KFLCC Kingdom Law 2nd Ed.

89

ARRESTER

ARRIVE

ARRIERE FIEF, or FEE. In feudal law. A fief or fee dependent on a superior one; an inferior fief granted by a vassal of the king, out of the fief held by him. Mon tesq. Esprit des Lois, liv. 31, cc. 26, 32.

creditor of the latter by the process of arrest' merit. 2 Karnes, Eq. 173, 175. ARRESTER. In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst 3, 6, L ARRESTMENT. In Scotch law. Secur ing a criminal's person till trial, or that of a debtor till he give security judicio sisti. The order of a judge, by which he who is debtor In a movable obligation to the arrester's debt or is prohibited to make payment or delivery till the debt due to the arrester be paid or secured. Ersk. Inst 3, 6, 2. In Scotch law. A process to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a foreigner's goods within the jurisdiction, and these will not be releas ed unless caution or security be given. ALIENIGENORUM. In old English law. A writ against the goods of aliens found within this kingdom, in rec ompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg. Orig. 129. The ancient civilians called it "clarigatio" but by the moderns it is term ed "reprisalia." ARRET. Fr. A judgment, sentence, or •decree of a court of competent jurisdiction. The term is derived from the French law, and is used in Canada and Louisiana. Saisie arrest is an attachment of property in the hands of a third person. Code Prac. La. art. 209; 2 Low. Can. 77; 5 Low. Can. 198, 218. The convening a person charged with a crime be fore a judge. Staundef. P. C. 45. It is used sometimes for imputed or laid unto; as no folly may be arretted to one under age. Cowell. ARRESTMENT JURISDICTIONS FUNDANDiE CAUSA. ARRESTO FACTO SUPER BONIS MERCATORUM ARRETTED. Charged; charging. ARRHJE. In the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest. In Eng lish and Scotch law. Indefinite services for merly demandable from tenants, but prohib ited by statute, (20 Geo. II. c. 50, §§ 21, 22.) Holthouse; Ersk. Inst 2, 6, 42. In feudal law. A sec ond summons to join the lord, addressed to those who had neglected the first. A sum mons of the inferiors or vassals of the lord. Spelman. ARRIAGE AND CARRIAGE. ARRIER BAN. ARRHABO. In the civil law. Earnest; money given to bind a bargain. Calvin.

ARRIERE VASSAL.

In feudal law.

The vassal of a vassal.

ARRIVAL. The arrival of a vessel means an arrival for pur poses of business, requiring an entry and clearance and stay at the port so long as to require some of the acts connected with busi ness, and not merely touching at a port for advices, or to ascertain the state of the mar ket, or being driven in by an adverse wind and sailing again as soon as it changes. Gronstadt v. Witthoff (D. C.) 15 Fed. 265; Dalgleish v. Brooke, 15 East, 295; Kenyon V. Tucker, 17 R. I. 529, 23 Atl. 61; Meigs v. In surance Co., 2 Cush. (Mass.) 439; Toler v. White, 1 Ware, 280, 24 Fed. Cas. 3; Harrison v. Vose, 9 How. 384, 13 L. Ed. 179. "A vessel arrives at a port of discharge when she comes, or is brought, to a place where it is intended to discharge her, and where is the usu al and customary place of discharge. When a vessel is insured to one or two ports, and sails for one, the risk terminates on her arrival there. If a vessel is insured to a particular port of discharge, and is destined to discharge cargo successively at two different wharves, docks, or places, within that port, each being a distinct place for the delivery of cargo, the risk ends when she has been moored twenty-four hours in safety at the first place. But if she is destined to one or more places for the delivery of cargo, and delivery or discharge of a portion of her cargo is necessary, not by reason of her having reached any destined place of delivery, but as a necessary and usual nautical measure, to enable her to reach such usual and destined place of delivery, she cannot properly be considered as having arrived at the usual and customary place of discharge, when she is at anchor for the pur pose only of using such means as will better en able her to reach it. If she cannot get to the destined and usual place of discharge in the port because she is too deep, and must be light ered to get there, and, to aid in prosecuting the voyage, cargo is thrown overboard or put into lighters, such discharge does not make that the place of arrival; it is only a stopping-place in the voyage. When the vessel is insured to a particular port of discharge, arrival within the limits of the harbor does not terminate the risk, if the place is not one where vessels are dis charged and voyages completed. The policy covers the vessel through the port navigation, as well as on the open sea, until she reaches the destined place." Simpson v. Insurance Co., Holmes, 137, Fed. Cas. No. 12,886. T6" reach or come to a partic ular place of destination by traveling to wards it. Thompson v. United States, 1 Brock. 411, Fed. Cas. No. 407. In insurance law. To reach that particu lar place or point in a harbor which is the ultimate destination of a vessel. Meigs v. In surance Co., 2 Cush. (Mass.) 439, 453. The words "arrive" and "enter" are not always synonymous; there certainly may be an arrival without an actual entry or at- In marine Insurance. ARRIVE.