Encyclopaedia Britannica, 11th Edition, "Armour Plates" to "Arundel, Earls of"
4. The arrest by hue and cry is where officers and private persons are
2915 words | Chapter 125
concerned in _pursuing_ felons, or such as have dangerously wounded
others. By the Fugitive Offenders Act 1881, provision was made for the
arrest in the United Kingdom of persons committing treason, and felony
in any of the British colonies and vice versa; as to the arrest of
fugitives in foreign countries see EXTRADITION.
The remedy for a wrongful arrest is by an action for false imprisonment.
In Scotland the law of arrest in criminal procedure has a general
constitutional analogy with that of England, though the practice differs
with the varying character of the judicatories. Colloquially the word
arrest is used in compulsory procedure for the recovery of debt; but the
technical term applicable in that department is _caption_, and the law
on the subject is generically different from that of England. There
never was a practice in Scottish law corresponding with the English
arrest in mesne process; but by old custom a warrant for caption could
be obtained where a creditor made oath that he had reason to believe his
debtor meditated flight from the country, and the writ so issued is
called a warrant against a person _in meditatione fugae_. Imprisonment
of old followed on ecclesiastical cursing, and by fiction of law in
later times it was not the creditor's remedy, but the punishment of a
refractory person denounced rebel for disobedience to the injunctions of
the law requiring fulfilment of his obligation. The system was reformed
and stripped of its cumbrous fictions by an act of the year 1837.
Although the proceedings against the person could only follow on
completed process, yet, by a peculiarity of the Scottish law, documents
executed with certain formalities, and by special statute bills and
promissory notes, can be registered in the records of a court for
execution against the person as if they were judgments of the court.
The general principles as to the law of arrest in most European
countries correspond more or less exactly to those prevailing in
England.
An _arrest of a ship_, which is the method of enforcing the admiralty
process _in rem_, founded either on a maritime lien or on a claim
against the ship, is dealt with under ADMIRALTY JURISDICTION.
See also article ATTACHMENT.
_Arrest of Judgment_ is the assigning just reason why judgment should
not pass, notwithstanding verdict given, either in civil or in criminal
cases, and from intrinsic causes arising on the face of the record.
_United States._--The law of arrest assimilates to that existing in
England. Actual manual touching is not necessary (_Pike_ v. _Hanson_, 9
N.H. 491; _Hill_ v. _Taylor_, 50 Mich. 549); words of arrest by the
officer, not protested against and no resistance offered, are sufficient
(_Emery_ v. _Chesley_, 18 N.H. 198; _Goodell_ v. _Tower_, 1904, 58 Am.
Rep. 790). Words of arrest, staying over night at prisoner's house,
going with him before the magistrate next day constitute arrest
(_Courtery_ v. _Dozier_, 20 Ga. 369). Restraining a person in his own
house is arrest.
In civil cases in most of the states arrest for debt is abolished,
except in cases of fraud or wilful injury to persons or property by
constitutional provision or by statute. One arrested under process of a
federal court cannot be arrested under that of a state court for the
same cause. There is no provision in the United States constitution as
to imprisonment for debt, but congress has enacted (in Rev. Stat., s.
990) that all the provisions of the law of any state applicable to such
imprisonment shall apply to the process of federal courts in that state.
A woman can be arrested in New York for wilful injury to person,
character or property, and in certain other cases (Code, s. 553). The
president, federal officials, governors of states, members of congress
and of state legislatures (during the session), marines, soldiers and
sailors on duty, voters while going to and from the polls, judges, court
officials (1904, 100 N.W. 591), coroners and jurors while attending upon
their public duties, lawyers, parties and witnesses while going to,
attending or returning from court, and generally married women without
separate property, are exempt from arrest.
In criminal cases a bench-warrant in New York may be served in any
county without being backed by a magistrate (Code Crim. Proc., s. 304).
In Nebraska one found violating the law may be arrested and detained
until a legal warrant can be issued (Crim. Code, s. 283). A bail may
lawfully recapture his principal (1905) 121 Georgia Rep. 594. Foreign
ambassadors and ministers and their servants are exempt from arrest.
Exemption from arrest is a privilege, not of the court, as in England,
but of the person, and can be waived (_Petrie_ v. _Fitzgerald_, 1 Daly
401).
ARRESTMENT, in Scots law, the process by which a creditor detains the
goods or effects of his debtor in the hands of third parties till the
debt due to him shall be paid. It is divided into two kinds: (1)
Arrestment in security, used when proceedings are commencing, or in
other circumstances where a claim may become, but is not yet,
enforceable; and (2) Arrestment in execution, following on the decree of
a court, or on a registered document, under a clause or statutory power
of registration, according to the custom of Scotland. By the process of
arrestment the property covered is merely retained in place; to realize
it for the satisfaction of the creditor's claim a further proceeding
called "furthcoming" is necessary. By old practice, alimentary funds,
i.e. those necessary for subsistence, were not liable to arrestment. By
the Wages Arrestment Limitation (Scotland) Act 1870, the wages of all
labourers, farm-servants, manufacturers, artificers and work-people are
not arrestable except (1) in so far as they exceed 20s. per week; but
the expense of the arrestment is not to be charged against the debtor
unless the sum recovered exceed the amount of the said expense; or (2)
under decrees for alimentary allowances and payments, or for rates and
taxes imposed by law.
ARRETIUM (mod. _Arezzo_), an ancient city of Etruria, in the upper
valley of the Arno, situated on the Via Cassia, 50 m. S.E. of Florentia.
The site of the original city is not quite certain; some writers place
it on the isolated hill called Poggio di S. Cornelio, 2-1/2 m. to the
S.E., where remains of a fortified _enceinte_ still exist (cf. F. Noack
in _Romische Mitteilungen_, 1897, p. 186); while others maintain, and
probably rightly, that it occupied the hill at the summit of the modern
town, where the medieval citadel (_fortezza_) was erected, and which was
enclosed by an ancient wall. Numerous Etruscan tombs have been
discovered within the lower portion of the area of the modern town,
which appears to correspond in site with the Roman (_C.I.L._ xi. p.
1082; G. Gamurrini in _Notizie degli scavi_, 1883, 262; 1887, 437).
Vitruvius (ii. 8. 9) and Pliny (_Nat. Hist._ xxxv. 173) speak of the
strength of its walls of bricks, but these have naturally disappeared.
Many remains of Roman buildings have been discovered within the modern
town, and the amphitheatre is still visible in the southern angle.
Arretium appears as one of the cities which aided the Tarquins after
their expulsion. It was an opponent of Rome at the end of the 4th and
beginning of the 3rd century B.C., but soon sought for help against the
attacks of the Gauls, against whom it was almost a frontier fortress. It
was an important Roman base during the Hannibalic wars (though at one
time it threatened defection--Livy xxvii. 21-24), and in 205 B.C. was
able to furnish Scipio with a considerable quantity of arms and
provisions (Livy xxviii. 45). In 187 B.C. the high road was extended as
far as Bononia. Arretium took the part of Marius against Sulla, and the
latter settled some of his veterans there as colonists. Caesar, or
Octavian, added others, so that there are three classes, _Arretini
veteres, Fidentiores_, and _Iulienses_. A considerable contingent from
Arretium joined Catiline and in 49 B.C. Caesar occupied it. C.
Maecenas[1] was perhaps a native of Arretium. Its fertility was famous
in ancient times, and still more the red pottery made of the local clay,
with its imitation of chased silver. The reliefs upon it are sometimes
of considerable beauty, and large quantities of it, and the sites of
several of the kilns, have been discovered in and near Arretium. It was
also considerably exported. See _Corp. Inscrip. Lat._ xi. (Berlin, 1901)
p. 1081, and _Notizie degli scavi, passim_ (especially, 1884, 369, for
the discovery of a fine group of the moulds from which these vases were
made). The museum contains a very fine collection of these and a good
collection of medieval majolica. (T. As.)
FOOTNOTE:
[1] The name Cilnius was apparently never borne by Maecenas himself,
though he is so described, e.g. by Tacitus, _Ann_. vi. II, cf.
Macrob. ii. 4, 12. The Cilnii with whom Maecenas was connected were a
noble Etruscan family.
ARRHENIUS, SVANTE AUGUST (1859- ), Swedish physicist and chemist, was
born on the 19th of February 1859, at Schloss Wijk, near Upsala. He
studied at Upsala from 1876 to 1881 and at Stockholm from 1881 to 1884,
then returning to Upsala as privat-docent in physical chemistry. He
spent two years from 1886 to 1888 in travelling, and visited Riga
Polytechnic and the universities of Wurzburg, Graz, Amsterdam and
Leipzig. In 1891 he was appointed lecturer in physics at Stockholm and
four years later became full professor. Arrhenius is specially
associated with the development of the theory of electrolytic
dissociation, and his great paper on the subject, _Recherches sur la
conductibilite galvanique des electrolytes_--(1) _conductibilite
galvanique des solutions aqueuses extremement diluees_, (2) _theorie
chimique des electrolytes_, was presented to the Stockholm Academy of
Sciences in 1883. He was subsequently continuously engaged in extending
the applications of the doctrine of electrolytic conduction in relation
not only to the problems of chemical action but also, on the supposition
that in certain conditions the air conducts electrolytically, to the
phenomena of atmospheric electricity. In 1900 he published a _Larobok i
teoretik elektrokemi_, which was translated into German and English, and
his _Lehrbuch der kosmischen Physik_ appeared in 1903. In 1904 he
delivered at the university of California a course of lectures, the
object of which was to illustrate the application of the methods of
physical chemistry to the study of the theory of toxins and antitoxins,
and which were published in 1907 under the title _Immunochemistry_. In
his _Worlds in the Making_ (1908), an English translation of _Das Werden
der Welten_ (1907), he combated the generally accepted doctrine that the
universe is tending to what Clausius termed _Warmetod_ through
exhaustion of all sources of heat and motion, and suggested that by
virtue of a mechanism which maintains its available energy it is
self-renovating, energy being "degraded" in bodies which are in the
solar state, but "elevated" or raised to a higher level in bodies which
are in the nebular state. He further put forward the conception that
life is universally diffused, constantly emitted from all habitable
worlds in the form of spores which traverse space for years or ages, the
majority being ultimately destroyed by the heat of some blazing star,
but some few finding a resting-place on bodies which have reached the
habitable stage.
ARRIA, in Roman history, the heroic wife of Caecina Paetus. When her
husband was implicated in the conspiracy of Scribonianus against the
emperor Claudius (A.D. 42), and condemned to death, she resolved not to
survive him. She accordingly stabbed herself with a dagger, which she
then handed to him with the words, "Paetus, it does not hurt" (_Paete,
non dolet_; see Pliny, _Epp._ iii. 16; Martial i. 14; Dio Cassius lx.
16). Her daughter, also called Arria, was the wife of Thrasea Paetus.
When he was condemned to death by Nero, she would have imitated her
mother's example, but was dissuaded by her husband, who entreated her to
live for the sake of their children. She was sent into banishment
(Tacitus, _Annals_, xvi. 34).
ARRIAN (FLAVIUS ARRIANUS), of Nicomedia in Bithynia, Greek historian and
philosopher, was born about A.D. 96, and lived during the reigns of
Hadrian, Antoninus Pius and Marcus Aurelius. In recognition of his
abilities, he received the citizenship of both Athens and Rome. He was
greatly esteemed by Hadrian, who appointed him governor (_legatus_) of
Cappadocia (131-137), in which capacity he distinguished himself in a
campaign against the Alani. This is the only instance before the 3rd
century in which a first-rate Roman military command was given to a
Greek. Arrian spent a considerable portion of his time at Athens, where
he was archon 147-148. With his retirement or recall from Cappadocia his
official career came to an end. In his declining years, he retired to
his native place, where he devoted himself to literary work. He died
about 180. His biography, by Dio Cassius, is lost.
When young, Arrian was the pupil and friend of Epictetus, who had
probably withdrawn to Nicopolis, when Domitian expelled all philosophers
from Rome. He took verbatim notes of his teacher's lectures, which he
subsequently published under the title of _The Dissertations_ ([Greek:
Diatribai]), in eight books, of which the first four are extant and
constitute the chief authority for Stoic ethics, and _The Encheiridion_
(i.e. Manual) _of Epictetus_, a handbook of moral philosophy, for many
years a favourite instruction book with both Christians and pagans. It
was adapted for Christian use by St Nilus of Constantinople (5th
century), and Simplicius (about 550) wrote a commentary on it which we
still possess.
The most important of Arrian's original works is his _Anabasis of
Alexander_, in seven books, containing the history of Alexander the
Great from his accession to his death. Arrian's chief authorities were,
as he tells us, Aristobulus of Cassandreia and Ptolemy, son of Lagus
(afterwards king of Egypt), who both accompanied Alexander on his
campaigns. In spite of a too indulgent view of his hero's defects, and
some over-credulity, Arrian's is the most complete and trustworthy
account of Alexander that we possess.
Other extant works of Arrian are: _Indica_, a description of India in
the Ionic dialect, including the voyage of Nearchus, intended as a
supplement to the _Anabasis; Acies Contra Alanos_, a fragment of
importance for the knowledge of Roman military affairs; _Periplus of the
Euxine_, an official account written (131) for the emperor Hadrian;
_Tactica_, attributed by some to Aelianus, who wrote in the reign of
Trajan; _Cynegeticus_, a treatise on the chase, supplementing Xenophon's
work on the same subject; the _Periplus of the Erythraean Sea_,
attributed to him, is by a later compiler. Amongst his lost works may be
mentioned: [Greek: Ta mer Alexandron], a history of the period
succeeding Alexander, of which an epitome is preserved in Photius;
histories of Bithynia, the Alani and the Parthian wars under Trajan; the
lives of Timoleon of Syracuse, Dion of Syracuse and a famous brigand
named Timoleon. Arrian's style is simple, lucid and manly; but his
language, though pure, presents some peculiarities. He was called
"Xenophon the younger" from his imitation of that writer, and he even
speaks of himself as Xenophon.
Complete works ed. F. Dubner (1846); _Anabasis_, C. Abicht (1889);
with notes, C.W. Kniger (1835), C. Sintenis (1867) C. Abicht (1875);
_Scripta Minora_, R. Hercher and A. Eberhard (1885), A.J. Roos, i.,
containing the _Anabasis_ (Teubner series, 1907). English translations
_Anabasis_, Rooke (1812), _Anabasis_ and _Indica_, E.J. Chinnock
(1893); _Voyage of Nearchus_ with the spurious _Periplus_, W. Vincent
(1807), J.W. M'Crindle (Calcutta, 1879), _Periplus of the Euxine_, W.
Falconer (1805), Cynegettcus [W. Dansey] (1831). See also E. Bolla,
_Arriano di Nicomedia_ (1890); E. Schwartz in Pauly-Wissowa's
_Realencyclopadie der classischen Altertumswissenschaft_ (1896), H.F.
Pelham, "Arrian as Legate of Cappadocia," in _English Historical
Review_, October 1896; article GREECE: _History, ancient_,
"Authorities."
ARRIS (Fr. _areste_, or _arete_), in architecture, the sharp edge or
angle in which two sides or surfaces meet.
ARRONDISSEMENT (from _arrondir_, to make round), an administrative
subdivision of a department in France. Dating nominally from 1800, the
arrondissement was really a re-creation of the "district" of 1790. It
comprises within itself the canton and the commune. It differs from the
department and from the commune in being merely an administrative
division and not a complete legal personality with power to acquire and
possess. The purposes for which it exists are, again, unlike those of
the department and the commune, comparatively limited. It is the
electoral district for the chamber of deputies, each arrondissement
returning one member; if the population is in excess of 100,000 it is
divided into two or more constituencies. It is also a judicial district
having a court of first instance. It is under the control of a
sub-prefect. There are 362 arrondissements in the 87 departments. Each
arrondissement has a council, with as many members as there are cantons,
whose function is to subdivide among the communes their _quota_ of the
direct taxes charged to the arrondissement by the general council of the
department. (See FRANCE) Somewhat different from the arrondissements of
the department are the arrondissements (20 in number) into which Paris
is divided. They bear a certain resemblance to the sub-municipalities
created in London by the London Government Act 1899, and each forms a
local administrative unit (see PARIS).
France is also subdivided, for purposes of defence, into five _maritime_
divisions, termed arrondissements. Instituted originally under the
Consulate, they were suppressed in 1815, but re-established again in
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