KFLCC Kingdom Law 2nd Ed.

83

ARBITRATOR

AQUAGIUM

law easement of drip. Bellows T. Sackett, 15 Barb. (N. Y.) 96. 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." Spel man. Rights 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. 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. 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 Ripuarian laws. Oowell; Spelman. Plow-lands. Land fit for the plow. Denoting the character of land, rath er than its condition. Spelman. AQUAGIUM. AQUATIC RIGHTS. ARABANT. ARAHO. ARALIA.

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 wquo et bono;) distinguished from the judex, (q. v.,) who was bound to decide according to strict law. Inst 4, 6, 30, 31. The award or deci sion 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 tribnit cuiqne suum. A just arbitration renders to every one his own. Noy, Max. 248. Not supported by fair, solid, and substantial cause, and without rea son given. Treloar v. Bigge, L. R. 9 Exch. 155. —Arbitrary government. The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter depends on the will of the depart ments or some of them. Kamper v. Hawkins, 1 Va. Cas. 20, 23.— Arbitrary punishment. That punishment which is left to the decision of the judge, in distinction from those defined by statute. In practice. The in vestigation and determination of a matter or matters of difference between contending par ties, by one or more unofficial persons, chos en by the parties, and called "arbitrators," or "referees." Duren v. Getchell, 55 Me. 241; Henderson v. Beaton; 52 Tex. 43; Boy den v. Lamb, 152 Mass. 416, 25 N. E. 609; In re Curtis-Castle Arbitration, 64 Conn. 501, 30 Atl. 769, 42 Am. St. Rep. 200. 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 clanse. A clause inserted in a contract providing for compulsory arbitration in case of dispute as to rights or liabilities un der it; ineffectual if it purports to oust the courts of jurisdiction entirely., See Perry v. Cobb, 88 Me 435, 34 Atl. 278, 49 L. R. A. 389. — Arbitration of exchange. This takes place where a merchant pays his debts in one country by a bill of exchange upon another. ARBITRAMENT. ARBITRARY. ARBITRATION.

ARATOR.

A plow-man; a farmer of ara

ble land.

ARATRUM TERRiE. In old English law. A plow of land; a plow-land; as much land as could be tilled with one plow. Whis haw. The plowing of land by the tenant, or vassal, in the service of his lord. Whishaw. ARATURA TERRiE.

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 rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his own discretion, 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 arbitrator, when once he is chosen, are prescrib ed by law, and. his doings may be judicially revised if he has exceeded his authority. "Arbi ter" is an untechnical designation of a person to whom a controversy is referred, irrespective of any law to govern the decision; and is the proper word to signify a referee of a question, outside of or above municipal law. But it is elsewhere said that the distinction between arbiters and arbitrators is not observed in modern law. Russ. Arb. 112. In the Roman law. A judge Invested with a discretionary power. A person ap

ARBITRATOR. A private, disinterested person, chosen by the parties to a disputed