Page:Black's Law Dictionary (Second Edition).djvu/93

This page needs to be proofread.
ARCHIVIST
85
ARGUMENTUM A COMMUNITER

selves thus preserved: thus we say the archives of a college, of a monastery, a public office. etc. Texas M. Ry. Co. v. Jarvis. 69 Tex. 537. 7 S. W. 210; Guillbean v. Mays. 15 Tex. 410.

ARCHIVIST. The custodian of archives.

ARCTA ET SALVA CUSTODIA. Lat. In strict and safe custody or keeping. When a defendant is arrested on a capius ad satisfaciendum, (ca. sa.,) he is to be kept arcta et salvo custodi. 3 Bl. Comm. 415.

AEDENT SPIRITS. Spirituous or distilled liquors. Sarlis v. U. S.. 152 U. S. 570, 14 Sup. Ct. 720, 38 L. Ed. 556: U. S. v. Ellis (D. C.) 51 Fed. 508: State v. Townley, 18 N. J. Law. 311. This phrase, in a statute. does not include alcohol, which is not a liquor of any kind. State v. Martin, 34 Ark. 340.

ARDOUR. In old English law. An incendiary; a house burner.

ARE. A surface measure in the French law, in the form of a square, equal to 1076,441 square feet.

AREA. An inclosed yard or opening in A house: an open place adjoining a house. 1 Chit. Pr. 176.

In the civil law. A vacant space in a city; a place not built upon. Dig. 50. 16. 211.

The site of a house: a site for building; the space where a house has stood. The ground on which a house is built, and which remains after the house is removed. Brisonius; Calvin.

ARENALES. In Spanish law. Sandy beaches; or grounds on the banks of rivers. White, Recap. b. 2, tit. 1, c. 6.

ARENDATOR. A farmer or renter; in some provinces of Russia, one who farms the public rents or revenues: a "crown arendator" is one who rents au estate belonging to the crown.

ARENIFODINA. In the civil law. A sand-pit Dig. 7, 1, 13, 5.

ARENTARE. Lat. To rent; to let out at a certain rent. Cowell. Arentailo. A renting.

AREOPAGITE. In ancient Greek law. A lawyer or chief judge of the Areopagus in Capital matters in Athens; a tribunal so called after a hill or slight eminence, in a street of that city dedicated to Mars, where the court was held in which those Judges were wont to sit. Wharton.

AREIRO. in arrear; behind. Also written a retro.

ARG. An abbreviation of arguendo.

ARGENT. In heraldry. Silver.

ARGENTARIUS. In the Roman law. I money lender or broker; a dealer in money; a banker. Argentarium, the instrument of the loan. similar to the modern word "bond" or "note."

ARGENTAJRIUS MILES. A money porter in the English exchequer, who carries the money from the lower to the upper exchequer to be examined and tested. Spelman.

ARGENTEUS. An old French coin, answering nearly to the English shilling. Spelman.

ARGENTUM. Silver; money.

—Argentum album. Bullion: uncoined silver: common silver coin: silver coin worn smooth. Cowell: Spelmun.—Argentum Dei. God's money: God's penny; money given as earnest in making a bargain, Cowell.

ARGUENDO. In arguing; in the course of the argument. A statement or observation made by a Judge as a matter of argument or illustration, but not directly bearing upon the case at bar, or only incidentally involved in it, is said (in the reports) to he made arguendo, or, in the abbreviated form, arg.

ARGUMENT. In rhetoric and logic, an inference drawn from premises, the truth of which is indisputable, or at least highly probable.

The argument of a demurrer, special case, appeal, or other proceeding involving a question of law, consists of the speeches of the opposed counsel; namely, the "opening" of the counsel having the right to begin, (q. v.) the speech of his opponent, and the "reply" of the first counsel. It answers to the trial of a question, of fact. Sweet. But the submission of printed briefs may technically constitute an argument. Malcomb v. Hamill. 65. Prac. (N. Y.) 506; State v. California Min. Co. 13 Nev. 209.

ARGUMENT AB INCONVIINIENTI. An argument arising from the inconvenience which the proposed construction of the law would create.

ARGUMENTATIVE. In pleadin. Indirect; inferential. Steph. Pl. 179.

A pleading is so called in which the statement on which the pleader relics is implied instead of being expressed, or where it contains, In addition to proper statements of facts, reasoning or arguments upon those facts and their relation to the matter in dispute, such as should be reserved for presentation at the trial.

Argumentum a communiter accidentibus in jure freqnens est. An argument