ARM OF THE SEA. Lord Coke defines an arm of the sea to be where the sea or tide flows or reflows. Constable's Case, 5 Co. 107. This term includes bays, roads, creeks2, coves3, ports, and rivers where the water flows and reflows, whether it be salt or fresh. Ang. Tide Wat. 61. Vide Creek1; Haven4; Navigable; Port; Reliction; River; Road.
ARMISTICE5. A cessation of hostilities6 between belligerent7 nations for a considerable time. It is either partial and local, or general. It differs from a mere8 suspension of arms which takes place to enable the two armies to bury their dead, their chiefs to hold conferences or pourparlers, and the like. Vattel, Droit des Gens, liv. 3, c. 16, 233. The terms truce9, (q. v.) and armistice, are sometimes used in the same sense. Vide Truce.
ARMS. Any thing that a man wears for his defence, or takes in his hands, or uses in his anger, to cast at, or strike at another. Co. Litt. 161 b, 162 a; Crompt. Just. P. 65; Cunn. Dict. h. t.
2. The Constitution of the United States, Amendm. art. 2, declares, "that a well regulated militia10 being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed11." In Kentucky, a statute12 " to prevent persons from wearing concealed13 arms," has been declared to be unconstitutional; 2 Litt. R. 90; while in Indiana a similar statute has been holden valid14 and constitutional. 3 Blackf. R. 229. Vide Story, Const. – 1889, 1890 Amer. Citizen, 176; 1 Tuck. Black. App. 300 Rawle on Const. 125.
ARMS, heraldry. Signs of arms, or drawings painted on shields, banners, and the like. The arms of the United States are described in the Resolution of Congress, of June 20, 1782. Vide Seal of the United States.
ARPENT. A quantity of land containing a French acre. 4 Hall's Law Journal, 518.
ARPENTATOR, from arpent. A measurer or surveyor of land.
ARRAIGNMENT15, crim. law practice. Signifies the calling of the defendant16 to the bar of the court, to answer the accusation17 contained in the indictment18. It consists of three parts.
2. – 1. Calling the defendant to the bar by his name, and commanding him to hold up his hand; this is done for the purpose of completely identifying the prisoner, as the person named in the indictment; the holding20up his hand is not, however, indispensable, for if the prisoner should refuse to do so, he may be identified by any admission that he is the person intended. 1 Bl. Rep. 3.
3. – 2. The reading of the indictment to enable him fully19 to understand, the charge to be produced against him; The mode in which it is read is, after' saying, " A B, hold up your hand," to proceed, "you stand indicted20 by the name of A B, late of, &c., for that you on, &c." and then go through the whole of the indictment.
4. – 3. After this is concluded, the clerk proceeds to the third part, by adding, " How say you, A B, are you guilty or not guilty?" Upon this, if the prisoner, confesses the charge, the confession21 is recorded, and nothing further is done till judgment22 if, on the contrary, he answers "not guilty", that plea is entered for him, and the clerk or attorney general, replies that he is guilty; when an issue is formed. Vide generally, Dalt. J. h. t.; Burn's J. h. t.; Williams; J. h. t.; 4 Bl. Com. 322; Harg. St. Tr. 4 vol. 777, 661; 2 Hale, 219; Cro. C. C. 7; 1 Chit. Cr. Law, 414.
ARRAMEUR, maritime23 law. The name of an ancient officer of a port, whose business was to load and unload vessels24.
2. In the Laws of Oleron, art 11, (published in English in the App. to 1 Pet. Adm. R. xxv.) some account of arrameurs will be found in these words: " There were formerly25, in several ports of Guyenne, certain officers called arrameurs, or stowers, who were master-carpenters by profession, and were paid by the merchants, who loaded the ship. Their business was to dispose right, ana Stow closely, all goods in casks, bales, boxes, bundles or otherwise to balance both sides, to fill up the vacant spaces, and manage every thing to the best advantage. It was riot but that the greatest part of the ship's crew understood this as well as these stowers but they would not meddle26 with it, nor undertake it, to avoid falling under the merchant's displeasure, or being accountable for any ill accident that might.happen by that means. There were also sacquiers, who were very ancient officers, as may be seen in the 14th book of the Theodosian code, Unica de Saccariis Portus Romae, lib. 14. Their business was to load and unload vessels loaded with salt, corn, or fish, to prevent the ship's crew defrauding27 the merchant by false tale, or cheating him of his merchandize otherwise." See Sacquier; Stevedore28.