS. A table, formed in the shape of a tree, showing the genealogy of a family. See the arbor civilis of the civilians and canonists. Hale, Com. Law, 335. Arbor dum cresoit, lignum cam ores cere neseit. [That which is] a tree while it grows, [is] wood when it ceases to grow. Cro. Jac. 166; Hob, 776, in marg. ARBOR FINALIS. In old English law. A boundary tree; a tree used for making a boundary line. Bract, fols. 167, 2076. ARCA. Lat. In the civil law. A chest or coffer; a place for keeping money. Dig. 30, 80, 6; Id. 32, 64. Brissonius. ARCANA IMPERIL Bl. Comm. 337. State secrets. 1 ARCARIUS. In civil and old English law. A treasurer; a keeper of public money. Cod. 10, 70, 15; Spelman. ARCHAIONOMIA. A collection of Saxon laws, published during the reign of Queen Elizabeth, in the Saxon language, with a Latin version by Lambard. ARCHBISHOP. In English ecclesias tical law. The chief of the clergy in his prov ince, having supreme power under the king or queen in all ecclesiastical causes. ARCHDEACON. A dignitary of the church who has ecclesiastical jurisdiction im mediately subordinate to that of the bishop,

In the Boman law. A judge invested with a discretionary power. A person ap pointed by the praetor to examine and decide that class of causes or actions termed "bonce fidei," and who had the power of judging ac cording to the principles of equity, (ex cequo et bono;) distinguished from the judex, (q. p.,) who was bound to decide according to •trict law. Inst. 4, 6, 30, 31. ARBITRAMENT. The award or decis ion of arbitrators upon a matter of dispute, which has been submitted to them. Termes de la Ley. ARBITRAMENT AND AWARD. A plea to an action brought for the same cause which had been submitted to arbitration and on which an award had been made. Wats. Arb. 256. Arbitramentum sequum tribult ouique suum. A just arbitration renders to every one his own. Noy, Max. 248. ARBITRARY. Not supported by fair, •olid, and substantial cause, and without reason given. L. R. 9 Exch. 155. ARBITRARY PUNISHMENT. That punishment which is left to the decision of the judge, in distinction from those defined by statute. ARBITRATION. In practice. The in vestigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called "arbitra tors," or "referees." Worcester; 8 Bl. Comm. 16. Compulsory arbitration is that which takes place when the consent of one of the parties is enforced by statutory provisions. Voluntary arbitration is that which takes place by mutual and free consent of the par ties. In a wide sense, this term may embrace the whole method of thus settling controver sies, and thus include all the various steps. But in more strict use, the decision is sepa rately spoken of, and called an "award," and the "arbitration" denotes only the submis sion and hearing. ARBITRATION OP EXCHANGE. This takes place where a merchant pays his debts in one country by a bill of exchange upon another. ARBITRATOR. A private, disinterest ed person, chosen by the parties to a disputed question, for the purpose of hearing their

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