Page:The New International Encyclopædia 1st ed. v. 02.djvu/90

This page needs to be proofread.
ARREST.
74
ARRHID^US.

sentatives, members of Congress and Legislature in attendance upon their duties, and others liable to arrest in civil proceedings. (2) Criminal arrest. — Not only public officers, but private persons as well, may arrest an actual or suspected criminal. For a crime committed in his presence, or for a felony committed, although not in his presence, either a peace officer or a private person may arrest the offender without a warrant (q.v.), and a peace officer is authorized to arrest without a warrant, on reasonable suspicion that the arrested party has committed a felony. This subject is regulated by statutes in each jurisdiction, as is the mode of obtaining a warrant; and the statutes should be examined. A criminal arrest may be made on any day; a peace officer may break into a building to execute a criminal warrant, as well as call upon any person to assist him; and, as a rule, only foreign representatives, with their families and trains, are privileged from criminal arrest. Consult: Hawley, Law of Arrest on Criminal Charges (2d ed., Chicago, 1891); Freeman, A Treatise on the Law of Executions in Civil Cases (3d ed., San Francisco, 1900); and the works mentioned under the articles referred to above.


ARREST, arrest', Heinrich d'. See D'Abrest.


ARREST' OF JUDG'MENT. In the practice of the English common-law courts, an expedient on the part of an unsuccessful defendant, after verdict rendered against him, to have the judgment stayed or arrested, on the ground that there was some error which vitiated the proceedings. If the objection succeeded it was fatal to the prosecution of the plaintiff's cause of action, there being no opportunity for amendment after trial. The severity of this rule has been somewhat modified by legislation, so that, under modern applications of the remedy, the action or prosecution may in a proper case be renewed. At the present day, in the United States as well as in England, a defendant may have the judgment against him arrested only for good and sufficient reason appearing on the record of the case, as where the pleadings are not a sufficient basis for the action, or if there be a fatal variance between the pleadings or indictment and the proof upon which the verdict was rendered. But the existence of facts dehors the record, as the discovery of new evidence, or a verdict reached by the jury against the weight of evidence, will not justify an arrest of judgment. In the former case the court must proceed to judgment, notwithstanding the new facts alleged to exist, and in the latter case the court can only set aside the verdict and order a retrial of the case. This is a very different result from that which attends an arrest of judgment, the effect of which is to set aside all proceedings in the case and dismiss the complaint or indictment. This relief is usually obtained upon the defendant's motion, made after verdict and before judgment, but the court has the power to grant it even if it be not demanded. Judgment once rendered is conclusive, and cannot be arrested. It may, however, under proper circumstances — as where taken by the excusable default of the defendant — be reopened by the court in which it was obtained, or its execution may, for good cause, be stayed on application to a higher court. See Judgment; Stay; and the works there referred to.


ARRETIUM, ar-re'shi-um. An ancient Etruscan city, where, in the war (B.C. 285-282) between allied Italy and Rome, the consul Metellus lost his life. Arretium had refused to join the coalition, and was being besieged, when Metellus marched to its assistance, only to be disastrously defeated before its walls. It is the modern Arezzo.


AR'RHENATHE'RUM (Gk. ἄρρην, arrhēn, male + ἀθήρ, athēr, the beard or spike of an ear of corn). A genus of grasses embracing three species allied to Holcus (see Soft Grass) and Avena (see Oat Grass). The species are tall perennial grasses, with flat leaf-blades and erect panicles, which are often one-sided, Arrhenatherum elatior, known also as avenaceum, Avena elatior, or Holcus avenaceus, is a common grass in Great Britain. It is sometimes called Oat-Grass, from the resemblance to the coarser kinds of oats in the general appearance of the panicle. In France it is very much cultivated for fodder and it is often called French Rye-Grass. It has, however, no affinity to the true rye-grass, Lolium.


ARRHENIUS, ar-ra'ni-us, Svante (1859—). A Swedish physical chemist. He was born near Upsala, and studied physical science at the university of that city. After a brief period of teaching at his alma mater he spent several years abroad, carrying on original investigations in collaboration with some of the best European chemists and physicists of the day, and in 1891 was made professor in the Universitv of Stockholm. Arrhenius's researches have resulted in one of the most important among the recent contributions to science. Confining his attention almost entirely to the relations between electrolytic phenomena and the chemical and physical properties of substances, he succeeded in establishing on a firm basis a general theory, which is now all but universally accepted by the scientific world, viz., the so-called theory of electrolytic dissociation. According to this theory, a substance whose aqueous solution is capable of conducting electricity is broken up in solution into parts charged, some with positive, others with negative electricity Thus, ordinary brine contains, according to Arrhenius's theory, electro-positive 'ions' of the metal sodium, and, separated from them, electro-negative ions of chlorine. The theory reminds one of the old dualistic view of the nature of chemical composition, advanced by Davy and Berzelius in the first part of the Nineteenth Century; and, in the opinion of many authorities, may lead to a revival of those views in some modified form. What is certain is that the theory of electrolytic dissociation furnishes an excellent explanation of a host of chemical phenomena which would otherwise remain entirely unintelligible, and that it correlates a number of different facts, between which no connection could otherwise be detected. Arrhenius's publications include Sur la conductibilité galvanique des électrolytes (1884), a work (in German) on electro-chemistry (1902), and a number of original monographs" contributed to the Zeitschrift für physikalische Chemie. See Dissociation.


AR'RHIDÆ'US (Gk. Ἀρριδαῖoς, Arrhidaios). An illegitimate son of Philip of Macedon by Philinna, a dancing girl of Larissa. He was at Babylon when Alexander died, in B.C. 323, and, though almost an imbecile, was elected king,