KFLCC Kingdom Law 2nd Ed.

90

ABROGATION

ARTICLES

tempt to enter. United States r. Open Boat, 5 Mason, 120, 132, Fed. Oas. No. 15,967. ABROGATION. In the civil law. The adoption of a person who was of full age or sui juris. 1 Browne, Civil & Adm. Law, 119; Dig. 1, 7, 5; Inst. 1, 11, 3. Reinders v. Kop pelmann, 68 Mo. 497, 30 Am. Rep. 802. ARRONDISSEMENT. In France, one of the subdivisions of a department ARSiE ET PENSATiE. Burnt and weighed. A term formerly applied to money tested or assayed by fire and by weighing. ARSENALS . Store-houses for arms; dock-yards, magazines, and other military stores. ARSER IN LE MAIN. Burning in the hand. The punishment by burning or branding the left thumb of lay offenders who claimed and were allowed the benefit of clergy, so as to distinguish them in case they made a second claim of clergy. 5 Coke, 51; 4 Bl. Comm. 367. ARSON. Arson, at common law, is the act of unlawfully and maliciously burning the house of another man. 4 Steph. Comm. 99; 2 Russ. Crimes, 896; Steph. Crim. Dig. 298. Arson, by the common law, is the willful and malicious burning of the house of an other. The word "house," as here under stood, includes not merely the dwelling house, but all outhouses which are parcel thereof. State v. McGowan, 20 Conn. 245, 52 Am. Dec. 336; Graham v. State, 40 Ala. 664; Allen v. State, 10 Ohio St. 300; State v. Porter, 90 N. C. 719; Hill v. Com., 98 Pa. 195; State v. McCoy, 162 Mo. 383, 62 S. W. 991. Arson is the malicious and willful burning of the house or outhouse of another. Code Ga. 1882, § 4375. Arson is the willful and malicious burning of a building with intent to destroy it. Pen. Code Cal. § 447. Degrees of arson. In several states, this crime is divided into arson in the first, second, and third degrees, the first degree including the burning of an inhabited dwelling-house in the night-time; the second degree, the burning (at night) of a building other than a dwelling-house, but so situated with reference to a dwelling house as to endanger it; the third degree, the burning of any building or structure not the subject of arson in the first or second degree, or the burning of property, his own or another's, with intent to defraud or prejudice an insurer thereof. People v. Durkin, 5 Parker, Cr. R. (N. Y.) 248; People v. Fanshawe, 65 Hun, 77, 19 N. Y. Supp. 865; State v. McCoy, 162 Mo. 383, 62 S. W. 991; State v. Jessup, 42 Kan. 422, 22 Pac 627. ARSTJRA. The trial of money by heating it after it was coined. The loss of weight occasioned by this pro

cess. A pound was said to burn so many pence (tot ardere denarios) as it lost by the fire. Spelman. The term is now obsolete. ART. A principle put in practice and ap plied to some art, machine, manufacture, or composition of matter. Earle v. Sawyer, 4 Mason, 1, Fed. Cas. No. 4,247. See Act Cong. July 8, 1870. In the law of patents, this term means a useful art or manufacture which is beneficial and which is described with exactness in its mode of operation. Such an art can be pro tected only in the mode and to the extent thus described. Smith v. Downing, 22 Fed. Cas. 511; Carnegie Steel Co. v. Cambria Iron Co.