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ARBELA-ARBITRATION.

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ARBITRATION is the adjudication by private persons appointed to decide a matter, or matters in controversy, on a reference made to them for that purpose, either by agreement of the disputants or by the order, or on the suggestion, of a court of law. The proceeding generally is called a submission to arbitration, or reference; the parties appointed to decide are termed arbitrators, or referees; and their adjudication is called an award. This mode of settling disputes is not only frequently resorted to by litigants themselves, who are anxious to avoid the delay and expense of proceedings in the public tribunals, but the Statute-Book bears witness to the approval of it by the legislature at various times. An old act, the 9 and 10 Will. III. c. 15, testifies the benefits of A. in strong terms, declaring that it hath been found by experience that references made by rule of court have contributed much to the ease of the subject in the determining of controversies, because the parties become thereby obliged to submit to the award of the arbitrators, and it proceeds to authorise and encourage merchants, traders, and others to put an end to their controversies and quarrels by means of A.; and a modern act, passed in 1833, the 3 and 4 Will. IV. c. 42, ss. 39, 40, and 41, contains still more anxious provisions for rendering references to A. effectual. Since that act was passed, the practice and feeling in favour of A. has increased,

so much so that there are recent statutes which con

tain provisions rendering A., or private reference in certain cases, compulsory. The Railway Acts of 1845, the Public Health Act of 1848, Common Law Procedure Act of 1854, and Masters and Workmen Acts are modern examples of this legislative peculiarity.

The matters that may be determined by an arbitrator are all personal disputes and differences which might otherwise be made the subject of controversy in the courts of civil jurisdiction. Thus breaches of contracts generally, breaches of promises of marriage, trespass, assaults, charges of slander, differences respecting partnership transactions or the purchase price of property, and questions relating to tolls or the right to tithes, may all be referred to A. Questions relating to real property may also be referred, such as those relating to the partition of lands of joint tenants or tenants in common, to settlements of disputed boundaries-to differences between landlord and tenant respecting waste-and to the title to land. Pure questions of law may also be referred to the decision of an arbitrator. An arbitrator may have, therefore, to determine the liability of a party on a promissory-note or bill of exchange, or to construe an act of parliament, or to give a judicial opinion on the effect of a will or deed. Actions at law, and suits in equity, may also be settled by A.; and this kind of reference may be made at any stage of the proceedings, sometimes even after verdict, and probably by analogy, after decree in equity. Questions relating to the future use and enjoyment of property, and future or anticipated differences between parties, may likewise be referred.

A matter, however clearly illegal, cannot be made the subject of a valid reference. But where transactions between parties have been brought to a close

by a general award, apparently good, the courts have refused to re-open them on a suggestion that some legal item has been admitted in account.

There are certain matters which are specially referred to A. by statute. Besides those we have already alluded to, the following matters are all referrible to A.: Questions relating to the expenses of prisoners, under 28 and 29 Vict. c. 126; to the regulation of municipal corporations in England and Wales, under the 5 and 6 Will. IV. c. 76; to the laws concerning prisons, under the 5 and 6 Vict. c. 98; to disputes between masters and workmen, under the 5 Geo. IV. c. 96, amended by 35 and 36 Vict. c. 46; to the laws relating to savings-banks, under the 26 and 27 Vict. c. 87; to the land rights and other possessions of certain ecclesiastical and collegiate corporations, under the 2 and 3 Will. IV. c. 80; to the management and improvement of episcopal and capitular estates in England under the 17 and 18 Vict. c. 116; to the conveyance of mails by railways, under the 1 and 2 Vict. c. 98; to insolvents and to insolvency, bankruptcy, and execution, under the Bankruptcy Act, 1869, 32 and 33 Vict. c. 71; to the constitution of companies incorporated for carrying on public undertakings, under the 8 and 9 Vict. c. 16; to the taking of lands for undertakings of a public nature, under 8 and 9 Vict. c. 18; to the metropolitan sewers, under the Metropolis Management Acts, 18 and 19 Vict. c. 120, 19 and 20 Vict. c. 112, 25 and 26 Vict. c. 102, and 34 and 35 Vict. c. 47; to friendly societies, under the 17 and 18 Vict. c. 56, and the 38 and 39 Vict. c. 60.

Under these acts of parliament, the class of cases which may, or which must, be referred to A., have been greatly enlarged. The railway acts, in particular, have largely contributed to this kind of amicable determination, although the parties in such cases cannot be said to have much discretion in the matter. Under the provisions, again, of the Judicature Act, 1873, and the Act 17 and 18 Vict. c. 125, ss. 3 and 6, parties may be compelled by the court to refer to official referees matters which involve intricate accounts or scientific or local examin

ation.

A., are matters arising out of the administration of
Among the questions that cannot be referred to
the criminal law in the case of felonies and relating
to agreements or transactions against public policy.
Felonies and offences of a public nature cannot be
referred, because the public safety and good require
them to be punished, and for this purpose they
courts of the country.
can only be properly tried in one of the ordinary

With respect to matters which cannot be referred on account of their being against public policy, the rule is so obviously just that no illustration is required.

But there are certain misdemeanours which may be either settled by agreement or by means of an A., on a principle of very general application stated by Chief-justice Gibbs-that where there is a remedy, by action as well as by indictment, a reference of the matter in controversy is good. And in these cases of misdemeanour, a compromise or settlement under a reference may be made, even after conviction, but with the sanction of the court.

As to the parties who may make a reference to A., it may be stated generally, that every one capable of making a disposition of his property or release of his rights may make a submission to an award, and in this category may be placed a married woman, who has a separate estate settled to her separate use, and there are even cases where a reference between a husband and wife has been held valid; and of course a husband may submit to A. differences

ARBITRATION.

respecting his wife's personal estate which has not been settled to her separate use.

Respecting the powers of infants or persons under age to submit to A., there are numerous decisions in the courts of law and equity: but they go upon refinements and nice distinctions more suited for the professional lawyer than for the ordinary reader, and we therefore do not think it necessary to give any explanation of them in a popular article such as this professes to be.

Partners and corporations may make references to A. on the principles already explained, and according to the relation in which they stand to the matter in dispute.

Those who cannot submit to A. are persons in the following position: Persons who cannot contract; married women without any estate settled to their separate use; and along with them, as laid down in old ante-reformation books, persons professed in religion, and persons under duress. There is an exception to the incapacity of married women to refer to A. where the husband, by exile, banishment, or other cause, is held to be civilly dead, and when he is an alien enemy. To these exceptions it may be added, that in suits respecting the property of charities the Court of Chancery will not permit a reference, however advisable such a course may seem, unless the attorney-general gives his consent.

It has generally been the opinion of the legal profession, and held to be the doctrine of the courts, that a reference by the consent of counsel in a cause is binding on his client; and.Lord Chancellor Eldon once said, that it was for the counsel to consider whether he was authorised to refer, and if so, he (the chancellor) would act on the consent so given; and the right and privilege of counsel to make a reference has been very strongly laid down in the Scotch courts. But a very recent case in the Court of Common Pleas (Swinfen v. Swinfen), where a compromise by counsel was successfully resisted by the client, has very much unsettled the English law on this subject; and now the feeling of the Bar in England is, that it is unwise to refer or compromise a litigation on the independent authority of counsel. Submissions to reference may also be made by executors and administrators, by trustees, by the committee of a lunatic, and by the officer of a public company, who is authorised by a statute to sue and be sued in the name of the company. And there are persons especially empowered to refer by the statutes which we have already enumerated.

Disputes may be referred to A. in any manner that expresses the agreement or understanding of the parties to be bound by the decision of the arbitrator; and for this purpose no formal submission, either verbal or written, is necessary; but the arrangement must be such as manifestly to shew an intention to have the difference concluded by a private adjudication in the nature of an award. But where the submission is in writing, it must be executed in due form. A testator, however, cannot exclude his will from litigation by a proviso, that all differences respecting it shall be referred to A., although it is thought that the parties benefited by the will might themselves so refer. Generally speaking, it is advantageous to make the A. in such a form as that the award may be made a rule of court-that is, may be adopted by a court of law as its judgment on the matter submitted, a proceeding that affords an obvious facility in enforcing the award; and for this purpose it is necessary to make the procedure conformable to the directions of the statutes 9 and 10 Will. III., and 3 and 4 Will. IV., already referred to. Where the submission is merely verbal or constituted by a private bond or deed, it is liable to be capriciously revoked, and proceedings

on the award, in such a case, can only be taken in the Court of Chancery.

The arbitrator ought to be a person who stands perfectly indifferent between the disputants; but there are no other particular qualifications for the office. And the choice by parties of the person who they agree shall decide between them, is perfectly free. Some legal writers have even gone so far as to maintain, that not only infants and married women, but even idiots and lunatics, can be arbitrators, on the argument that every person is at liberty to choose whom he likes best for his private judge, and he cannot afterwards object to the deficiencies of those whom he has himself selected. But this, it is clear, is going too far, and the policy of the law would certainly be interposed against such extreme cases. It is better to state the rule to be, that on the condition that the party selected is of ordinary intelligence, the choice of an arbitrator is absolutely unfettered. The only exception to this rule is the case of a party who, by office or position, is the person pointed out for the duty under a reference made by statute. In matters of compli cated accounts, mercantile men are generally preferred. In other cases, it is usual to appoint barristers who, being accustomed to judicial investigations, are able to estimate the evidence properly, to confine the examination strictly to the points in question, and, in making the award, to avoid those informalities in respect of which it might afterwards be set aside. Both time and expense are thus saved by fixing on a professional arbitrator. It has, indeed, been wisely remarked, that an arbitrator should endeavour to arrive at his conclusions upon the same rules and principles which would have actuated the court for which he is substituted-a rule of conduct that obviously points to the expediency of a lawyer being the referee. But an arbitrator is not bound by the mere rules of practice which prevail in the ordinary courts of justice, and he has been held justified in allowing interest on both sides of an unliquidated account, although such a determination was against the practice of the Court of Chancery, where the suit, which had been referred, had been commenced.

The proceedings before an arbitrator are regulated according to the peculiar circumstances of the case submitted, but generally it is advisable to conduct them according to the forms observed in courts of law, and they usually are so conducted. Each of the parties furnishes the arbitrator with a statement of his case, which is done by giving him a copy of the briefs on each side; and on the day appointed he proceeds to hear them (either in person or by their counsel or attorneys), and to receive the evidence on each side, nearly in the same manner as a judge at an ordinary trial. Having so heard the case, the arbitrator proceeds to make his award, which need not necessarily be in writing, for a verbal award is perfectly valid; but in practice it is usual for the arbitrator to make his award on paper stamped with the proper award stamp, and this he delivers to the successful party. The unsuccessful party gets a copy of the award on unstamped paper. This award in its effect operates as a final and conclusive judgment respecting all the matter submitted, and it binds the rights of the parties for all time.

An award may be set aside on the ground of corruption and fraud in the arbitrator, and for any material irregularity or illegality appearing on the face of the proceedings. But the tendency of the courts is to favour arbitrations and maintain awards, unless such serious grounds as we have referred to can be substantiated.

Where there are two arbitrators, the submission often provides that in the case of their differing in opinion the matter referred shall be decided by a

ARBOGA-ARBORICULTURE.

third person, called an umpire, who is generally appointed under a power to that effect, by the arbitrators themselves. But they cannot make such an appointment unless specially authorised so to do by the terms of the submission. This umpire rehears the case, and for this purpose is invested with the same powers as those possessed by the arbitrators, and bound by the same rules.

ARBORICULTURE (from Lat. arbor, a tree), a term literally signifying the cultivation of trees, but in use generally restricted to the planting and management of timber trees, or employed as exclusive at least of the cultivation of fruit trees, which is a branch of horticulture or gardening. The ancients practised A. to some extent, but chiefly with the view of beautifying their villas, or of forming public walks in the vicinity of cities. It is only for similar purposes, and on a very limited scale, that A. is yet anywhere practised in America. The planting of timber trees for economical purposes, or with a view to profit, is unnecessary whilst natural forests are abundant, and can scarcely be beginning of the 16th c., nor did it become at all general till a much later date. The early forest laws of England, as of other feudal countries, had reference chiefly to game, for the sake of which it was, and in order to the enjoyment of the chase, that large tracts were depopulated and converted into forests by the first Norman kings. Plantations for timber and fuel were, however, certainly made in England in the 16th c.; and the importance of the subject was urged on public attention by authors of that period. In the 17th c., the greatly increased demand for oak, for the building both of ships and of houses, gave a new impulse to A., which attracted more than ever before the attention both of the government and of the great landowners; the publication of Evelyn's Sylva also did more than any previous work to promote a taste for it. It was in this century that nurseries for forest trees were first established. It was not until the beginning of the 18th c. that the first extensive plantations were made in Scotland, nor until towards the end of that century that A. became general in that country or in Ireland. How much the very landscape has been changed by it-how great a difference has been made by the conversion of bleak hills and barren wastes into woods-how much the scene has been changed by the new forms of foreign trees, some of which are now in many districts more abundant than those which are indigenous, it is not easy to imagine; and how much these changes have promoted and are indicative of improvements in agriculture and increased produc tiveness of fields, is equally difficult to estimate.

In Scotland an A. takes place in virtue of a written submission executed by the parties in favour of the chosen referee, who there is called an arbiter, instead of arbitrator, as in England; and his award is called a decree-arbitral. This submission is in the form of a regular deed, and is said to be general or special, according to the nature of the matters sub-referred even in Britain to an earlier period than the mitted by it, the submission specifying all the particulars of the reference, and the name of the referee -the arbiter's powers and duties, which, in the ordinary case, are of the most comprehensive character -the specification of the time within which the award or decree-arbitral is to be made-a clause obliging the parties to perform the award under a specified penalty; and other anxious provisions, which are all carefully specified in the submission. The case then proceeds before the arbiter, generally according to the forms observed in the ordinary Scotch courts; and the arbiter makes his award in a very solemn manner, the decree-arbitral commencing with a recital of the submission and of all the procedure and after stating that the arbiter has ripely considered the whole matter, and has God and a good conscience before his eyes,' it gives the arbiter's judgment, and among other things ordains the submission and decree to be recorded according to the clause of registration in the former, and the extract from the registry so made forms a judgment which may be put in execution by either party against the other. The decree-arbitral, like the submission itself, must be executed and attested in the form of a regular deed. Where there are two arbiters, the submission usually provides, that in the event of their differing in opinion, they shall name an umpire or oversman, as he is called in Scotland, whose judgment is final.

In conclusion, and as a remark on A. generally, it only remains to be stated, that of course, from the nature of the case, there can be no appeal on the merits of the dispute submitted to any public tribunal whatever.

ARBO'GA, an ancient city in Sweden, in the province of Westmannland, on a small river of the same name, by which, with the aid of a canal, the

lakes Hialmar and Mälar are united. A. used to be

an important commercial town, but it has now sunk into insignificance, and only possesses an historical interest from the antiquities in its neighbourhood. Of all its churches, cloisters, and chapels there only now remain the town and parish churches, the former with an altar-piece of Rembrandt's. Several kings of the family of Vasa have resided here Church assemblies were held here in 1396, 1412,

1417, 1423, and 1474; diets in 1435, 1440, 1471, 1529, and 1561, in which last year also certain articles, known as the Arboga Articles, were passed by which Eric XIV. was enabled to limit the power of the nobles; and in 1625, Gustavus Adolphus issued an edict here, commanding that the copper coin of the realm should contain its full worth of copper. Pop. (1872) 3393.

ARBORE SCENT (from Lat. arbor, a tree), a term applied to plants to signify that they possess either altogether, or in some measure, the character of trees. Even the dwarf willows and birches, on the confines of polar or alpine perpetual snow, are described as the A. vegetation of these regions.

The A. of France, Germany, and other parts of Europe, to this day, consists in a great measure of the management of natural forests; and in the more eastern parts of the continent this is almost excluWithout a careful management of the natural forests, many districts of France and sively the case. of it an increased supply of valuable timber is also Germany would soon be destitute of fuel; by means obtained; and extensive domains belonging to the state, or to private proprietors, are rendered much more productive. It is in Germany that the management of the forests has received the greatest attention, and has been most systematically and scientifically conducted.

The forest trees of Britain, and of temperate climates generally, are conveniently divided into two classes-the one consisting of coniferous trees or pines and firs (Nadelholz, i.e., the needlewood' of the Germans), the other including all other kinds (Laubholz, i.e., the 'leaf-wood' of the Germans); the latter being sometimes subdivided into hard-wooded trees, of which the most important in Britain are oak, ash, elm, beech, birch, hornbeam, sycamore, walnut, and chestnut; and soft-wooded trees, as willow, poplar, lime, alder, and horse-chestnut. Of these and other trees, of their particular uses, and of the soils and situations to which they are adapted, notice is taken in separate articles.

Plantations are generally formed in Britain by

ARBORICULTURE.

means of trees raised from seed in a nursery; but sometimes also by sowing the seed on the ground intended for the plantation; in which case, if circumstances permit, a crop of grain is often sown along with the seeds of the trees, as these do not in general vegetate very soon; and the young plants derive advantage from the absence of choking weeds when the grain-crop is reaped, and from the protection afforded by the stubble. It has been supposed by some, but there is no sufficient evidence in support of the opinion, that more healthy and vigorous trees are obtained by sowing on the spot than by planting those which have been raised in a nursery. However, only very young trees can be planted with advantage, those which have attained a greater size requiring a degree of attention far beyond what is possible in plantations even of very moderate extent. The time of planting is from November to February. The most approved mode of planting is in small pits, in which the roots are disposed in a natural manner, and which are then carefully filled up with earth; but it is often thought sufficient when the tree to be planted is very young, to make a slit for it with the spade, or two slits, one at right angles to the other in the form of the letter T. Other methods are also adopted, particularly for rocky situations, in which the spade cannot be used. Economy is often a consideration of great importance in determining the mode of planting.

The formation of plantations by the sowing of seed has been more generally practised on the continent than in Britain. In this way the vacancies in the natural forests of France and Germany are filled up. In this way also great sandy tracts have been covered with wood on the coasts of Pomerania and of France. This has particularly been accomplished on a scale of extraordinary magnitude in the downs of drifting sand, between the rivers Adour and Gironde. The operations there were begun by M. Bremontier in 1789, and deserve to be mentioned as perhaps the most important operations in A. that have ever been performed in the world. Vast forests of pinaster now occupy what was originally loose sand destitute of vegetation.

Too little attention has hitherto been generally paid to the adaptation of the kinds of trees that are planted to the soil and climate; and to this cause many failures in A. are to be ascribed. Some trees grow well even in exposed situations, and are fit to be employed in these, either to form entire plantations, or to occupy the outer part, and so to shelter other trees, which in general are not planted until the outer zone or belt of the most hardy kinds is somewhat advanced; some succeed only in rich soils; some are incapable of enduring the sea-breeze; others, as the sycamore, the elder, and the pinaster, are comparatively unaffected by it. Some trees suffer from an amount of moisture from which alders or willows would rather derive advantage; but, in general, the thorough drainage of the land intended for a plantation is one of the circumstances most important to its success.

To the necessity of this thorough drainage we must look as compensating, or more than compensating, the influence which woods exercise in condensing the moisture of the atmosphere, and in rendering a climate cold and damp; marshy soils being in this respect still worse. The shelter afforded by plantations judiciously disposed, whether in belts or otherwise, is also of great importance in rendering them suitable for that improved agriculture in which thorough drainage is of the first necessity, and which is always productive of amelioration of climate. The influence of plantations is therefore, upon the whole, beneficial, although vast masses of

forest are injurious to climate; and it must be admitted that in some localities the planting of trees has been carried to excess, so that fields often suffer, particularly in autumn, from want of free circulation of air, and the landscape is often restricted to very narrow limits. The remedy in such cases is obvious; and it not unfrequently happens that within a short distance new plantations might be formed with every prospect of benefit.

Much has been written about the pruning of forest trees, with a view especially to the production of taller and straighter stems; and considerable difference of opinion exists as to the extent to which pruning should be practised. It is, however, very generally delayed till the branches to be removed have attained too great a size, and is then very rudely performed, to the spoiling of the timber rather than to the improvement of it. The practice of leaving snags, instead of cutting branches clean off, has particularly bad effects. Pines and firs, from their manner of growth, need pruning less than trees of other kinds. When trees have been planted, not merely for profit but for ornament, this ought to be remembered in pruning, which, however, is too often intrusted to persons utterly devoid of taste; and trees which, as they naturally grew, were very beautiful, are so treated with_axe and saw that they become deformities instead of adorning the scene.

In forming plantations, different kinds of trees are very generally mixed, although masses of one particular kind are also frequently planted. It is usual, however, to plant along with those which are destined most permanently to occupy the ground, trees of other kinds as nurses, to be gradually removed as the plantation advances in growth. For this purpose, spruce and larch are more generally employed than any other tree; although Scotch fir and birch are also deemed suitable for certain situations. The removal of some of these nurses affords the first returns of profit from the plantation, which is afterwards thinned from time to time. Plantations far more frequently suffer from being thinned too little, than from being thinned too much. To the want of proper thinning is to be in part ascribed the failure of many of those narrow belts of planting which are too common in Scotland, and which having been intended for shelter, very imperfectly serve their purpose, and seem to have suffered from the hardest usage themselves. The thinning of a plantation which has been allowed to grow too thick, must, however, be very gradually performed, that it may be beneficial, and not injurious. After a sudden thinning, a plantation sometimes ceases to thrive, and many trees are often laid prostrate by the next storm; for trees accommodate themselves both in their roots and branches to the situations in which they grow.

A considerable number of years must elapse before any pecuniary return is derived from a plantation, yet this mode of employing soils is often found to be the most remunerative of which they are capable, even without reference to the improvement of adjacent lands to which shelter is afforded; and the increased demand for timber in Britain, for sleepers of railways and other purposes, tends to the still further encouragement of A.

The

The resinous products of pine-woods are not considered as a source of profit in Britain; but the tar, turpentine, and resin obtained from them in some parts of Europe, form articles of commerce. great pinaster plantations already mentioned, on the sands between the Adour and Gironde, now yield products of this kind in large quantity. The employment of trees for ornamental purposes belongs not so much to A. as to Landscape Gardening (q. v.). The transplanting (q. v.) of large trees is only practised for

ARBOR VITÆ-ARBUTHNOT.

ornamental purposes. Hedgerow trees are planted chiefly for ornament, although sometimes they may afford useful shelter; but where this is not the case, they can seldom be reckoned profitable, as they are injurious to crops. Copse or coppice-wood differs so much, both in its uses and in the mode of its management, from other plantations, that it must be briefly noticed in a separate article.

ARBOR VITÆ (Thuja), a genus of plants of the natural order Conifera, allied to the cypress, and consisting of evergreen trees and shrubs with compressed or flattened branchlets-small, scale-like, imbricated leaves-and monoecious flowers, which have 4-celled anthers, and the scales of the strobiles (or cones) with two upright ovules.-The common

Arbor Vitæ (Thuja occidentalis):
End of branch, shewing mode of ramification and fruit.

of Britain, and others require the protection of greenhouses. Amongst the former are T. plicata, from Nootka Sound; and T. dolabrata, a native of Japan, a tree of great height and thickness, and which will not improbably prove the most important of the whole genus.-A tree, common in North America, and there known by the name of WHITE CEDAR, is sometimes included in the genus Thuja, under the name of T. sphæroidea, but is more generally ranked in the genus Cupressus as C. thyoides. See CYPRESS. The timber is highly esteemed, and an infusion of the scrapings is sometimes used as a stomachic.-Closely allied to the genus Thuja is Callitris. See SANDARACH.

The famous Bell

sea, 12 miles south

ARBROATH, ABERBRO'THWICK, or ABERBROTHOCK, a seaport town in the east of Forfarshire, situated at the mouth of a stream called the Brothock. Here King William the Lion founded a Tyronensian abbey in honour of Thomas-à-Becket in 1178. The king was interred in it in 1214. In the abbey, Bruce and the Scottish nobles met in 1320, to resist the claims of Edward II. to Scotland. Cardinal Beaton was the last of its abbots. Next to Holyrood, the abbey was the most richly endowed monastery in Scotland. It was destroyed by the Reformers in 1560. Its ruins -which are cruciform, 270 by 160 feet-are very picturesque, presenting lofty towers, columns, Gothic windows, and a fine circular east window, 'the Round O of A.' The chief industries of A. are flax-spinning, jute-spinning, and the manufacture of sail-cloth. The new harbour, begun in 1841, admits vessels of 400 tons; it is protected by a breakwater. In 1876 the number of vessels belonging to the port was 64; tonnage, 10,703. The chief exports are grain, potatoes, fish, pork, and pavement, chiefly from Lower Devonian quarries 8 or 10 miles inland. A. is a royal burgh, and in conjunction with Montrose, Brechin, Forfar, and Bervie burghs, returns one member to parliament. Population in 1871 of parliamentary burgh, 19,973. A. A. V. (T. occidentalis) is a native of North Ame- is supposed to be the Fairport of The Antiquary, rica, especially between lat. 45° and lat. 49°, but has and the Redhead Crags and Coves form some long been well known in Europe. It is a tree of of the scenes in that novel. 40-50 feet high; its branches are horizontally rock Light-house stands in the expanded, and the strobiles (cones) small and obo-east of Arbroath. vate. The young leafy twigs have a balsamic smell, and both they and the wood were formerly in great repute as a medicine; the oil obtained by distillation from the twigs, which has a pungent and camphor-like taste, has been recently recommended as a vermifuge. The wood of the stem is reddish, soft, and very light, but compact, tough, and durable, bearing exposure to the weather remarkably well. The tree is very common in Britain, but planted chiefly as an ornamental tree, and seldom attaining so great a size as in its native country. It delights in cool, moist situations. The CHINESE A. V. (T. orientalis), a native of China and Japan, which is immediately distinguishable from the former species by its upright branches and larger, almost globose and rough strobiles, is also in Britain, and upon the continent of Europe, a common ornament of pleasuregrounds; but it does not attain so great a size as the preceding, and is more sensible of the cold of severe winters. The balsamic smell is very agreeable. The tree yields a resin, having a pleasant odour, to which high medicinal virtues were formerly ascribed; hence the remarkable name, Arbor Vita (Latin, signifying Tree of Life), given to this species, and extended to the genus. Other species are known, but they are less important than these. In its native country, this species also attains the size of a considerable tree.There are several other species of Thuja, some of which seem well suited to the open air in the climate

ARBU'THNOT, JOHN, a distinguished writer and physician, the contemporary and friend of Pope and Swift, was the son of a Scottish episcopal clergyman, and born at Arbuthnot, in Kincar dineshire, shortly after the Restoration. He studied medicine at Aberdeen, where he took his degree. A.'s father was obliged to resign his charge at the revolution. His sons' prospects being thus blighted in their own country, they were under the necessity of going abroad to seek their fortune. John removed soon after to London, and there supported himself by teaching mathematics. In 1697 he published an examination of Dr Woodward's account of the Deluge, which brought him into notice as a person of no common ability. Accident called him into attendance on Prince George of Denmark, who thenceforth patronised him. 1709 he was appointed physician to the queen, and in 1710 was elected a member of the Royal College of Physicians. On the death of Queen Anne, in 1714, he lost his situation, and his circumstances were never so prosperous afterwards. In 1717, A., along with Pope, gave assistance to Gay in a farce, entitled Three Hours after Marriage, which, however, in spite of having the aid of a trio of wits, proved a complete failure. In 1723 he was chosen second censor of the Royal College of Physicians; in 1727 he was made an Elect, and had the honour to pronounce the Harveian oration for the year. He died

In

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