rule was made for fubmiffion to such arbitration, &c. before the last day of the term next after fuch arbitration made and published to the party. No freehold, though the fubmiffion is by deed, nor lease for years, of land, may be adjudged from one to another. Thus debts due on record, matters concerning matrimony, or criminal offences, cannot be made matters of Arbitrament; but if men enter into bond, with condition (as is ufual) to ftand to the arbitrament or award (though it concern freehold) the bond may be forfeited for nonperformance of the condition, 1 Roll. ab. 242, & feq. 9. Rep. 78. 1 Cro. 223. Neither natural nor legal disabilities do hinder any one from being an arbitrator; if they are incompetent judges, the fault is in those that chufe them. They are called Arbitrators, because they have an arbitrary power. If their judgment be according to the fubmiffion: if they obferve their fubmiffion, and keep within their jurisdiction, their sentences are definitive, from which there lies no appeal. As all fubmiffions are ufually by bond, conditionally, fo as the award be made in writing, and ready to be delivered to the parties, or to fuch of them as fhall require the fame; the parties having fo bound themselves, are obliged to take notice of the award at their peril, unless the words of fubmiffion are fo, that the award be delivered to each party by fuch a day, for then it must be delivered to each party accordingly. To award a thing to be done by a franger, and fometimes to a ftranger, who is not party to the fubmiffion, or to make an award upon another thing that is not fubmitted, or dependent on the thing fubmitted, is void; but where the award is of feveral things, part within the fubmiffion, and part out of it, it is voidable for that which is out of the fubmiffion, and good for the refidue. It ought to be equal, and not on one fide only; for it muft appoint either party to give or do fomething beneficial or advan tagious. An award fhall not be unravelled in a court of equity, unless there was corruption in the arbitrators. If all things are done bona fide, the arbitrament fhall be expounded, according to the intent of the arbitrators, if agreeable to law, and not literally, Rep. 78. 8 Rep. 98. 10 Rep. 131. If arbitrators chufe an umpire before the time allowed for their award be expired, 'tis ipfo facto void, though they abfolutely refolve to make no award themfelves; and when their time is expired, if the arbitrators chufe one, their authority is executed; and they cannot revoke, or chufe again, though the perfon élect refuse to accept. Aliter, if they chufe their umpire, upon condition that he does accept the umpirage, for then he is not umpire unless he accept it. ARCHTELIN, a corn meafure in Holland, equal to three pecks Ave quarts and a pint English. ARMOURERS. ARMOURERS. This company was incorporated in 1423, by K. Henry the VIth, who became one of their members. The Brafiers are united with this company; and they are jointly governed by a mafter, two wardens, and twenty-one affiftants: There are eighty members on the livery, whose fine is 15 1. Their hall is in Coleman-Street. ARREST. No man shall be taken, imprisoned, or diffeised of his freehold, but by judgment of his peers, or according to the law of the land, as is declared in Magna Charta. Perfons arrefted without just cause shall have their cofts. If any one caufe another to be arrested in a fictitious name, he fhall fuffer fix months imprisonment, and pay treble cofts; and the defendant fhall have cofts in all actions where the plaintiff is nonfuited. A prifoner in cuftody need pay for nothing but what he calls for; and if he be carried to prison, may fend for his own beding, provifion, &c. Prifoners for debt, and felons, fhall be kept in different parts of the prison. A known bailiff need not fhew his warrant. He cannot break open doors to arrest a man. Peers of the realm, and members of the house of commons, during the time of privilege, cannot be arrested any more than corporations and companies; and against these the proceeding is by diftringas: attornies, clerks of the offices, and officers of the courts, are also privileged from arrefts: and if they are arrested, they may plead their privilege, and come off without bail. Inftitutio Legalis 20. Where the husband is arrested, for the debt or trefpafs of the wife, he must appear or give bail, both for himself and his wife, as the cause requires: but if a writ be against husband and wife, and the wife only is arrested, upon the entering a common appearance she shall be discharged. It is not fufficient for a bailiff to fay, I arreft you at the fuit of, &c. but he muft lay hold of the defendant, or touch him, otherwife 'tis no Arreft. Salk. 79. If an action be entered in either of the compters in London, a ferjeant may arreft the party without the fheriff's warrant, Trin. 22. Car. B. R. For the entry of the action there, is a warrant in law for the Arreft, and the ferjeants are attendants at the compters, and may take notice of fuch entries, it being the cuftom of the city used time out of mind. Prac. Regist. 72. Generally the bailiff cannot justify the breaking open a house to arreft a man; but where an officer took the defendant by the hand, as he held it out of a window, it was deemed a good Arrest; and that the bailiff might afterwards juftify breaking open the doors for his prifoner, 1 Ventr. 306. An Arreft may be by night or day. 9 Rep. 66. If the perfon arrested make refistance, or affault the officer, he may juftify the beating of him; and if the party be killed, 'tis C 2 juftifiable, juftifiable, D. & Stud. Dial. z. cháp. 41. But if the officer be killed in doing his duty, 'tis murder, malice being implied in this cafe, and notwithstanding the procefs be erroneous, 9 Rep. 67, 68. Genner, a bailiff, having a warrant against Sparks, went to him in his yard; and, being at some distance, told him he had a warrant, and faid, he arrefted him. Sparks having a fork in his hand, keeps off the bailiff from touching him, and retreats into his houfe. And this was moved as a contempt; and Per Cur, the bailiff, cannot have an attachment; for here was no Arreft, nor refcous; bare words will not make an Arrest: but, if the bailiff had touched him, that had been an Arrest, and the retreat a refcous, and the bailiff might have pursued and broke open the house, or might have had an attachment or a rescous against him; but as this cafe is, the bailiff has no remedy, but an action for the affault, for the holding up of the fork at him when he was within reach, is good evidence of that. Salk. 79. On procefs out of a fuperior court, where the cause of action is under 10l. and out of inferior courts, when under 40 s. the defendant is not to be arrested, but perfonally ferved with a copy of the process; and not appearing at the return, the plaintiff may enter an appearance for him, and proceed, &c. No bailiff fhall carry any perfon arrested to a tavern, òr alehouse, or private house, without his confent, &c. nor carry him to prifon within twenty-four hours, or demand any greater fum than the law allows for the Arrest or waiting till bail is given, &c. or receive more for a night's lodging, or day's diet, &c. than allowed by justices of peace. ARTIFICERS. Perfons enticing Artificers into foreign fervice, fhall pay a fine not exceeding one hundred pounds, and be im. prifoned for three months, 5 Geo. cap. 27. Any Artificer, or manufacturer, going into a foreign country, to teach or exercise his trade, fhall forfeit his eftate real and perfonal, be difabled to be an executor or adminiftrator, incapable of receiving a legacy, or inheriting an estate, and be deemed an alien out of the King's protection. The perfon enticing an Artificer to leave the realm, and the artificer contracting or preparing to go abroad may be compelled by a justice of peace to give fecurity to appear at the next feffions or affizes, where they may be indicted for the offence, and punifhed, unless fuch artificer give fufficient fecurity not to depart the kingdom. ARUNDEL, in Suffex, 55 miles from London. Markets on Wednesdays and Saturdays. Fairs, May 2, Auguft 10, September 14, December 6. Carrier, the Queens-head, Southwark, Thursdays. ASHBORN, in Derbyshire, 108 Miles from London. Markets on Saturdays. Fairs, May 3 and 10. September 29. October 8. November 27. The firft Thursday in March, and the first Thursday in June. Carrier, Caftle, Woodftreet, Monday. Swan with two Necks,-Lad-Lane, Monday. ASHBURY ASHBURY in Berkshire. lane, Wednesday. Carrier, at the Bell, in Warwick ASHBY DE LA ZOUCH, in Leicesterfhire, 98 miles from London. Markets on Saturdays. Fairs, Eafter-Tuesday, Whitfun-Tuesday, August 24, October 28. Carrier, at the Ax in Aldermanbury, Monday. ASHFORD, in Kent, 57 miles from London. Market on Tuef. day. Carrier, Dark-houfe-Lane, Billingfgate, Thursday. Talbot ale-house, in the Strand, Thurfday. ASHWELL. Carrier, Catherine-Wheel, Bishopsgate-Street, Tuesday. Vine, ditto, Saturday. ASPER. ATurkish coin, about the value of three farthings. ASSETS. Those goods and chattels which belong to the teftator at the time of his death, and which do come to the hands of the executor, are called Affets (from the French affez, enough), or fufficient goods and chattels, to make the executor chargeable (as far as the faid goods and chattels extend) to a creditor, or legatee. Affets in the hands of one executor are affets in the hands of all the executors ; but fuch things as are not valuable, or not to be fold, (as a prefentation to a church actually void, &c.) fhall not be accounted Affets. The goods of other men in the hands of the executor fhall not be Affets. If the cattle of the teftator do breed after his death, the young fhall be Affets: So wool growing on the fheeps backs, goods and chattels, mortgaged to the teftator, and not redeemed, or the money wherewith they were redeemed, shall be Affets: But if the lands are only devised to be fold, the money and profits of the faid lands fhall not be accounted Affets, Wood. 555. Office. Exec. Chap. 6. All goods and chattels, debts, &c. that are recovered by the executor, by action, after the death of the teftator, fhall be accounted Affets, but not before they are recovered; for if the executor do never recover, or get a debt into his poffeffion, he shall never be charged, provided he hath used his utmost endeavour to recover it, and cannot do it: Damages recovered for goods taken away in the life of the teftator fhall be Affets. If an obligee or creditor, is made executor, the debt is Affets; but he may pay himself before any other, in equal or inferior degree. If the obligee, or creditor, make the obligor, or debtor executor, it is a release of the debt, even in the cafe of an infant; but his debt shall be Affets for so much to other creditors, if there be no other Affets befides. If an executor of his own wrong, to whom twenty pounds is owing, doth feize goods to the value of twentypounds, intending to pay himself a debt of that value, this shall be Affets in his hands, to make him chargeable to any creditor, or legatee: If he alters the property of any thing belonging to the teftator, as by laying down his own money in lieu of it, it belongs to him. If one recovers against an executor a juft debt of an hundred pounds, and the executor compounds for fixty pounds, he may not be allowed an hundred pounds, to defraud other creditors. Wood, 556. Tho' a plantation be an inheritance, yet being in a foreign country, it is a chattel to pay debts, and a thing that is teftamentory. 2. Ventr. 358. ASSIENTO. This contract first made by Spain with the French, was figned in the year 1702, to laft ten years, with a further liberty allowed the Affientists of two years more, in cafe they had not furnished the whole number of Negroes ftipulated before. The two principal articles regarded, firft, the number of Negroes to be provided, which was 3800 while the war should last, and 4800 in cafe of peace. Secondly, the duty to be paid to the king of Spain, during the farm, or Affiento, was fixed at thirty-three efcudos, pieces of eight, per head, or pieza de India. By the treaty of Utrecht, Philip the Vth being acknowledged king of Spain by the Allies, it was one of the articles of the peace between England and France, that the Affiento contract Thould be transferred to the English.-Accordingly a new inftrument was figned in May 1713, to last thirty years; and the furnishing of Negroes to the Spanish America was committed to the South-Sea-Company juft then erected. In virtue hereof they were yearly to furnish 4800 Negroes; for which they were to pay at the fame rate as the French, with this condition, that during the first twenty-five years, only half the duty fhould be paid for such as they should import beyond the ftated number. The last article gave them a further privilege, not enjoyed by the French; which was, that the English Affientists, should be allowed, every year, to fend to the Spanish America a fhip of 500 tons, laden with the fame commodities as the Spaniards ufually carry thither; with a licence to fell the fame, currently with them, at the fairs of Porto-Bello, Carthagena, and Vera Cruz.-This additional article was fuppofed as advantageous to the company,as the whole contract befides; being granted contrary to the usual Spanish policy, which has ever folicitoufly preferved the commerce of their America to themselves. Some new articles were added to the ancient Affiento, as, that the English fhould fend their register-fhip yearly, even though the Spanish flota and galleons did not go; and that for the first ten-years, the faid ship might be of 650 tuns. ASSURANCE is where a man for a fum of money paid him by a merchant, obliges himself to make good the lofs of a fhip, &c. fo far as the value of the premium, or confideration extends. Affurances are of various forts, fome being to places certain, others general: Thofe that are made to places certain are commonly upon goods laden, or to be laden aboard outward; and until the fame adventure fhall be laid afhore, at fuch a port. Or upon goods laden, or to be laden homeward, in such a fhip till the adventure fhall likewise be landed. Or elfe, upon goods out and in, with liberty to touch at all ports as are men |