KFLCC Kingdom Law 2nd Ed.

87

ARRAS

ARMISCARA

ARPEN, Arpent. A measure of land of uncertain quantity mentioned in Domesday and other old books; by some called an "acre," by others "half an acre," and by others a "furlong." Spelman; Cowell; Blount. A French measure of land, containing one hundred square perches, of eighteen feet each, or about an acre. But the quantity varied in different provinces. Spelman. In Louisiana, the terms "arpent" and "acre" are sometimes used interchangeably; but there is a considerable difference, the arpent being the square of 192 feet and the acre of 209 and a fraction. Randolph v. Sentilles, 110 La. 419, 34 South. 587. ARPENTATOR. A measurer or survey or of land. Cowell; Spelman. ARRA. In the civil law. Earnest; earn est-money; evidence of a completed bargain. Used of a contract of marriage, as well as any other. Spelled, also, Arrha, Arrw. Cal vin. ARRAIGN. In criminal practice. To bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, and reading to him the indictment, (in the Eng lish tongue,) and demanding of him whether he be guilty or not guilty, and entering his plea. Grain v. United States, 162 U. S. 625, 16 Sup. Ct. 952, 40 L. Ed. 1097; Early v. State, 1 Tex. App. 248, 268, 28 Am. Rep. 409; State v. Braunschweig, 36 Mo. 397; "White*, head v. Com., 19 Grat. (Va.) 640; United States v. McKnight (D. C.) 112 Fed. 982; State v. Hunter, 181 Mo. 316, 80 S. W. 955; State v. De Wolfe, 29 Mont. 415, 74 Pac. 1084. In old English law. To order, or set in order; to conduct in an orderly manner; to prepare for trial. To arraign an assise was to cause the tenant to be called to make the plaint, and to set the cause in such order as the tenant might be enforced to answer there unto. Litt § 442; Co. Litt. 2626. ARRAIGNMENT. In criminal practice. Calling the defendant to the bar of the court, to answer the accusation contained in the indictment. ARRAIGNS, CLERK OF. In English law. An assistant to the clerk of assise. ARRAMETJR. In old French law. An officer employed to superintend the loading of vessels, and the safe stowage of the cargo. 1 Pet. Adm. Append. XXV. ARRAS. In Spanish law. The donation which the husband makes to his wife, by rea son or on account of marriage, and in con sideration of the dote, or portion, which he receives from her. Miller v. Dunn, 62 Mo. 219; Cutter v. Waddingham, 22 Mo. 254.

applied, also, to the higher servants In con vents. Spelman. ARMISCARA. An ancient mode of pun ishment, which was to carry a saddle at the back as a token of subjection. Spelman. ARMISTICE. A suspending or cessation of hostilities between belligerent nations or forces for a considerable time. ARMORIAL BEARINGS. In English law. A device depicted on the (now imagi nary) shield of one of the nobility, of which gentry is the lowest degree. The criterion of nobility is the bearing of arms, or armorial bearings, received from ancestry. A r m o r u m appellatione, non solum scuta et gladil et galeae, sed et fustes ei lapides continentur. Under the name of arms are included, not only shields and swords and helmets, but also clubs and stones. Co. Litt. 162. ARMS. Anything that a man wears for his defense, or takes in his hands, or uses in his anger, to cast at or strike at another. Co. Litt. 161b, 162a; State v. Buzzard, 4 Ark. 18. This term, as it is used in the constitution, relative to the right of citizens to bear arms, refers to the arms of a militiaman or soldier, and the word is used in its military sense. The arms of the infantry soldier are the mus ket and bayonet; of cavalry and dragoons, the sabre, holster pistols, and carbine; of the artillery, the field-piece, siege-gun, and mortar, with side arms. The term, in this connection, cannot be made to cover such weapons as dirks, daggers, slung-shots, sword canes, brass knuckles, and bowie-knives. These are not military arms. English V. State, 35 Tex. 476, 14 Am. Rep. 374; Hill v. State, 53 Ga. 472; Fife v. State, 31 Ark. 455, 25 Am. Rep. 556; Andrews v. State, 3 Heisk. (Tenn.) 179, 8 Am. Rep. 8; Aymette v. State, 2 Humph. (Tenn.) 154. Arms, or coat of arms, signifies insignia, i. e., ensigns of honor, such as were formerly assumed by soldiers of fortune, and painted on their shields to distinguish them; or nearly the same as armorial bearings, (q. v.) ARMY. The armed forces of a nation in tended for military service on land. "The term 'army' or 'armies' has never been used by congress, so far as I am advised, so as to include the navy or marines, and there is nothing in the act of 1862, or the circumstan ces which led to its passage, to warrant the con clusion that it was used therein in any other than its long established and ordinary sense,— the land force, as distinguished from the navy and marines." In re Bailey, 2 Sawy. 205, Fed. Cas. No. 728. But see In re Stewart, 7 Rob. (N. Y.) 636. AROMATARITJS. A word formerly used for a grocer. 1 Vent. 142.