ARR 



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appatite, Werner is of opinion that it 

 may contain a small portion of phospho- 

 ric acid; but neither Klaproth nor The- 

 nard have been able to detect in it any 

 thing 1 but lime and carbonic acid. It is 

 found in France, and in the Pyrenean 

 mountains. Its specific gravity makes it 

 intermediate between calc-spar and ap- 

 patite. 



ARRAIGNMENT, in law, the arraign- 

 ing 1 or setting 1 a thing in order, as a per- 

 son is said to arraign a writ of novel dis- 

 seisin, who prepares and fits it for trial. 

 It is most properly used to call a person 

 to answer in form of law upon an indict- 

 ment, &c. at the suit of the king. 



The arraignment is to take care that 

 the prisoner appears to be tried, and hold 

 up his hand at the bar, for the certainly of 

 the person, and plead a sufficient plea to 

 the indictment. The prisoner is to hold 

 up his hand only in treason and felony ; 

 but this is only a ceremony : if he owns 

 that he is the person, it is sufficient with- 

 out it ; and then, upon his arraignment, 

 his fetters are to be taken ofF. A prisoner 

 under indictment of the highest crime 

 must be brought to the bar without irons, 

 shackles or bonds. This is the law ; but, 

 to the disgrace of our courts, it is almost 

 wholly disregarded, and prisoners are ge- 

 nerally tried in their irons. 



ARRANGEMENT, in music, is that 

 extension, selection, and disposal of the 

 movements and parts of a composition, 

 which fit and accommodate it to the pow- 

 ers of some instrument or instruments for 

 which it was not originally designed by 

 the composer. 



ARREARS, the remainder of a sum 

 due, or money remaining in the hands of 

 an accountant. It signifies also, more 

 generally, the money that is due for rent 

 unpaid for land or houses ; likewise what 

 remains unpaid of pensions, taxes, or any 

 other money payable annually, or at any 

 fixed term. 



ARREST, in civil cases, is a legal re- 

 straint of a person charged with some 

 debt to an individual : and, in criminal 

 cases, for some crime against the state ; 

 and it is executed in pursuance of the 

 command of some court of record, or offi- 

 cer of justice. Certain persons are pri- 

 vileged from arrests, as members of par- 

 liament, peeresses by birth, marriage, &c., 

 members of convocation actually attend- 

 ing them, ambassadors, domestic servants 

 of umbaesadi.rs, king's servants, mar- 

 shals, or \\ar-lens of the fleet, clerks, at- 

 tormcs, o, 1 other persons attending the 

 courts of justice, clergymen performing 



divine service, suitors, witnesses supoena- 

 ed, and other persons necessarily attend- 

 ing any court of record upon business, 

 bankrupts coming to surrender within 

 42 days after their surrender, witnesses 

 properly summoned before commission- 

 ers of bankruptcy, or other commissioners 

 of great seal, sailors and volunteer soldiers, 

 unless the debt be 201. , officers of court, 

 only where they are sued in their rights, 

 but not if as executors or administrators, 

 nor in joint actions. No writ, process, 

 warrant, &.c. (except for treason, felony, or 

 for breach of the peace,) shall be served 

 on Sunday ; but a person arrested the day 

 before may be retaken on the Sunday. 

 No person can be arrested out of a supe- 

 rior court, unless the cause of action be 

 107. and upwards ; an arrest must be by 

 corporal seizing, or touching the defen- 

 dant. An officer cannot justify breaking 1 

 open an outward door or window to exe- 

 cute process, unless a stranger, who is 

 not of the family, upon a pursuit, take re- 

 fuge in the house of another. The cham- 

 ber of a lodger is not to be considered 

 as his outer door. No officer shall carry 

 his prisoner to any tavern without his 

 consent, nor to gaol within 24 hours after, 

 his arrest, unless he refuses to go to some 

 safe house. In criminal cases, the causes 

 of suspicion which justify the arrest of a 

 person for felony are, the common fame 

 of the country, the living a vagrant, idle, 

 disorderly life, without any visible means 

 to support it; the being in company with 

 a known offender at the time of the of- 

 fence ; the being found in circumstances 

 which induce a strong presumption of 

 guilt ; behaviour betraying a conscious- 

 ness of guilt; and the being pursued by 

 hue and cry. But none of these causes 

 will justify the arresting a man for the 

 suspicion of crimes, unless a crime has 

 been actually committed. 



ARREST of judgment : to move in arrest 

 of judgment, is to shew cause why judg- 

 ment should not be stayed, notwithstand- 

 ing a verdict given. The causes of arrest 

 of judgment are, want of notice of trial; 

 where the plaintiff before trial treats the 

 jury; the record differs from the deed 

 pleaded; for material defect in pleading; 

 where persons are misnamed ; more is 

 given and found by the verdict than laid 

 in the declaration; or, the declaration 

 doth not lay the thing with certainty. 



ARRONDEE, in heraldry, a cross, the 

 arms of which are composed of sections 

 of a circle not opposite to each other, so 

 as to make the arms bulge out thicker in 

 one part than another : but the sections 



