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A. The first letter of the English alpha­bet, used to distinguish the first page of a tolio from the second, marked b, or the first page of a book, the first foot-note on a print­ed page, the first of a series of subdivisions, etc., from the following ones, which are marked b, c, d, e, etc.
A. Lat The letter marked on the bal­lots by which, among the Romans, the people voted against a proposed law. It was the Initial letter of the word "anttquo," I am for the old law. Also the letter inscribed on the ballots by which jurors voted to acquit an accused party. It was the initial letter of "absolvo," I acquit. Tayl. Civil Law, 191, 192.
"A." The English indefinite article. This particle is not necessarily a singular term; it is often used in the sense of "any," and is then applied to more than one individual object National Union Bank v. Copeland, 141 Mass. 267, 4 N. E. 794; Snowden v. Guion, 101 N. Y. 458, 5 N. E. 322; Thomp­son v. Stewart, 60 Iowa, 225, 14 N. W. 247; Commonwealth v. Watts, 84 Ky. 537, 2 S. W. 123.
A. D. Lat. Contraction for Anno Domini, (in the year of our Lord.)
A. R. Anno regni, the year of the reign; as, A. R. V. R, 22, (Anno Regni Victories Regince vicesimo secundo,) in the twenty-sec­ond year of the reign of Queen Victoria.
A 1. Of the highest qualities. An ex­pression which originated in a practice of un­derwriters of rating vessels in three classes, —A, B, and Cj and these again in ranks numbered. Abbott. A description of a ship as "A 1" amounts to a warranty. Ollive T. Booker, 1 Exch. 423.
habendum et tenendum.) To have and to hold. Co. Litt §§ 523, 524. A aver et tener a luy et a ses heires, a touts jours,—to have and to hold to him and his heirs forever. Id. | 625. See Avbb et Teneb.
From the heavens to the certer of the earth.
Bl.Law Dict.(2d Ed.)—1
A commnni observantia non est rece-
dendnm. From common observance there should be no departure; there must be no departure from common usage. 2 Coke, 74; Co. Litt. 186a, 2296, 365a; Wing. Max. 752, max. 203. A maxim applied to the practice of the courts, to the ancient and es­tablished forms of pleading and conveyan­cing, and to professional usage generally. Id. 752-755. Lord Coke applies it to common professional opinion. Co. Litt. 186a, 3646.
A CONSILIIS. (Lat. consilium, advice.) Of counsel; a counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, "Apocrisarius."
A CUEIIiXiETTE. In French law. In relation to the contract of affreightment, sig­nifies when the cargo is taken on condition that the master succeeds in completing his cargo from other sources. Arg. Fr. Merc. Law, 543.
A DATU. L. Lat From the date. Haths v. Ash, 2 Salk. 413. A die datus, from the day of the date. Id.; 2 Crabb, Real Prop. p. 248, § 1301; Hatter v. Ash, 1 Ld. Raym. 84. A dato, from the date. Cro. Jac. 135.
A digniori fieri debet denominatio.
Denomination ought to be from the more worthy. The description (of a place) should be taken from the more worthy subject, (as from a will.) Fleta, lib. 4, c. 10, § 12.
A digniori fieri debet denominatio et reyolutio. The title and exposition of a thing ought to be derived* from, or given, or made with reference to, the more worthy degree, quality, or species of it Wing. Max. 265, max. 75.
A FORFAIT ET SANS GAR AN TIE. \n French law. A formula used in indors­ing commercial paper, and equivalent to "without recourse."
A FORTIORI. By a stronger reason. A term, used in logic to denote an argument to. the effect that because one ascertained fact exists, therefore another, which is in­cluded in, 1%, or analogous to it, and which is leas improbable, unusual, or surprising, must also exist


A GRATIA. From grace or favor; as a matter of indulgence, not of right.
A LATERE. Lat From the side. In connection with the succession to property, the term means "collateral." Bract fol. 206. Also, sometimes, "without right." Id. fol. 426. In ecclesiastical law, a legate a latere is one invested With full apostolic powers; one authorized to represent the pope as if the latter were present Du Cange.
A LIBEIXIS. L. Lat An officer who had charge of the libelli or petitions address­ed to the sovereign. Calvin. A name some­times given to a chancellor, (cancellarius,) in the early history of that office. Spelman, "Cancellarius."
A l'impossible nul n'est tenu. No one
Is bound to do what is impossible.
A ME. (Lat ego, I.) A term denoting direct tenure of the superior lord. 2 Bell, H. L, Sc. 133. Unjustly detaining from me. He is said to withhold a me (from me) who has obtained possession of my property unjustly. Calvin.
A MENSA ET THORO. From bed and board. Descriptive of a limited divorce or separation by judicial sentence.
A NATIVITATE. From birth, or from infancy. Denotes that a disability, status, etc., is congenital.
A non posse ad non esse sequitur ar-gnmentam necessarie negative. From the impossibility of a thing to its non-existence, the inference' follows necessarily in the neg­ative. That which cannot be done is not done. Hob. 3366. Otherwise, in the affirma­tive. Id.
A PAXATIO. 'L. Lat From palatium, (a palace.) Counties palatine are hence so called. 1 Bl. Oomm. 117. See Palatium.
A piratis ant latronibns capti liberi permanent. Persons taken by pirates or robbers remain free. Dig. 49, 15, 19, 2; Gro. de J. B. lib. 3, c. 3, § 1.
A piratis et latronibns capta dominium non mutant. Things taken or captured by pirates and robbers do not change their ownership. Bynk. bk. 1, c. 17; 1 Kent, Comm. 108, 184. No right to the spoil vests in the piratical captors; no right is de­rivable from them to any recaptors in prej­udice of the original owners. 2 Wood. Lect 428.
A POSTERIORI. A term used in logic to denote an argument founded on experi­ment or observation, or one which, taking ascertained facts as an effect, proceeds by synthesis and induction to demonstrate their cause.
A PRENDRE. L. Fr. To take. Bret a prendre la terre, a writ to take the land. Fet Ass. § 51. A right to take something out of the soil of another is a profit a pren­dre, or a right coupled with a profit • 1 Crabb, Real Prop. p. 125, § 115. Distin­guished from an easement. 5 Adol. & E. 758. Sometimes written as one word, apprendre, apprender.
A PRIORI. A term used in logic to de­note an argument founded on analogy, or ab­stract considerations, or one which, positing a general principle or admitted truth as a cause, proceeds to deduce from it the effects which must necessarily follow.
A QUO. A term used, with the correla­tive ad quern, (to which,) in expressing the computation of time, and also of distance in space. Thus, dies a quo, the day from which, and dies ad quern, the day to which, a period of time is computed. So, terminus a quo, the point or limit from which, and terminus ad quern, the point or limit to which, a dis­tance or passage in space is reckoned.
A QUO; A QUA. From which. The judge or court from which a cause has been brought by error or appeal, or has otherwise been removed, is termed the judge or court a quo; a qua. Abbott
A RENDRE. (Fr. to render, to yield.) That which is to be rendered, yielded, or paid. Profits a rendre comprehend rents and services. Ham. N. P. 192.
A rescriptis valet argnmentnm. An ar­gument drawn from original writs in the register is good. Co. Litt 11a.
A RESPONSIS. L. Lat. In ecclesias­tical law. One whose office it was to give or convey answers; otherwise termed respon-salis, and apocrisiarius. One who, being con­sulted on ecclesiastical matters, gave an­swers, counsel, or advice; otherwise termed a consihis. Spelman, "Apocrisiarius."
A RETRO. L. Lat. Behind; in arrear. Et reditus proveniens inde a retro fuerit, and the rent issuing therefrom be in arrear. Fleta, lib. 2, c. 55, § 2.
A RUBRO AD NIGRUM. Lat. From the red to the black; from the rubric or title of a statute, (which, anciently, was in red letters,) to its body, which was in the ordi­nary black. Tray. Lat Max.; Bell, "Ru­bric."
A snmmo remedio ad inferiorem ac­tionem non habetur regressus, neqne auxilium. From (after using) the highest remedy, there can be no recourse (going back) to an inferior action, nor assistance, (derived from it.) Fleta, lib. 6, c. 1, § 2. A maxim in the old law of real actions,


when there were grades In the remedies given; the rule being that a party who brought a writ of right, which was the high­est writ in the law, could not afterwards re­sort or descend to an inferior remedy. Bract 1126; 3 Bl. Comm. 193, 194.
A TEMPORE CUJUS CONTRARII MEMOBIA NON EXISTET. From time of which memory to the contrary does not exist
A verbis legis non est reoedendnm. From the words of the law there must be no departure. 5 Coke, 119; Wing. Max. 25. A court is not at liberty to disregard the express letter of a statute, in favor of a supposed intention. 1 Steph. Comm. 71; Broom, Max. 268.
A VINCULO MATRIMONII. (Lat from the bond of matrimony.) A term descrip­tive of a kind of divorce, which effects a complete dissolution of the marriage con­tract See Divobce.
Ab abusu ad usum non valet conse-quentia. A conclusion as to the use of a thing from its abuse is invalid. Broom, Max. 17.
AB ACTIS. Lat An officer having charge of acta, public records, registers, jour­nals, or minutes; an officer who entered on record the acta or proceedings of a court; a clerk of court; a notary or actuary. Calvin. Lex. Jurid. See "Acta." This, and the sim­ilarly formed epithets d cancellis, a secre­tin, d libelhs, were also anciently the titles of a chancellor, (cancellarius,) in the early history of that office. Spelman, "Cancella­rius."
AB AGENDO. Disabled from acting; un­able to act; incapacitated for business or transactions of any kind.
AB ANTE. In advance. Thus, a legis­lature cannot agree ab ante to any modifica­tion or amendment to a law which a third person may make. Allen v. McKean, 1 Sumn. 308, Fed. Cas. No. 229.
AB ANTECEDENTS. Beforehand; in advance.
AB ANTIQUO. Of old; of an ancient date.
Ab assnetis non fit injuria. From things to which one is accustomed (or in which there has been long acquiescence) no legal injury or wrong arises. If a person neglect to insist on his right, he is deemed to have abandoned it Amb. 645; 3 Brown, Ch. 639.
AB EPISTOLIS. Lat An officer having charge of the correspondence (epistolce) of his superior or sovereign; a secretary. Cal­vin. ; Spiegelius.
AB EXTRA. (Lat extra, beyond, with­out.) From without Lunt v. Holland, 14 Mass. 151.
AB INCONVENIENTI. From hardship, or inconvenience. An argument founded upon the hardship of the case, and the in­convenience or disastrous consequences to which a different course of reasoning would lead.
AB INITIO. Lat From the beginning; from the first act A party is said to be a trespasser ab initio, an estate to be good ab initio, an agreement or deed to be void ab initio, a marriage to be unlawful ab initio, and the like. Plow. 6a, 16a; 1 BL Comm. 440.
AB INITIO MUNDI. Lat. From the be­ginning of the world. Ab initio mundi usque act hodiemum diem, from the beginning of the world to this day. X. B. M. 1 Edw. III. 24.
AB INTESTATO. Lat In the civil law. From an intestate; from the intestate; in case of intestacy. Hwreditas ab intestato, an inheritance derived from an intestate. Inst. 2, 9, 6. Successio ab intestato, succession to an intestate, or in case of intestacy. Id. 3, 2, 3; Dig. 38, 6, 1. This answers to the descent or inheritance of real estate at com­mon law. 2 Bl. Comm. 490, 516; Story, Confl. Laws, § 480. "Heir ab intestato." 1 Burr. 420. The phrase "ab intestato" is generally used as the opposite or alternative of ex testamento, (from, by, or under a will.) Vel ex testamento, vel ab intestato [Jiwred-itates] pertinent,—inheritances are derived either from a will or from an intestate, (one who dies without a will.) Inst. 2, 9, 6; Dig. 29, 4; Cod. 6, 14, 2.
AB INVITO. Lat By or from an un­willing party. A transfer ab invito is a com­pulsory transfer.
AB IRATO. By one who is angry. A devise or gift made by a man adversely to the interest of his heirs, on account of anger or hatred against them, is said to be made ab irato. A suit to set aside such a will is called an action ab irato. Merl. Repert "Ab irato."
ABACTOR. In Roman law. A cattle thief. Also called abigeus, q. v.
ABADENGO. In Spanish law. Land owned by an ecclesiastical corporation, and therefore exempt from taxation. In partic­ular, lands or towns under the dominion and jurisdiction of an abbot
ABALIENATIO. In Roman law. The perfect conveyance or transfer of property from one Roman citizen to another. This term gave place to the simple alienatio, which is used in the Digest and Institutes, as well

as in the feudal law, and from which the English "alienation" has been formed. Inst 2, 8, pr.; Id. 2, 1, 40; Dig. 50, 16, 28.
ABAMITA. Lai In the civil law. A great-great-grandfather's sister, (abavi soror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, iO, 10, 17. Called, in Brac-ton, abamita magna. Bract, fol. 68&.
ABANDON. To desert, surrender, relin­quish, give up, or cede. See Abandonment.
ABANDONEE. A party to whom a right or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Lord Ellenborough, C. J., 5 Maule & S. 82; Abbott, J., Id. 87; Holroyd, J., Id. 89.
ABANDONMENT. The surrender, relin­quishment, disclaimer, or cession of property or of rights. Stephens v. Mansfield, 11 Cal. 363; Dikes v. Miller, 24 Tex. 417; Middle Creek Ditch Co. v. Henry, 15 Mont. 558, 39 Pac. 1054.
The giving up a thing absolutely, without reference to any particular person or pur­pose, as throwing a jewel into the highway; leaving a thing to itself, as a vessel at sea; vacating property with the intention of not returning, so that it may be appropriated by the next comer. 2 Bl. Comm. 9, 10; Pidge v. Pidge, 3 Mete. (Mass) 265; Breedlove v. Stump, 3 Yerg. (Tenn.) 257, 276; Richardson v. McNulty, 24 Cal. 339, 345; Judson v. Mal-loy, 40 Cal. 299, 310.
To constitute abandonment there must concur an intention to forsake or relinquish the thing in question and some external act by which that intention is manifested or carried into effect. Mere nonuser is not abandonment unless cou­pled with an intention not to resume or reclaim the use or possession. Sikes v. State (Tex Cr. App.) 28 S. W. 688; Barnett v. Dickinson, 93 Md. 258, 48 Atl. 838; Wflsh v. Taylor, 134 N. Y. 450, 31 N. E. 896, 18 D. R. A. 535.
In marine insurance* A relinquishment or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so. by con­struction only. 2 Steph. Coinm. 178. The exercise of a right which a party having in­sured goods or vessels has to call upon the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is or may be saved, and to pay the full amount of the insurance, as if a total loss had actually happened. Park, Ins. 143; 2 Marsh. Ins. 559; 3 Kent, Comm. 318-335, and notes; The St. Johns (D. C.) 101 Fed. 469; Roux v. Salvador, 3 Bing. N. C. 206, 284; Mellish v. Andrews, 15 East, 13; Cin­cinnati Ins. Co. v. Duffield, 6 Ohio St 200, 67 Am. Dec. 339.
Abandonment is the act by which, after a constructive total loss, a person insured by contract of marine insurance declares to the insurer that he relinquishes to him his inter-
est In the thing insured. Civil Code CaL § 2716.
The term is used only in reference to risks In navigation; but the principle is applicable in fire insurance, where there are remnants, and sometimes, also, under stipulations in life policies in favor of creditors.
In maritime law. The surrender of a vessel and freight by the owner of the same to a person having a claim thereon aris­ing out of a contract made with the master. See Poth. Chart. § 2, art 3, § 51.
In patent law. As applied to inventions, abandonment is the giving up of his rights by the inventor, as where he surrenders his idea or discovery or relinquishes the intention of perfecting his invention, and so throws it open to the public, or where he negligently postpones the assertion of his claims or fails to apply for a patent and al­lows the public to use his invention without objection. Woodbury, etc., Machine Co. v. Keith, 101 U. S. 479, 485, 25 L. Ed. 939; American Hide, etc., Co. v. American Tool, etc., Co, 1 Fed. Cas. 647; Mast v. Dempster Mill Co. (C. C) 71 Fed. 701; Bartlette v. Crittenden, 2 Fed. Cas. 981; Pitts v. Hall, 19 Fed. Cas. 754. There may also be an aban­donment of a patent, where the inventor dedi­cates it to the public use; and this may be shown by his failure to sue infringers, to sell licenses, or otherwise to make efforts to realize a personal advantage from his patent Ransom v. New York, 4 Blatchf. 157, 20 Fed. Cas. 286.
Of easement, right of way, water right. Permanent cessation of use or en­joyment with no intention to resume or reclaim. Welsh v. Taylor, 134 N. Y. 450, 31 N. E 896, 18 L. R. A. 535; Corning v. Gould, 16 Wtend. (N. Y.) 531; Tucker v. Jones, 8 Mont. 225, 19 Pac. 571; McClain v. Chicago, etc., R, Co., 90 Iowa, 646, 57 N. W. 594; Oviatt v. Big Four Mm. Co., 39 Or. 118, 65 Pac. 811.
Of mining claim. The relinquishment of a claim held by location without pat­ent, where the holder voluntarily leaves his claim to be appropriated by the next comer, without any intention to retake or re­sume it, an* regardless of what may become of it in the future. McKay v. McDougall, 25 Mont. 258, 64 Pac. 669, 87 Am. St. Rep. 395; St. John v. Kidd, 26 Cal. 263, 272; Orea-muno v. Uncle Sam Min. Co., 1 Nev. 215; Derry v. Ross, 5 Colo. 295.
Of domicile. Permanent removal from the place of one's domicile with the inten­tion of taking up a residence elsewhere and with no intention to returning to the orig­inal home except temporarily. Stafford v. Mills, 57 N. J. Law, 570, 31 Atl. 1023; Mills v. Alexander, 21 T^x. 154; Jarvais v. Moe, 38 Wis. 440.
By husband or wife. The act of a hus­band or wife who leaves his or her con-


sort willfully, and with an intention of caus­ing perpetual separation. Gay v. State, 105 Ga. 599, 31 S. B. 569, 70 Am. St Rep. 68; People v. Cullen, 153 N. Y. 629, 47 N. B. 894, 44 L. R. A. 420.
"Abandonment, in the sense in which it is used in the statute under which this proceed­ing was commenced, may be defined to be the act of willfully leaving the wife, with the intention cf causing a palpable separation be­tween the parties, and implies an actual de­sertion of the wife by the husband." Stan-brough v. Stanbrough, 60 Ind. 279.
In French law. The act by which a debtor surrenders his property for the bene­fit of his creditors. Merl. Repert. "Aban­donment."
civil law. The act of a person who was sued in a noxal action, i. e., for a tort or trespass committed by his slave or his animal, in re­linquishing and abandoning the slave or ani­mal to the person injured, whereby he saved himself from any further responsibility. See lust. 4, 8, 9; Fitzgerald v. Ferguson, 11 La. Ann. 396.
ABANDUN, or ABANDUM. Anything sequestered, proscribed, or abandoned. Aban­don, i. e., in bannum res missa, a thing ban­ned or- denounced as forfeited or lost, whence to abandon, desert, or forsake, as lost and gone. Cowell.
ABARNARE. Lat. To detect or discov­er, and disclose to a magistrate, any secret crime. Leges Canuti, cap. 10.
ABATAMENTUM. I». Lat. In old Eng­lish law. An abatement of freehold ; an en­try upon lands by way of interposition be­tween the death of the ancestor and the en­try of the heir. Co. Litt. 277a; Yel. 151.
ABATEMENT. In pleading. The ef­fect produced upon an action at law, when the defendant pleads matter of fact showing the writ or declaration to be defective and incorrect. This defeats the action for the time being, but the plaintiff may proceed with it after the defect is removed, or may recom­mence it in a better way. In England, in equity pleading, declinatory pleas to the ju­risdiction and dilatory' to the persons were (prior to the judicature act) sometimes, by analogy to common law, termed "pleas in abatement"
In chancery practice. The determina­tion, cessation, or suspension of all pro­ceedings in a suit, from the want of proper parties capable of proceeding therein, as up­on the death of one of the parties pending the suit See 2 Tidd, Pr. 932; Story, Eq. PL | 354; Witt v. Ellis, 2 Cold. (Tenn.) 38.
In mercantile law. A drawback or re­bate allowed in certain cases on the duties due on imported goods, in consideration of
their deterioration or damage suffered dur­ing importation, or while in store. A di­minution or decrease in the amount of tax imposed upon any person.
In contracts. A reduction made by the creditor for the prompt payment of a debt due by the payor or debtor. Wesk. Ins. 7.
Of legacies and debts. A proportion­al diminution or reduction of the pecun­iary legacies, when the funds or assets out of which such legacies are payable are not sufficient to pay them in full. Ward, Leg. p. 369, c. 6, § 7; 1 Story, Eq. Jur. § 555; 2 Bl. Comm. 512, 513; Brown v. Brown, 79 Va. 648; Neistrath's Estate, 66 Cal. 330, 5 Pac. 507. In equity, when equitable as­sets are insufficient to satisfy fully all the creditors, their debts must abate in propor­tion, and they must be content with a divi­dend ; for cequitas est quasi wqualitas.
ABATEMENT OF A NUISANCE. The removal, prostration, or destruction of, that which causes a nuisance, whether by break­ing or pulling it down, or otherwise remov­ing, disintegrating, or effacing it Ruff v. Phillips, 50 Ga. 130.
The remedy which the law allows a party injured by a nuisance of destroying or re­moving it by his own act, so as he commits no riot in doing it, nor occasions (in the case of a private nuisance) any damage beyond what the removal of the inconvenience nec­essarily requires. 3 Bl. Comm. 5, 168; 3 Steph. Comm. 361; 2 Salk. 458.
ABATEMENT OF FREEHOLD. This takes place where a person dies seised of an inheritance, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful entry, and gets possession of it. Such an entry is technically called an "abate­ment," and the stranger an "abator." It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful in­tervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder-man; and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession. 1 Co. Inst 277a; 3 Bl. Comm. 166; Brown v. Burdick, 25 Ohio St 268. By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the death of the actual possessor, before the heir entered. (Howard, Anciennes Lois des Frangais, tome 1, p. 539.) Bouvier.
ABATOR. In real property law, a stran­ger who, having no right of entry, contrives to get possession of an estate of freehold, to the prejudice of the heir or devisee, before


the latter can enter, after the ancestor's death. Litt § 397. In the law of torts, one who abates, prostrates, 'or destroys a nui­sance.
ABATUDA. Anything diminished. Mon-eta abatuda is money clipped or diminished in value. Oowell; Dufresne.
ABA VIA. Lat In the civil law. A great-great-grandmother. Inst. 3, 6, 4; Dig. 38, 10, 1, 6; Bract fol. 686.
ABA VITA. A great-great-grandfather's sister. Bract fol. 68b. This is a misprint for abamita, (q. v.) Burrill.
ABAVUNCULUS. Lat In the civil law. A great-great-grandmother's brother, (abavice frater.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called avunculus maximus. Id. 38,10, 10, 17. Call­ed by Bracton and Fleta abavunculus magnus. Bract, fol. 686; Fleta, lib. 6, c. 2, § 10.
ABAVUS. Lat. In the civil law. A great-great-grandfather. Inst 3, 6, 4; Dig. 38, 10, 1, 6; Bract fol. 67a.
ABBACY. The government of a religious house, and the revenues thereof, subject to an abbot, as a bishopric is to a bishop. Cow-ell. The rights and privileges of an abbot
ABBEY. A society of religious persons, having an abbot or abbess to preside over them.
ABBOT. The spiritual superior or gov­ernor of an abbey or monastery. Feminine, Abbess.
In Scotch law. An abstract of the decree of adjudication, and of the lands adjudged, with the amount of the debt. Adjudication is that diligence (execution) of the law by which the real estate of a debtor is adjudged to belong to his creditor in payment of a debt; and the abbreviate must be recorded in the register of adjudications.
abstract of ancient judicial records, prior to the Year Books. See Steph. PI. (7th Ed.) 410.
ABBREVIATIONS. Shortened conven­tional expressions, employed as substitutes for names, phrases, dates, and the like, for the saving of space, of time in transcribing, etc. Abbott,
For Table of Abbreviations, see Appendix, post, page 1239.
Abbreviationum ille Humerus et sensus accipiendus est, lit concessit) non sit in-anis. In abbreviations, such number and sense is to be taken that the grant be not made void. 9 Coke, 48.
ABBREVIATbRS. In ecclesiastical law. Officers whose duty it is to assist in drawing
up the pope's briefs, and reducing petitions into proper form to be converted into papal bulls. Bouvier.
MENT. The act of forestalling a market by buying up at wholesale the merchandise intended to be sold there, for the purpose of selling it at retail. See Fobestalling.
ABDICATION. The act of a sovereign in renouncing and relinquishing his govern­ment or throne, so that either the throne is left entirely vacant, or is filled by a succes­sor appointed or elected beforehand.
Also, where a magistrate or person in office voluntarily renounces or gives it up before the time of service has expired.
It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands, as an inferior into the hands of a superior; abdica­tion is the relinquishment of an office which has devolved by act of law. It is said to be a renunciation, quitting, and relinquishing, so as to have nothing further to do with a thing, or the doing of such actions as are in­consistent with the holding of it. Chambers.
ABDUCTION. In criminal law. The offense of taking away a man's wife, child, or ward, by fraud and persuasion, or open violence. 3 Bl. Comm. 139-141; Humphrey v. Pope, 122 Cal. 253, 54 Pac. 847; State v. George, 93 N. C. 567; State v. Chisenhall, 106 N. C. 676, 11 S. E. 518; People v. Seeley, 37 Hun (N. Y.) 190.
The unlawful taking or detention of any female for the purpose of marriage, concu­binage, or prostitution. People v. Crotty, 55 Hun (N. Y.) 611, 9 N. Y. Supp. 937.
By statute in some states, abduction in­cludes the withdrawal of a husband from his wife, as where another woman alienates his affection and entices him away and causes him to abandon his wife. King v. Hanson, 13 N. D. 85, 99 N. W. 1085.
ABEARANCE. Behavior; as a recog­nizance to be of good abearance signifies to be of good behavior. 4 Bl. Comm. 251, 256.
ABEREMURDER. (From Sax. abere, apparent, notorious; and mord, murder.) Plain or downright murder, as distinguished from the less heinous crime of manslaughter, or chance medley. It was declared a capital offense, without fine or commutation, by the laws of Canute, c. 93, and of Hen. I. c 13. Spelman.
ABESSE. Lat In the civil law. To be absent; to be away from a place. Said of a person who was extra continentia urbis, (be­yond the suburbs of the city.)
ABET. In criminal law. To encourage, incite, or set another on to commit a crime. See Abettor.
"Aid" and "abet" are nearly synonymous terms as generally used; but, strictly speak­ing, the former term does not imply guilty


knowledge or felonious intent, whereas the word "abet" includes knowledge of the wrong­ful purpose and counsel and encouragement in the commission of the crime. People v. Dole, 122 Cal. 486, 55 Pac. 581, 68 Am. St. Rep. 50; People v. Morine, 138 Cal. 626, 72 Pac 166; State v. Empey, 79 Iowa, 460, 44 N. W. 707; Raiford v. State, 59 Ala. 106; White v. People, 81 111. 333.
ABETTATOR. L. Lat. In old English law. An abettor. Fleta, lib. 2, c 65, § 7. See Abettob.
ABETTOR. In criminal law. An in­stigator, or setter on; one who promotes or procures a crime to be committed;' one who commands, advises, instigates, of encourages another to commit a crime; a person who, being present or in the neighborhood, incites another to commit a crime, and thus becomes a principal.
The distinction between abettors and ac­cessaries is the presence or absence at the commission of the crime. Cowell; Fleta, lib. 1, c. 34. Presence and participation are nec­essary to constitute a person an abettor. Green v. State, 13 Mo. 382; State v. Teahan, 50 Conn. 92; Connaughty v. State, 1 Wis. 159, 60 Am. Dec. 370.
ABEYANCE. In the law of estates. Ex­pectation ; waiting; suspense; remembrance and contemplation in law. Where there is no person in existence in whom an inherit­ance can vest, it is said to be in abeyance, that is, in expectation; the law considering it as always potentially existing, and ready to vest whenever a proper owner appears. 2 Bl. Comm. 107. Or, in other words, it is said to be in the remembrance, consideration, and intendment of the law. Co. Litt. §§ 646, 650. The term "abeyance" is also sometimes applied to personal property. Thus, in the case of maritime captures during war, it is said that, until the capture becomes invested with the character of prize by a sentence of condemnation, the right of property is in abeyance, or in a state of legal sequestration. 1 Kent, Comm. 102. It has also been applied to the franchises of a corporation. "When a corporation is to be brought into existence by some future acts of the corporators, the fran­chises remain in abeyance, until such acts are done; and, when the corporation is brought into life, the franchises instantane­ously attach to it." Story, J., in Dartmouth College v. Woodward, 4 Wheat 691, 4 L. Ed. 629.
In feudal law. A grandson; the son of a son. Spelman; Lib. Feud., Baraterii, tit 8, cited Id.
ABIDE. To "abide the order of the eourt" means to perform, execute, or conform to such order. Jackson v. State, 30 Kan. 88, 1 Pac. 317; Hodge v. Hodgdon, 8 Cush. (Mass.) 294. See McGarry v. State, 37 Kan. 9, 14 Pac 492.
A stipulation in an arbitration bond that the parties shall "abide by" the award of the arbitrators means only that they shall await the award of the arbitrators, without revok­ing the submission, and not that they shall acquiesce in the award when made. Mar­shall v. Reed, 48 N. H. 36; Shaw v. Hatch, 6 N. H. 162; Weeks v. Trask, 81 Me. 127, 16 Atl. 413, 2 L. R, A. 532.
ABIDING BY. In Scotch law. A Ju­dicial declaration that the party abides by the deed on which he founds, in an action where the deed or writing is attacked as forged. Unless this be done, a decree that the deed is false will be pronounced. Pat Comp. It has the effect of pledging the party to stand the consequences of founding on a forged deed. Bell.
ABIGEATUS. Lat. In the civil law. The offense of stealing or driving away cat­tle. See Abigeus.
ABIGERE. Lat. In the civil law. To drive away. Applied to those who drove away animals with the intention of stealing theru. Applied, also, to the similar offense of cattle stealing on the borders between Eng­land and Scotland. See Abigeus.
To drive out; to expel by force; to pro­duce abortion. Dig. 47, 11, 4.
ABIGEUS. Lat. (PL, abigei, or more rarely abigeatores.) In the civil law. A stealer of cattle; one who drove or drew away (subtraxit) cattle from their pastures, as horses or oxen from the herds, and made booty of them, and who followed this as a business or trade. The term was applied also to those who drove away the smaller animals, as swine, sheep, and goats. In the latter case, it depended on the number taken, whether the offender was fur (a com­mon thief) or abigeus. But the taking of a single horse or ox seems to have constituted the crime of abigeatus. And those who fre­quently did this were clearly abigei, though they took but an animal or two at a time. Dig. 47, 14, 3, 2. See Cod. 9, 37; Nov. 22, c 15, § 1; 4 Bl. Comm. 239.
ABILITY. When a statute makes it a ground of divorce that the husband has neg­lected to provide for his wife the common necessaries of life, having the ability to pro­vide the same, the word "ability" has refer­ence to the possession by the husband of the means in property to provide such necessa­ries, not to his capacity of acquiring such means by labor. Washburn v. Washburn, 9 Cal. 475. But compare State v. Witham, 70 Wis. 473, 35 N. W. 934.
Quit of amercements. It originally signified a forfeiture or amercement, and is more properly mishering, mishersing, or mislier-ing, according to Spelman. It has since been


termed a liberty of freedom, because, wher­ever this word is used in a grant, the per­sons to whom the grant is made have the forfeitures and amercements of all others, and are themselves free from the control of any within their fee. Termes de la Ley, 7.
ABJUDICATIO. In old English law. The depriving of a thing by the judgment of a court; a putting out of court; the same as forisjudicatio, forjudgment, forjudger. Co. Litt lOOo, 6; Townsh. PL 49.
One of the steps in the process of naturaliz­ing an alien. It consists in a formal declara­tion, made by the party under oath before a competent authority, that he renounces and abjures all the allegiance and fidelity which he owes to the sovereign whose subject he has theretofore been.
ancient English law. A renunciation of one's country, a species of self-imposed banish­ment, under an oath never to return to the kingdom unless by permission. This was formerly allowed to criminals, as a means of saving their lives, when -they had con­fessed their crimes, and fled to sanctuary. See 4 Bl. Comm. 332; Avery v. Everett, 110 N. Y. 317, 18 N. E. 148, 1 L B. A. 264, 6 Am. St. Rep. 368.
ABJURE. To renounce, or abandon, by or upon oath. See Abjueation.
"The decision of this court in Arthur r. Broadnax, 3 Ala. 557, affirms that if the hus­band has abjured the state, and remains abroad, the wife, meanwhile trading as a feme sole, could recover on a note which was giveA to her as such. We must consider the term 'ab­jure,' as there used, as implying a total aban­donment of the state; a departure from the state without the intention of returning, and not a renunciation of one's country, upon an oath of perpetual banishment, as the term orig­inally implied." Mead v. Hughes, 15 Ala. 148, 1 Am. Rep. 123.
ABLE-BODIED. As used In a statute relating to service in the militia, this term does not imply an absolute freedom from all physical ailment. It imports an absence of those palpable and visible defects which evi­dently incapacitate the person from perform­ing the ordinary duties of a soldier. Darling v. Bowen, 10 Vt 152.
ABLEGATI. Papal ambassadors of the second rank, who are sent to a country where there is not a nuncio, with a less ex­tensive commission than that of a nuncio.
ABLOCATTO. A letting out to hire, or leasing for money. Calvin. Sometimes used in the English form "ablocation."
ABMATERTERA. Lat In the civil law. A great-great-grandmother's sister, (abaviw soror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called matertera maxima. Id. 38, 10,
10, 17. Called, by Bracton, abmaterter* magna. Bract. foL 68b.
ABNEFOS. Lat. A great-great-grand­son. The grandson of a grandson or grand­daughter. Calvin.
ABNEFTIS. Lat A great-great-grand­daughter. The granddaughter of a grand­son or granddaughter. Calvin.
ABODE. The place where a person dwells. Dorsey v. Brigham, 177 111. 250, 52 N. E. 303, 42 L. R. A. 809, 69 Am. St Rep. 228.
ABOLITION. The destruction, abroga­tion, or extinguishment of anything; also the leave given by the sovereign or judges to a criminal accuser to desist from further pros­ecution. 25 Hen. VIII. c. 21.
ABORDAGE. Fr. In French commer­cial law. Collision of vessels.
ABORTIFACIENT. In medical jurispru­dence. A drug or medicine capable of, or used for, producing abortion.
ABORTION. In criminal law. The mis­carriage or premature delivery of a woman who is quick with child. When this is brought about with a malicious design, or for an unlawful purpose, it is a crime in law.
The act of bringing forth what is yet im­perfect ; and particularly the delivery or ex­pulsion of the human foetus prematurely, or before it is yet capable of sustaining life. Also the thing prematurely brought forth, or product of an untimely process. Sometimes loosely used for the offense of procuring a premature delivery; but, strictly, the early delivering is the abortion; causing or procur­ing abortion is the full name of the offense. Abbott; Smith v. State, 33 Me. 48, 59, 54 Am. Dec. 607; State v. Crook, 16 Utah, 212, 51 Pac. 1091; Belt v. Spaulding, 17 Or. 130, 20 Pac. 827; Mills v. Commonwealth, 13 Pa. 631; Wells v. New England Mut L. Ins. Co., 191 Pa. 207, 43 Atl. 126, 53 L. R. A. 327, 71 Am. St. Rep. 763.
ABORTIVE TRIAL. A term descrip­tive of the result when a case has gone off, and no verdict has been pronounced, without the fault, contrivance, or management of the parties. Jebb & B. 51.
ABORTUS. Lat The fruit of an abor­tion ; the child born before its time, incapable of life.
ABOUTISSEMENT. Fr. An abuttal or abutment See Ouyot RSpert Univ. "Ab-outissans."
ABOVE. In practice. Higher; superior. The court to which a cause is removed by appeal or writ of error is called the court above. Principal; as distinguished from what is auxiliary or instrumental. Bail to


the action, or special bail, is otherwise term­ed bail above. 3 Bl. Comm. 291. See Be­low.
Quoted before. A figurative expression taken from the ancient manner of writing books on scrolls, where whatever is mentioned or cited before in the same roll must be above. Encyc. Lond.
ABPATRUUS. Lat. In the civil law. A great-great-grandfather's brother, (abavi frater.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called patruus maximus. Id. 38, 10, 10, 17. Called, by Bracton and Fleta, abpatruus magnus. Bract. foL 686; Fleta, lib. 6, c. 2, § 17.
ABRIDGE. To reduce or contract; usu­ally spoken of written language.
In copyright law, to abridge means to epit­omize ; to reduce; to contract. It implies pre­serving the substance, the essence, of a work, in language suited to such a purpose. In making extracts there is no condensation of the author's language, and hence no abridgment. To abridge requires the exercise of the mind; it is not copying. Between, a compilation and an abridgment there is a clear distinction. A com­pilation consists of selected extracts from dif­ferent authors; an abridgment is a condensa­tion of the views of one author. Story v. Holcombe, 4 McLean, 306, 310, Fed. Cas. No. 13,497.
In practice. To shorten a declaration or count by taking away or severing some of the substance of it. Brooke, Abr. "Abridg­ment."
ABRIDGMENT. An epitome or com­pendium of another and larger work, where­in the principal ideas of the larger work are summarily contained.
Abridgments of the law are brief digests of the law, arranged alphabetically. The oldest are those of Fitzherbert, Brooke, and Rolle; the more modern those of Viner, Comyns, and Bacon. (1 Steph. Comm. 51.) The term "digest" has now supplanted that of "abridgment." Sweet.
right of the court to reduce the damages in certain cases. Vide Brooke, tit. "Abridg­ment."
ABROGATE. To annul, repeal, or de­stroy ; to annul or repeal an order or rule is­sued by a subordinate authority; to repeal a former law by legislative act, or by usage.
ABROGATION. The annulment of a law by constitutional authority. It stands opposed to rogation; and is distinguished from derogation, which implies the taking away only some part of a law; from subro­gation, which denotes the adding a clause to it; from dispensation, which only sets it aside in a particular instance; and from an-tiquation, which is the refusing to pass a iaw. Encyc. Lond.
—Implied abrogation. A statute is said to work an "implied abrogation" of an earlier
one, when the later 6tatute contains provisions which are inconsistent with the further con­tinuance of the earlier law; or a statute is im­pliedly abrogated when the reason of it, or the object for which it was passed, no longer exists.
ABSCOND. To go in a clandestine man­ner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their pro­cess.
To hide, conceal, or absent oneself clan­destinely, with the intent to avoid legal pro­cess. Smith v. Johnson, 43 Neb. 754, 62 N. W. 217; Hoggett v. Emerson, 8 Kan. 262; Ware v. Todd, 1 Ala. 200; Kingsland v. Wor-sham, 15 Mo. 657.
ABSCONDING DEBTOR. One who ab­sconds from his creditors. 'An absconding debtor is one who lives without the state, or who has intentionally concealed himself from his creditors, or withdrawn himself from the reach of their suits, with intent to frustrate their just demands. Thus, if a person departs from his usual residence, or remains absent therefrom, or conceals him­self in his house, so that he cannot be served with process, with intent unlawfully to de­lay or defraud his creditors, he is an ab­sconding debtor; but if he departs from the state or from his usual abode, with the In­tention of again returning, and without any fraudulent design, he has not absconded, nor absented himself, within the intendment of the law. Stafford v. Mills, 57 N. J. Law, 574, 32 Atl. 7; Fitch v. Waite, 5 Conn. 117.
A party may abscond, and subject himself to the operation of the attachment law against absconding debtors, without leaving the limits of the state. Field v. Adreon, 7 Md. 209.
A debtor who is shut up from his creditors in his own house is an absconding debtor. Ives v. Curtiss, 2 Root (Conn.) 133.
ABSENCE. The state of being absent, removed, or away from one's domicile, or usual place of residence.
Absence is of a fivefold kind: (1) A neces­sary absence, as in banished or transported per­sons ; this is entirely necessary. (2) Necessary and voluntary, as upon the account of the com­monwealth, or in the service of the church. (3) A probable absence, according to the civilians, as that of students on the score of study. (4) Entirely voluntary, on account of trade, mer­chandise, and the like. (5)- Absence cum dolo et culpa, as not appearing to a writ, subpoena, citation, etc., or to delay or defeat creditors, or avoiding arrest, either on civil or criminal pro­cess. Ayliffe.
Where the statute allows the vacation of a judgment rendered against a defendant "in his absence," the term "absence" means non­appearance to the action, and not merely that the party was not present in court. Strine v. Kaufman, 12 Neb. 423,11 N. W. 867.
In Scotch law. Want or default of ap­pearance. A decree is said to be in absence where the defender (defendant) does not ap­pear. Ersk. Inst bk. 4, tit 3, § 6. See Decbeet.


ABSENTE. Lat. (Abl. of absens.) fil­ing absent. A common term in the old re­ports. "The three justices, absente North, C. J., were clear of opinion." 2 Mod. 14.
ABSENTEE. One who dwells abroad; a landlord who resides in a country other than that from which he draws his rents. The discussions on the subject have generally had reference to Ireland. McCul. Pol. Econ.; 33 Brit. Quar. Rev. 455.
One who is absent from his usual place of residence or domicile.
In Louisiana law and practice. A per­son who has resided in the state, and has departed without leaving any one to repre­sent him. Als.0, a person who never was domiciliated in the state and resides abroad. Civil Code La. art. 3556; Dreville v. Cucullu, 18 La. Ann. 695; Morris v. Bienvenu, 30 La. Ann. 878.
A parliament so called was held at Dublin, 10th May, 8 Hen. VIII. It is mentioned in letters patent 29 Hen. VIII.
Absentem accipere debenvus enm qui non est eo loci in quo petitnr. We
ought to consider him absent who is not in the place where he is demanded. Dig. 50, 16, 199.
Absentia ejus qui reipnblicse causa abest, neque ei neque alii damnosa esse debet. The absence of him who is away in behalf of the republic (on business of the state) ought neither to be prejudicial to him nor to another. Dig. 50, 17, 140.
ABSOILE—ASSOILE. To pardon or set free; used with respect to deliverance from excommunication. Cowell; Kelham.
Absolnta sententia expositore non in-diget. An absolute sentence or proposition (one that is plain without any scruple, or ab­solute without any saving) needs not an ex­positor. 2 Inst. 533.
ABSOLUTE. Unconditional; complete and perfect in itself, without relation to, or dependence on, other things or persons,—as an absolute right; without condition, excep­tion, restriction, Qualification, or limitation, —as an absolute conveyance, an absolute es­tate ; final, peremptory,—as an absolute rule. People v. Ferry, 84 Cal. 31, 24 Pac. 33; Wil­son v. White, 133 Ind. 614, 33 N. E. 361, 19 L. B. A. 581; Johnson v. Johnson, 32 Ala. 637; Germania F. Ins. Co. v. Stewart, 13 Ind. App. 627, 42 N. E. 286.
As to absolute "Conveyance," "Covenant," "Delivery," "Estate," "Gift," "Guaranty," "Interest," "Law," "Nullity," "Property," "Bights," "Rule," "Sale," "Title," "Warran­dice," see those titles.
ABSOLUTELY. Completely; wholly; without qualification; without reference or
relation to, or dependence upon, any other person, thing, or event.
ABSOLUTION. In the civil law. A
sentence whereby a party accused is declared innocent of the crime laid to his charge.
In eanon law. A juridical act whereby the clergy declare that the sins of such as are penitent are remitted.
In French, law. The dismissal of an ac­cusation. The term "acquitment" is em­ployed when the accused is declared not guilty and "absolution" when he is recog­nized as guilty but the act is not punishable by law, or he is exonerated by some defect of intention or will. Merl. Repert; Bouvier.
ABSOLUTISM. Any system of govern­ment, be it a monarchy or democracy, in which one or more persons, or a class, govern absolutely, and at pleasure, without check or restraint from any law, constitutional de­vice, or co-ordinate body.
ABSOLVITOR. In Scotch law. An ac­quittal ; a decree in favor of the defender in any action.
ABSQUE. Without. Occurs in phrases taken from the Latin; such as the following:
(Without rendering anything therefrom.) A grant from the crown reserving no rent. 2 Rolle, Abr. 502.
In old practice. Without the consideration of the court; without judgment Fleta, lib. 2, c. 47, § 13.
ABSQUE HOC. Without this. These are technical words of denial, used in plead­ing at common law by way of special trav­erse, to introduce the negative part of the plea, following the affirmative part or induce­ment. Martin v. Hammon, 8 Pa. 270; Zents v. Legnard, 70 Pa. 192; Hite v. Kier, 38 Pa. 72; Reiter v. Morton, 96 Pa. 229; Turnpike Co. v. McCullough, 25 Pa. 303.
Without impeachment of waste; without ac­countability for waste; without liability to suit for waste. A clause anciently often in­serted in leases, (as the equivalent English phrase sometimes is.) signifying that the ten­ant or lessee shall not be liable to suit, {im-petitio,) or challenged, or called to account, for committing waste. 2 Bl. Comm. 283; 4 Kent, Comm. 78; Co. Litt 220a; Litt. § 352.
ABSQUE TALI CAUSA. (Lat without such cause.) Formal words in the now obso­lete replication de injuria. Steph. PI. 191.
ABSTENTION. In French law. Keep­ing an heir from possession; also tacit re­nunciation of a succession by an heir.. Merl. Repert


ABSTRACT, n. An abstract Is a less quantity containing the virtue and force of a greater quantity. A transcript is general­ly defined a copy, and is more comprehensive than an abstract. Harrison v. Mfg. Co., 10 S. C. 278, 283; Hess v. Draffen, 99 Mo. App. 580, 74 S. W. 440; Dickinson v. Chesapeake & O. R. Co., 7 W. Va. 390, 413; Wilhite v. Barr, 67 Mo. 284.
ABSTRACT, v. To take or withdraw from.
Under the National Bank Act, "abstraction" is the act of one who, being an officer of a na­tional banking association, wrongfully takes or withdraws from it any of its moneys, funds, or credits, with intent to injure or defraud it or some other person or company, and, without its knowledge or consent or that of its board of directors, converts them to the use of him­self or of some person or company other than the bank. It is not the same as embezzlement, larceny, or misapplication of funds. United States v. Harper (O. C.) 33 Fed. 471; United States v. Northway, 120 U. S. 327, 7 Sup. Ct. 580, 30 L. Ed. 664; United States v. Youtsey, fC. C.) 91 Fed. 864; United States v. Taintor, 28 Fed. Cas 7; United States v. Breese (D. C.) 131 Fed. 915.
ABSTRACT OF A FINE, In old con­veyancing. One of the parts of a fine, being an abstract of the writ of covenant, and the concord, naming the parties, the parcels of land, and the agreement. 2 Bl. Comm. 351; Shep. Touch. 3. More commonly called the "note" of the fine. See Fine; Concobd.
ABSTRACT OF TITLE. A condensed history of the title to land, consisting of a synopsis or summary of the material or op­erative portion of all the conveyances, of whatever kind or nature, which in any man­ner affect said land, or any estate or interest therein, together with a statement of all liens, charges, or liabilities to which the same may be subject, and of which it is in any way material for purchasers to be apprised. Warv. Abst. § 2. Stevenson v. Polk, 71 Iowa, 278, 32 N. W. 340; Union Safe Deposit Co. v. Chisholm, 33 111. App. 647; Banker v. Caldwell, 3 Minn. 94 (Gil. 46); Heinsen v. Damb, 117 111. 549, 7 N. E. 75; Smith v. Taylor, 82 Cal. 533, 23 Pac. 217.
An abstract is a condensation, epitome, or synopsis, and therein differs from a copy or a transcript. Dickinson v. Chesapeake & O. R, Co., 7 W. Va. 390, 413.
Abundans cantela non nocet. Extreme caution does no harm. 11 Coke, 66. This principle is generally applied to the construc­tion of instruments in which superfluous words have been inserted more clearly to ex­press the Intention.
ABSURDITY. In statutory construction, an "absurdity" is not only that which is physically impossible, but also that which is morally so; and that is to be regarded as morally impossible which is contrary to rea­son, so that it could not be imputed to a man in his right senses. State v. Hayes, 81
Mo. 574, 585. Anything which Is so irration­al, unnatural, or inconvenient that it cannot be supposed to have been within the inten­tion of men of ordinary intelligence and dis­cretion. Black, Interp. Laws, 104.
ABUSE, v. To make excessive or im­proper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or ex­cessive use, as to abuse one's authority.
In the civil law, the borrower of a chattel which, in its nature, cannot be used without consuming it, such as wine or grain, is said to abuse the thing borrowed if he uses it.
ABUSE, n. Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use.
Of corporate franchises. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done; the use of rights or franchises as a pretext for wrongs and injuries to the public. Baltimore v. Pittsburgh, etc., R. Co., 3 Pittsb. R. (Pa.) 20, Fed. Cas No. 827; Erie & N. E. R. Co. v. Casey, 26 Pa. 287, 318; Railroad Commission v. Houston, etc., R, Co., 90 Tex. 340, 38 S. W. 750; People v. Atlantic Ave. R. Co., 125 N. Y. 513, 26 N. El 622.
Of judicial discretion. This term, com­monly employed to justify an interference by a higher court with the exercise of dis­cretionary power by a lower court, implies not merely error of judgment, but perversity of will, passion, prejudice, partiality, or mor­al delinquency. The exercise of an honest judgment, however erroneous it may appear to be, is not an abuse of discretion. People v. New York Cent. R. Co., 29 N. Y. 418, 431; Stroup v. Raymond, 183 Pa. 279, 38 Atl. 626, 63 Am. St. Rep. 758; Day v. Donohue, 62 N. J. Law, 380, 41 Atl. 934; Citizens' St R. Co. v. Heath, 29 Ind. App. 395, 62 N. E. 107. Where a court does not exercise a discretion* in the sense of being discreet, circumspect, prudent, and exercising cautious judgment, it is an abuse of discretion. Murray v. Buell,
74Wis. 14, 41 N. W. 1010; Sharon v. Sharon,
75Cal. 1, 16 Pac. 345.
Of a female child. An injury to the gen­ital organs in an attempt at carnal knowl­edge, falling short of actual penetration. Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754. But, according to other authorities, "abuse" is here equivalent to ravishment or rape. Palin v. State, 38 Neb. 862, 57 N. W. 743; Commonwealth v. Roosnell, 143 Mass. 32, 8 N. E. 747; Chambers v. State, 46 Neb. 447, 64 N. W. 1078.
Of distress. The using an animal or chat­tel distrained, which makes the distrainer liable as for a -conversion. '
Of process. There is said to be an abuse of process when an adversary, through the


malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent. Wharton.
A malicious abuse of legal process is where the party employs it for some unlawful ob­ject, not the purpose which it is intended by the law to effect; in other words, a perver­sion of it. Lauzon v. Charroux, 18 R. I. 467, '28 Atl. 975; Mayer v. Walter, 64 Pa. 283; Rartlett v. Christhilf, 69 Md. 219, 14 Atl. 518; King v. Johnston, 81 Wis. 578, 51 N. W. 1011; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807.
ABUT. To reach, to touch. In old law, the ends were said to abut, the sides to ad­join. Cro. Jac. 184. And see Lawrence v. Killam, 11 Kan. 499, 511; Springfield v. Green, 120 111. 269, 11 N. B. 261.
Property is described as "abutting" on a street, road, etc, when it adjoins or is adja­cent thereto, either in the sense of actually touching it or being practically contiguous to it, being separated by no more than a small and inconsiderable distance, but not when an­other lot, a street, or any other such distance intervenes. Richards v. Cincinnati, 31 Ohio St. 506; Springfield v. Green, 120 111. 269, 11 N. E. 261; Cohten v. Cleveland, 43 Ohio St. 190, 1 N. E. 589; Holt v. Somerville, 127 Mass. 408; Cincinnati v. Batsche, 52 Ohio St. 324, 40 N. B. 21, 27 L. R. A. 536; Code Iowa 1897, § 968.
ABUTMENTS. The ends of a bridge, or those parts of it which touch the land. Sus­sex County v. Strader, 18 N. J. Law, 108, 35 Am. Dec. 530.
ABUTTALS. (From abut, q. v.) Com­monly defined "the buttings and boundings of lands, east, west, north, and south, showing on what other lands, highways, or places they abut, or are limited and bounded." Co-well; Toml.
AC ETTAM. (Lat And also.) Words used to introduce the statement of the real cause of action, in those cases where it was necessary to allege a fictitious cause of ac­tion to give the court jurisdiction, and also the real cause, in compliance with the stat­utes.
AC SI. (Lat. As if.) Townsh. PI. 23, 27. These words frequently occur in old Eng­lish statutes. Lord Bacon expounds their meaning in the statute of uses: "The statute gives entry, not simpliciter, but with an ac ei." Bac. Read. Uses, Works, iv. 195.
ACADEMY. In its original meaning, an association formed for mutual improvement, or for the advancement of science or art; in later use, a species of educational institution, of a grade between the common school and the college. Academy of Fine Arts v. Phila­delphia County, 22 Pa. 496; Commonwealth r. Banks, 198 Pa. 397, 48 Atl. 277; Blackwell v. State, 36 Ark. 178.
ACAFTE. In French feudal law. A spe­cies of relief; a seignorial right due on every
change of a tenant A feudal right which formerly prevailed in Languedoc and Guy-enne, being attached to that species of herita­ble estates which were granted on the con­tract of emphyteusis. Guyot, Inst Feod. c 5, § 12.
ACCEDAS AD CURIAM. An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat Brev. 18; 3 Bl. Comm. 34; 1 Tidd, Pr. 38.
Lat. (You go to the sheriff.) A writ for­merly directed to the coroners of a county in England, commanding them to go to the sher­iff, where the latter had suppressed and neg­lected to return a writ of pone, and to deliver a writ to him requiring him to return it Reg. Orig. 83. See Pone.
ACCELERATION. The shortening ot the time for the vesting in possession of an expectant interest
ACCEPT. To receive with approval or satisfaction; to receive with intent to retain. Also, in the capacity of drawee of a bill, to recognize the draft, and engage to pay it when due.
ACCEPTANCE. The taking and receiv­ing of anything in good part and as it were a tacit agreement to a preceding act which might have been defeated or avoided if such acceptance had not been made. Brooke, Abr.
The act of a person to whom a thing is of­fered or tendered by another, whereby he re­ceives the thing with the intention of retain­ing it, such intention being evidenced by a sufficient act
The acceptance of goods sold under a con­tract which would be void by the statute of frauds without delivery and acceptance in­volves something more than the act of the vendor in the delivery. It requires that the vendee should also act and that his act should be of such a nature as to indicate that he receives and accepts the goods deliv­ered as his property. He must receive and retain the articles delivered, intending there­by to assume the title to them, to constitute the acceptance mentioned in the statute. Rodgers v. Phillips, 40 N. Y. 524. See, also, Snow v. Warner, 10 Mete. (Mass.) 132, 43 Am. Dec. 417.
In marine insurance, the acceptance of an abandonment by the underwriter is his assent either express or to be implied from the surrounding circumstances, to the suffi­ciency and regularity of the abandonment Its effect is to perfect the insured's right of action as for a total loss, if the cause of loss and circumstances have been truly disclosed. Rap. & Law.
Acceptance of a bill of exchange. In mercantile law. The act by which the per-


gon on whom a bill of exchange is drawn (called the "drawee") assents to the request of the drawer to pay it, or, in other words, engages, or makes himself liable, to pay it when due. 2 Bl Comm. 469; Cox v. National Bank, 100 U. S. 704, 25 L. Ed. 739. It may be by parol or in writing, and either general or special, absolute or conditional; and it may be impliedly, as well as expressly, given. 8 Kent, Comm. 83, 85; Story, Bills, §§ 238, 251 But the usual and regular mode of acceptance is by the drawee's writing across the face of the bill the word "accepted," and subscribing his name; after which he is termed the acceptor. Id. § 243.
The following are the principal varieties of acceptances:
Absolute. An express and positive agree­ment to pay the bill according to its tenor.
Conditional. An engagement to pay the bill on the happening of a condition. Todd v. Bank of Kentucky, 3 Bush (Ky) 628.
Express. An absolute acceptance.
Implied. An acceptance inferred by law from the acts or conduct of the drawee.
Partial. An acceptance varying from the tenor of the bill.
Qualified. One either conditional or par­tial, and which introduces a variation in the sum, time, mode, or place of payment.
Supra protest. An acceptance by a third person, after protest of the bill for non-ac­ceptance by the drawee, to save the honor of the drawer or some particular indorser.
A general acceptance is an absolute ac­ceptance precisely in conformity with the tenor of the bill itself, and not qualified by any statement, condition, or change. Rowe v. Young, 2 Brod. & B. ISO; Todd v. Bank of Kentucky, 3 Bush (Ky.) 628
A special acceptance is the qualified ac­ceptance of a bill of exchange, as where it is accepted as. payable at a particular place "and not elsewhere." Rowe v. Young, 2 Brod. & B. 180.
French law. Acceptance in case of need; an acceptance by one on whom a bill is drawn au besom, that is, in case of refusal or failure of the drawee to accept Story, Bills, §§ 65, 254, 255.
ACCEPTARE. Lat. In old pleading.
To accept. Acceptavit, he accepted. 2 Strange, 817. Non acceptavit, he did not accept 4 Man & G. 7.
In the civil law. To accept; to assent; to assent to a promise made by another. Gro de J. B. lib. 2, c 11, § 14.
In French law. Acceptor of a bill for honor.
ACCEPTILATION. In the civil and Scotch law. A release made by a creditor to his debtor of his debt, without receiving any consideration. AyL Pand. tit. 26, p. 570. It
is a species of donation, but not subject to the forms of the latter, and is valid unless In fraud of creditors. Merl. Repert.
The verbal extinction of a verbal contract, with a declaration that the debt has been paid when it has not; or the acceptance of something merely imaginary in satisfaction of a verbal contract Sandars' Just Inst (5th Ed.) 386.
ACCEPTOR. The person who accepts a bill of exchange, (generally the drawee,) or who engages to be primarily responsible for its payment
who accepts a bill which has been protested, for the honor of the drawer or any one of the indorsers.
ACCESS. Approach; or the means, pow­er, or opportunity of approaching Some­times importing the occurrence of sexual in­tercourse ; otherwise as importing opportuni­ty of communication for that purpose as be­tween husband and wife.
In real property law, the term "access" denotes the right vested in the owner of land which adjoins a road or other highway to go and return from his own land to the highway without obstruction. Chicago, etc., R. Co. v. Milwaukee, etc, R. Co., 95 Wis. 561, 70 N. W. 678, 37 L. R. A. 856, 60 Am. St. Rep. 136; Ferguson v. Covington, etc., R Co., 108 Ky. 662, 57 S. W. 460; Reining v. New York, etc., R. Co. (Super. Buff.) 13 N. Y. Supp. 238,
ACCESSARY. In criminal law. Con­tributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, be­comes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, instigation, or concealment; either before or after the fact or commission; a particeps criminis. 4 Bl. Comm. 35; Cowell.
An accessary is one who is not the chief actor in the offense, nor present at its per­formance, but in some way concerned there­in, either before or after the act committed. Code Ga. 1882, § 4306. People v. Schwartz, 32 Cal. 160; Fixmer v. People, 153 111 123, 38 N E 667; State v. Berger, 121 Iowa, 581, 96 N W. 1094; People v. Ah Ping, 27 Cal. 489; United States v. Hartwell, 26 Fed. Cas. 198.
Accessary after the fact. An acces­sary after the fact is a person who, hav­ing full knowledge that a crime has been committed, conceals it from the magistrate, and harbors, assists, or protects the person charged with, or convicted of, the crime. Code Ga. 1882, § 4308; Pen. Code Cal § 32.
All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape


from arrest, trial, conviction, or punishment, are accessaries. Pen. Code Dak. § 28.
An accessary after the fact is a person who, knowing a felony to have been commit­ted by another, receives, relieves, comforts or assists the felon, in order to enable him to escape from punishment, or the like. 1 Russ. Crimes, 171; Steph. 27; United States v. Hartwell, 26 Fed. Cas. 196; Albritton v. State, 32 Fla. 358, 13 South. 955; State r. Davis, 14 R. I. 281; People v. Sanborn, 14 N. Y. St. Rep. 123; Loyd v. State, 42 Ga. 221; Carroll v. State, 45 Ark. 545; Blakely v. State, 24 Tex. App. 616, 7 S. W. 233, 5 Am. St Rep. 912.
Accessary before the fact. In crim­inal law. One who, being absent at the time a crime is committed, yet procures, counsels, or commands another to commit it-; and, in this case, absence is necessary to constitute him an accessary, for, if he be present at any time during the transaction, he is guilty of the crime as principal. Plow. 97. 1 Hale, P. C. 615, 616; 4 Steph. Comm. 90, note n.
An, accessary before the fact is one who, being absent at the time of the crime com­mitted, doth yet procure, counsel, or com­mand another to commit a crime. Code Ga. 1882, § 4307; United States v. Hartwell, 26 Fed. Cas. 196; Griffith v. State, 90 Ala. 583, 8 South. 812; Spear v. Hiles, 67 Wis. 361, 30 N. W. 511; Com. v. Hollister, 157 Pa. 13, 27 Atl. 386, 25 L. R. A. 349; People v. Sanborn, 14 N. Y. St Rep. 123.
Accessary during the fact. One who stands by without interfering or giving such help as may be In his power to prevent the commission of a criminal offense. Farrell v. People, 8 Colo. App. 524, 46 Pac. 841.
phrase used in the law of divorce, and de­rived from the criminal law. It implies more than connivance, which is merely knowledge with consent. A conniver abstains from in­terference; an accessary directly commands, advises, or procures the adultery. A hus­band or wife who has been accessary to the adultery of the other party to the marriage cannot obtain a divorce on the ground of such adultery. 20 & 21 Vict c. 85, §§ 29, 31. See Browne, Div.
ACCESSIO. In Roman law. An in­crease or addition; that which lies next to a thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the principal thing. Cal­vin. Lex. Jurid.
One of the modes of acquiring property, being the extension of ownership over that which grows from, or is united to, an article which one already possesses. Mather v. Chapman, 40 Conn. 382, 397, 16 Am. Rep. 46.
ACCESSION. The right to all which one's own property produces, whether that
property be movable or immovable; and the right to that which is united to it by acces­sion, either naturally or artificially. 2 Kent, 360; 2 Bl. Comm. 404.
A principle derived from the civil law, by which the owner of property becomes entitled to all which it produces, and to all that is added or united to it, either naturally or arti­ficially, (that is, by the labor or skill of an­other,) even where such addition extends to a change of form or materials; and by which, on the other hand, the possessor of property be­comes entitled to it, as against the original owner, where the addition made to it by his skill and labor is of greater value than the property itself, or where the change effected in its form is so great as to render it impos­sible to restore it to its original shape. Burrill. Betts v. Lee, 5 Johns. (N. Y.) 348, 4 Am. Dec. 368; Lampton v. Preston, 1 J. J. Marsh. (Ky.) 454, 19 Am. 'Dec. 104; Eaton v. Munroe, 52 Me. 63; Pulcifer v. Page, 32 Me. 404, 54 Am. Dec. 582.
In international law. The absolute or conditional acceptance by one or several states of a treaty already concluded between other sovereignties. Merl. Repert. Also the commencement or inauguration of a sover­eign's reign.
ACCESSION, DEED OF. In Scotch law. A deed executed by the creditors of a bankrupt or insolvent debtor, by which they approve of a trust given by their debtor for the general behoof, and bind themselves to concur in the plans proposed for extricat­ing his affairs. Bell, Diet.
Accessorinan non ducit, sed loquitur smun principale. Co. Litt. 152. That which is the accessory or incident does not lead, but follows, its principal.
Accessorins sequitnr naturam sni principalis. An accessary follows the na­ture of his principal. 3 Inst 139. One who is accessary to a crime cannot be guilty of a higher degree of crime than his prin­cipal.
ACCESSORY. Anything which Is joined to another thing as an ornament, or to ren­der it more perfect, or which accompanies it, or is connected with it as an incident, or as subordinate to it, or which belongs to or with it.
In criminal law. An accessary. The lat­ter spelling is preferred. See that title.
ACCESSORY ACTION. In Scotch prac­tice. An action which is subservient or auxiliary to another. Of this kind are ac­tions of "proving the tenor," by which lost deeds are restored; and actions of "tran-sumpts," by which copies of principal deeds are certified. Bell, Diet
civil law. A contract which is incident or auxiliary to another or principal contract; such as the engagement of a surety. Poth Obi. pt. 1, C. 1, § 1, art 2. A principal contract is one entered into by


both parties on their own accounts, or in the several qualities they assume. An accessory contract is made for assuring the perform­ance of a prior contract, either by the same parties or by others; such as suretyship, mortgage, and pledge. Civil Code La. art 1771.
ACCESSORY OBLIGATION. In the civil law. An obligation which is incident to another or principal obligation; the obli­gation of a surety. Poth. Obi. pt 2, c. 1, § 6.
In Scotch law. Obligations to anteced­ent or primary obligations, such as obliga­tions to pay interest, etc. Ersk. Inst lib. 3, tit 3, § 60.
ACCIDENT. An unforeseen event, oc­curring without the will or design of the person whose mere act causes it; an unex­pected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. Burkhard v. Travelers' Ins. Co., 102 Pa. 262, 48 Am. Rep. 205; iEtna L. Ins. Co. v. Vandecar, 86 Fed. 282, 30 C. C. A. 48; Carnes v. Iowa Traveling Men's Ass'n, 106 Iowa, 281, 76 N. W. 683, 68 Am. St Rep. 306; Atlanta Ace. Ass'n v. Alexander, 104 Ga. 709, 30 S. E. 939. 42 L. R. A. 188; Crutchfield v. Richmond & D. R. Co., 76 N. O. 320; Dozier v. Fidelity & Casualty Co. (O. C.) 46. Fed. 446, 13 L. R. A. il4; Fidelity & Casualty Co. v. John­son, 72 Miss. 333, 17 South. 2, 30 L. R. A. 206.
In its proper use the term excludes negli­gence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which he was placed. Brown v. Kendall, 6 Cush. (Mass.) 292; United States v. Boyd (C. C.) 45 Fed. 851; Armijo v. Abeytia, 6 N. M. 533, 25 Pac 777; St. Louis, etc, R. Co. v. Barnett, 65 Ark. 255, 45 S. W. 550; Aurora Branch R. Co. v. Grimes, 13 111. 585. But see Schneider v. Provident L. Ins. Co., 24 Wis. 28, 1 Am. Rep. 157.
In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or mis­conduct in the party. Fran. Max. 87; Story, Eq. Jur. § 78.
The meaning to be attached to the word "accident," in relation to equitable relief, is any unforeseen and undesigned event productive of disadvantage. Wharton.
An accident relievable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in re­lation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over another in a court of law. Code Ga. 1882, § 3112. And see Bostwick v. Stiles, 35 Conn. 195; Kopper v. Dyer, 59 Vt 477, 9 Atl. 4, 59 Am. Rep. 742; Magann
v. Segal, 92 Fed. 252, 34 C. C. A. 323; Buckl, etc., Lumber Co. v. Atlantic Lumber Co., 11(3 Fed. 1, 53 O. C. A. 513; Zimmerer v. Fre­mont Nat Bank, 59 Neb. 661, 81 N. W. 849; Pickering v. Cassidy, 93 Me. 139, 44 Atl. 683.
In maritime law and marine insur­ance. "Accidents of navigation" or "acci­dents of the sea" are such as are peculiar to the sea or to usual navigation or the ac­tion of the elements, which do not happen by the intervention of man, and are not to be avoided by the exercise of proper prudence, foresight, and skill. The Miletus, 17 Fed. Cas. 288; The G. R. Booth, 171 U. S. 450, 19 Sup. Ct 9, 43 L. Ed. 234; The Carlotta, 5 Fed. Cas. 76; Bazin v. Steamship Co., 2 Fed. Cas. 1,097. See also Perils of the Sea.
ACCIDEBE. Lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to be satisfied out of assets quando acci-derint; i. e., when they shall come to hand.
ACCION. In Spanish law. A right of action; also the method of judicial pro­cedure for the recovery of property or a debt. Escriche, Die. Leg. 49.
Accipere quid ut justitiam facias, non est tarn accipere qnam extorquere. To
accept anything as a reward for doing jus­tice is rather extorting than accepting. Lofft, 72.
ACCIPITARE. To pay relief to lords of manors. Capital* domino accipitare, i. e., to pay a relief, homage, or obedience to the chief lord on becoming his vassal. Fleta, lib. 2, c. 50.
ACCOLA. In the civil law. One who
inhabits or occupies land near a place, as one who dwells by a river, or on the bank of a river. Dig. 43, 13, 3, 6.
In feudal law. A husbandman; an agri­cultural tenant; a tenant of a manor. Spel-man. A name given to a class of villeins in Italy. Barr. St. 302.
ACCOMENDA. In maritime law. A contract between the owner of goods and the master of a ship, by which the former in­trusts the property to the latter to be sold by him on their joint account.
In such case, two contracts take place: First, the contract called mandatum, by which the owner of the property gives the master power to dispose of it; and the contract of partner­ship, in virtue of which the profits are to be di­vided between them. One party runs the risk of losing his capital; the other, his labor. If the sale produces no more than first cost, the owner takes all the proceeds. It is only the profits which are to be divided. Emerig. Mar. Loans, § 5.
ACCOMMODATION. An arrangement or engagement made as a favor to another, not upon a consideration received; some-
Arc hive CD Books USA

thing done to oblige, usually spoken of a loan of money or commercial paper; also a friendly agreement or composition of differ­ences. Abbott.
See Indoesement.
ACCOMMODATION LANDS. Land bought by a builder or speculator, who erects houses thereon, and then leases por­tions thereof upon an improved ground-rent
ACCOMMODATION PAPER. An ac­commodation bill or note is one to which the accommodating party, be he acceptor, draw­er, or indorser, has put his name, without consideration, for the purpose of benefiting or accommodating some other party who de­sires to raise money on it, and is to provide for the bill when due. Miller v. Larned, 103 111. 562; Jefferson County v. Burlington & M. R, Co., 66 Iowa, 385, 16 N. W. 561, 23 N. W. 899; Gillmann v. Henry, 53 Wis. 465, 10 N. W. 692; Peale v. Addicks, 174 Pa. 543, 34 Atl. 201.
ACCOMMODATION WORKS. Works which a railway company is required to make and maintain for the accommodation of the owners or occupiers of land adjoining the railway; e. g., gates, bridges, culverts, fences, etc 8 Vict c. 20, § 68.
ACCOMPXICE. In criminal law. A pcaton who knowingly, voluntarily, and with common intent with the principal offender ui&es |n the commission of a crime. Clapp v. State, 94 Tenn. 186, 30 S. W. 214; People v. BoJan«er, 71 Cal. 17, 11 Pac. 799; State v. UmbJe, XW Mo. 452, 22 S. W. 378; Car­roll v. State, M> Ark. 539; State v. light, 17 Or. 358, 21 *£e. 132.
One who is |gtoed or united with another; one of several concerned in a felony; an as­sociate in a erime; one who co-operates, aids, or assi*£$ Jn committing it State v. Ban, 90 Iowa, gg£, 58 N. W. 898. This term includes all £h# *f>articipes criminis, whether considered in strict legal propriety as prin­cipals or as accessaries. 1 Russ. Crimes, 26. It is generally applied to those who are ad­mitted to give evidence against their fel­low criminals. 4 Bl. Comm. 331; Hawk. P. C. bk. 2, c. 37, § 7; Cross v. People, 47 111. 158, 95 Am. Dec. 474.
One who is m some way concerned in the commission of a crime, though not as a principal; and this includes all persons who have been concerned in its commission, whether they are considered, in strict legal propriety, as principals in the first or sec­ond degree, or merely as accessaries before or after the fact In re Rowe, 77 Fed. 161, 23 C. C. A. 103; People v. Bolanger, 71 Cal. 17 11 Pac. 799; Polk v. State, 36 Ark. 117; Armstrong v. State, 33 Tex. Cr. R. 417, 26 S. W. 829.
ACCORD, v. In practice. To agree or concur, as one judge with another. "I ac­cord." Eyre, C. J., 12 Mod. 7. "The rest accorded." 7 Mod. 361.
ACCORD, n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bar to all actions upon this account. Kromer v. Helm, 75 N. Y. 576, 31 Am. Rep. 491.
An agreement to accept, in extinction of an obligation, something different from or less than that to which the person agreeing to accept is entitled. Civ. Code CaL § 1521; Civ. Code Dak1. § 859.
agreement between two persons, one of whom has a right 'of action against the oth­er, that the latter should do or give, and the former accept, something in satisfaction of the right of action different from, and usu­ally less than, what might be legally en­forced. When the agreement is executed, and satisfaction has been made, it is called "accord and satisfaction." Rogers v. Spo­kane, 9 Wash. 168, 37 Pac. 300; Davis v. Noaks, 3 J. J. Marsh. (Ky.) 494.
Accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execu-ti6n of the latter agreement Such is the definition of this sort of defense, usually given. But a broader application of the doc­trine has been made in later times, where one promise or agreement is set up in sat­isfaction of another. The rule is that an agreement or promise of the same grade will not be held to be in satisfaction of a prior one, unless it has been expressly accepted as such; as, where a new promissory note has been given in lieu of a former one, to have the effect of a satisfaction of the former, it must have been accepted on an express agreement to that effect. Pulliam v. Taylor, 50 Miss. 251; Continental Nat Bank v. Mc-Geoch, 92 Wis. 286, 66 N. W. 606; Heath v. Vaughn, 11 Colo. App. 384, 53 Pac. 229; Story v. Maclay, 6 Mont. 492, 13 Pac. 198; Swofford Bros. Dry Goods Co. v. Goss, 65 Mo. App. 55; Rogers v. Spokane, 9 Wash. 168, 37 Pac. 300; Heavenrich v. Steele, 57 Minn. 221, 58 N. W. 982.
ACCORDANT. Fr. and Elig. Agree­ing; concurring. "Baron Parker, occord-ant," Hardr. 93; "Holt, C. J., accordant," 6 Mod. 299; "Powys, J., accord," "Powell, J., accord," Id. 298.
ACCOUCHEMENT. The act of a woman in giving birth to a child. The fact of the accouchement proved by a person who was present, is often Important evidence in prov­ing the parentage of a person.
ACCOUNT. A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of con-


tracts or some fiduciary relation. Whitwell v. Willard, 1 Mete. (Mass.) 216; Blakeley v. Biscoe, 1 Hempst. 114, Fed. Cas. No. 18,239; Portsmouth v. Donaldson, 32 Pa. 202, 72 Am. Dec. 782.
A statement in writing, of debts and cred­its, or of receipts and payments; a list of items of debts and credits, with their re­spective dates. Rensselaer Glass Factory v. Reid, 5 Cow. (N. Y.) 593.
The word is sometimes used to denote the balance, or the right of action for the balance, appearing due upon a statement of dealings; as where one speaks of an assignment of ac­counts; but there is a broad distinction be­tween an account arid the mere balance of an account, resembling the distinction in logic between the premises of an argument and the conclusions drawn therefrom. A balance is but the conclusion or result of the debit and credit sides of an account. It implies mutual deal­ings, and the existence of debt and credit, with­out which there could be no balance. McWil-lianis v. Allan, 45 Mo. 574.
—Account closed. An account to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an ac­count stated. Bass v. Bass, 8 Pick. (Mass.) 187; Volkening v. De Graaf, 81 N. Y. 268; Mandeville v. Wilson, 5 Cranch, 15, 3 L. Ed. 23.—Account current. An open or running or unsettled account between two parties.— Account duties. Duties payable by the Eng­lish customs and inland revenue act, 1881, (44 Vict. c. 12, § 38,) on a donatio mortis causa, or on any girt, the donor of which dies within three months after making it, or on j'oint prop­erty voluntarily so created, and taken by sur­vivorship, or on property taken under a volun­tary settlement in which the settlor had a life-interest.—Account rendered. An account made out by the creditor, and presented to the debtor for his examination and acceptance. When accepted, it becomes an account stated. Wiggins v. Burkham, 10 Wall. 129, 19 L. Ed. 884; Stebbins v. Niles, 25 Miss. 267—Ac­count stated. The settlement of an account between the parties, with a balance struck in favor of one of them; an account rendered by the creditor, and by the debtor assented to as correct, either expressly, or by implication of law from the failure to object. Ivy Coal Co. v. Long, 139 Ala. 535, 36 South 722; Zac-arino v. Pallotti. 49 Conn. 36; McLellan v. Crofton, 6 Me. 307; James v. Fellowes, 20 La. Ann. 116; Lockwood v. Thorne. 18 N. Y. 285; Holmes v. Page, 19 Or. 232. 23 Pac. 961; Philips v. Belden, 2 Edw. Ch (N. Y.) 1; Ware v. Manning, 86 Ala. 238, 5 South 682; Morse v. Minton, 101 Iowa, 603, 70 N. W. 691. This was also a common count in a declaration upon a contract under which the plaintiff might prove an absolute acknowledgment by the de­fendant of a liquidated demand of a fixed amount, which implies a promise to pay on re­quest. It might be joined with any other count for a money demand. The acknowledgment or admission must have been made to the plaintiff or his agent. Wharton.—Mutual accounts. Accounts comprising mutual credits between the parties; or an existing credit on one side which constitutes a ground for credit on the other, or where there is an understanding that mutual debts shall be a satisfaction or set-off pro tanto between the parties. McNeil v. Garland 27 Ark. 343.—Open account. An account which has not been finally settled or closed, but is still running or open to future adjustment or liquida­tion. Open account, in legal as well as in or­dinary language, means an indebtedness subject to future adjustment, and which may be re­duced or modified by proof. Nisbet v. Law-
Bl.Law Dict.(2d Ed.)—2
son, 1 Ga. 275; Gayle v. Johnston, 72 Ala. 254. 47 Am. Rep. 405; McCamant v. Batsell, 59 Tex. 368; Purvis v. Kroner, 18 Or. 414, 23 Pac. 260.—Public accounts. , The accounts kept by officers of the nation, state, or king­dom, or the receipt and expenditure of the reve-. nues of the government.
In practice. "Account," sometimes called "account render," was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, receiver, etc.) was bound to render an account to another, but refused to do so. Fitzh. Nat. Brev. 116; Co. Litt. 172; Grif­fith v. Willing, 3 Bin. (Pa.) 317; Travers v. Dyer, 24 Fed. Oas. 142; Stevens v. Coburn, 71 Vt 261, 44 Atl. 354; Portsmouth v. Don­aldson, 32 Pa. 202, 72 Am. Dec. 782.
In England, this action early fell into disuse; and as it is one of the most dilatory and ex­pensive actions known to the law, and the par­ties are held to the ancient rules of pleading, and no discovery can be obtained, it never was adopted to any great extent in the United States. But in some states this action was em­ployed, chiefly because there were no chancery eourts in which a bill for an accounting would lie. The action is peculiar in the fact that two judgments are rendered, a preliminary judg­ment that the defendant do account with the plaintiff (quod computet) and a final judgment (quod recuperet) after the accounting for the balance found due. Field v. Brown, 146 Ind. 293, 45 N. E. 464; Travers v. Dyer, 24 Fed. Cas. 142.
ACCOUNT-BOOK. A book kept by a merchant, trader, mechanic, or other person, In which are entered from time to time the transactions of his trade or business. Such books, when regularly kept, may be admit­ted in evidence. Greenl. Ev. §§ 115-118.
ACCOUNTABLE. Subject to pay; re­sponsible; liable. Where one indorsed a note "A. C. accountable," it was held that, under this form of indorsement, he haci waived demand and notice. Furber v. Cav-erly, 42 N. H. 74.
ACCOUNTABLE RECEIPT. An in­strument acknowledging the receipt of mon­ey or personal property, coupled with an ob­ligation to account for or pay or deliver the whole or some part of it to some person. State v. Riebe, 27 Minn. 315, 7 N. W. 262.
ACCOUNTANT. One who keeps ac­counts , a person skilled in keeping books or accounts; an expert in accounts or book­keeping.
A person who renders an account. When an executor, guardian, etc., renders an ac­count of the property in his hands and his administration of the trust, either to the beneficiary or to a court, he is styled, for the purpose of that proceeding, the "account­ant."
ACCOUNTANT GENERAL, or AC-COMPTANT GENERAL. An officer of the court of chancery, appointed by act of


parliament to receive all money lodged In court, and to place the same In the Bank of England for security. 12 Geo. I. c. 32; 1 Geo. IV. c. 35; 15 & 16 Vict. c. 87, §§ 18-22, 39. See Daniell, Ch. Pr. (4th Ed.) 1607 et seq. The office, however, has been abolished by 35 & 36 Vict. c. 44, and the duties trans­ferred to her majesty's paymaster general.
ACCOUNTING. The making up and rendition of an account, either voluntarily or by order of a court. Buxton v. Edwards, 134 Mass. 567, 578. May include payment of the amount due. Pyatt v. Pyatt, 46 N. J. Eq. 285, 18 Atl. 1048.
ACCOUPIiE. To unite; to marry. Ne unques decouple, never married.
ACCREDIT. In international law. (1) To receive as an envoy In his public charac­ter, and give him credit and rank accord­ingly. Burke. (2) To send with credentials as ,an envoy. Webst. Diet.
records. To purge an offense by oath. Blount; Whishaw.
ACCRESCERE. In the civil and old English law. To grow to; to pass to, and become united with, as soil to land per al-lutnonem. Dig. 41, 1, 30, pr.
ACCRETION. The act of growing to a thing; usually applied to the gradual and imperceptible, accumulation of land by nat­ural causes, as out of the sea or a river. Accretion of land is of two kinds: By al­luvion, i. e., by the washing up of sand or soil, so as to form firm ground; or by derelic­tion, as when the sea shrinks below the usual water-mark.
The increase of real estate by the addition of portions of soil, by gradual deposition through the operation of natural causes, to that already in possession of the owner. 2 Washb. Real Prop. 451. Jefferis v. East Omaha Land Co., 134 U. S. 178, 10 Sup. Ct. 518, 33 L. Ed. 872; New Orleans v. United States, 10 Pet 662, 717, 9 L. Ed. 573; Lam-mers v. Nissen, 4 Neb. 245; Mulry v. Nor­ton, 100 N. Y. 424, 3N.B. 581, 53 Am. Rep. 206; Nebraska v. Iowa, 143 U. S. 359, 12 Sup. Ct. 396, 36 L. Ed. 186; Ewing v. Bur­net, 11 Pet. 41, 9 L. Ed. 624; St. Louis, etc., R. Co. v. Ramsey, 53 Ark. 314, 13 S. W. 931, 8 L. R. A. 559, 22 Am. St. Rep. 195.
In the civil law. The right of heirs or legatees to unite or aggregate with their shares or portions of the estate the portion of any co-heir or legatee who refuses to ac­cept it, fails to comply with a condition, becomes incapacitated to inherit, or dies be­fore the testator. In this case, his portion is said to be "vacant," and is added to the corpus of the estate and divided with it, the several shares or portions of the other
heirs or legatees being thus increased by "accretion." Bmeric v. Alvarado, 64 Cal, 529, 2 Pac. 418; Succession of Hunter, 45 La. Ann. 262, 12 South. 312.
ACCROACH. To encroach; to exercise power without due authority.
To attempt to exercise royal power. 4 Bl. Oomm. 76. A knight who forcibly assaulted and detained one of the king's subjects till he paid him a sum of money was held to have committed treason, on the ground of accroachment. 1 Hale, P. C. 80.
ACCROCHER. Fr. #In French law. To delay; retard; put off. Accrocher un proces, to stay the proceedings in a suit.
ACCRUE. To grow to; to be added to; to attach itself to; as a subordinate or acces­sory claim or demand arises out of, and is joined to, its principal; thus, costs accrue to a judgment, and interest to the principal debt.
The term is also used of independent or original demands, and then means to arise, to happen, to come into force or existence; to vest; as in the phrase, "The right of ac­tion did not accrue within six years." Amy v. Dubuque, 98 U. S. 470, 476, 25 L. Ed. 228; Eising v. Andrews, 66 Conn. 58, 33 Atl. 585, 50 Am. St. Rep. 75; Napa State Hos­pital v. Yuba County, 138 Cal. 378, 71 Pac. 450.
ACCRUER, CLAUSE OF. An express clause, frequently occurring in the case of gifts by deed or will to persons as tenants in common, providing that upon the death of one or more of the beneficiaries his or their shares shall go* to the survivor or sur­vivors. Brown. The share of the decedent Is then said to accrue to the others.
ACCRUING. Inchoate; in process of maturing. That which will or may, at a future time, ripen into a vested right, an available demand, or an existing cause of action. Cochran v. Taylor, 13 Ohio St. 382.
Accruing costs. Costs and expenses in­curred after judgment
Accruing interest. Running or accumu­lating interest, as distinguished from ac­crued or matured interest; interest daily accumulating on the principal debt but not yet due and payable. Gross v. Partenheim-er, 159 Pa. 556, 28 Atl. 370.
Accruing right. One that is increasing, enlarging, or augmenting. Richards v. Land Co., 54 Fed. 209, 4 C. C. A. 290.
ACCT. An abbreviation for "account," of such universal and immemorial use that the courts will take judicial notice of its meaning. Heaton v. Ainley, 108 Iowa, 112, 78 N. W. 798.
ACCUMULATED SURPLUS. In stat­utes relative to the taxation of corporations*

this term refers to the fund which the com­pany has in excess of its capital and liabili­ties. Trenton Iron Co. v. Yard, 42 N. J. Law, 357; People's F. Ins. Co. v. Parker, 35 N. J. Law, 575; Mutual Ben. L. Ins. Co. v. Utter, 34 N. J. Law, 489; Mills v. Brit-ton, 64 Conn. 4, 29 Atl. 231, 24 L. R. A. 536.
ACCUMULATIONS. When an executor or other trustee masses the rents, dividends, and other income which he receives, treats it as a capital, invests it, makes a new capital of the income derived therefrom, invests that, and so on, he is said to accumulate the fund, and the capital and accrued income thus procured constitute accumulations. Hussey v. Sargent, 116 Ky. 53, 75 S. W. 211; In re Rogers' Estate, 179 Pa. 609, 36 Atl. 340; Thorn v. De Breteuil, 86 App. Div. 405, 83 N. Y. Supp. 849.
ACCUMULATIVE. That which accu­mulates, or is heaped up; additional. Said of several things heaped together, or of one thing added to another.
Accumulative judgment. Where a per­son has already been convicted and sen­tenced, and a second or additional judgment is passed against him, the execution of which is postponed until the completion of the first sentence, such second judgment is said to be accumulative.
Accumulative legacy. A second, double, or additional legacy; a legacy given in ad­dition to another given by the same instru­ment, or by another instrument.
Accusare nemo se debet, nisi coram
Deo. No one is bound to accuse himself, ex­cept before God. See Hardres, 139.
ACCUSATION. A formal charge against a person, to the effect that he is guilty of a punishable offense, laid before a court or magistrate having jurisdiction to inquire into the alleged crime. See Accuse.
Accusator post rationabile tempus non est audiendus, nisi se bene de omis-sione excusaverit. Moore, 817. An ac­cuser ought not to be heard after the ex­piration of a reasonable time, unless he can account satisfactorily for the delay.
ACCUSE. To bring a formal charge against a person, to the effect that he is guilty of a crime or punishable offense, be­fore a court or magistrate having jurisdic­tion to inquire into the alleged crime. Peo­ple v. Frey, 112 Mich. 251, 70 N. W. 548; People v. Braman, 30 Mich. 460; Castle v. Houston, 19 Kan. 426, 27 Am. Rep. 127; Gordon v. State, 102 Ga. 673, 29 S. E. 444; Pen. Code Texas, 1895, art. 240.
In its popular sense "accusation" applies to all derogatory charges or imputations, whether or not they relate to a punishable legal offense, and however made, whether orally, by news­paper, or otherwise. State v. South. 5 Rich. Law (S. O.) 489; Com. v. Andrews, 132 Mass.
263; People v. Braman, 30 Mich. 460. But in legal phraseology it is limited to such ac­cusations as have taken shape in a prosecution. United States v. Patterson, 150 U. S. 65, 14 Sup. Ct. 20, 37 Lu Ed. 999.
ACCUSED. The person against whom an accusation is made.
"Accused" Is the generic name for the de­fendant in a criminal case, and is more ap­propriate than either "prisoner" or "defend­ant" 1 Car. & K. 131.
ACCUSER. The person by whom an ac­cusation is made.
ACEPHAIil. The levelers in the reign of Hen. I., who acknowledged no head or superior. Leges H. 1; Cowell. Also certain ancient heretics, who appeared about the be­ginning of the sixth century, and asserted that there was but one substance in Christ, and one nature. Wharton; Gibbon, Rom. Emp. ch. 47.
ACEQUIA. In Mexican law. A ditch, channel, or canal, through which water, di­verted from its natural course, is conducted, for use in irrigation or other purposes.
ACHAT. Fr. A purchase or bargain. Cowell.
ACHERSET. In old English law. A measure of corn, conjectured to have been the same with our quarter, or eight bushels. Cowell.
ACKNOWLEDGE. To own, avow, or admit; to confess; to recognize one's acts, and assume the responsibility therefor.
ACKNOWLEDGMENT. In conveyanc­ing. The act by which a party who has exe­cuted an instrument of conveyance as grant­or goes before a competent officer or court, and declares, or acknowledges the same as his genuine and voluntary act and deed. The certificate of the officer on such instru­ment that it has been so acknowledged. Rogers v. Pell, 154 N. Y. 518, 49 N. E. 75; Strong v. United States (D. C.) 34 Fed. 17; Burbank v. Ellis, 7 Neb. 156.
The term is also used of the act of a per­son who avows or admits the truth of cer­tain facts which, if established, will entail a civil liability upon him. Thus, the debtor's acknowledgment of the creditor's demand or right of action will toll the statute of limita­tions. Ft. Scott v. Hickman, 112 U. S. 150, 163, 5 Sup. Ct. 56, 28 L. Ed. 636. Admission is also used in this sense. Roanes v. Archer, 4 Leigh (Va.) 550. To denote an avowal of criminal acts, or the concession of the truth of a criminal charge, the word "confession" seems more appropriate.
Of a child. An avowal or admission that the child is one's own; "recognition of a par­ental relation, either by a written agreement, verbal declarations or statements, by the life,


acts, and conduct of the parties, or any other satisfactory evidence that the relation was recognized and admitted. In re Spencer (Sur.) 4 N. Y. Supp. 395; In re Hunt's Es­tate, 86 Hun, 232, 33 N. Y. Supp. 256; Blythe T. Ayres, 96 Cal. 532, 31 Pac. 915, 19 L B. A. 40; Bailey v. Boyd, 59 Ind. 292.
—Acknowledgment money. A sum paid in some parts of England by copyhold tenants on the death of their lords, as a recognition of their new lords, in like manner as money is usually paid on the attornment of tenants. Cowell.— Separate acknowledgment. An acknowl­edgment of a deed or other instrument, made by a married woman, on her examination by the officer separate and apart from her husband.
ACOLYTE. An inferior ministrant or servant in the ceremonies of the church, whose duties are to follow and wait upon the priests and deacons, etc.
ACQUEST. An estate acquired newly, or by purchase. 1 Reeve, Eng. Law, 56.
ACQUETS. In the civil law. Property which has been acquired by purchase, gift, or otherwise than by succession.' Immovable property which has been acquired otherwise than by succession. Merl. Repert.
Profits or gains of property, as between husband and wife. Civil Code La. § 2369; Comp. Laws N. M. § 2030.
ACQUIESCE. To give an implied con­sent to a transaction, to the accrual of a right, or to any act, by one's mere silence, or without express assent or acknowledgment. Matthews v. Murchison (C. C.) 17 Fed. 760; Cass County v. Plotner, 149 Ind. 116, 48 N. E. 635; Scott v. Jackson, 89 Cal. 258, 26 Pac. 898.
ACQUIESCENCE. Acquiescence is where a person who knows that he is entitled to im­peach a transaction or enforce a right neg­lects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right. Scott v. Jackson, 89 Cal. 258, 26 Pac. 898; Lowndes v. Wicks, 69 Conn. 15, 36 Atl. 1072; Norfolk & W. R. Co. v. Perdue, 40 W. Va. 442, 21 S. El 755; Pence v. Langdon, 99 U. S. 578, 25 L. Ed. 420.
Acquiescence and laches are cognate but not equivalent terms. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches imports a merely passive assent, while acquiescence im­plies active assent. Lux v. Haggin, 69 Cal. 255, 10 Pac. 678; Kenyon v. National Life Ass'n, 39 App. Div. 276, 57 N. Y. Supp. 60: Johnson-Brinkman Commission Co. v. Missouri Pac R. Co., 126 Mo. 345, 28 S. W. 870, 26 L. R, A. 840, 47 Am. St. Rep. 675.
ACQUIETANDIS PLEGIIS. A writ Of justices, formerly lying for the surety against a creditor who refuses to acquit him after
the debt has been satisfied. Reg. Writs, 158; Cowell; Blount.
ACQUIRE. In the law of contracts and of descents; to become the owner of proper­ty ; to make property one's own. Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St. Rep. 17.
ACQUIRED. Coming to an intestate in any other way than by gift, devise, or descent from a parent or the ancestor of a parent In re Miller's Will, 2 Lea (Tenn.) 54.
Acquired rights. Those which a man does not naturally enjoy, but which are owing to his own procurement, as sovereign­ty, or the right of commanding, or the right of property. Borden v. State, 11 Ark. 519, 527, 44 Am. Dec. 217.
ACQUISITION. The act of becoming the owner of certain property; the act by which one acquires or procures the property in anything. Used also of the thing ac­quired.
Original acquisition is where the title to the thing accrues through occupancy or ac­cession, (q. v.,) or by the creative labor of the individual, as in the case of patents and copyrights.
Derivative acquisition is where property in a thing passes from one person to another. It may occur by the act of the law, as in cases of forfeiture, insolvency, intestacy, judgment, marriage, or succession, or by the act of the parties, as in cases of gift, sale, or exchange.
ACQUIT. To release, absolve, or dis­charge one from an obligation or a liability; or to legally certify the innocence of one charged with crime. Dolloway v. Turrill, 26 Wend. (N. Y.) 383, 400.
ACQUIT A CAUTION. In French law. Certain goods pay higher export duties when exported to a foreign country than when they are destined for another French port. In order to prevent fraud, the administration compels the shipper of goods sent from one French port to another to give security that such goods shall not be sent to a foreign country. The certificate which proves the receipt of the security is called "acquit a caution" Argles, Fr. Merc. Law, 543.
ACQUITTAL. In contracts. A release, absolution, or discharge from an obligation, liability, or engagement.
In criminal practice. The legal and for­mal certification of the innocence of a per­son who has been charged with crime; a de* liverance or setting free a person from a charge of guilt
In a narrow sense, it is the absolution of a party accused on a trial before a traverse jury. Thomas v. De Graffenreid, 2 Nott & McC. (S. C.) 143; Teague v. Wilks, 3 McCord (S. C.) 461. Properly speaking, however, one is not


acquitted by the jury but by the judgment of the court. Burgess v. Boetefeur, 7 Man. & G. 481. 504; People v. Lyman, 53 App. Div. 470, 65 N. Y. Supp. 1062. And he may be legally acquitted by a judgment rendered other­wise than in pursuance of a verdict, as where he is discharged by a magistrate because of the insufficiency of the evidence, or the indictment is dismissed by the court or a nol. pros, entered. Junction City v. Keeffe. 40 Kan. 275, 19 Pac. 735; People v. Lyman, 53 App. Div. 470, 65 N. Y. Supp. 1062; Lee v. State, 26 Ark. 260, 7 Am. Rep. 611; Morgan County v. Johnson, 31 Ind. 463. But compare "Wilson v. Com., 3 Bush (Ky.) 105; State v. Champeau, 52 Vt. 813, 315, 36 Am. Rep. 754.
Acquittals in fact are those which take place when the jury, upon trial, finds a ver­dict of not guilty.
Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an acces­sary, and the principal has been acquitted. 2 Co. Inst. 364.
In feudal law. The obligation on the part of a mesne lord to protect his tenant from any claims, entries, or molestations by lords paramount arising out of the services due to them by the mesne lord. See Co. Litt. 100a.
ACQUITTANCE. In contracts. A writ­ten discharge, whereby one is freed from an obligation to pay money or perform a duty. It differs from a release in not requiring to be under seal.
This word, though perhaps not strictly speak­ing synonymous with "receipt," includes it. A receipt is one form of an acquittance; a dis­charge is another. A receipt in full is an ac­quittance, and a receipt for a part of a de­mand or obligation is an acquittance pro tanto. State v. Shelters, 51 Vt. 104, 31 Am. Rep. 679.
ACQUITTED. Released; absolved; purged of an accusation; judicially discharg­ed from accusation; released from debt, etc. Includes both civil and criminal prosecutions. Dolloway v. Turrill, 26 Wend. (N. Y.) 383, 899.
ACRE. A quantity of land containing 160 square rods of land, in whatever shape. Serg. Land Laws Pa. 185; Cro. Eliz. 476, 665; 6 Coke, 67; Poph. 55; Co. Litt 56.
Originally the word "acre" (acer, aher, or Sax. ceqer) was not used as a measure of land, or to signify any determinate quantity of land, but to denote any open ground, (latum quan-tumvis agrum,) wide champaign, or field; which is still the meaning of the German acker, de­rived probably from the same source, and is [>reserved in the names of some places in Eng-and, as Castle Acre, South Acre, etc. Burrill.
ACREFIGHT, or ACRE. A camp or Held fight; a sort of duel, or judicial combat, anciently fought by single combatants, En­glish and Scotch, between the frontiers of the two kingdoms with sword and lance. Called "campfight," and the combatants "cham­pions," from the open field that was the iitage of trial. CowelL
ACROSS. Under a grant of a right of way across the plaintiff's lot of land, the grantee has not a right to enter at one place, go partly across, and then come out at an­other place on the same side of the lot. Corn-stock v. Van Deusen, 5 Pick. (Mass.) 163. See Brown v. Meady, 10 Me. 391, 25 Am. Dec. 248.
ACT, v. In Scotch practice. To do or per­form judicially; to enter of record. Surety "acted in the Books of Adjournal." 1 Broun, 4.
ACT, «. In ats most general sense, this noun signifies something done voluntarily by a person; the exercise of an individual's power; an effect produced in the external world by an exercise of the power of a per­son objectively, prompted by intention, and proximately caused by a motion of the will. In a more technical sense, it means some­thing done voluntarily by a person, and of such a nature that certain legal consequences attach to it. Duncan v. Landis, 106 Fed. 839, 45 C. C. A. 666. Thus a grantor acknowl­edges the conveyance to be his "act and deed," the terms being synonymous.
In the civil latw. An act is a writing which states in a legal form that a thing has been said, done, or agreed. Merl. Repert.
In practice. Anything done by a court and reduced to writing; a decree, judgment, resolve, rule, order, or other judicial proceed­ing. In Scotch law, the orders and decrees of a court, and in French and German law, all the records and documents in an action, are called "acts."
In legislation. A written law, fprmally ordained or passed by the legislative power of a state, called in England an <'act of par­liament," and in the United States an "act of congress," or of the "legislature;" a stat­ute. People v. Tiphaine, 3 Parker, Cr. R. (N. Y.) 241; United States v. Smith, 27 Fed. Cas. 1167.
Acts are either public or private. Public acts (also called general acts, or general statutes, or statutes at large) are those which relate to the community generally, or establish a universal rule for the governance of the whole body poli­tic. Private acts (formerly called special, Co. Litt. 126a) are those which relate either to par­ticular persons (personal acts) or to particular places, (local acts,) or which operate only upon specified individuals or their private concerns.
In Scotch practice. An abbreviation of ' actor, (proctor or advocate, especially for a plaintiff or pursuer,) used in records. "Act. A. Alt. B." an abbreviation of Actor, A. Alter, B.; that is, for the pursuer or plain­tiff, A., for the defender, B. 1 Broun, 336, note.
—Act book. In Scotch practice. The minute book of a court. 1 Swin. 81.—Act in pais. An act done or performed out of court, and not a matter of record. A deed or an assur­ance transacted between two or more private persons in the country, that is, according to the old common law, upon the very spot to be


transferred, is matter in pais. 2 Bl. Comm. 294.—Act of attainder. A legislative act, at­tainting a person. See Attaindeb.—Act of bankruptcy. Any act which renders a person liable to be proceeded against as a bankrupt, or for which he may be adjudged bankrupt. These acts are usually defined and classified in statutes on the subject. Duncan v. Landis, 106 Fed. 839, 45 G Q A. 666; In re Chapman (D. C.) 99 Fed. 395.—Act of curatory. la Scotch law. The act extracted by the clerk, upon any one's acceptance of being curator. Forb. Inst pt. 1, b. 1, c. 2, tit. 2. 2 Kames, Eq. 291. Corresponding with the order for the appointment of a guardian, in English and American practice.—Act of God. Inevitable accident; vis major. Any misadventure or casualty is said to be caused by the "act of God" when it happens by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of man and without human intervention, and is of such a character that it could not have been prevented or escaped from by any Amount of foresight or prudence, or by any reasonable degree of care or diligence, or by the aid of any appliances which the situation of the party might reasonably require him to use. Inevit­able accident, or casualty; any accident pro­duced by any physical cause which is irresist­ible, such as lightning, tempests, perils of the seas, an inundation, or earthquake; and also the sudden illness or death of persons. New Brunswick, etc., Transp Co. v. Tiers, 24 N. J. Law, 714, 64 Am. Dec. 394; Williams v. Grant, 1 Conn. 4S7, 7 Am. Dec. 235; Hays v. Kennedy, 41 Pa. 378, 80 Am. Dec. 627; Mer-ritt v. Earle, 29 N. Y. 115, 86 Am. Dec. 292; Story, Bailm. § 25; 2 Bl. Comm. 122; Broom, Max. 108.—Act of grace. In Scotch law. A term applied to the act of 1696, c. 32, by which it was provided that where a person imprisoned for a civil debt is so poor that he cannot ali­ment [maintain] himself, and will make oath to that effect, it shall be in the power of the magistrates to cause the creditor by whom he is incarcerated to provide an aliment for him, or consent to his liberation; which, if the credit­or delay to do for 10 days, the magistrate is authorized to set the debtor at liberty. Bell. The term is often used to designate a general act of parliament, originating with the crown, such as has often, been passed at the commence­ment of a new reign, or at the close of a period of civil troubles, declaring pardon or amnesty to numerous offenders. Abbott.—Act of hon­or. When a bill has been protested, and a third person wishes to take it up, or accept it, for honor of one or more of the parties, the notary draws up an instrument, evidencing the transaction, called by this name.—Act of in­demnity. A statute by which those who have committed illegal acts which subject them to penalties are protected from the consequences of such acts.—Act of insolvency. Within the meaning of the national currency act, an act of insolvency is an act which shows the bank to be insolvent; such as non-payment of its circulating notes, bills of exchange, or certif­icates of deposit; failure to make good the im­pairment of capital, or to keep good its surplus or reserve; in fact, any act which shows that the bank is unable to meet its liabilities as they mature, or to perform those duties which the law imposes for the purpose of sustaining its credit. In re Manufacturers' Nat. Bank, 5 Biss. 504, Fed. Cas. No. 9,051; Hayden v. Chemical Nat. Bank, 84 Fed. 874, 28 C. C. A. 548.—Act of law. The operation of fixed legal rules upon given facts or occurrences, producing consequences independent of the design or will of the parties concerned; as distinguished from "act of parties." Also an act performed by ju­dicial authority which prevents or precludes a party from fulfilling a contract or other en­gagement. Taylor v. Taintor, 16 Wall. 366, 21
L. Ed. 287.—Act of parliament. A statute, law, or edict, made by the British sovereign, with the advice and consent of the lords spir­itual and temporal, and the commons, in par­liament assembled. Acts of parliament form the leges scriptce, i. e., the written laws of the kingdom.—Act of providence. An accident against which ordinary skill and foresight could not guard. McCoy v. Danley, 20 Pa. 91, 57 Am. Dec. 680. Equivalent to "act of God," see supra.—Act of sale. In Louisiana law. An official record of a sale of property, made by a notary who writes down the agreement of the parties as stated by them, and which is then signed by the parties and attested by witnesses. Hodge v. Palms, 117 Fed. 396, 54 C. C. A. 570. —Act of settlement. The statute (12 & 13 Wm. III. c 2) limiting the crown to the Prin­cess Sophia of Hanover, and to the heirs of her body being Protestants.—Act of state. An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal pro­ceedings in a court of law.—Act of suprem­acy. The statute (1 Eliz. c. 1) by which the supremacy of the British crown in ecclesiastical matters within the realm was declared and es­tablished.—Act of uniformity. In English law. The statute of 13 & 14 Car. II. c. 4, en­acting that the book of common prayer, as then recently revised, should be used in every parish church and other place of public worship, and otherwise ordaining a uniformity in religious services, etc. 3 Steph. Comm. 104.—Act of union. In English law. The statute of 5 Anne, c. 8, by which the articles of union be­tween the two kingdoms' of England and Scot­land were ratified and confirmed. 1 Bl. Comm". 97.—Private act. A statute operating only upon particular persons and private concerns, and of which the courts are not bound to take notice. Unity v. Burrage, 103 U. S. 454, 26 L. Ed. 405; Fall Brook Coal Co. v. Lynch, 47 How. Prac. (N. T.) 520; Sasser v. Martin, 101 Ga. 447, 29 S. E. 278.—Public act. A uni­versal rule or law that regards the whole com­munity, and of which the courts of law are bound to take notice judicially and ex officio without its being particularly pleaded. 1 Bl. Comm. 86. See People v. Chautauqua County, 43 N. Y. 10; Sasser v. Martin, 101 Ga. 447, 29 S. E. 278; Bank of Newberry v. Greenville & C. R. Co., 9 Rich. Law (S. C.) 496; People v. Bellet, 99 Mich. 151, 57 N. W. 1094, 22 L. B. A. 696, 41 Am. St. Rep. 589; Holt v. Bir­mingham, 111 Ala. 369, 19 South. 735.
ACT ON PETITION. A form of sum­mary proceeding formerly in use in the high court of admiralty, in England, in which the parties stated their respective cases briefly, and supported their statements by affidavit. 2 Dod. Adm. 174, 184; 1 Hagg. Adm. 1, note.
ACTA DITJRNA. Lat. In the Roman law. Daily acts; the public registers or journals of the daily proceedings of the sen­ate, assemblies of the people, courts of jus­tice, etc. Supposed to have resembled a modern newspaper. Brande.
Acta exteriora indicant interiora se-
creta. 8 Coke, 146&. External acts indicate undisclosed thoughts.
Acta in uno judicio non probant in alio nisi inter easdem personas. Things done in one action cannot be taken as evi­dence in another, unless it be between the same parties. Tray. Lat Max. 11.


ACTA PUBLICA. Lat. Things of gen­eral knowledge and concern; matters trans­acted before certain public officers. Calvin.
ACTE. In French law, denotes a docu­ment, or formal, solemn writing, embodying a legal attestation that something has been done, corresponding to one sense or use of the English word "act." Thus, actes de naissance are the certificates of birth, and must contain the day, hour, and place of birth, together with the sex and intended christian name of the child, and the names of the parents and of the witnesses. Actes de manage are the marriage certificates, and contain names, professions, ages, and places of birth and domicile of the two persons marrying, and of their parents ; also the con­sent of these latter, and the mutual agree­ments of the intended husband and wife to take each other for better and worse, to­gether with the usual attestations. Actes de dices are the certificates of death, which are required to be drawn up before any one may be buried. lies actes de I'itat civil are public documents. Brown.
—Acte authentique. A deed, executed with certain prescribed formalities, in the presence of a notary, mayor, greffier, huisster, or other func­tionary qualified to act in the place in which it is drawn up. Argles, Fr. Merc. Law, 50. —Acte de francisation. The certificate of registration of a ship, by virtue of which its French nationality is established —Acte d'he-ritier. Act of inheritance. Any action or fact on the part of an heir which manifests his intention to accept the succession; the accept­ance may be express or tacit. Duverger.—Acte extrajudiciaire. A document served by a huisster, at the demand of one party upon an­other party, without legal proceedings.
ACTING. A term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title; e. g„ "Acting Supervising Archi­tect." Fraser v. United States, 16 Ct. CI. 514. An acting executor is one who assumes to act as executor for a decedent, not being the executor legally appointed or the exec­utor in fact. Morse v. Allen, 99 Mich. 303, 58 N. W. 327. An acting trustee is one who takes upon himself to perform some or all of the trusts mentioned in a will. Sharp v. Sharp, 2 Barn. & Aid. 415.
ACTIO. Lat In the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the pro­ceeding to enforce a right in a court and the right itself which is sought to be enforced.
—Actio ad exhibendum. An action for the purpose of compelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real action in the sense of the Roman law; that is, for the recovery of a thing, whether it was mov­able or immovable. Merl. Quest, tome i. 84.— Actio cestimatoria; actio quanti minoris. Two names of an action which lay in behalf of a buyer to reduce the contract price, not to cancel the sale; the judex had power, however, to cancel the sale. Hunter, Rom Law, 332.— Actio arbitraria. Action depending on the
discretion of the judge. In this, unless the de­fendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. 825.—Actio bonse fidei. A class of actions in which the judge might at the trial, ex officio, take into ac­count any equitable circumstances that were presented to him affecting either of the parties to the action. 1 Spence, Eq. Jur. 218—Actio calumnise. An action to restrain the defend­ant from prosecuting a groundless proceeding or trumped-up charge against the plaintiff. Hunter, Rom. Law, 859.—Actio commodati. Included several actions appropriate to enforce the obligations of a borrower or a lender. Id. 305.—Actio commodati contraria. An ac­tion by the borrower against the lender, to com­pel the execution of the contract. Poth. PrSt a Usage, n. 75.—Actio commodati directa. An action by a lender against a borrower, the principal object of which is to obtain a restitu­tion of the thing lent. Poth. Pret a Usage, nn. 65, 68.—Actio communi dividundo. An ac­tion to procure a judicial division of joint prop­erty. Hunter, Rom. Law, 194. It was ana­logous in its object to proceedings for partition in modern law.—Actio condictio indebitati. An action by which the plaintiff recovers the amount of a sum of money or other thing he paid by mistake. Poth. Promutuum, n. 140; Merl. Repert.—Actio confessoria. An affirmative petitory action for the recognition and enforce­ment of a servitude. So called because based on the plaintiff's affirmative allegation. of a right in defendant's land. Distinguished from an actio negatoria, which was brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, § 324. —Actio damni injuria. The name of a gen­eral class of actions for damages, including many species of suits for losses caused by wrongful or negligent acts. The term is about equivalent to our "action for damages."—Actio de dolo malo. An action of fraud; an action which lay for a defrauded person against the defrauder and his heirs, who had been enriched by the fraud, to obtain the restitution of the thing of which he had been fraudulently de­prived, with all its accessions {cum omni causa;) or, where this was not practicable, for compen­sation in damages. Mackeld. Rom. .Law, § 227.—Actio de peculio. An action concern­ing or against the peculium, or separate proper­ty of a party.—Actio de pecunia consti-tuta. An action for money engaged to be paid; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation. Inst. 4, 6, 9; Dig. 13, 5; Cod. 4, 18.—Actio de-positi contraria. An action which the de­positary has against the depositor, to compel him to fulfil his engagement towards him. Poth. Du DSpdt, n. 69.—Actio deposit! di­recta. An action which is brought by the de­positor against the depositary, in order to get back the thing deposited. Poth. Du D6p6t, n. 60.—Actio directa. A direct action; an ac­tion founded on strict law, and conducted ac­cording to fixed forms; an action founded on certain legal obligations which from their origin were accurately defined and recognized as ac­tionable.—Actio empti. An action employed in behalf of a buyer to compel a seller to per­form his obligations or pay compensation; al­so to enforce any special agreements by him, embodied in a contract of sale. Hunter, Rom. Law. 332.—Actio ex conducto. An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to re­deliver the thing hired.—Actio ex locato. An action upon letting; an action which the per­son who let a thing for hire to another might have against the hirer. Dig. 19, 2; Cod. 4, 65.—Actio ex stipulatu. An action, brought to enforce a stipulation.—Actio exercitoria. An action against the exercitor or employer of a vessel.—Actio families erciscundse. An


action for the partition of an inheritance. Inst. 4, 6, 20; Id. 4, 17, 4. Called, by Bracton and Fleta, a mixed action, and classed among ac­tions arising ex quasi contractu. Bracts fol. 1006/ Id. fols. 4436, 444; Fleta, lib. 2, a 60, § 1.—Actio furti. An action of theft; air ac­tion founded upon theft. Inst. 4, 1, 13-17; Bract fol. 444. This could only be brought for the penalty attached to the offense, and not to recover the thing stolen itself, for which oth­er actions were provided. Inst. 4, 1, 19.—Ac­tio honoraria. An honorary, or praetorian action. Dig. 44, 7, 25, 35.—Actio in factum. An action adapted to the particular case, hav­ing an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin of these actions is similar to that of actions on the case at common law.—Actio judicati. An action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight days afterwards; and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and if, at the end of two months, the debt was not paid, the land was sold. Dig. 42, 1; Code, 8, 34.—Actio le-gis Aquilise. An action under the Aquilian law; an action to recover damages for mali­ciously or injuriously killing or wounding the slave or beast of another, or injuring in any way a thing belonging to another. Otherwise called damni injurtCB actio.—Actio mamdati. Included actions to enforce contracts of man­date. or obligations arising out of them. Hun­ter, Rom. Law, 316.—Actio mixta. A mixed action; an action brought for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an actio in rem and %n person­am. Inst. 4, 6, 16, 18, 19, 20; Mackeld. Rom. Law, § 209—Actio negatoria. An action brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, § 324.—Actio negotiorum gestorum. Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of busi­ness for another.—Actio noxalis. A noxal action; an action which lay against a master for a crime committed or injury done by his slave; and in which the master had the alter­native either to pay for the damage done or to deliver up the slave to the complaining party. Inst. 4, 8, pr.; Heinecc. Elem. lib. 4, tit. 8. So called from noma, the offense or injury com­mitted. ^ Inst. 4, 8, 1.—Actio pignoratitia. An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24.—Actio prsejudicialis. A pre­liminary or preparatory action. An action in­stituted for the determination of some pre­liminary matter on which other litigated mat­ters depend, or for the determination of some point or question arising in another or principal action,; and so called from its being determin­ed before, (prius, or prae judtcari.)—Actio prsescriptis verbis. A form of action which derived its force from continued usage or the responsa prudentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212.—Ac­tio prsetoria. A praetorian action; one in­troduced by the prastor, as distinguished from the more ancient actio civilis, (a. v.) Inst. 4, 6, 3; Mackeld. Rom. Law, § 207.—Actio pro socio. An action of partnership. An action brought by one partner against his associates to compel them to carry out the terms of the partnership agreement.—Actio publiciana. An action which lay for one who had lost a thing of which he had bona fide obtained pos­session, before he had gained a property in it, in order to have it restored, under color that he had obtained a property in it by prescrip­tion. Inst. 4, 6, 4; Heinecc. Elem. lib. 4, tit.
6, { 1381; fiallifax, Anal. b. 3, c. 1, n. 9. It was an honorary action, and derived its name from the praetor Publicius, by whose edict it was first given. Inst. 4, 6, 4.—Actio quod jussu. An action given against a master, founded on some business done by his slave, acting under his order, (jussu.) Inst. 4, 7, 1; Dig. 15, 4; Cod. 4, 26.—Actio quod metus causa. An action granted to one who had been compelled by unlawful force, or fear (metus causa) that was not groundless, (metus proba-bilis or justus,) to deliver, sell, or promise a thing to another. Bract fol. 1036; Mackeld. Rom. Law, § 226.—Actio realis. A real ac­tion. The proper term in the civil law wa* ret vindicatio. Inst. 4, 6, 3.—Actio redhibi-toria. An action to cancel a sale in conse­quence of defects in the thing sold It was prosecuted to compel complete restitution to the seller of the thing sold, with its produce and accessories, and to give the buyer back the price, with interest, as an, equivalent for the res­titution of the produce. Hunter, Rom. Law, 332. —Actio rerum amotarum. An action for things removed; an action which, in cases of divorce, lay for a husband against a wife, to recover things carried away by the latter, in contemplation of such divorce. Dig. 25, 2; Id. 25, 2, 25, 30. It also lay for the wife against the husband in such cases. Id. 25, 2, 7, 11; Cod. 5, 21.—Actio rescissoria. An action for restoring the plaintiff to a right or title which he has lost by prescription, in a case where the equities are such that he should be relieved from the operation of the prescription. Mackeld. Rom. Law, § 226.—Actio, serviana. An action which lay for the lessor of a farm, or rural estate, to recover the goods of the lessee or farmer, which were pledged or bound for the rent. Inst. 4, 6, 7.—Actio stricti ju­ris. An action of strict right. The class of civil law personal actions, which were adjudg­ed only by the strict law, and in which the judge was limited to the precise language of the formula, and had no discretionary power to regard the 6ono fides of the transaction. See Inst. 4, 6, 28; Gaius, iii. 137; Mackeld. Rom. Law, § 210.—Actio tutelse. Action founded on the duties or obligations arising on the rela­tion analogous to that of guardian and ward. —Actio utilis. A beneficial action or equit­able action. An action founded on equity in­stead of strict law, and available for those who had equitable rights or the beneficial own­ership of property. Actions are divided into directw or utiles actions. The former are found­ed on certain legal obligations which from their origin were accurately defined and recognized as actionable. The latter were formed analog­ically in imitation of the former. They were permitted in legal obligations for which the actiones director were not originally intended, but which resembled the legal obligations which formed the basis of the direct action. Mackeld. Rom. Law, § 207.—Actio venditi. An action employed in behalf of a seller, to compel a buyer to pay the price, or perform any special obligations embodied in a contract of sale. Hunter, Rom. Law, 332.—Actio vi bonorum raptorum. An action for goods taken by force; a species of mixed action, which lay for a party whose goods or movables (bona) had been taken from him by force, (vt,) to recover the things so taken, together with a penalty of triple the value. Inst 4, 2; Id. 4, 6. 19. Bracton describes it as lying de rebus mobilibu* vi ablatis sive robbatis, (for movable things tak­en away by force, or robbed.) Bract, fol. 1036. —Actio vulgaris. A legal action; a common action. Sometimes used for actio dvrecta. Mackeld. Rom. Law, § 207.
ACTIO CIVILIS. In the common law. A civil action, as distinguished from a crimi­nal action. Bracton divides personal actions-


Into criminalia et civilia, according as they grow out of crimes or contracts. Bract, fol. 1016.
and common law. An action of contract; an action arising out of, or founded on, con­tract. Inst 4, 6, 1; Bract fol. 102; 3 Bl. Comm. 117.
ACTIO EX DELICTO. In the civil and common law. An action of tort; an action arising out of fault, misconduct, or malfeas­ance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex maleficio is the more common expression of the civil law; which is adopted by Bracton. Inst. 4, 6, 1; Bract fols. 102, 103.
ACTIO IN PERSONAM. In the civil law. An action against the person, founded on a personal liability; an action seeking re­dress for the violation of a jus in personam or right available against a- particular indi­vidual.
In admiralty law. An action directed against the particular person who is to be charged with the liability. It is distinguish­ed from an actio in rem, which is a suit di­rected against a specific thing (as a vessel) irrespective of the ownership of it, to enforce a claim or lien upon it, or to obtain, out of the thing or out of the proceeds of its sale, satisfaction for an injury alleged by the claimant.
ACTIO IN REM. In the civil and com­mon law. An action for a thing; an action for the recovery of a thing possessed by an­other. Inst. 4, 6, 1. An action for the en­forcement of a right (or for redress for its invasion) which was originally available against all the world, and not in any special sense against the individual sued, until he violated it. See In Rem.
ACTIO NON. In pleading. The Latin name of that part of a special plea which fol­lows next after the statement of appearance and defense, and declares that the plaintiff "ought not to have or maintain his aforesaid action," etc.
ACTIO NON ACCREVIT INFRA, SEX ANNOS. The name of the plea of the stat­ute of limitations, when the defendant al­leges that the plaintiff's action has not ac­crued within six years.
Actio non datnr non damnincato. An
action is not given to one who is not injured. Jenk. Cent 69.
Actio non facit renm, nisi mens sit rea. An action does not make one guilty, unless the intention be bad. Lofft 37.
ACTIO NON TJLTERIUS. In English pleading. A name given to the distinctive clause in the plea to the further mainte-
nance of the action, introduced in plact of the plea puis darrein continuance; the aver­ment being that the plaintiff ought not fur­ther (ulterius) to have or maintain his action. Steph. PI. 64, 65, 401.
ACTIO PERSONALIS. In the civil and common law. A personal action. The ordi­nary term for this kind of action in the civil law is actio in personam, (q. v.,) the word personalis being of only occasional occur­rence. Inst. 4, 6, 8, in tit.; Id. 4, 11, pr. 1. Bracton, however, uses It freely, and hence the personal action of the common law. Bract fols. 102a, 1596. See Personal Ac­tion.
Actio personalis moritur cum persona.
A personal right of action dies with the per­son. Noy, Max. 14.
Actio poenalis in hseredem non datur, nisi forte ex damno locupletior naeres factus sit. A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong.
Actio quselibet it sua via. Every ac­tion proceeds in its own way. Jenk. Cent. 77.
ACTION. Conduct; behavior; something done; the condition of acting; an act or series of acts.
In practice. The legal and formal de­mand of one's right from another person or party made and insisted on in a court of justice. Valentine v. Boston, 20 Pick. (Mass.) 201; Hibernia Nat Bank v. Lacombe, 84 N. Y. 376; Appeal of McBride, 72 Pa. 480; Wilt v. Stickney, 30 Fed. Cas. 256; White v. Rio Grande Western R. Co., 25 Utah, 346, 71 Pac. 593; B'ridgton v. Bennett 23 Me. 420; Harger v. Thomas, 44 Pa. 128, 84 Am. Dec. 422; Peeler v» Norris, 4 Yerg. (Tenn.) 339.
An action is an ordinary proceeding in a court of justice by which one party prose­cutes another for the enforcement or protec­tion of a right, the redress or prevention of a wrong, or the punishment of a public of­fense. Code Civ. Proc. Cal. § 22; Code N. Y. § 2; Code N. C. 1883, § 126; Rev. Code N. D. 1899, § 5156; Code Civ. Proc. S. D. 1903, § 12; Missionary Soc. v. Ely, 56 Ohio St. 405, 47 N. E. 537; In re Welch, 108 Wis. 387, 84 N. W. 550; Smith v. Westerfield, 88 Cal. 374, 26 Pac. 207; Losey v. Stanley, 83 Hun, 420, 31 N. Y. Supp. 950; Lawrence v. Thomas, 84 Iowa, 362, 51 N. W. 11.
An action is merely the judicial means of enforcing a right Code Ga. 1882, § 3151.
Action is the form of a suit given by law for the recovery of that which is one's due; the lawful demand of one's right Co. Litt 2846, 285a.
An action Is a legal proceeding by a party complainant against a party defendant to obtain the judgment of the court in relation to some right claimed to be secured, or some


remedy claimed to be given by law, to the party complaining. Haley v. Eureka County Bank, 21 Nev. 127, 26 Pac. 64, 12 L. R. A. 815.
Classification of actions. Civil actions are such as He in behalf of persons to en­force their rights or obtain redress of wrongs in their relation to individuals.
Criminal actions are such as are instituted by the sovereign power, for the purpose of punishing or preventing offenses against the public.
Penal actions are such as are brought, either by the state or by an individual under permission of a statute, to enforce a penalty imposed by law for the commission of a pro­hibited act
Common law actions are such as will lie, on the particular facts, at common law, with­out the aid of a statute.
Statutory actions are such as can only be based upon the particular statutes creating them.
Popular actions, in English usage, are those actions which are given upon the breach of a penal statute, and which any man that will may sue on account of the king and himself, as the statute allows and the case requires. Because the action is not given to one especially, but generally to any that will prosecute, it is called "action popular;" and, from the words used in the process, (qui tarn pro domino rege sequitur quam pro se ipso, who sues as well for the king as for himself,) it is called a qui tarn action. Tomlins.
Real, personal, mixed. Actions are divid­ed into real, personal, and mixed. See Infba.
Local action. An action is so termed when all the principal facts on which it is founded are of a local nature; as where pos­session of land is to be recovered, or damages for an actual trespass, or for waste affecting land, because in such case the cause of action relates to some particular locality, which usually also constitutes the venue of the action. Miller v. Rickey (C. C.) 127 Fed. 577; Crook v. Pitcher, 61 Md. 513; Beirne v. Rosser, 26 Grat. (Va.) 541; McLeod v. Rail­road Co., 58 Vt 727, 6 Atl. 648; Aekerson v. Erie R, Co., 31 N. J. Law, 311; Texas & P. R. Co. v. Gay, 86 Tex. 571, 26 S. W. 599, 25 L. R. A. 52.
Transitory actions are those founded upon a cause of action not necessarily referring to or arising in any particular locality.
Actions are called, in common-law practice, ex contractu when they are founded on a contract; ex delicto when they arise out of a tort. Umlauf v. Umlauf, 103 111. 651; Nelson v. Great Northern R. Co., 28 Mont. 297, 72 Pac. 642; Van Oss v. Synon, 85 Wis. 661, 56 N. W. 190.
"Action" and "Suit." The terms "ac­tion" and "suit" are now nearly, if not en­tirely, synonymous. (3 Bl. Comm. 3, 116, et passim.) Or, if there be a distinction, it is that the term "action" is generally confin-
ed to proceedings In a court of law, while "suit" is equally applied to prosecutions at law or in equity. White v. Washington School Dist, 45 Conn. 59; Dullard v. Phelan, 83 Iowa, 471, 50 N. W. 204; Lamson v. Hutchings, 118 Fed. 321, 55 C. C. A. 245; Page v. Brewster, 58 N. H. 126; Kennebec Water Dist. v. Waterville, 96 Me. 234, 52 Atl. 774; Miller v. Rapp, 7 Ind. App. 89, 34 N. E. 126; Hall v. Bartlett, 9 Barb. (N. Y.) 297; Branyan v. Kay, 33 S. C. 283, 11 S. E. 970; Niantic Mills Oo. v. Riverside & O. Mills, 19 R, I. 34, 31 Atl. 432; Ulshafer v. Stewart, 71 Pa. 170. Formerly, however, there was a more substantial distinction be­tween them. An action was considered as terminating with the giving of judgment, and the execution formed no part of it. (Litt. <* 504; Co. Litt. 289a.) A suit, on the other hand, included the execution. (Id. 291a.) So, an action is termed by Lord Coke, "the right of a suit." (2 Inst. 40.) Burrill.
—Mixed action. An action partaking of the twofold nature of real and personal actions, hav­ing for its object the demand and restitution of real property and also personal damages for a wrong sustained. 3 Bl. Comm. 118; Hall v. Decker, 48 Me. 257. Mixed actions are those which are brought for the specific recovery of lands, like real actions, but comprise, joined with this claim, one for damages in respect of such property; such'as the action of waste, where, in addition to the recovery of the place wasted, the demandant claims damages; the writ of entry, in which, by statute, a demand of mesne profits may be joined; and dower, in which a claim for detention may be included. 48 Me. 255. In the civil law. An action in which some specific thing was demanded, and also some personal obligation claimed to be per­formed ; or, in other words, an action which proceeded both in rem and in personam. Inst. 4, 6, 20.—Personal action. In the civil law. An action in personam. A personal action seeks to enforce an obligation imposed on the defend­ant by his contract or delict; that is, it is the contention that he is bound to transfer some dominion or to perform some service or to re­pair some loss. Gaius, bk. 4, § 2. In common law. An action brought for the recovery of some debt or for damages for some personal in­jury, in contradistinction to the old real actions, which related to real property only. See 3 Bl. Comm. 117. Boyd v. Cronan, 71 Me. 286; Doe v. Waterloo Min. Co. (C. C.) 43 Fed. 219; Osborn v. Fall River, 140 Mass. 508, 5 N. E. 483. An action which can be brought only by the person himself who is injured, and not by his representatives.—Ileal action. At the common law. One brought for the specific re­covery 'of lands, tenements, or hereditaments. Steph. PI. 3; Crocker v. Black, 16 Mass. 448; Hall v. Decker, 48 Me. 256; Doe v. Waterloo Min. Co., 43 Fed. 220. Among the civilians, real actions, otherwise called "vindications," were those in which a man demanded something that was his own. They were founded on do­minion, or jus in re. The real actions of the Roman law were not, like the real actions of the common law, confined to real estate, but they included personal, as well as real, prop­erty. Wharton.
In French commercial law. Stock in a company, or shares In a corporation.
In Scotch law. A suit or judicial pro­ceeding.
—Action for poinding. An action by a creditor to obtain a sequestration of the rents


of land and the goods of his debtor for the satisfaction of the debt, or to enforce a distress. —Action of abstracted multures. An ac­tion for multures or tolls against those who are thirled to a mill, t. e., bound to grind their corn at a certain mill, and fail to do so. Bell. —Action of adherence. An action compe­tent to a husband or wife, to compel either par­ty to adhere in case of desertion. It is analo­gous to the English suit for restitution of con­jugal rights. Wharton.
ACTION OP A WBIT. A phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ sued upon, although it may be that he is entitled to another writ or action for the same matter. CowelL
ACTION OF BOOK DEBT. A form of action for the recovery of claims, such as are usually evidenced by a book-account; this action is principally used in Vermont and Connecticut. Terrill v. Beecher, 9 Conn. 344; Stoking v. Sage, 1 Conn. 75; Green v. Pratt, 11 Conn. 205; May v. Brownell, 3 Vt 463; Easly v. Eakin, Cooke (Tenn.) 388.
ACTION ON THE CASE. A species of personal action of very extensive application, otherwise called "trespass on the case," or simply "case," from the circumstance of the plaintiff's whole case or cause of complaint being set forth at length in the original writ by which formerly it was always commenced. 3 Bl. Comm. 122. Mobile L. Ins. Co. v. Ran­dall, 74 Ala. 170; Cramer v. Fry (C. C) 68 Fed. 201; Sharp v. Curtiss, 15 Conn. 526; Wallace v. Wilmington & N. R. Co., 8 Houst (Del.) 529, 18 Atl. 818.
ACTIONABLE. That for which an ac­tion will lie; furnishing legal ground for an action.
—Actionable fraud. Deception practiced in order to induce another to part with property or surrender some legal right; a false represen­tation made with an intention to deceive; may be committed by stating what is known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood ut­tered with intent to deceive. Marsh v. Falker, 40 N. Y. 575; Farrington v. Bullard, 40 Barb. (N. Y.) 512; Hecht v. Metzler, 14 Utah, 408, 48 Pac 37, 60 Am. St Rep. 906; Sawyer v. Prickett, 19 Wall. 146, 22 L. Ed. 105.—Ac­tionable misrepresentation. A false state­ment respecting; a fact material to the contract and which is influential in procuring it. Wise v. Fuller, 29 N. J. Eq. 257.—Actionable neg­ligence. The breach or nonperformance of a legal duty, through neglect or carelessness, re­sulting in damage or injury to another. Roddy v. Missouri Pac. R. Co., 104 Mo. 234, 15 S. W. 1112, 12 L. R. A. 746, 24 Am. St. Rep. 333; Boardman v. Creighton, 95 Me. 154, 49 Atl. 663; Hale v. Grand Trunk R. Co, 60 Vt. 605, 15 Atl. 300, 1 L. R. A. 187; Fidelity & Casualty Co. v. Cutts, 95 Me. 162, 49 Atl. 673.—Actionable nuisance. Anything in­jurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the com­fortable enjoyment of life or property. Code Civ. Proc. Cal. § 731; Grandona v. Lovdal, 78 Cal. 611, 21 Pac. 366, 12 Am. St. Rep. 121; Cooper v. Overton, 102 Tenn. 211, 52 S. W. 183,
45 L. R. A. 591, 73 Am. St Rep. 864.—Ac­tionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute moral turpitude, or tend to injure a party in his trade or business, are said to be "actionable per se." Barnes v. Trundy. 31 Me. 321; Lemons v. Wells, 78 Ky. 117; May-rant v. Richardson, 1 Nott & McC. 347, 9 Am. Dec. 707; Cady v. Brooklyn Union Pub. Co., 23 Misc. Rep. 409, 51 N. Y. Supp. 198.
ACTION ABE. L. Lat (From actio, an action.) In old records. To bring an action; to prosecute, or sue. Thorn's Chron.; Whis-haw.
ACTIONABY. A foreign commercial term for the proprietor of an action or share of a public company's stock; a stockholder.
ACTIONES LEGIS. In the Roman law. Legal or lawful action; actions of or at law, (legttimce actiones.) Dig. 1, 2, 2, 6.
ACTIONES NOMINATES. In the Eng­lish chancery. Writs for which there were precedents. The statute of Westminster, 2, c. 24, gave chancery authority to form new writs in consimili casu; hence the action on the case.
ACTIONS OBDINABY. In Scotch law. All actions which are not rescissory. Ersk. Inst. 4, 1, 18.
ACTIONS RESCISSORY. In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in order to have it set aside or its effect ascertained un­der the certification that the writing if not produced shall be declared false or forged; and (3) actions of simple reduction, for de­claring a writing called for null until pro­duced. Ersk. Prin. 4, 1, 5.
ACTIVE. That is in action; that de­mands action ; actually subsisting; the oppo­site of passive. An active debt is one which draws interest. An active trust is a confi­dence connected with a duty. An active use is a present legal estate.
English law. A statute, otherwise called "Statutum de Mercatorious,1' made at a par­liament held at the castle of Acton Burnel in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158-162.
ACTOB. In Boman law. One who act­ed for another; one who attended to an­other's business; a manager or agent. A slave who attended to, transacted, or super­intended his master's business or affairs, re­ceived and paid out moneys, and kept ac­counts. Burrill.
A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans "petitor;" in a public action


(causa publico) he was called "accusator." The defendant was called "reus," both In private and public causes; this term, how­ever, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we might conclude from the word itself. In a private action, the defendant was often call­ed "adversarius," but either party might be called so.
Also, the term is used of a party who, for the time being, sustains the burden of proof, or has the initiative in the suit.
In old European law. A proctor, ad­vocate, or pleader; one who acted for an­other in legal matters; one who represented a party and managed his cause. An attor­ney, bailiff, or steward; one who managed or acted for another. The Scotch "doer" is the literal translation.
Actor qui contra regulam quid adduxit, non est audiendus. A plaintiff is not to be heard who has advanced anything against authority, (or against the rule.)
Actor sequitur forum rei. According as ret is intended as the genitive of res, a thing, or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the de­fendant's residence. Branch, Max. 4.
Actore non probante reus absolvitor.
When the plaintiff does not prove his case the defendant is acquitted. Hob. 103.
Actori ineumbit onus proband!. The
burden of proof rests on the plaintiff, (qr on the party who advances a proposition af­firmatively.) Hob. 103.
ACTORNAY. In old Scotch law. An attorney. Skene.
ACTRIX. Lat A female actor; a fe­male plaintiff. Calvin.
Acts indicate the intention. 8 Co. 1466 ; Broom, Max. 301.
ACTS OF COURT. Legal memoranda made in the admiralty courts in England, in the nature of pleas.
ACTS OF SEDERUNT. In Scotch law. Ordinances for regulating the forms of pro­ceeding, before the court of session, in the administration of justice, made by the judges, who have the power by virtue of a Scotch act of parliament passed in 1540. Ersk. Prin. § 14.
ACTUAIi. Real; substantial; existing presently in act, having a valid objective existence as opposed to that which is mere­ly theoretical or possible.
Something real, in opposition to construc­tive or speculative; something existing in
act Astor r. Merritt, 111 U. S. 202, 4 Sup. Ct 413, 28 L. Ed. 401; Kelly v. Ben. Ass'n, 46 App. Div. 79, 61 N. Y. Supp. 394; State r. Wells, 31 Conn. 213.
As to actual "Bias," "Damages," "Deliv­ery," "Eviction," "Fraud," "Malice," "No­tice," "Occupation," "Ouster," "Possession," "Residence," "Seisin," "Total Loss," see those titles.
—Actual cash value. The fair or reason­able cash price for which the property could be sold in the market, in the ordinary course of business, and not at forced sale; the price it will bring in a fair market after reasonable efforts to find a purchaser who will give the highest price. Birmingham F. Ins. Co. v. Pul-ver, 126 111. 329, 18 N. E. 804, 9 Am. St. Rep. 598; Mack v. Lancashire Ins. Co. (C. C.) 4 Fed. 59: Morgan'B L. & T. R. S. S. Co. v. Board or Reviewers, 41 La. Ann. 1156, 3 South. 507.—Actual change of possession. In statutes of frauds. An open, visible, and un­equivocal change of possession, manifested by the usual outward signs, as distinguished from a merely formal or constructive change". Ran­dall v. Parker, 3 Sandf. (N. Y.) 69; Murch v. Swensen, 40 Minn. 421, 42 N. W. 290; Dodge v. Jones, 7 Mont. 121, 14 Pac. 707; Stevens v. Irwin, 15 Cal. 503. 76 Am. Dec. 500.—Ac­tual cost. The actual price paid for goods by a party, in the case of a real bona fide pur­chase, and not the market value of the goods. Alfonso v. United States, 2 Story, 421, Fed. Cas. No. 188; United States v. Sixteen Pack* ages, 2 Mason, 48, Fed Cas. No. 16.303; Lex­ington, etc., R. Co. v. Fitchburg R. Co., 9 Gray (Mass.) 226.—Actual sale. Lands are "ac­tually sold" at a tax sale, so as to entitle the treasurer to the statutory fees, when the sale is completed; when he has collected from the
{mrchaser the amount of the bid. Miles v. Mil-er, 5 Neb. 272.—Actual violence. An assault with actual violence is an assault with physi­cal force put in action, exerted upon the person assailed. The term violence is synonymous^ with physical force, and the two are used inter­changeably in relation to assaults. State y. Wells, 31 Conn. 210.
ACTUARIUS. In Roman law. A no­tary or clerk. One who drew the acts or statutes, or who wrote in brief the public acts.
ACTUARY. In English ecclesiastical law. A clerk that registers the acts and constitutions of the lower house of convoca­tion; or a registrar in a court christian.
Also an officer appointed to keep savings banks accounts; the computing officer of an Insurance company; a person skilled in calculating the value of life' interests, an­nuities, and insurances.
ACTUM. Lat A deed; something done.
ACTUS. In the civil law. A species of right of way, consisting in the right of driving cattle, or a carriage, over the land subject to the servitude. Inst. 2, 3, pr. It is sometimes translated a "road," and In­cluded the kind of way termed "iter," or path. Lord Coke, who adopts the term "ac­tus" from Bracton, defines it a foot and horse way, vulgarly called "pack and prime way;" but distinguishes It from a cart-way.


Co. Litt 56a; Boyden v. Achenba«h, 79 N. C. 539.
In old English law. An act of parlia­ment; a statute. A distinction, however, was sometimes made between actus and statutum. Actus parliamenti was an act made by the lords and commons; and it be­came statutum, when it received the king's consent Barring. Obs. St 46, note 6.
ACTUS. In the civil law. An act or ac­tion. Non tantum verbis, sect etiam actu; not only by words, but also by act. Dig. 46, 8, 5.
Actus curiae neminem gravabit. An
act of .the court shall prejudice no man. Jenk. Cent. 118. Where a delay in an ac­tion is the act of the court neither party shall suffer for it
Actus Dei nemini est damnosus. The
act of God is hurtful to no one. 2 Inst 287. That is, a person cannot be prejudiced or held responsible for an accident occurring without his fault and attributable to the "act of God." See Act.
Actus Dei nemini facit injuriam. The
act of God does injury to no one. 2 Bl. Comm. 122. A thing which is inevitable by the act of God, which no industry can avoid, nor policy prevent, will not be construed to the prejudice of any person in whom there was no laches. Broom, Max. 230.
Actus inceptus, cujus perfectio pen-det ex voluntate partium, revocari po­test; si autem pendet ex voluntate ter-tise personse, vel ex contingent!, revo­cari non potest. An act already begun, the completion of which depends on the will of the parties, may be revoked; but if it de­pend on the will of a third person, or on a contingency, it cannot be revoked. Bac. Max. reg. 20.
Actus judiciarius coram non jndice irritus habetur, de ministerial! autem a quocunque provenit ratum esto. A
judicial act by a judge without jurisdiction is void; but a ministerial act, from whom­soever proceeding, may be ratified. Lofft,
Actus legis nemini est damnosus. The
act of the law is hurtful to no one. An act in law shall prejudice no man. 2 Inst 287.
Actus legis nemini facit injuriam.
The act of the law does injury to no one. 5 Coke, 116.
Actus legitimi non recipiunt modum.
Acts required to be done by law do not ad­mit of qualification. Hob. 153; Branch, Princ.
Actus me invito factus non est mens actus. An act done by me, against my will, is not my act. Branch, Princ.
Actus non facit ream, nisi mens sit. rea. An act does not make [the doer of it] guilty, unless the mind be guilty; that is, unless the intention be criminal. 3 Inst. 107. The intent and the act must both con­cur to constitute the crime. Lord Kenyon, C. J., 7 Term 514; Bx-oom, Max. 306.
Actus repugnus non potest in esse produci. A repugnant act cannot be brought into being, i. e., cannot be made ef­fectual. Plowd. 355.
Actus servi in iis quibus opera ejus conununiter adhfbita est, actus domini habetur. The act of a servant in those things in which he is usually employed, is considered the act of his master. Lofft 227.
AD. Lat. At; by ; for; near; on account of; to; until; upon.
AD ABUNDANTIOREM CAUTELAM. L. Lat For more abundant caution. 2 How. State Tr. 1182. Otherwise expressed, ad cautelam ex superabundanti. Id. 1163.
For the admitting of the clerk. A writ in the nature of an execution, commanding the bishop to admit his clerk, upon the success of the latter in a quare impedit.
AD AIiITTD EXAMEN. To another tribunal; belonging to another court, cogni­zance, or jurisdiction.
AD ALIT7M DIEM. At another day. A common phrase in the old reports. Yearb. P. 7 Hen. VI. 13.
AD ASSISAS CAPIENDAS. To take assises; to take or hold the assises. Bract fol. 110a; 3 Bl. Comm. 185. Ad assisam capiendam; to take an assise. Bract, fol. 1106.
AD AUDIENDUM ET TEBMINAN-DTTM. To hear and determine. St Westm. 2, cc. 29, 30.
AD BARBAM. To the bar; at the bar. 3 How. State Tr. 112.
AD CAMPI PARTEM. For a share of the field or land, for ohampert Fleta, lib. 2, c. 36, § 4.
AD CAPTTIM VULGI. Adapted tc the common understanding.
TI. For collecting the goods of the deceas­ed. See Administration or Estates.
AD COMMUNEM LEGEM. At com­mon law. The name of a writ of entry (now


obsolete) brought by the reversioners after the death of the life tenant, for the recovery of lands wrongfully alienated by him.
AD COMPARENDUM. To appear. Ad comparendum, eX ad standum juri, to appear and to stand to the law, or abide the judg­ment of the court. Cro. Jac. 67.
render an account St. Westm. 2, c. 11.
AD CURIAM. At a court. 1 Salk. 196. To court Ad curiam vocare, to summon to court.
AD CUSTAGIA. At the costs. Toullier; Cowell; Whishaw.
AD CUSTUM. At the cost 1 Bl. Comm. 314.
AD DAMNUM. In pleading. "To the damage." The technical name of that clause of the writ or declaration which contains a statement of the plaintiff's money loss, or the damages which he claims. Cole v. Hayes, 78 Me. 539, 7 Atl. 391; Vincent v. Life Ass'n, 75 Conn. 650, 55 Atl. 177.
AD DEFENDENDUM. To defend. 1 Bl. Comm. 227.
AD DIEM. At a day; at the day. Townsh. PL 23. Ad certum diem, at a cer­tain day. 2 Strange, 747. Solvit ad diem; he paid at or on the day. 1 Chit PI. 485.
Ad ea qnse frequenting accidnnt jnra adaptantnr. Laws are adapted to those cases which most frequently occur. 2 Inst. 137; Broom, Max. 43.
Laws are adapted to cases which frequently occur. A statute, which, construed according to its plain words, is, in all cases of ordinary occurrence, in no degree inconsistent or un­reasonable, should not be varied by construc­tion in every case, merely because there is one possible but highly improbable case in which the law would operate with great severity and against our notions of justice. The utmost that can be contended is that the construction of the statute should be varied in that par­ticular case, so as to obviate the injustice. 7 Exch. 549; 8 Exch. 778.
AD EFFECTUM. To the effect, or end. Co. Litt 204a; 2 Crabb, Real Prop. p. 802, I 2143. Ad effectum seguentem, to the effect following. 2 Salk. 417.
AD EXCAMBIUM. For exchange; for compensation. Bract, fol. 12&, 376.
AD EXH^EREDATIONEM. To the dis­herison, or disinheriting; to the Injury of the inheritance. Bract fol. 15a; 3 Bl. Comm. 288. Formal words in the old writs of waste.
AD EXITUM. At issue; at the end (of
the pleadings.) Steph. PI. 24.
AD FACIENDUM. To do. Co. Litt 204a. Ad faciendum, subjiciendum et recipiendum: to do, submit to, and receive. Ad faciendam juratamillam; to make up that jury. Fleta, lib. 2, c. 65, § 12.
Scotch law. A name descriptive of a class of obligations marked by unusual severity. A debtor who is under an obligation of this kind cannot claim the benefit of the act of grace, the privilege of sanctuary, or the ces-sio bonorum. Ersk. Inst lib. 3, tit 3, § 62.
AD FEODI FTRMAM. To fee farm. Fleta, lib. 2, c. 50, § 30.
AD FIDEM. In allegiance. 2 Kent, Comm. 56. Subjects born ad fldem are those born in allegiance.
AD FILUM AQVm. To the thread of the water; to the central line, or middle of the stream. Usque ad filum agues, as far as the thread of the stream. Bract, fol. 2086; 235a. A phrase of frequent occurrence in modern law; of which ad medium filum aguw (g. v.) is another form.
AD FXLUM Vta:. To the middle of the way; to the central line of the road. Park­er v. Inhabitants of Framingham, 8 Mete. (Mass.) 260.
AD FINEM. Abbreviated ad fin. To the end. It is used in citations to books, as a direction to read from the place designated to the end of the chapter, section, etc. Ad flnem litis, at the end of the suit
AD FIRMAM. To farm. Derived from an old Saxon word denoting rent Ad fir-mam noctis was a fine or penalty equal in amount to the estimated cost of entertaining the king for one night Cowell. Ad feodi firmam, to fee farm. Spelman.
deliver the gaols; to empty the gaols. Bract. fol. 1096. Ad gaolam deliberandum; to de­liver the gaol; to make gaol delivery. Bract. fol. 1106.
AD GRAVAMEN. To the grievance, In-Jury, or oppression. Fleta, lib. 2, c. 47, § 10.
AD HOC. For this; for this special pur­pose. An attorney ad hoc, or a guardian or curator ad hoc, is one appointed for a spe­cial purpose, generally to represent the client or infant in the particular action in which the appointment is made. Sallier v. Rosteet, 108 La. 378, 32 South. 383; Bienvenu v. In­surance Co., 33 La. Ann. 212.
AD HOMINEM. To the person. A term used in logic with reference to a personal argument.
AD HUNC DIEM. At this day. 1 Leon. 90.

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AD IDEM. To the same point, or effect Ad idem facit, it makes to or goes to estab­lish the same point. Bract, fol. 276.
AD INDE. Thereunto. Ad inde requi­sites, thereunto required. Townsh. PI. 22.
AD INFINITUM. Without limit; to an Infinite extent; indefinitely.
AD INQUIRENDUM. To inquire; a writ of inquiry; a judicial writ, commanding inquiry to be made of any thing relating to a cause pending in court. Cowell.
AD INSTANTIAM. At the instance. 2 Mod. 44. Ad instantiam partis, at the in­stance of a party. Hale, Com. Law, 28.
AD INTERIM. In the mean time. An officer ad interim is one appointed to fill a temporary vacancy, or to discharge the du­ties of the office during the absence or tem­porary incapacity of its regular incumbent.
AD JUDICIUM. To judgment; to court Ad judicium provocare; to summon to court; to commence an action; a term of the Roman law. Dig. 5, 1, 13, 14.
joining in aid; to join in aid. See Aid Pbayeb.
AD JURA REGIS. To the rights of the king; a writ which was brought by the king's clerk, presented to a living, against those who endeavored to eject him, to the prejudice of the king's title. Reg. Writs, 61.
AD LARGUM. At large; at liberty; free, or unconfined. Ire ad largum, to go at large. Plowd. 37.
At large; giving details, or particulars; in extenso. A special verdict was formerly called a verdict at large. Plowd. 92.
AD LITEM. For the suit; for the pur­poses of the suit; pending the suit. A guard­ian ad litem is a guardian appointed to pros­ecute or defend a suit on behalf of a party incapacitated by Infancy or otherwise.
AD IiUCRANDUM VEL PERDEN-DUM. For gain or loss. Emphatic words in the oftl warrants of attorney. Reg. Orig. 21, et seq. Sometimes expressed in English, "to lose and gain." Plowd. 201.
AD MA JO REM CAUTE1AM. For greater security. 2 How. State Tr. JL182.
AD MANUM. At hand; ready for use. Et querens sectam habeat ad manum; and the plaintiff immediately have his suit ready. Fleta, lib. 2, c. 44, § 2.
middle thread of the stream.
middle thread of the way.
AD MELIUS INQUIRENDUM. A writ directed to a coroner commanding him to hold a second inquest. See 45 Law J. Q. B. 711.
AD MORDENDUM ASSUETUS. Ac­customed to bite. Cro. Car. 254. A material averment in declarations for damage done by a dog to persons or animals. 1 Chit PI. 388; 2 Chit. PI. 597.
AD NOCUMENTUM. To the nuisance. or annoyance. Fleta, lib. 2, c. 52, § 19. Ad nocumentum liberi tenementi sui, to the nuisance of his freehold. Formal words in the old assise of nuisance. 3 Bl. Comm. 221.
Ad officium justiciariornm spectat, nnicuique coram eis placitanti justitiam exhibere. It is the duty of justices to ad­minister justice to every one pleading before -them. 2 Inst. 451.
AD OSTENDENDUM. To show. Form­al words in old writs. Fleta, lib. 4, c. 65, § 12.
AD OSTIUM ECCLESLS:. At the door of the church. One of the five species of dower formerly recognized by the English law. 1 Washb. Real Prop. 149; 2 Bl. Comm. 132.
AD PIOS USUS. Lat. For pious (re­ligious or charitable) uses or purposes. Used with reference to gifts and bequests.
Ad prozimnm antecedens fiat rela-tio nisi impediatur sententia. Relative words refer to the nearest antecedent, unless it be prevented by the context. Jenk. Cent. 180.
AD QU^RIMONIAM. On complaint of.
AD QUEM. To which. A term used in the computation of time or distance, as cor­relative to a quo; denotes the end or termi­nal point. See A Quo.
Ad questiones facti non respondent jndices; ad questiones legis non respond­ent juratores. Judges do not answer ques­tions of fact; juries do not answer ques­tions of law. 8 Coke, 308; Co. Litt. 295.
To which the court agreed. Tearb. P. 20 Hen. VI. 27.
AD QUOD DAMNUM. The name of a writ formerly issuing from the English chan­cery, commanding the sheriff to make in­quiry "to what damage" a specified act, if done, will tend. Ad quod damnum is a writ which ought to be sued before the king grants certain liberties, as a fair, market or such like, which may be prejudicial to others, and thereby it should be inquired


whether it will be a prejudice to grant them, and to whom it will be prejudicial, and what prejudice will come thereby. There is also another writ of ad quod damnum, if any one will turn a common highway and lay out another way as beneficial. Termes de la Ley.
To which there was no answer. A phrase used in the reports, where a point advanced in argument by one party was not denied by the other; or where a point or argument of counsel was not met or noticed by the court; or where an objection was met by the court, and not replied to by the counsel who raised it 3 Coke, 9; 4 Coke, 40.
AD RATIONEM PONERE. A technical expression in the old records of the Excheq­uer, signifying, to put to the bar and in­terrogate as to a charge made; to arraign on a trial.
AD RECOGNOSCENDUM. To recog­nize. Fleta, lib. 2, c. 65, § 12. Formal words in old writs.
Ad recte docendmn oportet, prinrom in-quirere nomina, quia rerum cognitio a nominitras rerun dependet. In order rightly to comprehend a thing, inquire first into the names, for a right knowledge of things depends upon their names. Co. Lift. 68.
AD REPARATIONEM ET SUSTEN-TATIONEM. For repairing and keeping in suitable condition.
AD RESPONDENDUM. For answer­ing ; to make answer; words used in certain writs employed for bringing a person before the court to make answer in defense in a proceeding. Thus there is a capias ad re­spondendum, q. v.; also a habeas corpus ad respondendum.
AD SATISFACIENDUM. To satisfy. The emphatic words of the writ of capias ad satisfaciendum, which requires the sheriff to take the person of the defendant to satis­fy the plaintiff's claim.
AD SECTAM. At the suit of. Com­monly abbreviated to ads. Used in entering and indexing the names of cases, where it is desired that the name of the defendant should come first. Thus, "B. ads. A." in­dicates that B. is defendant in an action brought by A., and the title so written would be an inversion of the more usual form "A. v. B."
studying and praying; for the promotion of learning and religion. A phrase applied to colleges and universities. 1 Bl. Comm. 467; T. Raym. 101.
term of years.
For a term which has passed. Words in the Latin form of the writ of entry employed at common law to recover, on behalf of a land­lord, possession of premises, from a tenant holding over after the expiration of the term for which they were demised. See Fitzb, Nat. Brev. 201.
Ad tristem partem strenua est ras-pioio. Suspicion lies heavy on the unfortu­nate side.
AD TUNC ET IBIDEM. In pleading. The Latin name of that clause of an indict­ment containing the statement of the sub­ject-matter "then and there being found."
To the most extended import of the terms; in a sense as universal as the terms will reach. 2 Eden, 54.
use and benefit.
AD VALENTTAM. To the value. See Ad Vaxoeem.
AD VAXOREM. According to value. Duties are either ad valorem or specific; the former when the duty is laid in the form of a percentage on the value of the property; the latter where it is imposed as a fixed sum on each article of a class without regard to its value. The term ad valorem tax is as well defined and fixed as any other used in political economy or legislation, and sim­ply means a tax or duty upon the value of the article or thing subject to taxation. Bailey v. Fuqua, 24 Miss. 501; Pingree v. Auditor General, 120 Mich. 95, 78 N. W. 1025, 44 L. B. A. 679.
inspect the womb. A writ for the summon­ing of a jury of matrons to determine the question of pregnancy.
Ad vim. majorem vel ad casus f«ftrtuit*a non tenetur quis, nisi sua culpa inter-venerit. No one is held to answer for the effects of a superior force, or of accidents, unless his own fault has contributed. Fleta, lib. 2, c. 72, § 16.
AD VITAM. For life. Bract fol. 13&. In feodo, vel ad vitam; in fee, or for life Id.
or until fault. This phrase describes the tenure of an office which is otherwise said to be held "for life or during good behavior." It is equivalent to quamdiu bene se gesserit,

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AD VOLUNTATEM. At will. Bract foL 27a. Ad voluntatem domini, at the will of the lord.
AD WABACTUM. To fallow. Bract fol. 228&. See Wabacttim.
ADAWLUT. Corrupted from Adalat, Justice, equity; a court of justice. The terms "Dewanny Adawlut" and "Foujdarry Adaw-lut" denote the civil and criminal courts of justice in India. Wharton.
ADCORDABILIS DENARII. Money paid by a vassal to his lord upon the selling or exchanging of a feud. Enc. Lond.
ADDICERE. Lat. In the civil law. To adjudge or condemn; to assign, allot, or deliver; to sell. In the Roman law, addico was one of the three words used to express the extent of the civil jurisdiction of the praetors.
ADDICTIO. In the Roman law. The giving up to a creditor of his debtor's person by a magistrate; also the transfer of the debtor's goods to one who assumes his liabil­ities.
Additio probat minoritatem. An ad­dition [to a name] proves or shows minority or inferiority. 4 Inst. 80; Wing. Max. 211, max. 60.
This maxim is applied by Lord Coke to courts, and terms of law; mmorttas being un­derstood in the sense of difference, inferiority, or qualification. Thus, the style of the king's bench is coram rege, and the style of the court of chancery is coram domino rege tn cancel-lario; the addition showing the difference. 4 Inst. 80. By the word "fee" is intended fee-aimple, fee-tail not being intended by it, unless there be added to it the addition of the word "tail." 2 Bl. Comm. 106; Litt. § 1.
ADDITION. Whatever is added to a man's name by way of title or description, as additions of mystery, place, or degree. Cowell.
In English law, there are four kinds of ad­ditions,—additions of estate, such as yeoman, gentleman, esquire; additions of degree, or names of dignity, as knight, earl, marquis, duke; additions of trade, mystery, or occupation, as scrivener, painter, mason, carpenter; and ad­ditions of place of residence, as London, Ches­ter, etc. The only additions recognized in American law are those of mystery and resi­dence.
In the law of liens. Within the mean­ing of the mechanic's lien law, an "addition" to a building must be a lateral addition. It must occupy ground without the limits of the building to which it constitutes an ad­dition, so that the lien shall be upon the building formed by the addition and the land upon which it stands. An alteration in a former building, by adding to its height, or to its depth, or to the extent of its in­terior accommodations, is merely an "altera­tion," and not an "addition." Putting a new Bl.Law Dict.(2d Ed.)—3
story on an old building Is not an addition. Updike v. Skillman, 27 N. J. Law, 132.
In French law. A supplementary pro­cess to obtain additional Information. Guyot Repert
ADDITIONAL. This term embraces the idea of joining or uniting one thing to an­other, so as thereby to form one aggregate. Thus, "additional security" imports a secu­rity, which, united with or joined to the former one, is deemed to make it, as an ag­gregate, sufficient as a security from the be­ginning. State v. Hull, 53 Miss. 626.
ADDITIONALES. In the law of con­tracts. Additional terms or propositions to be added to a former agreement.
ADD ONE, Addonne. L. Fr. Given to. Kelham.
ADDRESS. That part of a bill in equity wherein is given the appropriate and tech­nical description of the court in which the bill is filed.
The word is sometimes used as descriptive of a formal document, embodying a request, presented to the governor of a state by one or both branches of the legislative body, desir­ing him to perform some executive act.
A place of business or residence.
ADDUCE. To present, bring forward, of­fer, introduce. Used particularly with refer­ence to evidence. Tuttle v. Story County, 56 Iowa, 316, 9 N. W. 292.
"The word 'adduced' is broader in its signif­ication than the word 'offered,' and, looking to the whole statement in relation to the evidence below, we think it sufficiently appears that all of the evidence is in the record." Beatty v. O'Connor, 106 Ind. 81, 5 N. E. 880; Brown v. Griffin, 40 111. App. 558.
ADEEM. To take away, recall, or re­voke. To satisfy a legacy by some gift or substituted disposition, made by the testator, in advance. Tolman v. Tolman, 85 Me. 317, 27 Atl. 184. See Ademption.
ADELANTADO. In Spanish law. A governor of a province; a president or presi­dent judge; a judge having jurisdiction over a kingdom, or over certain provinces only. So called from having authority over the judges of those places. Las Partidas, pt 3, tit 4, 1. 1.
ADELING, or ATHELING. Noble; ex­cellent. A title of honor among the Anglo-Saxons, properly belonging to the king's chil­dren. Spelman.
ADEMPTIO. Lat In the civil law. A revocation of a legacy; an ademption. Inst. 2, 21, pr. Where it was expressly transfer­red from one person to another, it was called translatio. Id. 2, 21,1; 'Dig. 34, 4.


ADEMPTION. The revocation, recalling, or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by him in his life, though such acts do not amount to an ex­press revocation of it. Kenaday v. Sinnott, 179 U. S. 606, 21 Sup. Ct. 233, 45 L. Ed. 339; Burnham v. Comfort, 108 N. Y. 535, 15 N. E. 710, 2 Am. St Rep. 462; Tanton v. Keller, 167 111. 129, 47 N. B. 376; Cowles v. Cowles, 56 Conn. 240, 13 Atl. 414.
"The word 'ademption' is the most significant, because, being a term of art, and never used for any other purpose, it does not suggest any idea foreign to that intended to be conveyed. It is used to describe the act by which the testator
J>ays to his legatee, in his life-time, a general egacy which by his will he had proposed to give him at his death. (1 Rop. Leg. p. 365.) It is also used to denote the act by which a spe­cific legacy has become inoperative on account of the testator having parted with the subject." Langdon v. Astor, 16 N. Y. 40.
Ademption, in strictness, is predicable only of specific, and satisfaction of general legacies. Beck v. McGMis, 9 Barb. (N. Y.) 35, 56; Lang­don v. Astor, 3 Duer (N. Y.) 477, 541.
ADEO. Lat So, as. Adeo plene et in-tegre, as fully and entirely. 10 Coke, 65.
ADEQUATE. Sufficient; proportionate; equally efficient.
—Adequate care. Such care as a man of or­dinary prudence would himself take under simi­lar circumstances to avoid accident; care pro­portionate to the risk to be incurred. Wallace v. Wilmington & N. R. Co., 8 Houst. (Del.) 529, 18 Atl. 818.—Adequate cause. In criminal law. Adequate cause for the passion which reduces a homicide committed under its in­fluence from the grade of murder to manslaugh­ter, means such cause as would commonly pro­duce a degree of anger, rage, resentment, or terror, in a person of ordinary temper, suffi­cient to render the mind incapable of cool re­flection. Insulting words or gestures, or an assault and battery so slight as to show no in­tention to inflict pain or injury, or an injury to property unaccompanied by violence are not adequate causes. Gardner v. State, 40 Tex. Cr. R. 19, 48 S. W. 170; Williams v. State, 7 Tex. App. 396; Boyett v. State, 2 Tex. App. 100.—Adequate compensation (to be award­ed to one whose property is taken for public use under the power of eminent domain) means the full and just value of the property, payable in money. Buffalo, etc., R. Co. v. Ferris, 26 Tex. 588.—Adequate consideration. One which is equal, or reasonably proportioned, to the value of that for which it is given. 1 Story, Eq. Jur. §•§ 244-247. An adequate consideration is one which is not so disproportionate as to shock our sense of that morality and fair deal­ing which should always characterize transac­tions between man and man. Eaton v. Patter­son, 2 Stew. & P. (Ala.) 9, 19.—Adequate remedy. One vested in the complainant, to which he may at all times resort at his own op­tion, fully and freely, without let or hindrance. Wheeler v. Bedford, 54 Conn. 244, 7 Atl. 22. A remedy which is plain and complete and as practical and efficient to the ends of justice and its prompt administration as the remedy in equity. Keplinger v. Woolsey, 4 Neb. (Un-of.) 282, 93 N. W. 1008.
ADESSE. In the civil law. To be pres­ent; the opposite of aoesse. Calvin.
ADFERRUMINATIO. In the civil law. The welding together of iron; a species of
adjunctio, (g. v.) Called also ferruminatio. Mackeld. Rom. Law, § 276; Dig. 6, 1, 23, 5.
ADHERENCE. In Scotch law. The name of a form of action by which the mu­tual obligation of marriage may be enforced by either party. Bell. It corresponds to the English action for the restitution of conjugal rights.
ADHERING. Joining, leagued with, cleaving to; as, "adhering to the enemies of the United States."
Rebels, being citizens, are not "enemies," within the meaning of the constitution; hence a conviction for treason, in promoting a re­bellion, cannot be sustained under that branch of the constitutional definition which speaks of "adhering to their enemies, giving them aid and comfort." United States v. Greathouse, 2 Abb. (U. S.) 364, Fed. Cas. No. 15.254.
ADHIBERE. In the civil law. To ap­ply; to employ; to exercise; to use. Adhi-bere diligentiam, to use care. Adhihere vim, to employ force.
ADIATION. A term used in the laws of Holland for the application of property by an executor. Wharton.
ADIEU. L. Fr. Without day. A com­mon term in the Year Books, implying final dismissal from court
ADIPOCERE. A waxy substance (chem­ically margarate of ammonium or ammonia-cal soap) formed by the decomposition of animal matter protected from the air but subjected to moisture; in medical jurispru­dence, the substance into which a human cadaver is converted which has been buried for a long time in a saturated soil or has lain long in water.
ADIRATUS. Lost; strayed; a price or value set upon things stolen or lost, as a rec­ompense to the owner. Cowell.
ADIT. In mining law. A lateral en­trance or passage into a mine; the opening by which a mine is entered, or by which wa­ter and ores are carried aWay; a horizontal excavation in and along a lode. Electro-Magnetic M. & D. Co. v. Van Auken, 9 Colo. 204, 11 Pac. 80; Gray v. Truby, 6 Colo. 278.
ADITUS. An approach; a way; a pub­lic way. Co. Litt. 56a.
ADJACENT. Lying near or close to; contiguous. The difference between adja­cent and adjoining seems to be that the for­mer implies that the two objects are not widely separated, though they may not ac­tually touch, while adjoining imports that they are so joined or united to each other that no third object intervenes. People v. Keechler, 194 111 235, 62 N. E. 525; Hanifen v. Armitage (C. C.) 117 Fed. 845; McDonald v. Wilson, 59 Ind. 54; Wormley v Wright


County, 108 Iowa, 232, 78 N. W. 824; Hen-nessy v. Douglas County, 99 Wis. 129, 74 N. W. 983; Yard v. Ocean Beach Ass'n, 49 N. J. Eq. 300, 24 Atl. 729; Henderson v. Long, 11 Fed. Cas. 1084; Yuba County v. Kate Hayes Min. Co., 141 Cal. 360, 74 Pac. 1049; United States v. St. Anthony It. Co., 192 U. S. 524, 24 Sup Ct. 333, 48 L. Ed 548. But see Miller v. Cabell, 81 Ky. 184; In re Sadler, 142 Pa. 511, 21 Atl. 978.
ADJECTIVE LAW. The aggregate of rules of procedure or practice. As opposed to that body of law which the courts are es­tablished to administer, (called "substantive law,") it means the rules according to which the substantive law is administered. That part of the law which provides a method for enforcing or maintaining rights, or obtaining redress for their invasion.
ADJOINING. The word "adjoining," in its etymological sense, means touching or contiguous, as distinguished from lying near to or adjacent. And the same meaning has been given to it when used in statutes. See Adjacent.
ADJOURN. To put off ; defer; postpone. To postpone action of a convened court or body until another time specified, or indefi­nitely, the latter being usually called to ad­journ sine die. Bispham v. Tucker, 2 N. J. Law, 253.
The primary signification of the term "ad­journ" is to put off or defer to another, day specified. But it has acquired also the mean­ing of suspending business for a time,—de­ferring, delaying. Probably, without some limitation, it would, when used with refer­ence to a sale on foreclosure, or any judicial proceeding, properly include the fixing of the time to which the postponement was made. La Farge v. Van Wagenen, 14 How. Prac. (N. Y.) 54; People v. Martin, 5 N. Y. 22.
ADJOURNAL. A term applied in Scotch law and practice to the records of the crim­inal courts. The original records of criminal trials were called "bukis of adiornale," or "books of adjournal," few of which are now extant. An "act of adjournal" is an order of the court of justiciary entered on its min­utes.
Adjouraamentum est ad diem dicere sen diem dare. An adjournment is to ap­point a day or give a day. 4 Inst. 27. Hence the formula "eat sine die."
ADJOURNATUR. L. Lat. It is adjourn­ed. A word with which the old reports very frequently conclude a case. 1 Ld. Raym. 602; 1 Show. 7; 1 Leon. 88.
ADJOURNED SUMMONS. A summons taken out in the chambers of a judge, and afterwards taken into court to be argued by counsel.
ADJOURNED TERM. In practice. A continuance, by adjournment, of a regular term. Harris v. Gest, 4 Ohio St. 473; Kings-ley v. Bagby, 2 Kan App. 23, 41 Pac. 991. Distinguished from *n "additional term," which is a distinct term. ld. An adjourned term is a continuation of a previous or reg­ular term ; it is the same term prolonged, and the power of the court over the business which has been done, and the entries made at the regular term, continues. Van Dyke v. State, 22 Ala. 57.
ADJOURNMENT. A putting off or post­poning of business or of a session until an­other time or place; the act of a court, leg­islative body, public meeting, or officer, by which the session or assembly is dissolved, either temporarily or finally, and the busi­ness in hand dismissed from consideration, either definitely or for an interval. If the adjournment is final, it is said to be sine die.
In the civil law. A calling into court; a summoning at an appointed time. Du Cange,
—Adjournment day. A further day ap* pointed by the judges at the regular sittings at »tst prius to try issue of fact not then ready for trial.—Adjournment day in error. In
English practice. A day appointed some days before the end of the term at which matters left undone on the affirmance day are finished. 2 Tidd, Pr. 1176.—Adjournment in eyre. The appointment of a day when the justices in eyre mean to sit again. Cowell; Spelman.
ADJUDGE. To pass upon judicially; to decide, settle, or decree; to sentence or con­demn. Webb v. Bidwell, 15 Minn. 479, (Gil. 394;) Western Assur. Co. v. Klein, 48 Neb. 904, 67 N. W. 873; Blaufus v. People, 69 N. Y. 107, 25 Am. Rep. 148. Compare Edwards v. Hellings, 99 Cal. 214, 33 Pac. 799.
ADJUDICATAIRE. In Canadian law. A purchaser at a sheriff's sale. See 1 Low. Can. 241; 10 Low. Can. 325.
ADJUDICATE. To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense. United States v. Irwin, 127 U. S. 125, 8 Sup. Ct 1033, 32 L. Ed. 99; Street v. Benner, 20 Fla. 700; Sans v. New York, 31 Misc. Rep. 559, 64 N. Y. Supp. 681.
ADJUDICATEE. In French and civil law.. The purchaser at a judicial sale. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.
ADJUDICATIO. In the civil law. An adjudication. The judgment of the court that the subject-matter is the property of one of the litigants; confirmation of title by judgment, Mackeld. Rom. Law, § 204.
ADJUDICATION. The giving or pro­nouncing a judgment or decree in a cause; also the judgment given. The term is prin-


cipally used in bankruptcy proceedings, the adjudication being the order which declares the debtor to be a bankrupt-In French law. A sale made at public auction and upon competition^ Adjudica­tions are voluntary, judicial, or administra­tive. Duverger.
In Scotch law. A species of diligence, or process for transferring the estate of a debt­or to a creditor, carried on as an ordinary action before the court of session. A species of judicial sale, redeemable by the debtor. A decreet of the lords of session, adjudging and appropriating a person's lands, heredita­ments, or any heritable right to belong to his creditor, who is called the "adjudger," for payment or performance. Bell; Ersk. Inst. c 2, tit. 12, §§ 39-55; Forb. Inst pt 3, b. 1, c 2, tit 6.
—Adjudication contra hsereditatem ja-centent. When a debtor's heir apparent re­nounces the succession, any creditor may obtain a decree eognitwnu causa, the purpose of which is that the amount of the debt may be ascertainr ed so that the real estate may be adjudged.— Adjudication in bankruptcy. See BANK-BUPTCY.—Adjudication in implement. An action by a grantee against his grantor to com­pel him to complete the title.
ADJUNCTIO. In the civil law. Adjunc­tion; a species of accessio, whereby two things belonging to different proprietors are brought into firm connection with each other; such as interweaving, (intertexturaj) weld­ing together, (adferruminatio;) soldering to­gether, (applumbaturaj) painting, (ptctura;) writing, (scnptura;) building, (mcedificatio;) sowing, (satto;) and planting, (plantatio.) Inst. 2, 1, 26-34; Dig. 6, 1, 23; Mackeld. Rom. Law, § 276. See Accessio.
ADJUNCTS. Additional judges some­times appointed in the English high court of delegates. See Shelf. Lun. 310.
ADJUNCTUM ACCESSORIUM. An ac­cessory or appurtenance.
ADJURATION. A swearing or binding upon oath.
ADJUST. To bring to proper relations; to settle; to determine and apportion an amount due. Flaherty v. Insurance Co., 20 App. Div. 275, 46 N. Y. Supp. 934; Miller v. Insurance Co., 113 Iowa, 211, 84 N. W. 1049; Washington County v. St Louis, etc., R, Co., 58 Mo. 376.
ADJUSTMENT. In the law of Insur­ance, the adjustment of a loss is the ascer­tainment of its amount and the ratable dis­tribution of it among those liable to pay it; the settling and ascertaining the amount of the indemnity which the assured, after all allowances and deductions made, is entitled to receive under the policy, and fixing the proportion which each underwriter is liable to pay. Marsh. Ins. (4th Ed.) 499; 2 PhiL
Ins. §§ 1814, 1815; New York v. Insurance Co., 39 N. Y. 45, 100 Am. Dec. 400; Whipple v. Insurance Co., 11 R. I. 139.
Adjuvari quippe nos, non decipi, bene-flcio oportet. We ought to be favored, not injured, by that which is intended for our benefit (The species of bailment called "loan" must be to the advantage of the bor­rower, not to his detriment.) Story, Bailm. { 275. See 8 El. & BL 1051.
ADLAMWR. In Welsh law. A proprie­tor who, for some cause, entered the serv­ice of another proprietor, and left him after the expiration of a year and a day. He was liable to the payment of 30 pence to his pa­tron. Wharton.
ADLEGIARE. To purge one's self of a crime by oath.
ADMANUENSIS. A person who swore by laying his hands on the book.
ADMEASUREMENT. Ascertainment by measure; measuring out; assignment or ap­portionment by measure, that is, by fixed quantity or value, by certain limits, or in definite and fixed proportions.
—Admeasurement of dower. In practice. A remedy which lay for the heir on reaching his majority to rectify an assignment of dower made during his minority, by which the dower-ess had received more than she was legally en­titled to. 2 Bl. Comm. 136; Gilb. Uses, 379. In some of the states the statutory proceeding enabling a widow to compel the assignment of dower is called "admeasurement of dower."— Admeasurement of pasture. In English law. A writ which lies between those that have common of pasture appendant, or by vicinage, in cases where any one or more of them' sur­charges the common with more cattle than they ought. Bract, fol. 229a; 1 Crabb, Real Prop. p. 318, § 358.—Admeasurement, writ of. It lay against persons who usurped more than their share, in the two following cases Ad­measurement of dower, and admeasurement of pasture. Termes de la Ley.
ADMENSURATIO. In old English law. Admeasurement. Reg. Orig. 156, 157.
ADMEZATORES. In old Italian law. Persons chosen by the consent of contending parties, to decide questions between them. Literally, mediators. Spelman.
ADMINICLE. In Scotch law. An aid
or support to something else. A collateral deed or writing, referring to another which has been lost, and which it is in general nec­essary to produce before the tenor of the lost deed can be proved by parol evidence. Ersk. Inst b. 4, tit 1, § 55.
Used as an English word in the statute of 1 Edw. IV. c. 1, in the sense of aid, or sup­port
In the civil law. Imperfect proof. Merl. Repert. See Amiiniculum.
ADMINICULAR. Auxiliary to. "The murder would be adminicular to the rob-


bery," (i. c, committed to accomplish it) The Marianna Flora, 3 Mason, 121, Fed. Gas. No. 9080.
—Adminicular evidence. In, ecclesiastical law. Auxiliary or supplementary evidence; such as is presented for the purpose of explain­ing and completing other evidence.
ADMINICULATE. To give adminicu­lar evidence.
ADMINICULATOR. An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted per­sons. Spelman.
ADMINICULUM. Lat An adminicle; a prop or support; an accessory thing. An aid or support to something else, whether a right or the evidence of one. It is principally used to designate evidence adduced in aid or support of other evidence, which without it is imperfect. Brown.
ADMINISTER. To discharge the duties of an office; to take charge of business; to manage affairs; to serve in the conduct of affairs, in the application of things to their uses; to settle and distribute the estate of a decedent,
In physiology, and in criminal law, to ad­minister means to cause or procure a person to take some drug or other substance into his or her system; to direct and cause a med­icine, poison, or drug to be taken into the system. State v. Jones, 4 Pennewill (Del.) 109, 53 Atl. 861; McCaughey v. State, 156 Ind. 41, 59 N. E. 169; La Beau v. People, 34 N. Y. 223; Sumpter v. State, 11 Fla. 247; Bobbins v. State, 8 Ohio St, 131.
Neither fraud nor deception is a necessary ingredient in the act of administering poison. To force poison into the stomach of another; to compel another by threats of violence to swallow poison; to furnish poison to another for the purpose and with the intention that the person to whom it is delivered shall commit suicide therewith, and which poison is accord­ingly taken by the suicide for that purpose; or to be present at the taking of poison by a suicide, participating in the taking thereof, by assistance, persuasion, or otherwise,—each and all of these are forms and modes of "adminis­tering" poison. Blackburn v. State, 23 Ohio St. 146.
ADMINISTRATION. In public law. The administration of government means the practical management and direction of the executive department, or of the public ma­chinery or functions, or of the operations of the various organs of the sovereign. The term "administration" is also conventionally applied to the whole class of public function­aries, or those in charge of the management of the executive department. People v. Sals-bury, 134 Mich. 537, 96 N. W. 936.
The management and settlement of the es­tate of an intestate, or of a testator who has
no executor, performed under the supervision of a court, by a person duly qualified and le­gally appointed, and usually involving (1) the collection of the decedent's assets; (2) payment of debts and claims against him and expenses; (3) distributing the remainder of the estate among those entitled thereto.
The term is applied broadly to denote the management of an estate by an executor, and also the management of estates of minors, lunatics, etc., in those cases where trustees have been appointed by authority of law to take charge of such estates in place of the legal owners. Bouvier; Crow v. Hubard, 62 Md. 565.
Administration is principally of the fol­lowing kinds, viz.:
Ad colligendum bona defuncti. To col­lect the goods of the deceased. Special let­ters of administration granted to one or more persons, authorizing them to collect and preserve the goods of the deceased, are so called. 2 Bl. Comm. 505; 2 Steph. Comm. 241. These are otherwise termed "letters ad colligendum," and the party to whom they are granted, a "collector."
An administrator ad colligendum is the mere agent or officer of the court to collect and pre­serve the goods of the deceased until some one is clothed with authority to administer them, and cannot complain that another is appointed administrator in chief. Flora v. Mennice, 12 Ala. 836.
Ancillary administration is auxiliary and subordinate to the administration a;t the place of the decedent's domicile; it may be taken out in any foreign state or country where assets are locally situated, and is merely for the purpose of collecting such as­sets and paying debts there.
Cum testamento annexo. Administration with the will annexed. Administration granted in cases where a testator makes a will, without naming any executors; or where the executors who are named in the will are incompetent to act, or refuse to act; or in case of the death of the executors, or the survivor of them. 2 Bl. Comm. 503, 504.
De bonis non. Administration of the goods not administered. Administration granted for the purpose of administering such of the goods of a deceased person as were not administered by the former executor or ad­ministrator. 2 Bl. Comm. 506; Sims v. Wa­ters, 65 Ala. 442; Clemens v. Walker, 40 Ala. 198; Tucker v. Horner, 10 Phila. (Pa.) 122.
De bonis non cum testamento annexo. That which is granted when an executor dies leaving a part of the estate unadministered. Conklin v. Egerton, 21 Wend. (N. Y.) 430; Clemens v. Walker, 40 Ala. 189.
Durante absentia. That which is granted during the absence of the executor and until he has proved the will.
Durante minori estate. Where an infant is made executor; in which case administra­tion with will annexed is granted to another,


during the minority of such executor, and until he shall attain his lawful age to act. See Godo. 102.
Foreign administration. That which is ex­ercised by virtue of authority properly con­ferred by a foreign power.
Pendente lite. Administration during the suit. Administration granted during the pendency of a suit touching the validity of a will. 2 Bl. Comm. 503; Cole v. Wooden, 18 N. J. Law, 15, 20.
Public administration is such as is con­ducted (in some jurisdictions) by an officer called the public administrator, who is ap­pointed to administer in cases where the in­testate has left no person entitled to apply for letters.
General administration. The grant of au­thority to administer upon the entire estate of a decedent, without restriction or limita­tion, whether under the intestate laws or with the will annexed. Clemens v. Walker, 40 Ala. 198.
Special administration. Authority to ad­minister upon some few particular effects of a decedent, as opposed to authority to ad­minister his whole estate. In re Senate Bill, 12 CJolo. 193, 21 Pac. 482; Clemens v. Walker, 40 Ala. 198.
—Letters of administration. The instru­ment by which an administrator or adminis­tratrix is authorized by the probate court, sur­rogate, or other proper officer, to have the charge and administration of the goods and chattels of an intestate. See Mutual Ben. L. Ins. Co. v. Tisdale, 91 U. S. 243, 23 L. Ed. 314.
ADMINISTRATION SUIT. In English practice. A suit brought in chancery, by any one interested, for administration of a de­cedent's estate, when there is doubt as to its solvency. Stimson.
ADMINISTRATIVE. Pertaining to ad­ministration. Particularly, having the char­acter of executive or ministerial action. In this sense, administrative functions or acts are distinguished from such as are judicial. People v. Austin, 20 App. Div. 1, 46 N. Y. Supp. 526.
—Administrative law. That branch of pub­lic law which deals with the various organs of the sovereign power considered as in motion, and prescribes in detail the manner of their activity, being concerned with such topics as the collection of the revenue, the regulation of the military and naval forces, citizenship and naturalization, sanitary measures, poor laws, coinage, police, the public safety and morals, etc. See Holl. Jur. 305-307.—Administrative officer. Politically and as used in constitu­tional law, an officer of the executive depart­ment of government, and generally one of in­ferior rank; legally, a ministerial or executive officer, as distinguished from a judicial officer. People v. Salsbury, 134 Mich. 537, 96 N. W. 936.
ADMINISTRATOR, in the most usual sense of the word, is a person to whom let­ters of administration, that is, an authority to administer the estate of a deceased per-
son, have been granted by the proper court He resembles an executor, but, being appoint­ed by the court, and not by the deceased, he has to give security for the due administra­tion of the estate, by entering into a bond with sureties, called the administration bond. Smith v. Gentry, 16 Ga. 31; Collamore v. Wilder, 19 Kan. 78.
By the law of Scotland the father is what is called the "administrator-in-law" for his children. As such, he is ipso jure their tu­tor while they are pupils, and their curator during their minority. The father's power extends over whatever estate may descend to his children, unless where that estate has been placed by the donor or grantor under the charge of special trustees or managers. This power in the father ceases by the child's discontinuing to reside with him, unless he continues to live at the father's expense; and with regard to daughters, it ceases on their marriage, the husband being the legal curator of his wife. Bell.
A public administrator is an officer author­ized by the statute law of several of the states to superintend the settlement of es­tates of persons dying without relatives en­titled to administer.
In the civil law. A manager or conduc­tor of affairs, especially the affairs of an­other, in his name or behalf. A manager of public affairs in behalf of others. Calvin. A public officer, ruler, or governor. Nov. 95, gl.; Cod. 12, 8.
—Domestic administrator. One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary ad­ministrator.—Foreign administrator. One
appointed or qualified under the laws of a for­eign state or country, where the decedent was domiciled.
ADMINISTRATRIX. A female who ad­ministers, or to whom letters of administra­tion have been granted.
ADMINISTRAVIT. Lat He has ad­ministered. Used in the phrase plene admin-istravit, which is the name of a plea by an executor or administrator to the effect that he has "fully administered" (lawfully dis­posed of) all the assets of the estate that have come to his hands.
ADMIRAL. In European law. An of­ficer who presided over the admiralitas, or collegium ammiralitatis. Locc. de Jur. Mar. lib. 2, c. 2, § 1.
In old English law. A high officer or magistrate that had the government of the king's navy, and the hearing of all causes belonging to the sea. Cowell.
In the navy. Admiral is also the title of high naval officers; they are of various grades,—rear admiral, vice-admiral, admiral, admiral of the fleet, the latter being the highest


ADMIRALITAS. L. Lat. Admiralty; the admiralty, or court of admiralty.
In European law. An association of pri­vate armed vessels tor mutual protection and defense against pirates and enemies.
ADMIRALTY. A court exercising juris­diction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating to the sea, and over questions of prize
Also, the system of jurisprudence relating to and growing out of the jurisdiction and practice of the admiralty courts.
In English law. The executive depart­ment of state which presides over the naval forces of the kingdom. The normal head is the lord high admiral, but in practice the functions of the great omce are discharged by several commissioners, of whom one is the chief, and is called the "First Lord." He is assisted by other lords and by various sec­retaries. Also the court of the admiral.
The building where the lords of the admir-, alty transact business.
In American law. A tribunal exercising jurisdiction over all maritime contracts, torts, injuries, or offenses. 2 Pars. Mar. Law, 508; New England Marine Ins. Co. v. Dunham, 11 Wall. 1, 23, 20 L. Ed. 90; De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,776; The Belfast v. Boon, 7 Wall. 624, 19 L. Ed. 266; Ex parte Easton, 95 U. S. 68, 72, 24 L. Ed. 373.
ADMISSIBLE. Proper to be received. As applied to evidence, the term means that it is of such a character that the court or judge is bound to receive it; that is, allow it to be introduced.
ADMISSION. In evidence. A volun­tary acknowledgment, confession, or conces­sion of the existence of a fact or the truth of an allegation made by a party to the suit. Roosevelt v. Smith, 17 Misc. Rep. 323, 40 N. Y. Supp. 381.
In pleading. The concession or acknowl­edgment by one party of the truth of some matter alleged by the opposite party, made in a pleading, the effect of which is to nar­row the area of facts or allegations requiring to be proved by evidence. Connecticut Hos­pital v. Brookfield, 69 Conn. 1, 36 Atl. 1017.
In practice. The formal act of a court, by which attorneys or counsellors are recog­nized as officers of the court and are licensed to practice before it
In corporations. The act of a corpora­tion or company by which an individual ac­quires the rights of a member of such cor­poration or company.
In English ecclesiastical law. The act
of the bishop, who, on approval of the clerk
presented by the patron, after examination, declares him fit to serve the cure of tne church to which he is presented, by the words "admitto te habilem," I admit thee able. Co. Litt. 344a; 4 Coke, 79; 1 Crabb, Real Prop. p. 138, § 123.
Synonyms. The term "admission" is usu­ally applied to civil transactions and to these matters of fact in criminal cases which do not involve criminal intent, while the term "confession" is generally restricted to acknowl­edgments of guilt. People v. Velarde, 59 Cal. 457; Colburn v. Groton, 66 N. H. 151, 28 Atl. 95, 22 L. R. A. 763; State v. Porter, 32 Or. 135, 49 Pac. 964.
ADMISSION TO BAIL. The order of a competent court or magistrate that a per­son accused of crime be discharged from actual custody upon the taking of bail. Comp. Laws Nev. 1900, § 4460; Ann. Codes & St Or. 1901, % 1492; People v. Solomon, 5 Utah, 277, 15 Pac. 4; Shelby County T. Simmonds, 33 Iowa, 345.
ADMISSIONALIS. In European law. An usher. Spelman.
ADMIT. To allow, receive, or take; to suffer one to enter; to give possession; to license. Gregory v. United States, 17 Blatchf. 325, 10 Fed. Cas. 1195. See Ad­mission.
ADMITTANCE. In English law. The act of giving possession of a copyhold es­tate. It is of three kinds: (1) Upon a vol­untary grant by the lord, where the land has escheated or reverted to him. (2) Upon surrender by the former tenant. (3) Upon descent, where the heir is tenant on his ancestor's death.
ADMITTENDO CLERICO. A writ of execution upon a right of presentation to a benefice being recovered in quare impedit, addressed to the bishop or his metropolitan, requiring him to admit and institute the clerk or presentee of the plaintiff. Reg. Orig. 33a.
ADMITTENDO IN SOCIUM. A writ for associating certain persons, as knights and other gentlemen of the county, to jus­tices of assize on the circuit Beg. Orig 206.
ADMONITIO TRINA. A triple cr threefold warning, given, in old times, to a prisoner standing mute, before he was sub­jected to the peine forte et dure. 4 Bl. Comm. 325; 4 Steph. Comm. 391.
ADMONITION. In ecclesiastical law, this is the lightest form of punishment, con­sisting in a reprimand and warning admin­istered by the judge to the defendant. If the latter does not obey the admonition, he may be more severely punished, as by sus­pension, etc.


ADMORTIZATION. The reduction of property of lands or tenements to mort­main, in the feudal customs.
ADM'R. This abbreviation will be Ju­dicially presumed to mean "administrator." Moseley v. Mastin, 37 Ala. 216, 221.
ADNEPOS. The son of a great-great-grandson. Calvin.
ADNEPTIS. The daughter of a great-great-granddaughter. Calvin.
ADNICHILED. Annulled, cancelled, made void. 28 Hen. VIII.
ADNIHILABE. In old English law. To annul; to make void; to reduce to noth­ing; to treat as nothing; to hold as or for nought.
ADNOTATIO. In the Civil law. The subscription of a name or signature to an in­strument. Cod. 4, 19, 5, 7.
A rescript of the prince or emperor, sign­ed with his own hand, or sign-manual. Cod. 1, 19, 1. "In the imperial law, casual homi­cide was excused by the indulgence of the emperor, signed with his own sign-manual, annotatione principis." 4 Bl. Comm. 187.
ADOLESCENCE. That age which fol­lows puberty and precedes the age of major­ity. It commences for males at 14, and for females at 12 years completed, and con­tinues till 21 years complete.
ADOPT. To accept, appropriate, choose, or select; to make that one's own (property or act) which was not so originally.
To adopt a route for the transportation of the mail means to take the steps necessary to cause the mail to be transported over that route. Rhodes v. U. S., Dev. Ct. CI. 47. To adopt a contract is to accept it as binding, notwith­standing some defect which entitles the party to repudiate it. Thus, when a person affirms a voidable contract, or ratifies a contract made by his agent beyond his authority, he is said to adopt it. Sweet.
To accept, consent to, and put into effec­tive operation; as in the case of a consti­tution, constitutional amendment, ordinance, or by-law. Real v. People, 42 N. Y. 282; People v. Norton, 59 Barb. (N. Y.) 191.
To take into one's family the child of an­other and give him or her the rights, priv­ileges, and duties of a child and heir. State v. Thompson, 13 La. Ann. 515; Abney v. De Loach, 84 Ala. 393, 4 South. 757; In re Ses­sions' Estate, 70 Mich. 297, 38 N. W. 249, 14 Am. St. Rep. 500; Smith v. Allen, 32 App. Div. 374, 53 N. Y. Supp. 114.
Adoption of children was a thing unknown to the common law, but was a familiar practice under the Roman law and in those countries where the civil law prevails, as France and Spain. Modern statutes authorizing adoption are taken from the civil law, and to that extent modify the rules of the common law as to the succession of property. Butterfield v. Sawyer, 187 111. 598, 58 N. E. 602, 52 L. R. A. 75, 79 Am. St. Rep. 246; Vidal v. Commagere, 13 La.
Ann. 516; Eckford v. Knox, 67 Tex. 200, 2 S. W. 372.
—Adoption and legitimation. Adoption, properly speaking, refers only to persons who are strangers in blood, and is not synony­mous with "legitimation," which refers to per­sons of the same blood. Where one acknowl­edges his illegitimate child and takes it into his family and treats it as if it were legitimate, it is not properly an "adoption" but a "legiti­mation." Blythe v. Ayres, 96 Cal. 532, 31 Pac 915, 19 L. R. A. 40.
To accept an alien as a citizen or mem­ber of a community or state and invest him with corresponding rights and privileges, ei­ther (in general and untechnical parlance) by naturalisation, or by an act equivalent to naturalization, as where a white man is "adopted" by an Indian tribe. Hampton v. Mays, 4 Ind. T. 503, 69 S. W. 1115.
ADOPTION. The act of one who takes another's child into his own family, treating him as his own, and giving him all the rights and duties of his own child. A ju­ridical act creating between two persons certain relations, purely civil, of paternity and filiation. 6 Demol. § 1.
ADOPTIVE ACT. An act of legislation which comes into operation within a limited area upon being adopted, in manner pre­scribed therein, by the inhabitants of that area.
ADOPTIVUS. Lat Adoptive. Applied both to the parent adopting, and the child adopted. Inst 2, 13, 4; Id. 3, 1, 10-14.
ADPROMISSOR. In the civil and Scotch law. A guarantor, surety, or caution­er; a peculiar species of fidejussor; one who adds his own promise to the promise given by the principal debtor, whence the name.
ADQUIETO. Payment Blount
ADRECTARE. To set right, satisfy, or make amends.
ADRHAMIRE. In old European law. To undertake, declare, or promise solemnly; to pledge; to pledge one's self to make oath. Spelman.
ADRIFT. Sea-weed, between high and low water-mark, which has not been deposit­ed on the shore, and which during flood-tide is moved by each rising and receding wave, is adrift, although the bottom of the mass may touch the beach. Anthony v. Gifford, 2 Allen (Mass.) 549.
ADROGATION. In the civil law. The adoption of one who was impubes; that is, if a male, under fourteen years of age; if a female, under twelve. Dig. 1, 7, 17, 1.
ADS. An abbreviation for ad sectam, which means "at the suit of." Bowen v. Sewing Mach. Co., 86 111. 11.


ADSCENDENTES. Lat In the civil law. Ascendants. Dig. 23, 2, 68; Cod. 5, 5. 6.
ADSCRIPTI GLEBJE. Slaves who served the master of the soil, who were an­nexed to the land, and passed with it when it was conveyed. Calvin.
In Scotland, as late as the reign of George III., laborers in collieries and salt works were bound to the coal-pit or salt work in which they were engaged, in a manner similar to that of the adscnpU of the Romans. Bell.
ADSCRIPTUS. In the civil law. Add­ed, annexed, or bound by or in writing; en­rolled, registered; united, joined, annexed, bound to, generally. Servus colonm adscrip-tus, a slave annexed to an estate as a culti­vator. Dig. 19, 2, 54, 2. Fundus adscrip-tus, an estate bound to, or burdened with a duty. Cod. 11, 2, 3.
ADSESSORES. Side judges. Assist­ants or advisers of the regular magistrates, or appointed as their substitutes in certain cases. Calvin.
ADSTIPUIiATOR. In Roman law. An accessory party to a promise, who received the same promise as his principal did, and could equally receive and exact payment; or he only stipulated for a part of that for which the principal stipulated, and then his rights were coextensive with the amount of his own stipulation. Sandars, Just. Inst. (5th Ed.) 348.
ADULT. In the civil law. A male infant who has attained the age of four­teen; a female infant who has attained the age of twelve. Dom. Liv. Prel. tit 2, § 2, n. 8.
In the common law. One who has at­tained the legal age of majority, generally 21 years, though in some states women are legally "adults" at 18. Schenault v. State, 10 Tex. App. 410; George v. State, 11 Tex. App. 95; Wilson v. Lawrence, 70 Ark. 545, 69 S. W. 570.
ADULTER. Lat. One who corrupts; one who seduces another man's wife. Adul­ter solidorum. A corruptor of metals; a counterfeiter. Calvin.
ADULTERA. In the civil law. An adulteress; a woman guilty of adultery. Dig. 48, 5, 4, pr.; Id. 48, 5, 15, 8.
ADULTERATION. The act of corrupt­ing or debasing. The term is generally ap­plied to the act of mixing up with food or drink intended to be sold other matters of an inferior quality, and usually of a more or less deleterious quality. Grosvenor v. Duffy, 121 Mich. 220, 80 N. W. 19; Com. v. Hufnal, 185 Pa. 376, 39 Atl. 1052; People T. West, 44 Hun (N. Y.) 162.
ADULTERATOR. Lat In the civil law. A forger; a counterfeiter. Adultera-tores monetae, counterfeiters of money. Dig. 48, 19, 16, 9.
ADULTERINE. Begotten in an adulter­ous intercourse. In the Roman and canon law, adulterine bastards were distinguished from such as were the issue of two unmar­ried persons, and the former were treated with more severity, not being allowed the status of natural children, and being in­eligible to holy orders.
ADULTERINE GUILDS. Traders act­ing as a corporation without a charter, and paying a fine annually for permission to ex­ercise their usurped privileges. Smith, Wealth Nat b. 1, c. 10.
ADULTERIUM. A fine anciently im­posed as a punishment for the commission of adultery.
ADULTEROUS BASTARDY. Adul­terous bastards are those produced by an unlawful connection between two persons, who, at the time when the child was con­ceived, were, either of them or both, con­nected by marriage with some other person. Civil Code La. art 182.
ADULTERY. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Civil Code Cal. § 93; 1 Bish. Mar. & Div. § 703; Cook v. State, 11 Ga. 53, 5*5 Am. Dec. 410; State v. Mahan, 81 Iowa, 121, 46 N. W. 855; Banks v. State, 96 Ala. 78, 11 South. 404.
Adultery is the unlawful voluntary sexual intercourse of a married person with one of the opposite sex, and when the crime is com­mitted between parties, only one of whom is married, both are guilty of adultery. Pen. Code Dak. § 333.
It is to be observed, however, that in some of the states it is held that this crime is com­mitted only when the woman is married to a third person, and the unlawful commerce of a married man with an unmarried woman is not of the grade of adultery. In some juris­dictions, also, a distinction is made between double and single adultery, the former being committed where both parties are married to other persons, the latter where one only is so married. State v. Fellows, 50 Wis. 65, 6 N. W. 239; State v. Searle, 56 Vt. 516; State v. Lash, 16 N. J. Law, 380, 32 Am. Dec. 397; Hood v. State, 56 Ind. 263, 26 Am. Rep. 21; State v. Connoway, Tapp. (Ohio) 90; State v. Weatherby, 43 Me. 258, 69 Am. Dec. 59; Hun­ter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277.
ADVANCE, v. To pay money or render other value before it is due; or to furnish capital in aid of a projected enterprise, in expectation of return from it
ADVANCEMENT. Money or property given by a father to his child or presump­tive heir, or expended by the former for the


latter's benefit, by way of anticipation of the share which the child will inherit in the father's estate and intended to be deducted therefrom. It is the latter circumstance which differentiates an advancement from a gift or a loan. Grattan v. Grattan, 18 111. 167, 65 Am. Dec. 726; Beringer v. Lutz, 188 Pa. 364, 41 Atl. 643; Daugherty v. Rog­ers, 119 Ind. 254, 20 N. E. 779, 3 L. R. A 847; Hattersley v. Bissett, 51 N. J. Eq. 597, 20 Atl. 187, 40 Am. St. Rep. 532; Chase v. Ewing, 51 Barb. (N. Y.) 597; Osgood v. Breed, 17 Mass. 356; Nicholas v. Nicholas, 100 Va. 660, 42 S. D. 669; Moore v. Free­man, 50 Ohio St. 592, 35 N. E. 502; Appeal of Porter, 94 Pa. 332; Bissell v. Bissell, 120 Iowa, 127, 94 N. W. 465; In re Allen's Es­tate, 207 Pa. 325, 56 Atl. 928.
Advancement, in its legal acceptation, does not involve the idea of obligation or future lia­bility to answer. It is a pure and irrevocable gift made by a parent to a child in anticipa­tion of such child's future share of the parent's estate. Appeal of Yundt, 13 Pa. 580, 53 Am. Dec. 496. An advancement is any provision by a parent made to and accepted by a child out of his estate, either in money or property, during his life-time, over and above the obliga­tion of the parent for maintenance and educa­tion. Code Ga. 1882, § 2579. An "advance­ment by portion," within the meaning of the statute, is a sum given by a parent to establish a child in life, (as by starting him in business,) or to make a provision for the child, (as on the marriage of a daughter.) L. R. 20 Eq. 155.
ADVANCES. Moneys paid before or in advance of the proper time of payment; money or commodities furnished on credit; a loan or gift, or money advanced to be re­paid conditionally. Vail v. Vail, 10 Barb. (N. Y.) 69.
This word, when taken in its strict legal sense, does not mean gifts, (advancements,) and does mean a sort of loan; and, when taken in its ordinary and usual sense, it in­cludes both loans and gifts,—loans more readily, perhaps, than gifts. Nolan v. Bol­ton, 25 Ga. 355.
Payments advanced to the owner of prop­erty by a factor or broker on the price of goods which the latter has in his hands, or is to receive, for sale. Laflin, etc., Powder Co. v. Burkhardt, 97 U. S. 110, 24 L. Ed. 973.
ADVANTAGIUM. In old pleading. An advantage. Co. Ent 484; Townsh. PI. 50.
ADVENA, In Roman law. One of for­eign birth, who has left his own country and settled elsewhere, and who has not ac­quired citizenship in his new locality; oft­en called albanus. Du Cange.
ADVENT. A period of time recognized by the English common and ecclesiastical law, beginning on the Sunday that falls ei­ther upon St. Andrew's day, being the 30th of November, or the next to it, and continu­ing to Christmas day. Wharton.
ADVENTITIOUS. That which comes incidentally, fortuitously, or out of the regu­lar course. "Adventitious value" of lands, see Central R. Co. v. State Board of As­sessors, 49 N. J. Law, 1, 7 Atl. 306.
ADVENTITIUS. Lat Fortuitous; In­cidental ; that which comes from an unus­ual source. Adventitia bona are goods which fall to a man otherwise than by in­heritance. Adventitia dos is a dowry or portion given by some friend other than the parent.
ADVENTURA. An adventure. 2 Mon. Angl. 615; Townsh. PI. 50. Flotson, jet-son, and lagon are styled adventures maris, (adventures of the sea.) Hale, De Jure Mar. pt. 1, c. 7.
ADVENTURE. In mercantile law.
Sending goods abroad under charge of a- su­percargo or other agent, at the risk of the sender, to be disposed of to the best advan­tage for the benefit of the owners.
The goods themselves so sent.
In marine insurance. A very usual word in policies of marine insurance, and everywhere used as synonymous, or nearly so, with "perils." It is often used by the writers to describe the enterprise or voyage as a "marine adventure" insured against. Moores v. Louisville Underwriters (C. 0.) 14 Fed. 233.
—Adventure, bill of. In mercantile law.
A writing signed by a merchant, stating that
the property in goods shipped in his name be­
longs to another, to the adventure or' chance
of which the person so named is to stand, with
a covenant from the merchant to account to him
for the produce.—Gross adventure. In mari­
time law. A loan on bottomry. So named be­
cause the lender, in case of a loss, or expense
incurred for the common safety, must contribute
to the gross or general average Joint adven­
ture. A commercial or maritime enterprise
undertaken by several persons jointly; a limit­
ed partnership,—not limited in the statutory
sense as to the liability of the partners, but as
to its scope and duration. Ross v. Willett, 76
Hun, 211, 27 N. Y. Supp. 785.
ADVERSARIA. (From Lat. adversa, things remarked or ready at hand.) Rough memoranda, common-place books.
ADVERSARY. A litigant-opponent, the opposite party in a writ or action.
having opposing parties; contested, as dis­tinguished from an ex parte application; one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to con­test it.
ADVERSE. Opposed; contrary; in re­sistance or opposition to a claim, applica­tion, or proceeding.
As to adverse "Claim," "Enjoyment," "Possession," "User," "Verdict," "Witness," see those titles.


ADVERSE PARTY. An "adverse par­ty" entitled to notice of appeal is every par­ty whose interest in relation to the judg­ment or decree appealed from is in conflict with the modification or reversal sought by the appeal; every party interested in sus-t taining the judgment or decree. Harrigan v. Gilchrist, 121 Wis 127, 99 N. W. 909; Moody v. Miller, 24 Or. 179, 33 Pac. 402; Mohr v. Byrne, 132 Cal. 250, 64 Pac. 257; Fitzgerald v. Cross, 30 Ohio St. 444; In re Clarke, 74 Minn. 8, 76 N. W. 790; Herri-man v. Menzies, 115 Cal. 16, 44 Pac. 660, 35 L. R. A. 318, 56 Am. St Rep. 81.
ADVERSUS. In the civil law. Against, (contra) Adversus oonos mores, against good morals. Dig. 47, 10, 15.
ADVERTISEMENT. Notice given in a manner designed to attract public attention; information communicated to the public, or to an individual concerned, by means of handbills or the newspaper. Montford v. Allen, 111 Ga. 18, 36 S B. 305; Haffner v. Barnard, 123 Ind. 429, 24 N. E. 152; Com. v. Johnson, 3 Pa. Dist. R. 222.
A sign-board, erected at a person's place of business, giving notice that lottery tickets are for sale there, is an "advertisement," within the meaning of a statute prohibiting the advertis­ing of lotteries In such connection the mean­ing of the word is not confined to notices print­ed in newspapers. Com. v. Hooper, 5 Pick. (Mkss.) 42.
ADVERTISEMENTS OF QUEEN ELIZABETH. Certain articles or ordi­nances drawn up by Archbishop Parker and some of the bishops in 1564, at the request of Queen Elizabeth, the object of which was to enforce decency and uniformity in the ritual of the church. The queen subsequent­ly refused to give her official sanction to these advertisements, and left them to be enforced by the bishops under their general powers. Phillim. Ecc. Law, 910; 2 Prob. Div. 276; Id. 354.
ADVICE. View; opinion; the counsel given by lawyers to their clients; an opin­ion expressed as to wisdom of future con­duct
The instruction usually given by one mer­chant or banker to another by letter, in­forming him of shipments made to him, or of bills or drafts drawn on him, with par­ticulars of date, or sight, the sum, and the payee. Bills presented for acceptance or payment are frequently dishonored tor want of advice.
—Letter of advice. A communication from one person to another, advising or warning the latter of something which he ought to know, and commonly apprising him beforehand of some act done by the writer which will ultimately af­fect the recipient. It is usual and perfectly proper for the drawer of a bill of exchange to write a letter of advice to the drawee, as well to prevent fraud or alteration of the bill, as to let the drawee know what provision has been made for the payment of the bill. Chit Bills, 162.
consult, deliberate, consider, advise; to be advised. Occurring in the phrase curia ad-visari vult, (usually abbreviated cur. adv. vult, or C. A. V.,) the court wishes to be ad­vised, or to consider of the matter.
ADVISE. To give an opinion or counsel, or recommend a plan or course of action; also to give notice. Long v. State, 23 Neb. 33, 36 N. W. 310.
This term is not synonymous with "direct" or "instruct." Where a statute authorizes the trial court to advise the jury to acquit, the court has no power to instruct the jury to acquit. The court can only counsel, and the jury are not bound by the advice. People v. Horn, 70 Cal. 17, 11 Pac. 470.
ADVISED. Prepared to give judgment, after examination and deliberation. "The court took time to be advised." 1 Leon. 187.
ADVISEMENT. Deliberation, consider­ation, consultation; the consultation of a court, after the argument of a cause by counsel, and before delivering their opinion. Clark v. Read, 5 N. J. Law, 486.
ADVISORY. Counselling, suggesting, or advising, but not imperative. A verdict on an issue out of chancery is advisory. Watt v. Starke, 101 U. S. 252, 25 L, Ed. 826.
ADVOCARE. Lat To defend; to call to one's aid; to vouch; to warrant.
ADVOCASSIE. L. Fr. The office of an advocate: advocacy. Kelham.
ADVOCATA. In old English law. A patroness; a woman who had the right of presenting to a church. Spelman.
ADVOCATE. One who assists, defends, or pleads for another; one who renders le­gal advice and aid and pleads the cause of another before a court.
A person learned in the law, and duly ad­mitted to practice, who assists his client with advice, and pleads for him in open court. Holthouse.
The College or Faculty of Advocates is a corporate body in Scotland, consisting of the members of the bar in Edinburgh. A large portion of its members are not active practitioners, however. 2 Bankt. Inst. 486.
In the civil and ecclesiastical law.
An officer of the court, learned in the law, who is engaged by a suitor to maintain or defend his cause.
—Advocate general. The adviser of the crown in England on questions of naval and military law.—Advocate, lord. The principal crown lawyer in Scotland, and one of the great officers of state of Scotland. It is his duty to act as public prosecutor; but private individ­uals injured may prosecute upon obtaining his concurrence. He is assisted by a solicitor gen­eral and four junior counsel, termed "advo­cates-depute." He has the power of appearing

as public prosecutor in any court in Scotland, where any person can be tried for an, offense, or in any action where the crown is interested. Wharton.—Advocate, Queen's. A member of the College of Advocates, appointed by letters patent, whose office is to advise and act as coun­sel for the crown in questions of civil, canon, and international law. His rank is next after the solicitor general.
ADVOCATI ECCLESIiE. A term used In the ecclesiastical law to denote the pa­trons of churches who presented to the liv­ing on an avoidance. This term was also , applied to those who were retained to ar­gue the cases of the church.
ADVOCATIA. In the civil law. The quality, function, privilege, or territorial jurisdiction of an advocate.
ADVOCATION. In Scotch law. A pro­cess by which an action may be carried from an inferior to a superior court before final judgment in the former.
writ which lay for tithes, demanding the fourth part or upwards, that belonged to any church.
ADVOCATOR. In old practice. One
who called on or vouched another to war­rant a title; a voucher. Advocatus; the person called on, or vouched; a vouchee. Spelman; Townsh. PI. 45.
In Scotch, practice. An appellant. 1
Broun, R. 67.
ADVOCATUS. In the civil law. An advocate; one who managed or assisted in managing another's cause before a judicial tribunal. Called also "patronus." Cod. 2, 7, 14. But distinguished from cawidicus.
i± 2, e, 6.
—Advocatus diaboli. In ecclesiastical law. The devil's advocate; the advocate who argues against the canonization of a saint.—Advocati fisei. In the civil law. Advocates of the fisc: or revenue; fiscal advocates, (qui causam fisot egissent.) Cod. 2, 9, 1; Id. 2, 7, 13. Answer­ing, in some measure, to the king's counsel in English law. 3 Bl. Comm. 27.
Advocatus est, ad quern pertinet jus advocationis alicujus ecclesise, ut ad ec-clesiam, nomine proprio, non alieno, possit prsesentare. A patron is he to whom appertains the right of presentation to a church, in such a manner that he may pre­sent to such a church in his own name, and not in the name of another. Co. Litt 119.
ADVOUTREE. In old English law. An adulterer. Beaty v. Richardson, 56 S. C. 173, 34 S. B. 73, 46 L. R. A. 517.
ADTOUTRT. In old English law. Adultery between parties both of whom were married. Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277. Or the offense by an adulteress of continuing to live with
the man with whom she committed the adul­tery. Cowell; Termes de la Ley. Some­times spelled "advowtry."
ADVOWEE, or AVOWEE. The per­son or patron who has a right to present to a benefice. Fleta, lib. 5, c. 14.
—Advowee paramount. The sovereign, or highest patron.
ADVOWSON. In English ecclesiastical law. The right of presentation to a church or ecclesiastical benefice; the right of pre­senting a fit person to the bishop, to be by Mm admitted and instituted to a certain benefice within the diocese, which has be­come vacant 2 Bl. Comm. 21; Co. Litt 1196, 120a. The person enjoying this right is called the "patron" (patronus) of the church, and was formerly termed "advoca­tus" the advocate or defender, or In Eng­lish, "advowee." Id.; 1 Crabb, Real Prop. p. 129, § 117.
Advowsons are of the following several kinds, viz. :
—Advowson appendant. An advowson an­nexed to a manor, and passing with it, as in­cident or appendant to it, by a grant of the manor only, without adding any other words.
2Bl. Comm. 22; Co. Litt. 120, 121; 1 Crabb, Real Prop. p. 130, % 118.—Advowson colla-tive. Where the bishop happens himself to be the patron, in which case (presentation being impossible, or unnecessary) he does by one act, which is termed "collation" or conferring the benefice, all that is usually done by the separate acts of presentation and institution. 2 Bl. Comm. 22, 23; 1 Crabb, Real Prop. p. 131, § 119.—Advowson donative. Where the pa­tron has the right to put his clerk in possession by his mere gift, or deed of donation, with­out any presentation to the bishop, or institu­tion by him. 2 Bl. Comm. 23; 1 Crabb, Real Prop. p. 131, § 119.—Advowson in gross. An advowson separated from the manor, and annexed to the person. 2 Bl. Comm. 22; Co. Litt. 120; 1 Crabb, Real Prop. p. 130, § 118;
3Steph. Comm. 116.—Advowson presenta-tive. The usual kind of advowson, where the patron has the right of presentation to the bish­op, or ordinary, and moreover to demand of him to institute his clerk, if he finds him canon-ically qualified. 2 Bl. Comm. 22; 1 Crabb, Real Prop. p. 131, § 119.
ADVOWTRY. See Advoutbt.
.ZBDES. Lat In the civil law. A house, dwelling, place of habitation, whether in the city or country. Dig. 30, 41, 5. In the coun­try everything upon the surface of the soil passed under the term "cedes" Du Cange; Calvin.
^DIFICARE. Lat In civil and old English law. To make or build a house; to erect a building. Dig. 45, 1, 75, 7.
.Xdincare in tuo proprio solo non licet quod alteri noceat. 3 Inst 201. To build upon your own land what may injure an­other is not lawful. A proprietor of land has no right to erect an edifice on his own ground, interfering with the due enjoyment of adjoining premises, as by overhanging

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them, or by throwing water from the roof and eaves upon them, or by obstructing an­cient lights and windows. Broom, Max. 369.
JEdificatum solo solo cedit. What is built upon land belongs to or goes with land. Broom, Max. 172; Co. Litt. 4a.
JEdificia solo cedunt. Buildings belong to [go with] the soil. Fleta, lib. 3, c. 2, § 12.
iEDIIiE. In Roman law. An officer who attended to the repairs of the temples and other public buildings; the repairs and clean­liness of the streets; the care of the weights and measures; the providing for funerals and games; and regulating the prices of provi­sions. Ainsw. Lex.; Smith, Lex.; Du Cange.
iEDILITUM EDICTUM. In the Roman law. The iEdilitian Edict; an edict provid­ing remedies for frauds in sales, the execu­tion of which belonged to the curule sediles. Dig. 21, 1. See Cod. 4, 58.
JEFESN. In old English law. The re­muneration to the proprietor of a domain for the privilege of feeding swine under the oaks and beeches of his woods.
JEGROTO. Lat. Being sick or indispos­ed. A term used in some of the older re­ports. "Holt wgroto." 11 Mod. 179.
iEGYIiDE. Uncompensated, unpaid for, unavenged. From the participle of exclu­sion, a, <b, or ex, (Goth.,) and gild, payment, requital. Anc. Inst Eng.
iEL. A Norman French term signifying "grandfather." It is also spelled "aieul" and "ayle." Kelham.
iEquior est dispositio legis qnam homi-nis. The disposition of the law is more equitable than that of man. 8 Coke, 152.
iEQUITAS. In the civil law. Equity, as opposed to strictum or summum jus, (q. v.) Otherwise called cequum, mquum bonum, cequum et bonum, cequum et justum. Cal­vin.
iEqnitas agit in personam. Equity acts upon the person. 4 Bouv. Inst. n. 3733.
iEqnitas est correctio legis generaliter latae, qna parte deficit. Equity is the cor­rection of that wherein the law, by reason of its generality, is deficient. Plowd. 375.
iEqnitas est correctio qnsedam legi ad-Mbita, quia ab ea abest aliquid propter generalean sine exceptione comprenen-
?ionem. Equity is a certain correction ap­plied to law, because on account of its general comprehensiveness, without an exception, something is absent from it Plowd. 467.
iEqnitas est perfecta qnsedam ratio quae jus seriptum interpretatnr et emen-dat; nulla scriptura compreliensa, sed solum in vera ratione consistens. Equity is a certain perfect reason, which interprets and amends the written law, comprehended in no writing, but consisting in right reason alone. Co. Litt 246.
iEqnitas est quasi aequalitas. Equity is as it were equality; equity is a species of equality or equalization. Co. Litt 24.
iEqnitas ignorantise opitulatur, osci-tantise non item. Equity assists ignorance, but not carelessness.
iEqnitas non facit jus, sed juri auxil-iatnr. Equity does not make law, but as­sists law. Lofft, 379.
iEqnitas nunqnam contravenit leges.
Equity never counteracts the laws.
iEqnitas sequitur legem. Equity fol­lows the law. Gilb. 186.
.ZBquitas supervacna odit. Equity ab­hors superfluous things. Lofft, 282.
.ZBquitas uxoribus, liberis, creditoribus maxime favet. Equity favors wives and children, creditors most of all.
^qnnm et bonum est lex legum. What is equitable and good is the law of laws. Hob. 224.
iEQUUS. Lat Equal; even. A provi­sion in a will for the division of the residu­ary estate ex cequus among the legatees means equally or evenly. Archer v. Morris, 61 N. J. Eq. 152, 47 Atl. 275.
SIM, or ERA. A fixed point of chron­ological time, whence any number of years is counted; thus, the Christian era began at the birth of Christ, and the Mohammedan era at the flight of Mohammed from Mecca to Medina. The derivation of the word has been much contested. Wharton.
iERARITJM. Lat In the Roman law. The treasury, (flscus.) Calvin.
SIS. Lat. In the Roman law. Money, (literally, brass;) metallic money in general, including gold. Dig. 9, 2, 2, pr.; Id. 9, 2, 27, 5; Id. 50, 16, 159.
—2Es alienum. A civil law term signifying a debt; the property of another; borrowed money, as distinguished from ces swim, one's own money.—^Bs suum. One's own money In the Roman law. Debt; a debt; that which others owe to us, (quod alii nobis debent.) Dig. 50, 16, 213.
.3BSNECIA. In old English law. Es­necy; the right or privilege of the eldest


born. Spelman; Glanv. lib. 7, c. 3; Fleta, lib. 2, c. 66, §§ 5, 6.
JESTIMATIO CAPITIS. In Saxon law. The estimation or valuation of the head; the price or value of a man. By the laws of Athelstan, the life of every man not except­ing that of the king himself, was estimated at a certain price, which was called the were, or wstimatio capitis. Crabb, Eng. Law, c. 4.
2Estimatio prseteriti delicti ex post-remo facto nnuqnam crescit. The weight of a past offense is never increased by a sub­sequent fact. Bacon.
2ETAS. Lat In the civil law. Age.
—JEtas infantiae prozima. The age next to infancy; the first half of the period of child­hood, (pueritia,) extending from seven years to ten and a half. Inst 3, 20, 9; 4 Bl. Comm. 22. —iEtas legitima. Lawful age; the age of twenty-five. Dig. 3, 5, 27, pr.; Id. 26, 2, 32, 2; Id. 27, 7, 1, pr.—^tas perfecta. Complete age; full age; the age of twenty-five. Dig. 4, 4, 32; Id. 22, 3, 25, 1.—.ffitas prima. The first age; infancy, (infantia.) Cod. 6, 61, 8, 3. —2Etas pnbertati prozima. The age next to puberty; the last half of the period of child­hood, (pueritia,) extending from ten years and a half to fourteen. Inst. 3, 20, 9; 4 Bl. Comm. 22.
iETATE PROBANDA. A writ which inquired whether the king's tenant holding in chief by chivalry was of full age to receive his lands. It was directed to the escheater of the county. Now disused.
.XTHELING. In Saxon law. A noble; generally a prince of the blood.
AFFAIRS. A person's concerns in trade or property; business. Montgomery v. Com., 91 Pa. 133; Bragaw v. Bolles, 51 N. J. Eq. 84, 25 Atl. 947.
AFFECT. To act upon; influence; change; enlarge or abridge. This word is often used in the sense of acting injuriously upon per­sons and things. Ryan v. Carter, 93 U. S. 84, 23 L. Ed. 807; Tyler v. Wells, 2 Mo. App. 538; Holland v. Dickerson, 41 Iowa, 373; United States v. Ortega, 11 Wheat. 467, 6 L. Ed. 521.
Affectio tua nomen imponit operi tuo.
Your disposition (or intention) gives name (or character) to your work or act. Bract. fol. 26, 101&.
AFFECTION. The making over, pawn­ing, or mortgaging a thing to assure the pay­ment of a sum of money, or the discharge of some other duty or service. Crabb, Technol. Diet.
AFFECTUS. Disposition; intention, im­pulse or affection of the mind. One of the causes for a challenge of a juror is propter
affectum, on account of a suspicion of Mat or favor. 3 Bl. Comm. 363; Co. Litt. 156.
Affectus pnxtitnr licet non sequatnr effectus. The intention is punished although the intended result does not follow. 9 Coke, 55.
AFFEER. To assess, liquidate, appraise, fix In amount.
To affeer an amercement. To establish the amount which one amerced in a court-leet should pay.
To affeer an account. To confirm it on oath in the exchequer. Cowell; Blount; Spelman.
AFFEERORS. Persons who, In court-leets, upon oath, settle and moderate the fines and amercements imposed on those who have committed offenses arbitrarily punishable, or that have no express penalty appointed by statute. They are also appointed to moder­ate fines, etc., in courts-baron. Cowell.
AFFERMER. L. Fr. To let to farm. Also to make sure, to establish or confirm. Kelham.
AFFIANCE. A plighting of troth be­tween man and .woman. Litt. § 39. An agreement by which a man or woman prom­ise each other that they will marry together. Poth. Traite du Mar. n. 24.
AFFIANT. The person who makes and subscribes an affidavit. The word is used, in this sense, interchangeably with "depo­nent" But the latter term should foe re­served as the designation of one who makes a deposition.
AFFIDARE. To swear faith to; to pledge one's faith or do fealty by making oath. Cowell.
AFFIDARI. To be mustered and en­rolled for soldiers upon an oath of fidelity.
AFFIDATIO. A swearing of the oath of fidelity or of fealty to one's lord, under whose protection the quasi-vassal has voluntarily come. Brown.
AFFIDATIO DOMINORUM. An oath taken by the lords in parliament
AFFIDATITS. One who is not a vassal, but who for the sake of protection has con­nected himself with one more powerful. Spelman; 2 Bl. Comm. 46.
AFFIDAVIT. A written or printed dec­laration or statement of facts, made volun­tarily, and confirmed by the oath or affirma­tion of the party making it, taken before an officer having authority to administer such oath. Cox v. Stern, 170 111. 442, 48 N. Bl


906, 62 Am. St Rep. 385; Hays v. Loomis, 34 111. 18.
An affidavit is a written declaration under oath, made without notice to the adverse par­ty. Code Civ. Proc Cal. § 2003; Code Civ. Proc. Dak. § 464.
An affidavit is an oath in writing, sworn be­fore and attested by him who hath authority to administer the same. Knapp v. Duclo, 1 Mich. N. P. 189.
An affidavit is always taken em parte, and in this respect it is distinguished from a depo­sition, the matter of which is elicited by ques­tions, and which affords an opportunity for cross-examination. In re Liter's Estate, 19 Mont. 474, 48 Pac. 753.
—Affidavit of defense. An affidavit stating that the defendant has a good defense to the plaintiff's action on the merits of the case.— Affidavit of merits. One setting forth that the defendant has a meritorious defense (sub­stantial and not technical) and stating the facts constituting the same. Palmer v. Rogers, 70 Iowa, 381, 30 N. W. 645.—Affidavit of service. An affidavit intended to certify the service of a writ, notice, or other document.— Affidavit to hold to bail. An affidavit made to procure the arrest of the defendant in a civil action.
AFFLLARE. L. Lat. To file or affile. Affiletur, let it be filed. 8 Coke, 160. De re-cordo affilatum, affiled of record. 2 Ltd. Raym. 1476.
AFFILE. A term employed in old prac­tice, signifying to put on file. 2 Maule & S. 202. In modern usage it is contracted to file.
AFFILIATION. The fixing any one with the paternity of a bastard child, and the obligation to maintain it.
In French, law. A species of adoption which exists by custom in some parts of France. The person affiliated succeeded equally with other heirs to the property ac­quired by the deceased to whom he had been affiliated, but not to that which he inherited. Bouvier.
In ecclesiastical law. A condition which prevented the superior from removing the person affiliated to another convent. Guyot, Report
AFFINAGE. A refining of metals. Blount
AFFIXES. In the civil law. Connections by marriage, whether of the persons or their relatives. Calvin.
Neighbors, who own or occupy adjoining lands. Dig. 10, 1, 12.
Affinis mei affinis non est mini af-finis. One who is related by marriage to a person related to me by marriage has no affinity to me. Shelf. Mar. & Div. 174.
AFFINITAS. Lat In the civil law. Af­finity; relationship by marriage. Inst. 1, 10, 6.
—Affinitaa affinitatis. Remote relationship by marriage. That connection between parties
arising from marriage which is neither consan-
fiinity nor affinity. Chinn v. State, 47 Ohio t. 575, 26 N. E. 986, 11 L. R, A. 630.
AFFINITY. At common law. Rela­tionship by marriage between the husband and the blood relations of the wife, and be­tween the wife and the blood relations of the husband. 1 Bl. Comm. 434; Solinger v. Earle, 45 N. Y. Super. Ct. 80; Tegarden v. Phillips (Ind. App.) 39 N. E. 212.
Affinity is distinguished into three kinds: (1) Direct, or that subsisting between the husband and his wife's relations by blood, or between the wife and the husband's relations by blood; (2) secondary, or that which subsists between the husband and his wife's relations by mar­riage , (3) collateral, or that which subsists be­tween the husband and the relations of his wife's relations. Wharton.
In the civil law. The connection which arises by marriage between each person of the married pair and the kindred of the other. Mackeld. Rom. Law, § 147; Poy-dras v. Livingston, 5 Mart. O. S. (La.) 295. A husband is related by affinity to all the consanguinei of his wife, and vice versa, the wife to the husband's consanguinei; for the husband and wife being considered one flesh, those who are related to the one by blood are related to the other by affinity. Gib. Cod. 412; 1 Bl. Comm. 435.
In a larger sense, consanguinity or kin­dred. Co. Litt. 157a.
—Quasi affinity. In the civil law. The af­finity which exists between two persons, one of whom has been betrothed to a kinsman of the other, but who have never been marriedi
AFFIRM. To ratify, make firm, confirm, establish, reassert.
To ratify or confirm a former law or judg­ment Cowell.
In the practice of appellate courts, to affirm a judgment, decree, or order, is to declare that it is valid and right, and must stand as rendered below; to ratify and reassert it; to concur in its correctness and confirm its effi­cacy.
In pleading. To allege or aver a mat­ter of fact; to state it affirmatively; the opposite of deny or traverse.
In practice. To make affirmation; to make a solemn and formal declaration or as­severation that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. Also, to give testimony on affirmation.
In the law of contracts. A party is said to affirm a contract the same being voidable at his election, when he ratifies and accepts it waives his right to annul it, and proceeds under it as if it had been valid originally.
AFFIRMANCE. In practice. The con­firming, or ratifying a former law, or judg­ment. Cowell; Blount
The confirmation and ratification by an ap-


pellate court of a judgment, order, or decree of a lower court brought before it for review. See Affirm. •
A dismissal of an appeal for want of pros­ecution is not an "affirmance" of the judg­ment. Drummond v. Husson, 14 N. Y. 60.
The ratification or confirmation of a void­able contract or act by the party who is to be bound tbereby.
The term is in accuracy to be distinguished from ratification, which is a recognition of the validity or binding force as against the party ratifying, of some act performed by another person; and from confirmation, which would seem to apply more properly to cases where a doubtful authority has been exercised by an­other in behalf of the person ratifying; but these distinctions are not generally observed with much care. Bouvier.
the English court of exchequer, is a day ap­pointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judg­ments. 2 Tidd, Pr. 1091.
AFFIRMANT. A person who testifies on affirmation, or who affirms instead of taking an oath. See Affiem'ation. Used in affi­davits and depositions which are affirmed, in­stead of sworn to in place of the word "de­ponent."
Affirmantis est probare. He who af­firms must prove. Porter v. Stevens, 9 Cush. (Mass.) 535.
Affirmant!, non neganti incnmbit pro-batio. The [burden of] proof lies upon him who affirms, not upon one who denies. Steph. PL 84.
AFFIRMATION. In practice. A solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases.
A solemn religious asseveration in the nat­ure of an oath. 1 Greenl. Ev. § 371.
AFFIRMATIVE. That which declares positively; that which avers a fact to be true; that which establishes; the opposite of negative.
The party who, upon the allegations of plead­ings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, in other words, to sustain the burden of proof. Abbott
As to affirmative "Damages," "Pleas," "Warranties," see those titles.
—Affirmative defense. In code pleading. New matter constituting a defense; new mat­ter which, assuming the complaint to be true, constitutes a defense to it. Carter v. Eighth Ward Bank, 33 Misc. Rep. 128, 67 N. Y. Supp. 300.—Affirmative pregnant. In pleading. An affirmative allegation implying some nega-
tive in favor of the adverse party. Fields v. State, 134 Ind. 46, 32 N. E. 780.—Affirmative relief. Relief, benefit, or compensation which may be granted to the defendant in a judgment or decree in accordance with the facts estab­lished in his favor; such as may properly be given within the issues made by the pleadings or according to the lpgal or equitable rights of the parties as established by the evidence. Gar­ner v. Hannah, 6 Duer (N. Y.) 262.—Affirma­tive statute. In legislation. A statute couch­ed in affirmative or mandatory terms; one which directs the doing of an act, or declares what shall be done ; as a negative statute is one which prohibits a thing from being done, or declares what shall not be done. Blackstone describes aflarmative acts of parliament as those "wherein justice is directed to be done accord­ing to the law of the land." 1 Bl. Comm. 142.
AFFIX. To fix or fasten upon, to attach to, inscribe, or impress upon, as a signature, a seal, a trade-mark. Pen. Code N. Y. i 367. To attach, add to, or fasten upon, per­manently, as in the case of fixtures annexed to real estate.
A thing is deemed to be affixed to land when it is attached to it by the roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanent­ly resting upon it, as in the case of build­ings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ. Code Cal. § 660; Civ. Code Mont. 1895, § 1076; McNally v. Con­nolly, 70 Cal. 3, 11 Pac. 320; Miller v. Wad-dingham (Cal.) 25 Pac. 688, 11 L. R, A. 510.
AFFIXTJS. In the civil law. Affixed, fix­ed, or fastened to.
AFFORARE. To set a price or value on a thing. Blount.
AFFORATUS. Appraised or valued, as things vendible in a market. Blount
AFFORCE. To add to; to increase; to strengthen; to add force to.
—Afforce the assise. In old English prac­tice. A method of securing a verdict, where the jury disagreed, by adding other jurors to the panel until twelve could be found who were unanimous in their opinion. Bract, fol. 1856, 292a; Fleta, lib. 4, c. 9, § 2; 2 Reeve, Hist. Eng. Law, 267.
AFFORCIAMENTUM. In old English law. A fortress or stronghold, or other forti­fication. Cowell.
The calling of a court upon a solemn or ex­traordinary occasion. Id.
AFFOREST. To convert land Into a for­est in the legal sense of the word.
AFFOUAGE. In French law. The right of the inhabitants of a commune or section of a commune to take from the forest the fire-wood which is necessary for their use. Duverger.
AFFRANCHIR. L. Fr. To set free. Kelham.
AFFRANCHISE. To liberate; to make free.


AFFRAY. In criminal law. The fight­ing of two or more persons in some public place to the terror of the people. Burton t. Com., 60 S. W. 526, 22 Ky. Law Rep. 1315: Thompson v. State, 70 Ala. 26; State v. Allen, 11 N. a 356.
It differs from a riot in not being premeditat­ed ', for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guil­ty of a riot, but an affray only; and in that case none are guilty except those actually en­gaged in it. Hawk. P. C. bk. 1, c. 65, §3; 4 Bl. Comm. 146; 1 Russ. Crimes, 271; Su­preme Council v. Garrigus, 104 Ind. 133, 3 N. B. 818, 54 Am. Rep. 298.
If two or more persons voluntarily or by agreement engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place to the disturbance of others, they are guilty of an affray, and shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars. Rev. Code Iowa 1880, § 4065.
AFFEECTAMENTUM. Affreightment;-a contract for the hire of a vessel. From the Fr. fret, which, according to Cowell, meant tons or tonnage.
AFFREIGHTMENT. A contract of af­freightment is a contract with a ship-owner to hire his ship, or part of it, for the car­riage of goods. Such a contract generally takes the form either of a charter-party or of a bill of lading. Maude & P. Mer. Shipp. 227; Smith, Merc. Law, 295; Bramble v. Culmer, 78 Fed. 501, 24 C. C. A. 182; Auten v. Bennett, 88 App. Div. 15, 84 N. Y. Supp. 689.
In French law, freighting and affreight­ing are distinguished. The owner of a ship freights it, (le frete;) he is called the freight­er, (freteur;) he is the letter or lessor, (loca-teur, locator.) The merchant affreights {af-frete) the ship, and is called the affreighter, (affreteur;) he is the hirer, (locataire, con­ductor.) Emerig. Tr. des Ass. c. 11, § 3.
AFFRETEMENT. Fr. In French law. The hiring of a vessel; affreightment Call­ed also nolissement. Ord. Mar. liv. 1, tit. 2, art. 2; Id. liv. 3, tit 1, art 1.
AFFRI. In old English law. Plow cat­tle, bullocks or plow horses. Affri, or afri carucw; beasts of the plow. Spelman.
AFORESAID. Before, or already said, mentioned, or recited; premised. PlowdL 67. Foresaid is used in Scotch law.
Although the words "preceding" and "afore­said" generally mean next before, and "follow­ing" means next after, yet a different significa­tion will be given to them if required by the context and the facts of the case. Simpson v. Robert, 35 Ga. 180.
AFORETHOUGHT. In criminal law. Deliberate; planned; premeditated; pre­pense. State v. Peo, 9 Houst (Del.) 488, 33 Bl.Law Diot.(2d Ed.)—4
Atl. 257; Edwards v. State, 25 Ark. 444; People v. Ah Choy, 1 Idaho, 317; State v. Fiske, 63 Conn. 388, 28 Atl. 572.
AFTER. Later, succeeding, subsequent to, inferior in point of time or of priority or preference.
?—After-acquired. Acquired after a particu­lar date or event Thus, a judgment is a lien on after-acquired realty, t. e., land acquired by the debtor after entry of the judgment Hughes v. Hughes, 152 Pa. 590, 26 Atl. 101.—After-born. A statute making a will void as to after-born children means physical birth, and is not applicable to a child legitimated by the marriage of its parents. Appeal of McCulloch, 113 Pa. 247, 6 Atl. 253.—After date. When time is to be computed "after" a certain, date, it is meant that such date should be excluded in the computation. Bigelow v. Wilson, 1 Pick. (Mass) 485; Taylor v. Jacoby, 2 Pa. St. 495; Cromelian v. Brink, 29 Pa. St. 522.—After-discovered. Discovered or made known after a particular date or event.—After sight. This term as used in a bill payable so many days after sight, meang after legal sight; that is, after legal presentment for acceptance. The mere fact of having seen the bill or known of its existence does not constitute legal "sight." Mitchell v. Degrand, 17 Fed. Cas. 494.
AFTERMATH. A second crop of grass mown in the same season; also the right to take such second crop. See 1 Chit Gen. Pr. 181.
AFTERNOON. This word has two senses. It may mean the whole time from noon to midnight; or it may mean the earlier part of that time, as distinguished from the evening. When used in a statute its meaning must be determined by the con­text and the circumstances of the subject-matter. Reg. v. Knapp, 2 El. & Bl. 451.
AGAINST. Adverse to; contrary; op­posed to; without the consent of; in con­tact with. State v. Metzger, 26 Kan. 395; James v. Bank, 12 R. I. 460; Seabright v. Seabright, 28 W. Va. 465; State v. Prather, 54 Ind. 63.
—Against the form of the statute. When the act complained of is prohibited by a stat­ute. these technical words must be used in an indictment under it. The Latin phrase is con­tra formam statuti. State v. Murphy, 15 R. I. 543, 10 Atl. 585.—Against the peace. A technical phrase used in alleging a breach of the peace. See Contra Pacem. State v. Tib-betts, 86 Me 189, 29 Atl. 979.—Against the will. Technical words which must be used in framing an indictment for robbery from the person, rape and some other offenses. With-taker v. State, 50 Wis. 521, 7 N W. 431. 36 Am. St. Rep 856; Com. v. Burke, 105 Mass. 376. 7 Am. Rep. 531; Beyer y. People, 86 N. Y. 369.
AGALMA. An impression or image of anything on a seal. Cowell.
AGARD. L. Fr. An award. Nul fait agard; no award made.
AGARDER. L. Fr. To award, adjudge, or determine; to sentence, or condemn.


AGE. Signifies those periods in the lives of persons of both sexes which enable them to do certain acts which, before they had arrived at those periods, they were prohibit­ed from doing.
The length of time during which a per­son has lived or a thing has -existed.
In the old books, "age" is commonly used to signify "full age;" that is, the age of twenty-one years. Litt. § 259.
—Legal age. The age at which the person acquires full capacity to make his own con­tracts and deeds and transact business general­ly (age of majority) or to enter into some par­ticular contract or relation, as, the "legal age of consent" to marriage. See Capwell v. Cap-well, 21 R. I. 101, 41 Atl. 1005, Montoya de Antonio v. Miller, 7 N. M. 289, 34 Pac. 40, 21 L. R. A. 699.
AGE, Awe, Aive. L. Fr. Water. Kel-ham.
AGE PRATER. A suggestion of non­age, made by an infant party to a real ac­tion, with a prayer that the proceedings may be deferred until his full age. It is now abolished. St 11 Geo. IV.; 1 Wm. IV. c. 37, § 10; 1 Lil. Reg. 54; 3 Bl. Comm. 300,
AGENCY. A relation, created either by express or implied contract or by law, where­by one party (called the principal or con­stituent) delegates the transaction of some lawful business or the authority to do cer­tain acts for him or in relation to his rights or property, with more or less discretionary power, to another person (called the agent, attorney, proxy, or delegate) who under­takes to manage the affair and render him an account thereof. State v. Hubbard, 58 Kan. 797, 51 Pac. 290, 39 L. R. A. 860; Sternaman v. Insurance Co., 170 N. Y. 13, 62 N. E. 763, 57 I/. R. A. 318, 88 Am. St Rep. 625; Wynegar v. State, 157 Ind. 577, 62 N. E. 38.
The contract of agency may be defined to be a contract by which one of the contracting par­ties confides the management of some affair, to be transacted on his account to the-other par­ty, who undertakes to do the business and renr der an account of it. 1 Liverm. Prin. & Ag. 2.
A contract by which one person, with greater or less discretionary power, undertakes to rep­resent another in certain business relations. Whart. Ag. 1.
A relation between two or more persons, by which one party, usually called the' agent or attorney, is authorized to do certain acts for, or in relation to the rights or property of the other, who is denominated the principal, con­stituent, or employer. Bouvier. —Agency, deed of. A revocable and volun­tary trust for payment gf debts. Wharton.— Agency of necessity. A term sometimes ap­plied to the kind of implied agency which en­ables a wife to procure what is reasonably necessary for her maintenance and support on her husband's credit and at his expense, when he fails to make proper provision for her neces­sities. Bostwick v. Brower, 22 Misc. Rep. 709, 49 N. Y. Supp. 1046.
AGENESIA. In medical jurisprudence. Impotentia generandi; sexual impotence;
incapacity for reproduction, existing in ei­ther sex, and whether arising from struc­tural or other causes.
AGENFRIDA. Sax. The true master or owner of a thing. Spelman,
AGENHINA. In Saxon law. A guest at an inn, who, having stayed there for three nights, was then accounted one of the family. Oowell.
AGENS. Lat An agent, a conductor, or manager of affairs. Distinguished from factor, a workman. A plaintiff. Pleta, lib. 4, c. 15, § a
AGENT. One who represents and acts for another under the contract or relation of agency, q. v.
Classification. Agents are either general or special. A general agent is one employed in his capacity as a professional man or master of an art or trade, or one to whom the principal confides his whole business or all transactions or functions of a designated class; or he is a person who is authorized by his principal to execute all deeds, sign all contracts, or pur­chase all goods, required in a particular trade, business, or employment. See Story, Ag. § 17; Butler v. Maples, 9 Wall. 766, 19 L. Ed. 822; Jaques v. Todd, 3 Wend. (N. Y.) 90; Spring­field Engine Co. v. Kennedy, 7 Ind. App. 502, 34 N. E. 856: Cruzan v. Smith, 41 Ind. 297; Godshaw v. Struck, 109 Ky. 285, 58 S. W. 781, 51 L R. A. 668. A special agent is one employed to conduct a particular transaction or piece of business for his principal or authoriz­ed to perform a specified act. Bryant v. Moore, 26 Me. 87, 45 Am. Dec. 96; Gibson v. Snow Hardware Co., 94 Ala. 346, 10 South. 304: Cboley v. Perrine, 41 N. J. Law, 325, 32 Am. Rep. 210.
Agents employed for the sale of goods or mer­chandise are called "mercantile agents," and are of two principal classes,—brokers and fac­tors, (<?. v.;) a factor is sometimes called a "commission agent" or "commission merchant." Russ. Merc. Ag. 1.
Synonyms. The term "agent" is to be distinguished from its synonyms "servant," "representative," and "trustee." A servant acts in behalf of his master and under the tatter's direction and authority, but is regarded as a mere instrument, and not as the substitute or proxy of the master. Turner v. Cross, 83 Tex. 218, 18 S. W. 578r 15 L. R. A. 262; People v. Treadwell, 69 Cal. 226, 10 Pac. 502. A representative (such as an executor or an as­signee in bankruptcy) owes his power and au­thority to the law, which puts him in the place of the person represented, although the latter may have designated or chosen the representa­tive. A trustee acts in the interest and for the benefit of one person, but by an authority de­rived from another person.
In international law. A diplomatic agent is a person employed by a sovereign to manage his private affairs, or those of his subjects in his name, at the court of a for­eign government. Wolff, Inst. Nat § 1237.
In the practice of the house of lords and privy council. In appeals, solicitors and other persons admitted to practise in those courts in a similar capacity to that of

solicitors in ordinary courts, are technically called "agents." Macph. Priv. Coun. 65.
—Agent and patient. A phrase indicating the state of a person who is required to do a thing, and is at the same time the person to whom it is done.—Local agent. One ap­pointed to act as the representative of a cor­poration and transact its business generally (or business of a particular character) at a giv­en place or within a defined district. See Frick Co. v. Wright, 23 Tex. Civ. App. 340, 55 S. W. 608; Moore v. Freeman's Nat Bank, 92 N. C. 594; Western, etc., Organ Co. v. Ander­son, 97 Tex. 432, 79 S, W. 517—Managing agent. A person who is invested with general power, involving the exercise of judgment and discretion, as distinguished from an ordinary agent or employe", who acts in an inferior ca­pacity, and under the direction and control of superior authority, both in regard to the extent of the work and the manner of executing the same. Reddington v. Mariposa Land & Min. Co.. 19 Hun (N. Y.) 405; Taylor v. Granite State Prov. Ass'n, 136 N. Y. 343, 32 N. E. 992, 32 Am. St. Rep. 749; U. S. v. American Bell Tel. Co. (a C.) 29 Fed. 33; Upper Mississippi Transp. Co. v. Whittaker, 16 Wis. 220; Fos­ter v. Charles Betcher Lumber Co., 5 S. D 57, 58 N. W. 9, 23 L. R. A. 490, 49 Am. St. Rep. 859.—Private agent. An agent acting for an individual in his private affairs; as distin­guished from a pubho agent, who represents the government in some administrative capacity.— Public agent. An agent of the public, the state, or the government; a person appointed to act for the Dublic in some matter pertaining to the administration of government or the pub­lic business. See Story, Ag. § 302; Whiteside v. United States. 93 U. S. 254, 23 L. Ed. 882. —Real-estate agent. Any person 'whose business it is to sell, or offer for sale, real es­tate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. Act July 13, 1866, c. 49; 14 St. at Large, 118. Carstens v. MeReavy, 1 Wash. St. 359, 25 Pac. 471.
Agentes et consentientes pari poena plectentnr. Acting and consenting parties are liable to the same punishment 5 Coke, 80.
AGER. Lat. In the civil law. A
field; land generally. A portion of land in­closed by definite boundaries. Municipality No. 2 v. Orleans Cotton Press, 18 La. 167, 36 Am. Dec. 624.
In old English law. An acre. Spelman.
AGGER. Lat In the civil law. A dam, bank or mound. Cod. 9, 38; Townsh. PI. 4&
AGGRAVATED ASSAULT. An as­sault with circumstances of aggravation, or of a heinous character, or with intent to commit another crime. In re Burns (C. C.) 113 Fed. 992; Norton v. State, 14 Tex. 393. See Assault.
Defined in Pennsylvania as follows: "If any person shall unlawfully and maliciously inflict upon another person, either with or without any weapon or instrument, any grievous bodily harm, or unlawfully cut, stab, or wound any other person, he shall be guilty of a misde­meanor," etc Brightly, Purd. Dig. p. 434, § 167.
AGGRAVATION. Any circumstance at­tending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constitu­ents of the crime or tort itself.
Matter of aggravation, correctly understood, does not consist in acts of the same kind and description as those constituting the gist of the action, but in something done by the defendant, on the occasion of committing the trespass, which is, to some extent, of a different legal character from the principal act complained of. Hathaway v. Rice, 19 Vt. 107.
In pleading. The introduction of mat­ter into the declaration which tends to in­crease the amount of damages, but does not affect the right of action itself. Steph. PI. 257; 12 Mod. 597.
AGGREGATE. Composed of several; consisting of many persons united together. 1 Bl. Comm. 469.
—Aggregate corporation. See CORPORA­TION.
AGGREGATIO MENTIUM. The meet­ing of minds. The moment when a contract is complete. A supposed derivation of the word "agreement."
AGGRESSOR. The party who first of­fers violence or offense. He who begins a quarrel or dispute, either by threatening or striking another.
AGGRIEVED. Having suffered loss or injury; damnified; injured.
AGGRIEVED PARTY. Under statutes granting the right of appeal to the party aggrieved by an order or judgment, the par­ty aggrieved is one whose pecuniary inter­est is directly affected by the adjudication; one whose right of property may be estab­lished or divested thereby. Ruff v. Mont­gomery, 83 Miss. 185, 36 South. 67; McFar-land v. Pierce, 151 Ind. 546, 45 N. E. 706; Lamar v. Lamar, 118 Ga. 684, 45 S. E. 498; Smith v. Bradstreet, 16 Pick. (Mass.) 264; Bryant v. Allen, 6 N. H. 116; Wiggin v. Swett, 6 Mete. (Mass.) 194, 39 Am. Dec. 716; Tillinghast v. Brown University, 24 R. I. 179, 52 Atl. 891; Lowery v. Lowery, 64 N. C. 110; Raleigh v. Rogers, 25 N. J. Eq. 506. Or one against whom error has been committed. Kinealy v. Macklin, 67 Mo. 95.
AGILD. In Saxon law. Free from pen­alty, not subject to the payment of gild, or weregild; that is, the customary fine or pe­cuniary compensation for an offense. Spel­man ; Cbwell.
AGILER. In Saxon law. An observer or informer.
AGILLARIUS. L. Lat. In old English law. A hayward, herdward, or keeper of the herd of cattle in a common field. Cowell.


AGIO. In commercial law. A term used to express the difference in point of value between metallic and paper money, or be­tween one sort of metallic money and an­other. McCul. Diet
AGIOTAGE. A speculation on the rise and fall of the public debt of states, or the public funds. The speculator is called "ag-ioteur."
AGIST. In ancient law. To take In and feed the cattle of strangers in the king's forest, and to collect the money due for the same to the king's use. Spelman; Cowell.
In modern law. To take in cattle to feed, or pasture, at a certain rate of compen­sation. See Agistment.
AGISTATIO ANIMAMUM IX FOR-ESTA. The drift or numbering of cattle in the forest
AGISTERS, or GIST TAKERS. Offi­cers appointed to look after cattle, etc. See Williams, Common, 232.
AGISTMENT. The taking in of another person's cattle to be fed, or to pasture, upon one's own land, in consideration of an agreed price to be paid by the owner. Also the profit or recompense for such pasturing of cattle. Bass v. Pierce, 16 Barb. (N. Y.) 595; Williams v. Miller, 68 Cal. 290, 9 Pac. 166; Auld v. Travis, 5 Colo. App. 535, 39 Pac. 357.
There is also agistment of sea-banks, where lands are charged with a tribute to keep out the sea; and terras agistatce are lands whose owners must keep up the sea-banks. Holt-house.
AGISTOR. One who takes In horses or other animals to pasture at certain rates. Story, Bailm. § 443.
AGNATES. In the law of descents. Re­lations by the father. This word is used In the Scotch law, and by some writers as an English word, corresponding with the Latin agnati, (q. v.) Ersk. Inst. b. 1, tit 7, § 4.
AGNATI. In Roman law. The term in­cluded "all the cognates who trace their connection exclusively through males. A table of cognates is formed by taking each lineal ancestor in turn and including all his descendants of both sexes in the tabular view. If, then, in tracing the various branch­es of such a genealogical table or tree, we stop whenever we come to the name of a female, and pursue that particular branch or ramification no further, all who remain after the descendants of women have been excluded are agnates, and their connection together is agnatic relationship." Maine, Anc. Law, 142.
All persons are agnatically connected togeth­er who are under the same patria potest as, or
who have been under it, or who might have been under it if their lineal ancestor had lived long enough to exercise his empire. Maine, Anc. Law, 144.
The agnate family consisted of all persons living at the same time, who would have been subject td the patria potestas of a common an­cestor, if his life had been continued to their time. Hadl. Rom. Law, 131.
Between agnati and cognati there is this dif­ference: that, under the name of agnati, cog­nati are included, but not e converso; for in­stance, a father's brother, that is, a paternal uncle, is both agnatus and cognatus, but a mother's brother, that is, a maternal uncle, is a cognatus but not agnatus. (Dig. 38, 7, 5, pr.) BurrilL
AGNATIC. [From agnati, q. «.] De­rived from or through males. 2 Bl. Comm. 236.
AGNATIC In the civil law. Relation­ship on the father's side; agnation. Agnatio a patre est. Inst 3, 5, 4; Id. 3, 6, 6.
AGNATION. Kinship by the father's side. See Agnates; Agnati.
AGNOMEN. Lat An additional name or title; a nickname. A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Africanus, (the Afri­can,) from his African victories. Ainsworth; Calvin:
AGNOMINATION. A surname; an ad­ditional name or title; agnomen.
AGNUS DEI. Lat Lamb of God. A piece of white wax, in a flat, oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the pope. Cowell.
AGRARIAN. Relating to land, or to a division or distribution of land; as an agra­rian law.
AGRARIAN LAWS. In Roman law. Laws for the distribution among the people, by public authority, of the lands constituting the public domain, usually territory con­quered from an enemy.
In common parlance the term is frequently applied to laws which have for their ob­ject the more equal division or distribution of landed property; laws for subdividing large properties and increasing the number of landholders.
AGRARITTM. A tax upon or tribute pay­able out of land.
AGREAMENTUM. In old English law. Agreement; an agreement Spelman.
AGREE. To concur; to come into harmo­ny ; to give mutual assent; to unite in men­tal action; to exchange promises; to make an agreement.
To concur or acquiesce in; to approve or


adopt Agreed, agreed to, are frequently nsed in the books, (like accord,) to show the concurrence or harmony of cases. Agreed per curiam is a common expression.
To harmonize or reconcile. "You will agree your books." 8 Coke, 67.
AGREE. In French law. A solicitor practising solely in the tribunals of com­merce.
AGREEANCE. In Scotch law. Agree­ment; an agreement or contract
AGREED. Settled or established by agreement This word in a deed creates a covenant.
This word is a technical term, and it is synonymous with "contracted," McKisick v. McKisick, Meigs (Tenn.) 433. It means, ex vi termini, that it is the agreement of both parties, whether both sign it or not, each and both consenting to it Aikin v. Albany, V. & C. R. Co., 26 Barb. (N. Y.) 298.
—Agreed order. The only difference between an agreed order and one which is made in the due course of the proceedings in an action is that in the one case it is agreed to, and in the other it is made as authorized by law. Claflin v. Gibson (Ky.) 51 S. W. 439, 21 Ky. Law Rep. 337.—Agreed statement of facts. A statement of facts, agreed on by the parties as true and correct, to be submitted to a court for a ruling on the law of the case. United States Trust Co. v. New Mexico, 183 U. S. 535. 22 Sup. Ot 172, 46 U Ed. 315; Reddick v. Pulaski County, 14 Ind. App. 598, 41 N. B. 834.
AGREEMENT. A concord of understand­ing and intention, between two or more par­ties, with respect to the effect upon their relative rights and duties, of certain past or future facts or performances. The act of two or more persons, who unite in expressing a mutual and common purpose, with the view of altering their rights and obligations.
A coming together of parties in opinion or determination; the union of two or more minds in a thing done or to be done; a mu­tual assent to do a thing. Com. Dig. "Agree­ment," A 1.
The consent of two or more persons con­curring, the one in parting with, the other in receiving, some property, right or benefit Bac. Abr.
A promise, or undertaking. This is a loose and incorrect sense of the word. Wain v. Warlters, 5 East, 11.
The writing or instrument which is evi­dence of an .agreement.
Classification. Agreements are of the following several descriptions, viz.:
Conditional agreements, the operation and effect of which depend upon the existence of a supposed state of facts, or the performance of a condition, or the happening of a contin­gency.
Executed agreements, which have refer­ence to past events, or which are at once closed and where nothing further remains to be done by the parties.
Executory agreements are such as are to be performed in the future. They are com­monly preliminary to other more formal or important contracts or deeds, and are usual­ly evidenced by memoranda, parol promises, etc.
Express agreements are those in which the terms and stipulations are specifically de­clared and avowed by the parties at the time of making the, agreement
Implied agreement. One inferred from the acts or conduct of the parties, instead of be­ing expressed by them in written or spoken words; one inferred by the law where the conduct of the parties with reference to the subject-matter is such as to induce the belief that they intended to do that which their acts indicate they have done. Bixby v. Mqor, 51 N. H. 403; Cuneo v. De Cuneo, 24 Tex. Civ. App. 436, 59 S. W. 284.
Parol agreements. Such as are either by word of mouth or are committed to writing, but are not under seal. The common law draws only one great line, between things under seal and not under seal. Wharton.
Synonyms distinguished. The term "agreement" is often used as synonymous with "contract" Properly speaking, how­ever, it is a wider term than "contract" (An­son, Cont 4.) An agreement might not be a contract, because not fulfilling some require­ment of the law of the place in which it is made. So, where a contract embodies a se­ries of mutual stipulations or constituent clauses, each of these clauses might be de­nominated an "agreement."
"Agreement" is seldom applied to special­ties; "contract" is generally confined to sim­ple contracts; and "promise" refers to the engagement of a party without reference to the reasons or considerations for it, or the duties of other parties. Pars. Cont. 6.
"Agreement" is more comprehensive than "promise;" signifies a mutual contract, on consideration, between two or more parties. A statute (of frauds) which requires the agreement to be in writing includes the con­sideration. Wain v. Warlters, 5 East, 10.
"Agreement" is not synonymous with "promise" or "undertaking," but, in its more-proper and correct sense, signifies a mutual contract, on consideration, between two or more parties, and implies a consideration. Andrews v. Pontue, 24 Wend. (N. Y.) 285.
AGREER. Fr. In French marine law. To rig or equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1.
AGREZ. Fr. In French marine law. The rigging or tackle of a vessel. Ord. Mar. liv. 1, tit 2, art 1; Id. tit 11, art 2; Id. liv. 3, tit 1, art 11.


AGRX. Arable lands in common fields.
AGRI IilMITATI. In Roman law.
Lands belonging to the state by right of con­quest, and granted or sold in plots. Sandars, Just. Inst (5th Ed.) 98.
In modern civil law. Lands whose boundaries are strictly limited by the lines of government surveys. Hardin v. Jordan, 140 U. S. 371, 11 Sup. Ct 808, 35 L. Ed. 428.
AGRICULTURAL LIEN. A statutory lien in some states to secure money or sup­plies advanced to an agriculturist to be ex­pended or employed in the making of a crop and attaching to that crop only. Clark v. Farrar, 74 N. C. 686, 690.
AGRICULTURE. The science or art of cultivating the ground, especially in fields or large areas, including the tillage of the soil, the planting of seeds, the raising and har­vesting of crops, and the rearing of live stock. Dillard v. Webb, 55 Ala. 474. And see Bin-zel v. Grogan, 67 Wis. 147, 29 N. W. 895; Simons v. Lovell, 7 Heisk. (Tenn.) 510; Springer v. Lewis, 22 Pa. 191.
A person actually engaged in the "science of agriculture" (within the meaning of a statute giving him special exemptions) is one who de­rives the support of himself and his family, in whole or in part, from the tillage and culti­vation of fields. He must cultivate something more than a garden, although it may be much less than a farm. If the area cultivated can be called a field, it is agriculture, as well in contemplation of law as in the etymology of the word. And if this condition be fulfilled, the uniting of any other business, not inconsistent with the pursuit of agriculture, does not take away the protection of the statute. Springer v. Lewis. 22 Pa. 193.
AGUSADURA. In ancient customs, a fee, due from the vassals to their lord for sharpening their plowing tackle.
AHTEID. In old European law. A kind of oath among the Bavarians. Spelman. In Saxon law. One bound by oath, q. d. "oath-tied." From ath, oath, and tied. Id.
AID, v. To support, help, or assist. This word must be distinguished from its syno­nym "encourage," the difference being that the former connotes active support and as­sistance, while the latter does not; and also from "abet," which last word imports nec­essary criminality in the act furthered, while "aid," standing alone, does not. See Abet.
AID AND ABET. In criminal law. That kind of connection with the commission of a crime which, at common law, rendered the person guilty as a principal in the second degree. It consisted in being present at the time and place, and doing some act to ren­der aid to the actual perpetrator of the crime, though without taking a direct share in its commission. See 4 Bl. Comm. 34; Peo-
ple v. Dole, 122 Cal. 486, 55 Pac. 581, 68 Am. St Rep. 50; State v. Tally, 102 Ala. 25, 15 South. 722; State v. Jones, 115 Iowa, 113, 88 N. W. 196; State v. Cox, 65 Mo. 29, 33.
AID AND COMFORT. Help; support; assistance; counsel; encouragement.
As an element in the crime ot treason, the giving of "aid and comfort" to the enemy may consist in a mere attempt It is not es­sential to constitute the giving of aid and comfort that the enterprise commenced should be successful and actually render as­sistance. Young v. United States, 97 U. S. 62, 24 L. Ed. 992; U. S. v. Greathouse, 4 Sawy. 472, Fed. Cas. No. 15,254.
AID OF THE KING. The king's tenant prays this, when rent is demanded of him by others.
AID PRAYER. In English practice. A proceeding formerly made use of, by way of petition in court, praying in aid of the ten­ant for life, etc., from the reversioner or re­mainder-man, when the title to the inherit­ance was in question. It was a plea in sus­pension of the action. 3 Bl. Comm. 300.
AIDER BY VERDICT. The healing or remission, by a verdict rendered, of a detect or error in pleading which might have been objected to before verdict
The presumption of the proof of all facts necessary to the verdict as it stands, coming to the aid of a record in which such facts are not distinctly alleged.
AIDS. In feudal law, originally mere benevolences granted by a tenant to his lord, in times of distress; but at length the lords claimed them as of right They were prin­cipally three: (1) To ransom the lord's per­son, if taken prisoner; (2) to make the lord's eldest son and heir apparent a knight; (3) to give a suitable portion to the lord's eldest daughter on her marriage. Abolished by 12 Car. II. c. 24.
Also, extraordinary grants to the crown by the house of commons, and which were the origin of the modern system of taxation. 2 Bl. Comm. 63, 64.
—Reasonable aid. A duty claimed by the lord of the fee of his tenants, holding by knight service, to marry his daughter, etc Cowell.
AIEL, Aienl, Aile, Ayle. L. Ft. A
A writ which lieth where the grandfather was seised in his demesne as of fee of any lands or tenements in fee-simple the day that he died, and a stranger abateth or entereth the same day and dispossesseth the heir, Fitzh. Nat. Brev. 222; Spelman; Termes de-la Ley; 3 Bl. Comm. 186.
AIELESSE. A Norman French term sig­nifying "grandmother." Kelham.


AINESSE. In French feudal law. The right or privilege of the eldest born; primo­geniture; esnecy. Guyot, Inst Feud. c. 17.
AIR. That fluid transparent substance which surrounds our globe. Bank v. Ken-nett, 101 Mo. App. 370, 74 S. W. 474.
AIRE. In old Scotch law. The court of the justices itinerant, corresponding with the English eyre, (q. v.) Skene de Verb. Sign. voc. Iter.
AIRT AND PAIRT. In old Scotch crim­inal law. Accessary; contriver and partner. 1 Pitc. Crim. Tr. pt 1, p. 133; 3 How. State Tr. 601. Now written art and part, (q. v.)
AIR-WAY. In English law. A passage for the admission of air into a mine. To ma­liciously fill up, obstruct, or damage, with in­tent to destroy, obstruct, or render useless the air-way to any mine, is a felony punish­able by penal servitude or imprisonment at the discretion of the court. 24 & 25 Vict c 97, § 28.
AISIAMENTUM. In old English law. An easement. Spelman.
AISNE or EIGNE. In old English law, the eldest or first born.
AJOURNMENT. In French law. The document pursuant to which an action or suit is commenced, equivalent to the writ of summons in England. Actions, however, are in some cases commenced by requite or petition. Arg. Fr. Merc. Law, 545.
AJUAR. In Spanish law. Parapherna­lia. The jewels and furniture which a wife brings in marriage.
AJUTAGE. A tube, conical in form, intended to be applied to an aperture through which water passes, whereby the flow of the water is greatly increased. See Schuylkill Nav. Co. v. Moore, 2 Whart. (Pa.) 477.
AKIN. In old English law. Of kin. "Next-a-kin." 7 Mod. 14a
AL. L. Fr. At the; to the. Al barre; at the bar. Al huis d'esglise; at the church-door.
ALJE ECCLESLX. The wings or side aisles of a church. Blount
ALANERARIUS. A manager and keep­er of dogs for the sport of hawking; from alanus, a dog known to the ancients. A fal­coner. Blount.
ALARM LIST. The list of .persons liable to military watches, who were at the same
time exempt from trainings and musters. See Prov. Laws 1775-76, c. 10, § 18; Const Mass. c. 11, § 1, art 10; Pub. St. Mass. 1&82, p. 1287.
ALBA FIRMA. In old English law. White rent; rent payable in silver or white money, as distinguished from that which was anciently paid in corn or provisions, called black mail, or black rent Spelman; Reg. Orig. 319&.
ALBACEA. In Spanish law. An execu­tor or administrator; one who is charged with fulfilling and executing that which is directed by the testator in his testament or other last disposition. Enteric v. Alvarado, 64 Cal. 529, 2 Pac. 418, 433.
ALBANAGIUM. In old French law. The state of alienage; of being a foreigner or alien.
ALB ANUS. In old French law. A stran­ger, alien, or foreigner.
ALBINATUS. In old French law. The state or condition of an alien or foreigner.
ALBINATUS JUS. In old French law. The droit d'aubwne in France, whereby the king, at an alien's death, was entitled to all his property, unless he had peculiar exemp­tion. Repealed by the French laws in June, 1791.
ALBUM BREVE. A blank writ; a writ with a blank or omission in it
ALBUS LIBER. The white book; an ancient book containing a compilation of the law and customs of the city of London. It has lately been reprinted by order of the mas­ter of the rolls.
ALCABALA. In Spanish law. A duty of a certain per cent paid to the treasury on the sale or exchange of property.
ALCALDE. The name of a judicial of­ficer in Spain, and in those countries which have received their laws and institutions from Spain. His functions somewhat re­sembled those of mayor in small municipali­ties on the continent or justice of the peace in England and most of the United States. Castillero v. U. S., 2 Black, 17, 194, 17 L. Ed. 360.
ALCOHOLISM. In medical jurispru­dence. The pathological effect (as distin­guished from physiological effect) of excessive indulgence in intoxicating liquors. It is acute when induced by excessive potations at one time or in the course of a single debauch. An attack of delirium tremens and alcoholic homicidal mania are examples of this form. It is chronic when resulting from the long-


continued use of spirits in less quantities, as In the case of dipsomania.
ALDERMAN. A judicial or adminis­trative magistrate. Originally the word was synonymous with "elder," but was also used to designate an earl, and even a king.
In English, law. An associate. to the chief civil magistrate of a corporate town or city.
In American cities. The aldermen are generally a legislative body, having limited judicial powers as a body, as in matters of internal police regulation, laying out and re­pairing streets, constructing sewers, and the like; though in many cities they hold sepa­rate courts, and have magisterial powers to a considerable extent. Bouvier.
ALDEBMANNUS. L. Lat. An alder­man, q. v.
—Aldermannns civitatis vel burgi. Alder­man of a city or borough, from which the mod­ern office of alderman has been derived. T. Raym. 435, 437.—Aldermannns comitatns. The alderman of the county. According to Spelman, he held an office intermediate between that of an earl and a sheriff. According to oth­er authorities, he was the same as the earl. 1 BI. Comm. 116.—Aldermannns hundred! sen wapentaehii. Alderman of a hundred or wapentake. Spelman.—Aldermannns regis. Alderman of the king. So called, either be­cause he received his appointment from the king or because he gave the judgment of the king in the premises allotted to him.—^Alderman­nns totins Angliae. Alderman of all Eng­land. An officer among the Anglo-Saxons, sup­posed by Spelman to be the same with the chief justiciary of England in later times. Spelman.
ALE-CONNER. In old English law. An officer appointed by the court-leet sworn to look to the assise and goodness of ale and beer within the precincts of the leet Kitch. Courts, 46; Whishaw.
An officer appointed In every court-leet, and sworn to look to the assise of bread, ale, or beer within the precincts of that lordship. Cowell.
ALE-HOUSE. A place where ale is sold to be drunk on the premises where sold.
ALE SILVER. A rent or tribute paid annually to the lord mayor of London, by those who sell ale within the liberty of the city.
ALE-STAKE. A maypole or long stake driven into the ground, with, a sign on it for the sale of ale. Cowell.
ALEA. Lat. In the civil law. A game of chance or hazard. Dig. 11, 5, 1. See Cod. 3, 43. The chance of gain or loss in a eon-tract.
ALEATOR. Lat. (From cUea, g. v.) In the civil law. A gamester; one who plays at games of hazard. Dig. 11, 5; Cod. 3, 43.
ALEATORY CONTRACT. A mutual agreement, of which, the effects, with respect both to the advantages and losses, whether to all the parties or to some of them, depend on an uncertain event. Civil Code La. art. 2982; Moore v. Johnston, 8 La. Ann. 488; Losecco v. Gregory, 108 La. 648, 32 South. 985.
A contract, the obligation and performance of which, depend upon an uncertain event, such as insurance, engagements to pay an­nuities, and the like.
A contract is aleatory or hazardous when the performance of that which is one of its objects depends on an uncertain event. It is certain when the thing to be done is suppos­ed to depend on the will of the party, or when in the usual course of events it must happen In the manner stipulated. Civil Code La. art. 1776.
ALER A DIEU. L. Fr. In old prac­tice. To be dismissed from court; to go-quit Literally, "to go to God."
ALER SANS JOUR. In old practice, a phrase used to indicate the final dismissal of a case from court without continuance. "To go without day."
ALEU. Fr. In French feudal law. An allodial estate, as distinguished from a feudal estate or benefice.
ALFET. A cauldron into which boiling water was poured, in which a criminal plunged his arm up to the elbow, and there held it for some time, as an ordeal. Du Cange.
ALGARUM MARIS. Probably a cor­ruption of Laganum maris, lagan being a right, in the middle ages, like jetsam and flotsam, by which goods thrown from a vessel in distress became the property of the king, or the lord on whose shores they were strand­ed. Spelman; Jacob; Du Cange.
ALGO. Span. In Spanish law. Prop­erty. White, Nov. Recop. b. 1, tit. 5, c 3, § 4.
ALIA ENORMIA. Other wrongs. The name given to a general allegation of Inju­ries caused by the defendant with which the plaintiff in an action of trespass under the common-law practice concluded his declara­tion. Archb. Crim. PL 694.
ALIAMENTA. A liberty of passage, open way, water-course, etc., for the tenant's accommodation. KItchin.
ALIAS. Lat Otherwise; at another time; in another manner; formerly.
—Alias dictns. "Otherwise called." This phrase (or its shorter and more usual form, ahas,) when placed between two names in a.


pleading or other paper indicates that the same person is known by both those names. A ficti­tious name assumed by a person is colloquially termed an "alias." Ferguson v. State, 134 Ala. 63, 32 South. 760, 92 Am. St. Rep. 17; Turns v. Com., 6 Mete. (Mass.) 235; Kennedy v. People, 1 Cow. Or. Rep. (N. Y.) 119.—Alias writ. An okas writ is a second writ issued in the same cause, where a former writ of the same kind had been issued without effect In such case, the language of the second writ is, "We command you, as we have before [sictU alias] commanded you," etc. Roberts v. Church, 17 Conn. 142; Farris v. Walter, 2 Colo. App. 450, 31 Pac. 231.
ALIBI. Lat. In criminal law. Else­where; in another place. A term used to ex­press that mode of defense to a criminal prosecution, where the party accused, in or­der to prove that he could not have commit­ted the crime with which he is charged, of­fers evidence to show that he was in another place at the time; which is termed setting up an alibi. State v. McGarry, 111 Iowa, 709, 83 N. W. 718; State v. Child, 40 Kan. 482, 20 Pac. 275; State v. Powers, 72 Vt. 168, 47 Atl. 830; Peyton v. State, 54 Neb. 188, 74 N. W. 597.
ALIEN, n. A foreigner; one born abroad;
a person resident in one country, but owing allegiance to another. In England, one born out of the allegiance of the king. In the United States, one born out of the jurisdic­tion of the United States, and who has not been naturalized under their constitution and laws. 2 Kent, Comm. 50; Ex parte Dawson, 3 Bradf. Sur. (N. Y.) 136; Lynch t. Clarke,
1 Sandf. Ch. (N. Y) 668; Lyons v. State, 67
Cal. 380, 7 Pac. 763.
—Alien amy. In international law. Alien friend. An alien who is the subject or citizen of a foreign government at peace with our own. —Alien and sedition laws. Acts of con­gress of July 6 and July 14. 1798. See Whart. State Tr. 22.—Alien enemy. In international law. An alien who is the subject or citizen of some hostile state or power. See Dyer, 26; Co. Litt. 1296. A person who, by reason of owing a permanent or temporary allegiance to a hostile power, becomes, in time of war, impress­ed with the character of an enemy, and, as such, is disabled from suing in the courts of the adverse belligerent. See 1 Kent, Comm 74;
2 Id. 63; Bell v. Chapman, 10 Johns. (N. Y.)
383: Dorsey v. Brigham, 177 111 250, 52 N.
E. 3m, 42 L. R. A. 809, 69 Am. St. Rep 228.
—Alien friend. The subject of a nation with
which we a re at peace ; an alien amy.—Alien
nee. A man born an alien.
ALIEN op ALIENE. v. To transfer or make over to another; to convey or transfer the property of a thing from one person to another; to alienate. Usually applied to the transfer of lands and tenements. Co. Litt 118; Cowell.
Aliena negotia ezaeto officio gerun-tnr. The business of another is to be con­ducted with particular attention. Jones, Bailm. 83; First Nat Bank of Carlisle t. Graham, 79 Pa. 118, 21 Am. Rep. 49.
ALIENABLE. Proper to be the subject of alienation or transfer.
ALIENAGE. The condition or state of an alien.
ALIENATE. To convey; to transfer the title to property. Co. Litt. 1186. Alien is very commonly used in the same sense. 1 Washb. Real Prop. 53.
"Sell, alienate, and dispone" are the form­al words of transfer in Scotch conveyances of heritable property. Bell.
"The term alienate has a technical legal mean­ing, and any transfer of real estate, short of a conveyance of the title, is not an alienation of the estate. No matter in what form the sale may be made, unless the title is conveyed to the purchaser, the estate is not alienated." Masters v. Insurance Co., 11 Barb. (N. Y.) 630.
Alienatio licet prohibeatux, consensu tamen omnium, in quorum favorem pro-hibita est, potest fieri, et quilibet potest renunciare juri pro se introducto. Al­though alienation be prohibited, yet, by the consent of all in whose favor it is prohibited, it may take place; for it is in the power of any man to renounce a law made in his own favor. Co. Litt. 98.
Alienatio rei prsefertur juri accres-cendi. Alienation is favored by the law rather than accumulation. Co. Litt. 185.
ALIENATION. In real property law. The transfer of the property and possession of lands, tenements, or other things, from one person to another. Termes de la Ley. It is particularly applied to absolute con­veyances of real property. Conover v. Mu­tual Ins. Co., 1 N. Y. 290, 294.
The act by which the title to real estate Is voluntarily resigned by one person to an­other and accepted by the latter, in the forms prescribed by law.
The voluntary and complete transfer from one person to another, involving the com­plete and absolute exclusion, out of him who alienates, of any remaining interest or par­ticle of interest, in the thing transmitted; the complete transfer of the property and possession of lands, tenements, or other things to another. Orrell v. Bay Mfg. Co., 83 Miss. 800, 36 South. 561, 70 L. R. A. 881; Burbank v. Insurance Co., 24 N. H. 558, 57 Am. Dec. 300; United States v. Schurz, 102 U. S 378, 26 L. Ed. 167; Vining v. Willis, 40 Kan. 609, 20 Pac. 232.
In medical jurisprudence. A generic term denoting the different kinds or forms of mental aberration or derangement.
—Alienation office. In English practice. An office for the recovery of fines levied upon writs of covenant and entries.
Alienation pending a suit is void. 2 P.
Wms. 482; 2 Atk. 174; 3 Atk. 392; 11 Ves. 194; Murray v. Ballow, 1 Johns. Ch. (N. Y.) 566, 580.

ALIENEE. One to whom an alienation, conveyance, or transfer of property is made.
ALIENI GENERIS. Lat Of another kind. 3 P, Wms. 247.
ALIENI JURIS. Lat Under the con­trol, or subject to the authority, of another person; e. g., an infant who is under the au­thority of his father or guardian; a wife under the power of her husband. The term is contrasted with Suj Jubis, (g. v.)
ALIENIGENA. One of foreign birth; an alien. 7 Coke, 31.
ALIENISM. The state, condition, or character of an alien. 2 Kent, Comm. 56, 64, 69.
ALIENOR. He who makes a grant, transfer of title, conveyance, or alienation.
ALIENUS. Lat. Another's; belonging to another; the property of another. Alienus homo, another's man, or slave. Inst. 4, 3, pr. Aliena res, another's property. Bract fol. 136.
ALIMENT. In Scotch law. To main­tain, support, provide for; to provide with necessaries. As a noun, maintenance, sup­port ; an allowance from the husband's estate for the support of the wife. Paters. Comp. §§ 845, 850, 893.
ALIMENTA. Lat In the civil law. Aliments; means of support, including food, (cibaria,) clothing, (vestitus,) and habitation, (habitatio.) Dig. 34, 1, 6.
ALIMONY. The allowance made to a wife out of her husband's estate for her sup­port, either during a matrimonial suit, or at its termination, when she proves herself en­titled to a separate maintenance, and the fact of a marriage is established.
Alimony is an allowance out of the hus­band's estate, made for the support of the wife when living separate from him. It is either temporary or permanent. Code Ga. 1882, § 1736.
The allowance which is made by order of court to a woman for her support out of her husband's estate, upon being separated from him by divorce, or pending a suit for di­vorce. Pub. St. Mass. 1882, p. 1287. And see Bowman v. Worthington, 24 Ark. 522; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 694, 58 L. R. A. 471, 97 Am. St. Rep. 692; Collins v. Collins, 80 N. Y. 1; Stearns v. Stearns, 66 Vt. 187, 28 Atl. 875, 44 Am. St Rep. 836; In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St. Rep. 266; Adams v. Storey, 135 111. 448, 26 N. E. 582. 11 L B. A 790. 25 Am. St Rep. 392.
By alimony we understand what is neces-
sary for the nourishment lodging, and sup­port of the person who claims it It includes education, when the person to whom the ali­mony is due is a minor. Civil Code La. art 230.
The term is commonly used as equally ap­plicable to all allowances, whether annual or in gross, made to a wife upon a decree in divorce. Burrows v. Purple, 107 Mass. 432.
Alimony pendente lite is that ordered dur­ing the pendency of a suit
Permanent alimony. A provision for the support and maintenance of a wife out of her husband's estate, during her life time, or­dered by a court on decreeing a divorce. Odom v. Odom, 36 Ga. 320; In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St Rep. 266.
The award 6f alimony is essentially a different thing from a division of the prop­erty of the parties. Johnson v. Johnson, 57 Kan. 343, 46 Pac. 700. It is not in itself an "estate" In the technical sense, and there­fore not the separate property or estate of the wife. Cizek v. Cizek, 69 Neb. 797, 99 N. W. 28; Guenther v. Jacobs, 44 Wis. 354; Romaine v. Chauncey, 60 Hun, 477, 15 N. Y. Supp. 198; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 694, 58 L. R, A. 471, 97 Am. St. Rep. 692; Holbrook v. Comstock, 16 Gray (Mass) 109.
ALIO INTUITU. Lat. In a different view; under a different aspect 4 Rob. Adm. & Pr. 151.
With another view or object 7 East 558; 6 Maule & S. 234.
Aliquid conceditur ne injuria rema-neat impunita, quod alias non conce-deretur. Something is (will be) conceded, to prevent a wrong remaining unredressed, which otherwise would not be conceded. Co. Litt 197b.
ALIQUID POSSESSIONS ET NIHIL JURIS. Somewhat of possession, and noth­ing of right, (but no right.) A phrase used by Bracton to describe that kind of posses­sion which a person might have of a thing as a guardian, creditor, or the like; and also that kind of possession which was granted for a term of years, where nothing could be demanded but the usufruct. Bract fols. 39a, 160a.
Aliquis non debet esse judex in pro­pria causa, quia non potest esse judex et pars. A person ought not to be judge in his own cause, because he cannot act as judge and party. Co. Litt 141; 3 Bl. Comm. 59.
ALITER. Lat Otherwise. A term oft­en used in the reports.
Aliud est celare, aliud taoere. To con­ceal is one thing; to be silent is another thing. Lord Mansfield, 3 Burr. 1910.

Aliud est distinctio, alind separatio.
Distinction is one thing; separation is an­other. It Is one thing to make things dis­tinct, another thing to make them separable.
Alind est possidere, alind esse in pos­sessions. It is one thing to possess; it is another to be In possession. Hob. 163.
Alind est vendere, alind vendenti con-sentire. To sell is one thing; to consent to a sale (seller) is another thing. Dig. 50, 17, 160.
ALIUD EXAMEN. A different or for­eign mode of trial. 1 Hale, Com. Law, 38.
ALIUNDE. Lat. From another source; from elsewhere; from outside. Evidence aliunde (i. e., from without the will) may be received to explain an ambiguity in a will. 1 Greenh Ev. § 291.
ALL. Collectively, this term designates the whole number of particulars, individ­uals, or separate items; distributively, it may be equivalent to "each" or "every." State v. Maine Cent. R. Co., 66 Me. 510; Sherburne v. Sischo, 143 Mass. 442, 9 N. E. 797.
—All and singular. A comprehensive term often employed in conveyances, wills, and the like, which includes the aggregate or whole and also each of the separate items or components. MeClaskey v. Barr (C. C.) 54 Fed. 798—AU faults. A sale of goods with "all faults" cov­ers, in the absence of fraud on the part of the vendor, all such faults and defects as are not inconsistent with the identity of the goods as the goods described. Whitney v. Boardman, 118 Mass. 242.—All fours. Two cases or decisions which are alike in all material respects, and precisely similar in all the circumstances af­fecting their determination, are said to be or to run on "all fours."—All the estate. The name given in England to the short clause in a conveyance or other assurance which purports to convey "all the estate, right, title, interest, claim, and demand" of the grantor, lessor, etc., in the property dealt with. Dav. Conv. 93.
Allegans contraria non est audiendus.
One alleging contrary or contradictory things (whose statements contradict each other) is not to be heard. 4 Inst. 279. Ap­plied to the statements of a witness.
Allegans snant turpitudinem non est audiendus. One who alleges his own in­famy is not to be heard. 4 Inst 279.
Allegari non debuit qnod probatum non relevat. That ought not to be alleged which, if proved, is not relevant. 1 Ch. Cas. 45.
ALLEGATA. In Roman law. A word which the emperors formerly signed at the bottom of their rescripts and constitutions; under other instruments they usually wrote signaia or testata. Enc. Lond.
Things alleged and proved. The allegations made by a party to a suit, and the proof ad­duced in their support
Allegatio contra factum non est ad-mittenda. An allegation contrary to the deed (or fact) is not admissible.
ALLEGATION. The assertion, declara­tion, or statement of a party to an action, made in a pleading, setting out what he ex­pects to prove.
A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient Code Civil Proc. Cal. § 463.
In ecclesiastical law. The statement of the facts intended to be relied on in support of the contested suit.
In English ecclesiastical practice the word seems to designate the pleading as a whole; the three pleadings are known as the allega­tions ; and the defendant's plea is distin­guished as the defensive, or sometimes the responsive, allegation, and the complainant's reply as the rejoining allegation.
—Allegation of faculties. A statement made by the wife of the property of her hus­band, in order to her obtaining alimony. See Faculties.
ALLEGE. To state, recite, assert, or charge; to make an allegation.
ALLEGED. Stated; recited; claimed; asserted; charged.
ALLEGIANCE. By allegiance Is meant the obligation of fidelity and obedience which the individual owes to the govern­ment under which he lives, or to his sover­eign in return for the protection he receives. It may be an absolute and permanent obliga­tion, or it may be a qualified and temporary one. The citizen or subject owes an abso­lute and permanent allegiance to his govern­ment or sovereign, or at least until, by some open and distinct act, he renounces it and becomes a citizen or subject of another gov­ernment or another sovereign. The alien, while domiciled in the country, owes a lo­cal and temporary allegiance, which con­tinues during the period of his residence. Carlisle v. U. S., 16 Wall. 154, 21 L. Ed. 426; Jackson v. Goodell, 20 Johns. (N. Y.) 191; U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct 456, 42 L. Ed. 890; Wallace v. Harmstad, 44 Pa. 501.
"The tie or ligamen which binds the sub­ject [or citizen] to the king [or government in return for that protection which the king [or government] affords the subject, [or citi­zen."] 1 Bl. Comm. 366. It consists in "a true and faithful obedience of the subject due to his sovereign." 7 Coke, 46.


Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. Pol. Code Cal. § 55.
In Norman French. Alleviation; relief; redress. Kelham.
—Local allegiance. That measure of obedi­ence which is due from a subject of one govern­ment to another government, within whose te»-ritory he is temporarily resident.—Natural al­legiance. In English law. That kind of al­legiance which is due from all men born within the king's dominions, immediately upon their birth, which is intrinsic and perpetual, and can­not be divested by any act of their own. 1 Bl. Comm. 369; 2 Kent, Oomni. 42. In American law. The allegiance due from citizens of the United States to their rrative country, and also from naturalized citizens, and which cannot be renounced without the permission of govern­ment, to be declared by law. 2 Kent, Comm. 43—49. It differs from local allegiance, which is temporary only, being due from an alien or stranger born for so long a time as he continues within the sovereign's dominions and protection. Fost. Cr. Law, 184.
ALLEGIARE. To defend and clear one's self; to wage one's own law.
ALLEGING DIMINUTION. The alle­gation in an appellate court, of some error in a subordinate part of the nisi prim rec­ord.
ALLEVIARE. L. Lat In old records. To levy or pay an accustomed fine or compo­sition ; to redeem by such payment. Cowell.
ALLIANCE. The relation or union be­tween persons or families contracted by in­termarriage.
In international law. A union or asso­ciation of two or more states or nations, formed by league or treaty, for the joint prosecution of a war, or for their mutual as­sistance and protection in repelling hostile attacks. The league or treaty by which the association is formed. The act of confed­erating, by league or treaty, for the purposes mentioned.
If the alliance is formed for the purpose of mutual aid in the prosecution of a war against a common enemy, it is called an "offensive" alliance. If it contemplates only the rendi­tion of aid and protection in resisting the as­sault of a hostile power, it is called a "de­fensive" alliance. If it combines both these features, it is denominated an alliance "of­fensive and defensive."
ALLISION. The running of one vessel into or against another, as distinguished from a collision, i. e., the running of two vessels against each other.
ALLOCATION. An allowance made up­on an account in the English exchequer. Cowell.
English practice. A writ for allowing to an accountant such sums of money as he hath lawfully expended in his office; directed to
the lord treasurer and barons of the ex­chequer upon application made. Jacob.
ALLOCATO COMITATU. In old Eng­lish practice. In proceedings in outlawry, when there were but two county courts holden between the delivery of the writ of exigi facias to the sheriff and its return, a special exigi facias, with an allocato com-itatu issued to the sheriff in order to com­plete the proceedings. See Exigent.
ALLOCATUR. Lat It is allowed. A word formerly used to denote that a writ or order was allowed.
A word denoting the allowance by a mas­ter or prothonotary of a bill referred for his consideration, whether touching costs, dam­ages, or matter of account. Lee.
—Special allocatur. The special allowance of a writ (particularly a writ of error) which is required in some particular cases.
ALLOCATUR EXIGENT. A species of writ anciently Issued in outlawry proceed­ings, on the return of the original writ of exigent 1 Tidd, Pr. 128.
ALLOCUTION. See Allocutus.
ALLOCUTUS. In criminal procedure, when a prisoner is convicted on a trial for treason or felony, the court is bound to de­mand of him what he has to say as to why the court should not proceed to judgment against him; this demand is called the "aV-locutus," or "allocution," and is entered on the record. Archb. Crim. PI. 173; State y. Ball, 27 Mo. 324.
ALLODARH. Owners of allodial lands. Owners of estates as large as a subject may have. Co. Litt. 1; Bac. Abr. "Tenure," A.
ALLODIAL. Free; not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feud­al. Barker v. Dayton, 28 Wis. 384; Wallace v. Harmstad, 44 Pa. 499.
ALLODIUM. Land held absolutely in one's own right, and not of any lord or su­perior; land not subject to feudal duties or burdens.
An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof. 1 Washb. Real Prop. 16. McCartee v. Orphan Asylum, 9 Cow. (N. Y.) 511, 18 Am. Dec. 516.
ALLOGRAPH. A document not written by any of the parties thereto; opposed to autograph.
ALLONGE. When the indorsements on a bill or note have filled all the blank space, it is customary to annex a strip of paper, called an "allonge," to receive the further

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Indorsements. Fountain v. Bookstaver, 141 111. 461, 31 N. E. 17; Haug v. Riley, 101 Ga. 372, 29 S. E. 44, 40 L. R. A. 244; Bishop v. Chase, 156 Mo. 158, 56 S. W. 1080, 79 Am. St Rep. 515.
ALLOT. To apportion, distribute; to di­vide property previously held in common among those entitled, assigning to each his ratable portion, to be held in severalty; to set apart specific property, a share of a fund, etc., to a distinct party. Glenn v. Glenn, 41 Ala. 582; Fort v. Allen, 110 N. G. 183, 14 S. E. 685.
In the law of corporations, to allot shares, debentures, etc., Is to appropriate them to the applicants or persons who have applied for them; this is generally done by sending to each applicant a letter of allotment, in­forming him that a certain number of shares have been allotted to him. Sweet.
ALLOTMENT. Partition, apportion­ment, division; the distribution of land un­der an inclosure act, or shares in a public undertaking or corporation.
—Allotment note. In English law. A writ­ing by a seaman, whereby he makes an assign­ment of part of his wages in favor of his wife, father or mother, grandfather or grandmother, brother or sister. Every allotment note must be in a form sanctioned by the board of trade. The allottee, that is, the person in whose favor it is made, may recover the amount in the coun­ty court. Mozley & Whitley.—Allotment sys­tem. Designates the practice of dividing land in small portions for cultivation by agricultural laborers and other cottagers at their leisure, and after they have performed their ordinary day's work. Wharton.—Allotment warden. By the English general inclosure act, 1845, § 108, when an allotment for the laboring poor of a district has been made on an inclosure under the act, the land so allotted is to be under the management of the incumbent and church war­den of the parish, and two other persons elect­ed by the parish, and they are to be styled "the allotment wardens" of the parish. Sweet.
ALLOTTEE. One to whom an allotment Is made, who receives a ratable share under an allotment; a person to whom land under an inclosure act or shares in a public under­taking are allotted.
ALLOW. To grant, approve, or permit; as to allow an appeal or a marriage; to allow an account. Also to give a fit portion out of a larger property or fund. Thurman v. Adams, 82 Miss. 204, 33 South. 944; Cham­berlain v. Putnam, 10 S. D. 360, 73 N. W. 201; People v. Gilroy, 82 Hun, 500, 31 N. Y. Supp. 776; Hinds v. Marmolejo, 60 Cal. 231; Straus v. Wanamaker, 175 Pa. 213, 34 Atl. 652.
ALLOWANCE. A deduction, an average payment, a portion assigned or allowed; the act of allowing.
-—Allowance pendente lite. In the English chancery division, where property which forms the subject of proceedings is more than suffi-
cient to answer all claims in the proceedings, the court may allow to the parties interest­ed the whole or part of the income, or (in the case of personalty) part of the property it­self. St. 15 & 16 Vict. c. 86, § 57; Daniell, Ch. Pr. 1070.—Special allowances. In Eng­lish practice. In taxing the costs of an action as between party and party, the taxing officer is, in certain cases, empowered to make special al­lowances ; i. e., to allow the party costs which the ordinary scale does not warrant. Sweet.
ALLOT. An inferior or cheaper metal mixed with gold or silver in manufacturing or coining. As respects coining, the amount of alloy is fixed by law, and is used to in­crease the hardness and durability of the coin.
ALLOYNOUR. L. Fr. One who con­ceals, steals, or carries off a thing privately. Britt c 17.
ALLUVIO MARIS. Lat. In the civil and old English law. The washing up of the sea; formation of soil or land trom' the sea; maritime increase. Hale, Anal. § 8. "Alluvio maris is an increase of the land ad­joining, by the projection of the sea, casting up and adding sand and slubb to the adjoin­ing land, whereby it is increased, and for the most part by insensible degrees." Hale, de Jure Mar. pt. 1, c 6.
ALLUVION. That increase of the earth on a shore or bank of a river, or to the shore of the sea, by the force of the water, as by a current or by waves, which is so gradual that no one can judge how much is added at each moment of time. Inst. 1, 2, t 1, § 20. Ang. Water Courses, 53. Jefferis v. East Omaha Land Co., 134 U. & 178, 10 Sup. Ct 518, 33 L. Ed. 872; Freeland v. Pennsylvania R» Co., 197 Pa. 529, 47 Atl. 745, 58 L. R, A. 206, 80 Am. St. Rep. 850.
The term is chiefly used to signify a grad­ual increase of the shore of a running stream, produced by deposits from the waters.
By the common law, alluvion is the addi­tion made to land by the washing of the sea, or a navigable river or other stream, when­ever the increase is so gradual that it cannot be perceived in any one moment of time. Lovingston v. St Clair County, 64 111. 58, 16 Am. Rep. 516.
Alluvion differs from avulsion in this: that the latter is sudden and perceptible. St. Clair County v. Lovingston, 23 Wall. 46, 23 L. Ed. 59. See Avulsion.
ALLY. A nation which has entered into an alliance with another nation. 1 Kent Comm. 69.
A citizen or subject of one of two or more allied nations.
ALMANAC. A publication, in which is recounted the days of the week, month, and year, both common and particular, distin­guishing the fasts, feasts, terms, etc., from


the common days by proper marks, pointing out also the several changes of the moon, tides, eclipses, etc
ALMESFEOH. In Saxon law. Alms-fee; alms-money. Otherwise called "Peterpence." Cowell.
ALMOIN. Alms; a tenure of lands by divine service. See Frankalmoign.
ALMOXARIFAZGO. In Spanish law. A general term, signifying both export and import duties, as well as excise.
ALMS. Charitable donations. Any spe­cies of relief bestowed upon the poor. That which is given by public authority for the re­lief of the poor.
ALNAGER, or ULNAGER. A sworn of­ficer of the king whose duty it was to look to the assise of woolen cloth made through­out the land, and to the putting on the seals for that purpose ordained, for which he collected a duty called "alnage." Cowell; Termes de la Ley.
ALNETUM. In old records, a place where alders grow, or a grove of alder trees. Doomsday Book; Co. Litt. 4b.
ALODE, Alodes, Alodis. L. Lat. In feu­dal law. Old forms of alodium, or allodium, (q. v.)
ALONG. This term means "by," "on," or "over," according to the subject-matter and the context Pratt v. Railroad Co., 42 Me. 585; Walton v. Railway Co., 67 Mo. 58; Church v. Meeker, 34 Conn. 421.
ALT. In Scotch practice. An abbrevia­tion of Alter, the other; the opposite party; the defender. 1 Broun, 336, note.
ALTA PRODITIO. L. Lat. In old Eng­lish law. High treason. 4 Bl. Comm. 75. See High Tbeason.
ALTA VIA. L. Lat. In old English law. A highway; the highway. 1 Salk. 222. Alta via regia; the king's highway; "the king's high street." Finch, Law, b. 2, c. 9.
ALTARAGE. In ecclesiastical law. Of­ferings made on the altar; all profits which accrue to the priest by means of the altar. Ayliffe, Parerg. 61.
ALTER. To make a change In; to modi­fy ; to vary in some degree; to change some of the elements or ingredients or details with­out substituting an entirely new thing or de­stroying the identity of the thing affected. Hannibal v. Winchell. 54 Mo. 177; Haynes v. State, 15 Ohio St. 455; Davis v. Campbell,
93 Iowa, 524, 61 N. W. 1053; Sessions v. State, 115 Ga. 18, 41 S. B. 259. See Altera­tion.
Synonyms. This term is to be distinguished from its synonyms "change" and "amend." To change may import the substitution of an en­tirely different thing, while to alter is to oper­ate upon a subject-matter which continues ob­jectively the same while modified in some par­ticular. If a check is raised, in respect to its amount, it is altered; if a new check is put in its place, it is changed. To "amend" implies that the modification made in the subject im­proves it, which is not necessarily the case with an alteration. An amendment always involves an alteration, but an alteration does not al­ways amend.
ALTERATION. Variation; changing; making different. See Alteb.
An alteration is an act done upon the in­strument by which its meaning or language is changed. If what is written upon or eras­ed from the instrument has no tendency to produce this result, or "to mislead any person, it is not an alteration. Oliver y. Hawley, 5 Neb. 444.
An alteration is said to be material when it affects, or may possibly affect, the rights of the persons interested in the document.
Synonyms. An act done upon a written in­strument, which, without destroying the identi­ty of the document, introduces some change in­to its terms, meaning, language, or details is an alteration. This may be done either by the mutual agreement of the parties concerned, or by a person interested under the writing with­out the consent, or without the knowledge, of the others. In either case it is properly denom­inated an alteration; but if performed by a mere stranger, it is more technically described as a spoliation or mutilation. Cochran v. Ne-beker, 48 Ind. 462. The term is not properly applied to any change which involves the sub­stitution of a practically new document. And it should in strictness be reserved for the desig­nation of changes in form or language, and not used with reference to modifications in matters of substance. The term is also to be distin­guished from "defacement," which conveys the idea of an obliteration or destruction of marks, signs, or characters already existing. An addi­tion which does not change or interfere with the existing marks or signs, but gives a different tenor or significance to the whole, may be an alteration, but is not a defacement. Lmney v. State, 6 Tex. 1, 55 Am. Dec. 756. Again, in the law of wills, there is a difference between revo­cation and alteration. If what is done simply takes away what was given before, or a part of it, it is a revocation ; but if it gives something in addition or in substitution, then it is an al­teration. Appeal of Miles, 68 Conn. 237, 36 Atl. 39, 36 L. R. A. 176.
Altering circnmventio alii non prse-bet actionem. The deceiving of one person does not afford an action to another. Dig. 50, 17, 49.
ALTERNAT. A usage among diploma­tists ,by which the rank and places of differ­ent powers, who have the same right and pretensions to precedence, are changed from time to time, either in a certain regular order or one determined by lot. In drawing up treaties and conventions, for example, it Is


the usage of certain powers to alternate, both in the preamble and the signatures, so that each power occupies, in the copy intended to be delivered to it, the first place. Wheat. Int Law, § 157.
ALTERNATIM. L. Lat. Interchange­ably. Litt § 371; Townsh. PL 37.
Alteraativa petitio non est andienda.
An alternative petition or demand is not to be heard. 5 Coke, 40.
ALTERNATIVE. One or the other of two things; giving an option or choice; al­lowing a choice between two or more things or acts to be done.
—Alternative contract. A contract whose terms allow of performance by the doing of ei­ther one of several acts at the election of the party from whom performance is due. Crane v. Peer, 43 N/J. Bq. 553, 4 Atl. 72.—Alterna­tive obligation. An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will sat­isfy the instrument. Where the things which form the object of the contract are separated by a disjunctive, then the obligation is alternar ttve. A promise to deliver a certain thing or to pay a specified sum of money, is an example of this kind of obligation. Civil Code La. art. 2066.—Alternative remedy. Where a new remedy is created in, addition to an existing one, they are called "alternative" if only one can be enforced ; but if both, "cumulative."— Alternative writ. A writ commanding the person against whom it is issued to do a speci­fied thing, or show cause to the court why he should not be compelled to do it. Allee v. Mc­Coy, 2 Marv. (Del.) 465, 36 Atl. 359.
ALTERNIS VICIBUS. L. Lat. By al­ternate turns; at alternate times ; alternate­ly. Co Litt. 4a; Shep. Touch. 206.
ALTERUM NON LJBDERE. Not to in­jure another. This maxim, and two others, honeste vivere, and suum cutque tribuere, (q. v.,) are considered by Justinian as fund­amental principles upon which all the rules of law are based. Inst 1, 1, 3.
ALTIUS NON TOLLENDI. In the civil law. A servitude due by the owner of a house, by which he is restrained from build­ing beyond a certain height. Dig 8, 2, 4; Sandars, Just. Inst. 119.
ALTIUS TOLLENDI. In the civil law. A servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, however, every one enjoys this privilege, un­less he is restrained by some contrary title. Sandars, Just. Inst 119.
ALTO ET BASSO. High and low. This phrase is applied to an agreement made be­tween two contending parties to submit all matters in dispute, alto et basso, to arbitra­tion. OowelL
ALTUM MARE. L. Lat In old English law. The high sea, or seas. Co. Litt 260&. The deep sea. Super altum mare, on the high seas. Hob. 2120.
ALUMNUS. A child which one has nurs­ed ; a foster-child. Dig. 40, 2, 14. One edu­cated at a college or seminary is called an "alumnus" thereof.
ALVEUS. The bed or channel through which the stream flows when it runs within its ordinary channel. Calvin.
Alveus derelictus, a deserted channel. Mackeld. Rom. Law, § 274.
AMALGAMATION. A term applied in England to the merger or consolidation of two incorporated companies or societies.
In the case of the Empire Assurance Corpora­tion, (1867,) L. R. 4 Eq. 347, the vice-chancel­lor said: "It is difficult to say what the word 'amalgamate' means. I confess at this moment I have not the least conception of what the full legal effect of the word is. We do not find it in any law dictionary, or expounded by any competent authority. But I am quite sure of this: that the word 'amalgamate' cannot mean that the execution of a deed shall make a man a partner in a firm in which he was not a part­ner before, under conditions of which he is in no way cognizant, and which are not the same as those contained in the former deed." But in Adams v. Yazoo & M. V. R. Co., 77 Miss. 194, 24 South. 200, 211, 60 L. R. A. 33, it is said that the term "amalgamation" of corporations is used in the English cases m the sense of what is usually known in the United States as "mer­ger," meaning the absorption of one corpora­tion by another, so that it is the absorbing cor­poration which continues in existence; and it differs from "consolidation,'' the meaning of which is limited to such a union of two or more corporations as necessarily results in the crea­tion of a third new corporation.
AMALPHITAN CODE. A collection of sea-laws, compiled about the end of the eleventh century, by the people of Amalphi. It consists of the laws on maritime subjects, which were or had been in force in countries bordering on the Mediterranean; and was for a long time received as authority in those countries. Azuni; s Wharton.
AMANUENSIS. One who writes on be­half of another that which he dictates.
AMBACTUS. A messenger; a servant sent about; one whose services his master hired out. Spelman.
AMBASCIATOR. A person sent about in the service of another; a person sent on a service. A word of frequent occurrence in the writers of the middle ages. Spelman.
AMBASSADOR. In international law. A public officer, clothed with high diplomatic powers, commissioned by a sovereign prince or state to transact the international busi­ness of his government at the court of the country to which he is sent


Ambassador is the commissioner who rep­resents one country in the seat of govern­ment of another. He is a public minister, which, usually, a consul is not. Brown.
Ambassador is a person sent by one sover­eign to another, with authority, by letters of credence, to treat on affairs of state. Ja­cob.
AMBER, or AMBRA. In old English law. A measure of four bushels.
AMBIDEXTER. Skillful with both hands; one who plays on both sides. Ap­plied anciently to an attorney who took pay from both sides, and subsequently to a juror guilty of the same offense. Cowell.
Ambigua responsio contra proferen­tem est accipienda. An ambiguous an­swer is to be taken against (is not to be con­strued in favor of) him who offers it. 10 Coke, 59.
Ambiguis casibus semper prsesumituv pro rege. In doubtful cases, the presump­tion always is in behalf of the crown. Lofftf Append. 248.
AMBIGUITAS. Lat From ambiguus, doubtful, uncertain, obscure. Ambiguity; uncertainty of meaning.
Ambiguitas latens, a latent ambiguity; ambiguitas patens, a patent ambiguity. See Ambiguity.
Ambiguitas veborum latens verifl-eatione suppletnr; nam quod ex facto oritur ambignnm verificatione facti tol-litur. A latent ambiguity in the language may be removed by evidence; for whatever ambiguity arises from an extrinsic fact may be explained by extrinsic evidence. Bac. Max. Reg. 28%
Ambignitas verbornm patens nulla verificatione exduditur. A patent am­biguity cannot be cleared up by extrinsic evi­dence. Lofft, 249.
AMBIGUITY*. Doubtfulness; doubleness of meaning; indistinctness or uncertainty of meaning of an expression used in a written instrument. Nindle v. State Bank, 13 Neb. 245, 13 N. W. 275; Ellmaker v. Ellmaker, 4 Watts (Pa.) 89; Kraner v. Halsey, 82 Cal. 209, 22 Pac. 1137; Ward v. Epsy, 6 Humph. (Tenn.) 447.
An ambiguity may be either latent or patent. It .*s the former, where the language employed is clear and intelligible and sug­gests but a single meaning, but some ex­trinsic fact or extraneous evidence creates a necessity' for interpretation or a choice among two or more possible meanings. But a patent ambiguity is that which appears on the face of the instrument, and arises from
the defective, obscure, or insensible language tised. Carter v. Holman, 60 Mo. 504; Brown v. Guice, 46 Miss. 302; Stokeley v. Gordon, 8 Md. 505; Chambers v. Ringstaff, 69 Ala. 140; Hawkins v. Garland, 76 Va. 152, 44 Am. Rep. 158; Hand v. Hoffman, 8 N. J. Law, 71; Ives v. Kimball, 1 Mich. 313; Palmer v. Albee, 50 Iowa, 431; Petrie v. Hamilton Col­lege, 158 N. Y. 458, 53 N. E. 216.
Synonyms. Ambiguity of language is to be distinguished from unintelligibility and inaccu­racy, for words cannot be said to be ambiguous unless their signification seems doubtful and un­certain to persons of competent skill and knowl­edge to understand them. Story, Contr 272.
The term "ambiguity" does not include mere inaccuracy, or such uncertainty as arises from the use of peculiar words, or of common words in a peculiar sense. Wig. Wills, 174. —Ambiguity upon the factum. An am­biguity in relation to the very foundation of the instrument itself, as distinguished from an ambiguity in regard to the construction of its terms. The term is applied, for instance, to a doubt as to whether a testator meant a particu­lar clause to be a part of the will, or whether it was introduced with his knowledge, or wheth­er a codicil was meant to republish a former will, or whether the residuary clause was ac­cidentally omitted. Eatherly v. Eatherly, i Cold. (Tenn.) 461, 465, 78 Am. Dec. 499.
Ambignnm pactum contra venditorem interpretandum est. An ambiguous con­tract is to be interpreted against the seller.
Ambignnm placitnm interpretari de­bet contra proferentem. An ambiguous plea ought to be interpreted against the party pleading it Co. Litt. 303&.
AMBIT. A boundary line, as going around a place; an exterior or inclosing line or limit.
The limits or circumference of a power or Jurisdiction; the line circumscribing any sub­ject-matter.
AMBITUS. In the Roman law. A going around; a path worn by going around. A space of at least two and a half feet in width, between neighboring houses, left for the con­venience of going around them. Calvin.
The procuring of a public office by money or gifts; the unlawful buying and selling of a public office. Inst 4, 18, 11; Dig. 48, 14.
Ambulatoria est voluntas defunc^i usque ad vitse supremum exitum. The
will of a deceased person is ambulatory until the latest moment of life. Dig. 34, 4, 4.
AMBUXATORY. Movable; revocable; subject to change.
Ambulatoria voluntas (a changeable will) denotes the power which a testator possesses of altering his will during his life-time. Hattersley v. Bissett, 50 N. J. Eq. 577, 25 Atl. 332.
The court of king's bench in England was formerly called an "ambulatory court," be­cause it followed the king's person, and was


held sometimes in one place and sometimes in another. So, in France, the supreme court or parliament was originally ambulatory. 3 Bl. Comm. 38, 39, 41.
The return of a sheriff has been said to be ambulatory until it is filed. Wilmot, J., 3 Burr. 1644.
AMBUSH. The noun "ambush" means (1) the act of attacking an enemy unexpect­edly from a concealed station; (2) a conceal­ed station, where troops or enemies lie in wait to attack by surprise, an ambuscade; (3) troops posted in a concealed place for at­tacking by surprise. The verb "ambush" means to lie' in wait, to surprise, to place in ambush. Dale County v. Gunter, 46 Ala. 142.
AMELIORATIONS. Betterments; im­provements. 6 Low. Can. 294; 9 Id. 503.
AMENABLE. Subject to answer to the Jaw; accountable; responsible; liable to pun­ishment. Miller v. Com., 1 Duv. (Ky.) 17.
Also means tractable, that may be easily led or governed: formerly applied to a wife who is governable by her husband. Cowell.
AMEND. To improve; to make better by change or modification. See Alter.
AMENDE HONORABLE. In old Eng­lish law. A penalty imposed upon a person by way of disgrace or infamy, as a punish­ment for any offense, or for the purpose of making reparation for any injury done to an­other, as the walking into church in a white sheet, with a rope about the neck and a torch in the hand, and begging the pardon of God, or the king, or any private individual, for some delinquency. Bouvier.
In French law. A species of punish­ment to which offenders against public de­cency or morality were anciently condemned.
AMENDMENT. In practice. The cor­rection of an error committed in any pro­cess, pleading, or proceeding at law, or in eq­uity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pend­ing. 3 Bl. Comm. 407, 448; 1 Tidd, Pr. 696. Hardin v. Boyd, 113 U. S. 756, 5 Sup. Ct 771, 28 L. Ed. 1141.
Any writing made or proposed as an im­provement of some principal writing.
In legislation. A modification or altera­tion proposed to be made in a bill on its Das-sage, or an enacted law; also such modifica­tion or change when made. Brake v. Calli-Bon (C. C) 122 Fed. 722.
AMENDS. A satisfaction given by a wrong-doer to the party injured, for a wrong committed. 1 Lil. Reg. 81. Bl.Law Dict.(2d Ed.)—5
AMENITY. In real property law. Such circumstances, In regard to situation, out­look, access to a water-course, or the like, as enhance the pleasantness or desirability of an estate for purposes of residence, or con­tribute to the pleasure and enjoyment of the occupants, rather than to their indispensable needs. In England, upon the building of a railway or the construction of other public works, "amenity damages" may be given for the defacement of pleasure grounds, the im­pairment of riparian rights, or other destruc­tion of or injury to the amenities of the es­tate.
In the law of easements, an "amenity" con­sists in restraining the owner from doing that with and on his property which, but for the grant or covenant, he might lawfully have done; sometimes called a "negative easement" as distinguished from that class of easements which compel the owner to suf­fer something to be done on his property by another. Equitable Life Assur. Soc. v. Bren-nan (Sup.) 24 N. Y. Supp. 788.
AMENTIA. In medical jurisprudence. Insanity; idiocy. See Insanity.
AMERALIUS. L. Lat A naval com­mander, under the eastern Roman empire, but not of the highest rank; the origin, ac­cording to Spelman, of the modern title and office of admiral. Spelman.
AMERCE. To impose an amercement or fine; to punish by a fine or penalty.
AMERCEMENT. A pecuniary penalty, in the nature of a fine, imposed upon a per­son for some fault or misconduct, he being "in mercy" for his offense. It was assessed by the peers of the delinquent, or the af-feerors, or imposed arbitrarily at the discre­tion of the court or the lord. Goodyear v. Sawyer (C. C.) 17 Fed. 9.
The difference between amercements and ftnes is as follows: The latter are certain, and are created by some statute; they can only be imposed and assessed by courts of record; the former are arbitrarily imposed by courts not of record, as courts-leet. Termes de la Ley, 40.
The word "amercement" has long been es­pecially used of a mulct or penalty, imposed by a court upon its own officers for neglect of duty, of failure to pay over moneys collected. In particular, the remedy against a sheriff for failing to levy an execution or make re­turn of proceeds of sale is, in several of the states, known as "amercement." In others, the same result is reached by process of at­tachment Abbott Stansbury v. Mfg. Co., 5 N. J. Law, 441.
AMERICAN CLAUSE. In marine in­surance. A proviso in a policy to the effect that, in case of any subsequent insurance,


the insurer shall nevertheless be answerable for the full extent of the sum subscribed by him, without right to claim contribution from subsequent underwriters. American Ins. Co. v. Griswold, 14 Wend. (N. Y.) 399.
AMEUBLISSEMENT. In French law. A species of agreement which by a fiction gives to immovable goods the quality of mov­able. Merl. Repert; 1 Low. Can. 25, 58.
AMI; AMY. A friend; as alien ami, an alien belonging to a nation at peace with us; prochein ami, a next friend suing or defend­ing for an infant, married woman, etc.
AMICABLE. Friendly; mutually for­bearing; agreed or assented to by parties having conflicting interests or a dispute; as opposed to hostile or adversary.
—Amicable action. In practice. An action between friendly parties. An action brought and carried on by the mutual consent and ar­rangement of the parties, in order to obtain the judgment of the court on a doubtful question of law, the facts being usually settled by agree­ment. Lord v. Veazie, 8 How. 251, 12 L. Ed. 1067.—Amicable compounders. In Louisi­ana law and practice. "There are two sorts of arbitrators,—the arbitrators properly so called, and the amicable compounders. The arbitrators ought to determine as judges, agreeably to the strictness of law. Amicable compounders are authorized to abate something of the strictness of the law in favor of natural equity. Amicable compounders are in other respects subject to the same rules which are provided for the arbi­trators by the present title." Civ. Code La. arts. 3109, 3110.—Amicable suit. The words "arbitration" and "amicable lawsuit," used in an obligation or agreement between parties, are not convertible terms. The former carries with it the idea of settlement by disinterested third parties, and the latter by a friendly submission of the points in dispute to a judicial tribunal to be determined in accordance with the forms of law. Thompson v. Moulton, 20 La. Ann. 535.
AMICUS CURIiE. Lat. A friend of the court. A by-stander (usually a counsel­lor) who interposes and volunteers informa­tion upon some matter of law in regard to which the judge is doubtful or mistaken, or upon a matter of which the court may take judicial cognizance. Counsel in court fre­quently act in this capacity when they hap­pen to be in possession of a case which the judge has not seen, or does not at the mo­ment remember. Taft v. Northern Transp. Co., 56 N. H. 416; Birmingham Loan, etc., Co. r. Bank, 100 Ala. 249, 13 South. 945, 46 Am. St. Rep. 45; In re Columbia Real Es­tate Co. (D. C.) 101 Fed. 970.
It is also applied to persons who have no right to appear in a suit, but are allowed to introduce evidence to protect their own in­terests. Bass v. Fontleroy, 11 Tex. 699, 701, 702.
AMIRAL. Fr. In French maritime law. Admiral. Ord. de la Mar. liv. 1, tit 1, § 1.
AMITA. Lat A paternal aunt An aunt on the father's side. Amita magna.
A great-aunt on the father's side. Amita major. A great-great aunt on the father's side. Amita maxima. A great-great-great aunt, or a great-great-grandfather's sister. Calvin.
AMITINUS. The child of a brother or sister; a cousin; one who has the same grandfather, but different father and mother. Calvin.
AMITTERE. Lat In the civil and old English law. To lose. Hence the old Scotch "amitt"
—Amittere curiam. To lose the court; to be deprived of the privilege of attending the court.—Amittere legem terrse. To lose the protection afforded by the law of the land.— Amittere liberam legem. To lose one's frank-law. A term having the same meaning as amittere legem terra, (q. v.) He who lost his law lost the protection extended by the law to a freeman, and became subject to the same law as thralls or serfs attached to the land.
AMNESTY. A sovereign act of pardon and oblivion for past acts, granted by a gov­ernment to all persons (or to certain per­sons) who have been guilty of crime or de­lict, generally political offenses,—treason, sedition, rebellion,—and often conditioned upon their return to obedience and duty within a prescribed time.
A declaration of the person or persons who have newly acquired or recovered the sov­ereign power in a state, by which they par­don all persons who composed, supported, or obeyed the government which has been overthrown.
The word "amnesty" properly belongs to in­ternational law, and is applied to treaties of peace following a state' of war, and signifies there the burial in oblivion of the particular cause of strife, so that that shall not be again a cause for war between the parties; and this signification of "amnesty" is fully and poetical­ly expressed in the Indian custom of burying the hatchet. And so amnesty is applied xto re­bellions which by their magnitude are brought within the rules of international law, and in which multitudes of men are the subjects of the clemency of the government. But in these_ cas­es, and in all cases, it mean1* only "oblivion." and never expresses or implies a grant. Knote v. United States, 10 Ct. CI. 407.
"Amnesty" and "pardon" are very different The former is an act of the sovereign power, the object of which is to efface and to cause to be forgotten a crime or misdemeanor; the latter is an act of the same authority, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Bouvier; United States y. Bassett, 5 Utah, 131, 13 Pac. 237; Davies v. McKeeby, 5 Nev. 373; State v. Blalock, 61 N. C. 247; Knote v. United States, 95 U. S. 149, 152, 24 L. Ed. 442.
AMONG. Intermingled with. "A thing which is among others is intermingled with them. Commerce among the states cannot stop at the external boundary line of each state, but may be introduced into the in­terior." Gibbons v. Ogden, 9 Wheat 194, 6 L. Ed. 23.
Where property is directed by will to be


distributed among several persons, It cannot be all given to one. nor can any of the per­sons be wholly excluded from the distribu­tion. Hudson v. Hudson, 6 Munf. (Va.) 352.
AMORTIZATION. An alienation of lands or tenements in mortmain. The re­duction of the property of lands or tene­ments to mortmain.
In its modern sense, amortization Is the operation of paying off bonds, stock, or other indebtedness of a state or corporation. Sweet.
AMORTIZE. To alien lands in mort­main.
AMOTIO. In the civil law. A moving or taking away. "The slightest amotio is sufficient to constitute theft, if the animus furandi be clearly established." 1 Swlnt 205,
AMOTION. A putting or turning out; dispossession of lands. Ouster is an amo­tion of possession. 3 Bl. Comm. 199, 208.
A moving or carrying away; the wrongful taking of personal chattels. Archb. Civil PI. Introd. c. 2, § 3.
In corporation law. The act of remov­ing an officer, or official representative, of a corporation from his office or official station, before the end of the term for which he was elected or appointed, but without de­priving him of membership in the body cor­porate. In this last respect the term differs from "disfranchisement," (or expulsion,) which Imports the removal of the party from the corporation itself, and his deprivation of all rights of membership. White v. Brown-ell, 2 Daly (N. Y.) 356; Richards v. Clarks­burg, 30 W. Va. 491, 4 S. B. 774.
AMOUNT. The effect, substance, or re­sult; the total or aggregate sum. Hilburn T. Railroad Co., 23 Mont 229, 58 Pac. 551; Connelly v. Telegraph Co., 100 Va. 51, 40 S. E. 618, 56 L. R. A. 663, 93 Am. St Rep. 919.
—Amount covered. In insurance. The amount that is insured, and for which under­writers are liable for loss under a policy of inr su ranee.—Amount in controversy. The damages claimed or relief demanded; the amount claimed or sued for. Smith v. Giles, 65 Tex. 341; Barber v. Kennedy, 18 Minn. 216, (Gil. 196;) Railroad Co. v. Cunnigan, 95 Tex. 439, 67 S. W. 888—Amount of loss. In insurance. The diminution, destructions, or defeat of the value of, or of the charge upon, the insured subject to the assured, by the direct consequence of the operation of the risk insured against, according to its value in the policy, or in contribution, for loss, so far as its value is covered by the insurance.
AMOVEAS MANUS. Lat That you remove your hands. After office found, the king was entitled to the things forfeited, either lands or personal property; the rem­edy for a person aggrieved was by "peti-
tion,'* or "monstrans de droit? or "travers­es," to establish his superior right There­upon a writ issued, quod manus domini regis amoveantur. 3 Bl. Comm. 260.
AMFARO. In Spanish-American law. A document issued to a claimant of land as a protection to him, until a survey can be ordered, and the title of possession issued by an authorized commissioner. Trimble v. Smither's Adm'r, 1 Tex. 790.
AMPLIATION. In the civil law. A
deferring of judgment until a cause be fur­ther examined. Calvin.; Cowell. An ortler for the rehearing of a cause on a day ap­pointed, for the sake of more ample infor­mation. Halifax, Anal. b. 3, c. 13, n. 32.
In French law. A duplicate of an ac­quittance or other instrument. A notary's copy of acts passed before him, delivered to the parties.
AMPIilUS. In the Roman law. More; further; more time. A word which the prae­tor pronounced in cases where there was any obscurity in a cause, and the judices were uncertain whether to condemn or acquit; by which the case was deferred to a day nam­ed. Adam, Rom. Ant 287.
An ancient punishment for a blow given in a superior court; or for assaulting a judge sitting In the court
AMY. See Ami; Pbochein Amy.
AN. The English Indefinite article. In statutes and other legal documents, it is equivalent to "one" or "any;" is seldom used to denote plurality. Kaufman v. Superior Court, 115 Gal. 152, 46 Pac. 904; People v. Ogden, 8 App. Div. 464, 40 N. Y. Supp. 827.
AN ET JOUR. Fr. Year and day; a year and a day.
AN, JOUR, ET WASTE. In feudal law. Year, day, and waste. A forfeiture of the lands to the crown incurred by the felony of the tenant, after which time the land es­cheats to the lord. Termes de la Ley, 40.
ANACRISIS. In the civil law. An in­
vestigation of truth, interrogation of wit­
nesses, and inquiry made into any fact,
especially by torture.
ANESTHESIA. In medical jurispru­dence. (1) Loss of sensation, or insensibility to pain, general or local, induced by the ad­ministration or application of certain drugs such as ether, nitrous oxide gas, or cocaine. (2) Defect of sensation, or more or less com­plete insensibility to pain, existing in vari­ous parts of the body as a result of certair diseases of the nervous system.


ANAGRAPH. A register, inventory, or commentary.
ANALOGY. In logic. Identity or sim­ilarity of proportion. Where there is no. precedent in point, in cases on the same sub­ject, lawyers have recourse to cases on a different subject-matter, but governed by the same general principle. This is reasoning by analogy. Wharton.
ANAPHRODISIA. In medical Jurispru­dence. Impotentia coeundi; frigidity; in­capacity for sexual intercourse existing in either man or woman, and in the latter case sometimes called "dyspareunia."
ANARCHIST. One who professes and advocates the doctrines of anarchy, q. v. And see Cerveny v. Chicago Daily News Co., 139 111. 345, 28 N. E. 692, 13 L. R. A. 864; United States v. Williams, 194 U. S. 279, 24 Sup. Ct. 719, 48 L. Ed. 979.
ANARCHY. The destruction of govern­ment; lawlessness; the absence of all polit­ical government; by extension, confusion in government. See Spies v. People, 122 111. 1, 253, 12 N. E. 865, 3 Am. St. Rep. 320; Lewis v. Daily News Co., 81 Md. 406, 32 Ati. 246, 29 L. R. A. 59; People v. Most, 36 Misc. Rep. 139, 73 N. Y. Supp. 220; Von Gerichten v. Seitz, 94 App. Div. 130, 87 N. Y. Supp. 968.
ANATHEMA. An ecclesiastical punish­ment by which a person is separated from the body of the church, and forbidden all intercourse with the members of the same.
ANATHEMATIZE. To pronounce an­athema upon; to pronounce accursed by ec­clesiastical authority; to excommunicate.
ANATOCISM. In the civil law. Re­peated or doubled interest; compound inter­est; usury. Cod. 4, 32, 1, 30.
ANCESTOR. One who has preceded an­other in a direct line of descent; a lineal ascendant.
A former possessor; the person last seised. Termes de la Ley; 2 Bl. Comm. 201.
A deceased person from whom another has inherited land. A former possessor. Bailey v. Bailey, 25 Mich. 185; McCarthy ?. Marsh, 5 N. Y. 275; Springer v. Fortune, 2 Handy, (Ohio,) 52. In this sense a child may be the "ancestor" of his deceased par­ent, or one brother the "ancestor" of an­other. Lavery v. Egan, 143 Mass. 389, 9 N. E. 747; Murphy v. Henry, 35 Ind. 450.
The term differs from "predecessor," in that it is applied to a natural person and his progenitors, while the latter is applied also to a corporation and those who have held offices before those who now fill them. Co. Litt 786.
ANCESTRAX. Relating to ancestors, or to what has been done by them; as homage ancestrel.
Derived from ancestors. Ancestral estates are such as are transmitted by descent, and not by purchase. 4 Kent, Comm. 404. Brown v. Whaley, 58 Ohio St 654, 49 N. BL 479, 65 Am. St. Rep. 793.
ANCHOR. A measure containing ten gallons.
ANCHOR WATCH. A watch, consist­ing of a small number of men, (from one to four,) kept constantly on deck while the vessel is riding at single anchor, to see that the stoppers, painters, cables, and buoy-ropes are ready for immediate use. The Lady Franklin, 2 Lowell, 220, Fed. Cas. No. 7,984.
ANCHORAGE. In English law. A pres­tation or toll for every anchor cast from a ship in a port; and sometimes, though there be no anchor. Hale, de Jure Mar. pt. 2, c 6. See 1 W. Bl. 413 et seq.; 4 Term. 262.
ANCIENT. Old; that which has existed from an indefinitely early period, or which by age alone has acquired certain rights or privileges accorded in view of long continu­ance.
—Ancient deed. A deed 30 years old and shown to come from a proper custody and hav­ing nothing suspicious about it is an "ancient deed" and may be admitted in evidence without proof of its execution. Havens v. Seashore Land Co., 47 N. J. Eq. 365, 20 Atl. 497; Davis v. Wood, 161 Mo. 17, 61 S. W. 695.—Ancient demesne. Manors which in the time of Wil­liam the Conqueror were in the hands of the crown, and are so recorded in the Domesday Book. Fitzh. Nat. Brev. 14, 56; Baker v. Wich,
1 Salk. 56. Tenure in ancient demesne may be
gleaded in abatement to an action of ejectment. :.ust v. Roe, 2 Burr. 1046. Also a species of copyhold, which differs, however, from common copyholds in certain privileges, but yet must be conveyed by surrender, according to the custom of the manor. There are three sorts: # (1) Where the lands are held freely by the king's grant; (2) customary freeholds, which are held of a manor in ancient demesne, but not at the lord's will, although they are conveyed by sur­render, or deed and admittance; (3) lands held by copy of court-roll at the lord's will, denom­inated copyholds of base tenure.—Ancient house. One which has stood long enough to acquire an easement of support against the ad­joining land or building. 3 Kent, Comm. 437;
2 Washb. Real Prop. 74, 76. In England this
term is applied to houses or buildings erected
before the time of legal memory, (Cooke, Incl.
Acts. 35, 109.) that is, before the reign of Rich­
ard I., although practically any house is an an­
cient messuage if it was erected before the time
of living memory, and its origin cannot be prov­
ed to be modern.—Ancient lights. Lights or
windows in a house, which have been used in
their present state, without molestation or in­
terruption, for twenty years, and upwards.
To these the owner of the house has a right
by prescription or occupancy, so that they
cannot be obstructed or closed by the owner
of the adjoining land which they may over­
look. Wright v. Freeman, 5 Har. & J. (Md.)
477; Storv v. Odin, 12 Mass. 160, 7 Am.
Dec. 81.—Ancient readings. Readings or
lectures upon the ancient English statutes, for-


merly regarded as of great authority in law. Litt. ! 481: Co. Litt. 280.—Ancient rent.
The rent reserved at the time the lease was made, if the building was not then under lease. Orby v. Lord Mohun, 2 Vern. 542 —Ancient serjeant. In English law. The eldest of the queen's Serjeants.—Ancient wall. A wall built to be used, and in fact used, as a party-wall, for more than twenty years, by the ex­press permission and continuous acquiescence of the owners of the land on which it stands. Eno v. Del Vecchio, 4 Duer (N. Y.) 53, 63.—An­cient water-conrse. A water-course is "an­cient" if the channel through which it naturally runs has existed from time immemorial inde­pendent of the quantity of water which it dis­charges. Earl v. De Hart, 12 N. J. Eq. 280. 72 Am. Dec. 395.—Ancient writings. Wills, deeds, or other documents upwards of thirty years old These are presumed to be genuine without express proof, when cqming from the proper custody.
ANCIENTS. In English law. Gentle­men of the inns of court and chancery. In Gray's Inn the society consists of benchers, ancients, barristers, and students under the bar; and here the ancients are of the oldest barristers. In the Middle Temple, those who had passed their readings used to be termed "ancients." The Inns of Chancery consist of ancients and students or clerks; from the ancients a principal or treasurer Is chosen yearly. Wharton.
ANCIENT Y. Eldership; seniority. Used in the statute of Ireland, 14 Hen. VIII. Cowell.
ANCILLARY. Aiding; auxiliary; at­tendant upon ; subordinate; a proceeding at­tendant upon or which aids another proceed­ing considered as principal. Steele v. Insur­ance Co., 31 App. Div. 389, 52 N. Y. Supp. 873.
—Ancillary administration. When a dece­dent leaves property in a foreign state, (a state other than that of his domicile,) admin­istration may be granted in such foreign state for the purpose of collecting the assets and paying the debts there, and bringing the resi­due into the general administration. This is called "ancillarv" (auxiliary, subordinate) ad­ministration. Pisano v. Shanley Co., 66 N. J. Law, 1, 48 Atl. 61S; In re Gable's Estate, 79 Iowa, 178, 44 N. W. 352. 9 L. R A. 218: Steele v. Insurance Co., supra —Ancillary attach­ment. One sued out in aid of an action al­ready brought, its only office being to hold the property attached under it for the satisfaction of the plaintiffs demand Templeton v. Mason, 107 Tenn. 625, 65 S. W. 25; Southern Cali­fornia Fruit Exeh. v. Stamm, 9 N. M. 361. 54 Pac. 345.—Ancillary bill or suit. One growing out of and .auxiliary to another action or suit, either at law or in equity, such as a bill for discovery, or a proceeding for the enforce­ment of a judgment, or to set aside fraudulent transfers of property. Coltrane v. Templeton, 106 Fed. 370, 45 C C. A. 328: In re Williams, (D. O) 123 Fed 321; Claflin v. McDermott (G. C.) 12 Fed. 375.
ANCIPITIS USUS. Lat. In internation­al law. Of doubtful use; the use of whieh Is doubtful; that may be used for a civil or peaceful, as well as military or warlike, pur­pose. Gro. de Jure B. lib. 3, c 1, § 5, subd. 8; 1 Kent, Conim. 140.
ANDROCHIA. In old English law. A dairy-woman. Fleta, lib. 2, c 87.
ANDROGYNUS. An hermaphrodite
ANDROLEPSY. The taking by one na­tion of the citizens or subjects of another, in order to compel the latter to do justice to the former. Wolffius, § 1164; Moll, de Jure Mar. 26.
ANECH7S. L. Lat. Spelled also cesnecius, enitius, ceneas, eneyus. The eldest-born; the first-born; senior, as contrasted with the puis-ne, (younger.) Spelman.
ANGARIA. A term used in the Roman law to denote a forced or compulsory service exacted by the government for public pur­poses ; as a forced rendition of labor or goods for the public service. See Dig. 50, 4, 18, 4.
In maritime law. A forced service, (on-us,) imposed on a vessel for public purposes; an impressment of a vessel. Locc. de Jure Mar. lib. 1, c. 5, §§ 1-6.
In feudal law. Any troublesome or vex­atious personal service paid by the tenant to his lord. Spelman.
ANGEL. An ancient English coin, of the value of ten shillings sterling. Jacob.
ANGER. A strong passion of the mind excited by real or supposed injuries; not synonymous with "heat of passion," "malice," or "rage or resentment," because these are all terms of wider import and may include anger as an element or as an incipient stage. Chandler v. State, 141 Ind. 106, 39 N. E. 444; Hoffman v. State, 97 Wis. 571, 73 N. W. 51; Eanes v. State, 10 Tex. App. 421, 446.
AN GILD. In t Saxon law. The single value of a man or other thing; a single were-gild; the compensation of a thing according to its single value or estimation. Spelman. The double gild or compensation was called "twigild," the triple, "trigild" etc. Id.
ANGLESCHERIA. In old English law. Englishery; the fact of being an English­man.
Anglise jura in omni casu libertatis dant favorem. The laws of England in every case of liberty are favorable, (favor liberty in all cases.) Fortes, c. 42.
ANGLICE. In English. A term formerly used in pleading when a thing is described both in Latin and English, inserted immedi­ately after the Latin and as an introduction of the English translation.
ANGLO-INDIAN. An Englishman domi­ciled in the Indian territory of the British crown.
ANGUISH. Great or extreme pain, ag­ony, or distress, either of body or mind; but,


as used in law,, particularly mental suffering or distress of great intensity. Cook v. Rail­way Co., 19 Mo. App. 334.
ANGYIiDE. In Saxon law. The rate fix­ed by law at which certain injuries to per­son or property were to be paid for; in in­juries to the person, it seems to be equivalent to the "were," t. e., the price at which every man was valued. It seems also to have been the fixed price at which cattle and other goods were received as currency, and to have been much higher than the market price, or ceapgild. Wharton.
ANBXOTB. In old English law. A single tribute or tax, paid according to the custom of the country as scot and lot.
ANIENS, or ANIENT. Null, void, of no force or effect. Fitzh. Nat. Brev. 214.
ANIMAI*. Any animate being which is endowed with the power of voluntary motion. In the language of the law the term includes all living creatures not human.
Domitce are those which have been tamed by man; domestic.
Ferce natures are those which still retain their wild nature.
Mansuetce natures are those gentle or tame by nature, such as sheep and cows.
—Animals of a base nature. Animals in which a right of property may be acquired by reclaiming them from wildness, but which, at common law, by reason of their base nature, are not regarded as possible subjects of a lar­ceny. 3 Inst. 109; 1 Hale, P. C. 511, 512.
Animalia fera, si facta sint mansueta et ex eonsuetudine emit et redeunt, vo­lant et revolant, ut cervi, cygni, etc., eo usque nostra sunt, et ita intelliguntur qnamdin habuerunt animum revertendi. Wild animals, if they be made tame, and are accust6med to go out and return, fly away and fly back, as stags, swans, etc., are con­sidered to belong to us so long as they have the intention of returning to us. 7 Coke, 16.
ANIMO. Lat. With intention, disposi­tion, design, will. Quo animo, with what intention. Animo cancellandi, with inten­tion to cancel. 1 Pow. Dev. 603. Furandi, with intention to steal. 4 Bl. Comm. 230; 1 Kent. Comm. 183. Lucrandi, with inten­tion to gain or profit. 3 Kent, Comm. 357. Manendi, with intention to remain. 1 Kent, Comm. 76. Morandi, with intention to stay, or delay. Repuolicandi, with intention to republish. 1 Pow. Dev. 609. Revertendi, with intention to return. 2 Bl. Comm. 392. Revocandi, with intention to revoke. 1 Pow. Dev. 595. Testandi, with intention to make a will. See Animus and the titles which follow it.
ANIMO ET COKPORE. By the mind, and by the body; by the intention and by the
physical act. Dig. 50, 17, 153; Id. 41, 2 3, 1; Fleta, lib. 5, c. 5, §§ 9, 10.
ANIMO FELONICO. With felonious in­tent. Hob. 134.
ANIMUS. Lat. Mind; Intention; dispo­sition; design; will. Animo, (q. v.;) with the intention or design. These terms are derived from the civil law.
—Animus cancellandi. The intention of de­stroying or canceling, (applied to wills.)—Ani­mus capiendi. The intention to take or cap­ture. 4 C. Rob. Adm. 126, 155—Animus de-dicaudi. The intention of donating or dedicat­ing.—Animus defamandi. The intention of defaming. The phrase expresses the malicious intent which is essential in every case of verbal injury to render it the subject of an action for libel or slander.—Animus derelinquendi. The intention of abandoning. 4 C. Rob. Adm. 216. Rhodes v. Whitehead, 27 Tex. 304, 84 Am. Dec. 631.—Animus differendi. The in­tention of obtaining delay.—Animus donandi. The intention of giving. Expressive of the in­tent to give which is necessary to constitute a gift.—Animus et factus. Intention and act; will and deed. Used to denote those acts which become effective only when accompanied by a particular intention.—Animus furandi. The intention to steal. Gardner v. State, 55 N. J. Law, 17. 26 Atl. 30: State v. Slingerland, 19 Nev. 135, 7 Pac 280.—Animus lucrandi. The intention to make a gain or profit.—Ani­mus manendi. The intention of remaining; intention to establish a permanent residence. 1 Kent, Comm. 76. This is the point to be set­tled in determining the domicile or residence of a party. Id. 77.—Animus morandi. The in­tention to remain, or to delay.—Animus pos-sidendi. The intention of possessing—Ani­mus quo.' The jntent with which.—Animus recipiendi. The intention of receiving.— Animus recuperandi. The intention of re­covering Locc. de Jure Mar. lib. 2, c. 4, § 10. —Animus republicandi. The intention to republish.—Animus restituendi. The in­tention of restoring. Fleta, lib. 3, c. 2, § 3.— Animus revertendi. The intention of re­turning. A man retains his domicile if he leaves it animo revertendi. In re Miller's Es­tate, 3 Rawle (Pa.) 312, 24 Am. Dec. 345; 4 Bl. Comm. 225; 2 Russ. Crimes, 18; Poph. 42, 52; 4 Coke, 40. Also, a term employed in the civil law, in expressing the rule of owner­ship in tamed animals —Animus revocandi. The intention to revoke.—Animus testandi. An intention to make a testament or will. Farr v. Thompson, 1 Speers (S. C.) 105.
Animus ad, se omne jus ducit. It is to
the intention that all law applies. Law al­ways regards the intention.
Animus hominis est anima scripti.
The intention of the party is the soul of the instrument. 3 Bulst. 67; -Pitm. Prin. & Sur. 26. In order to give life or effect to an in­strument, it is essential to look to the inten­tion of the individual who executed it
ANKER. A measure containing ten gal­lons.
ANN. In Scotch law. Half a year's sti­pend, over and above what is owing for the incumbency, due to a minister's relict, or child, or next of kin, after his decease.


ANNA. In East Indian coinage, a piece of money, the sixteenth part of a rupee.
ANN AXES. Lat. Annuals; a title for­merly given to the Year Books.
In old records. Yearlings; cattle of the first year. CowelL
ANNALY. In Scotch law. To alienate; to convey.
ANNATES. In ecclesiastical law. First-fruits paid out of spiritual benefices to the pope, so called because the value of one year's profit was taken as their rate.
ANNEX. To add to; to unite; to attach one thing permanently to another. The word expresses the idea of joining a smaller or sub­ordinate thing with another, larger, or of higher importance.
In the la'w relating to fixtures, the expres­sion "annexed to the freehold" means fast­ened to or connected with it; mere juxtapo­sition, or the laying of an object, however heavy, on the freehold, does not amount to annexation. Merritt v. Judd, 14 Cal. 64.
ANNEXATION. The act of attaching, adding, joining, or uniting one thing to an­other ; generally spoken of the connection of a smaller or subordinate thing with a larger or principal thing. The attaching an illus­trative or auxiliary document to a deposi­tion, pleading, deed, etc., is called "annex­ing" it. So the incorporation of newly-ac­quired territory into the national domain, as an integral part thereof, is called "annexa­tion," as in the case of the addition of Texas to the United States.
In the law relating to fixtures: Actual annexation includes every movement by which a chattel can be joined or united to the freehold. Constructive annexation is the union of such things as have been holden parcel of the realty, but which are not actual­ly annexed, fixed, or fastened to the tree-hold. Shep. Touch. 469; Amos & F. Fixt. 2.
In Scotch law. The union of lands to the crown, and declaring them inalienable. Also the appropriation of the church-lands by the crown, and the union of lands lying at a distance from the parish church to which they belong, to the church of another parish to which they are contiguous.
ANNI ET TEMPORA. Lat Years and terms. An old title of the Year Books.
ANNI NUBILES. A woman's marriage­able years. The age at which a girl becomes by law fit for marriage; the age of twelve.
ANNICULUS. A child a year old. Cal­vin.
Anniculus trecentesimo sexagesimo-qninto die dicitnr, incipiente plane non exacto die, quia a^mum eiviliter non ad
momenta temporum sed ad dies numera-
mm. We call a child a year old on the three hundred and sixty-fifth day, when the day is fairly begun but not ended, because we calculate the civil year not by moments, but by days. Dig. 50, 16, 134; Id. 132; Calvin.
ANNIENTED. Made null, abrogated, frustrated, or brought to nothing. Litt c. 3, § 741.
ANNIVERSARY. An annual day, in old ecclesiastical law, set apart in memory of a deceased person. Also called "year day" or "mind day." Spelman.
ANNO DOMINI. In the year of the Lord. Commonly abbreviated A. D. The computation of time, according to the Chris­tian era, dates from the birth of Christ.
This phrase has become Anglicized by adop­tion, so that an indictment or declaration con­taining the words "Anno Domini" is not demur­rable as not being in the English language. State v. Gilbert, 13 Vt 647; Hale- v. Vesper, Smith (N. H.) 283.
ANNONA. Grain; food. An old English and civil law term to denote a yearly con­tribution by one person to the support of an­other.
ANNONflE CIVILES. A species of year­ly rents issuing out of certain lands, and pay­able to certain monasteries.
ANNOTATIO. In the civil law. The sign-manual of the emperor; a rescript of the emperor, signed with his own hand. It is distinguished both from a rescript and pragmatic sanction, in Cod. 4, 59, 1.
ANNOTATION. A remark, note, or com­mentary on some passage of a book, intended to illustrate its meaning. Webster.
In the civil law. An imperial rescript signed by the emperor. The answers of the prince to questions put to him by private per­sons respecting some doubtful point of law.
Summoning an absentee. Dig. 1, 5.
The designation of a place of deportation. Dig. 32, 1, 3.
Annua nee debitum judex non separat
ipsum. A judge (or court) does not divide annuities nor debt. 8 Coke, 52; 1 Salk. 36, 65. Debt and annuity cannot be divided or apportioned by a court
ANNUA PENSIONE. An ancient writ to provide the king's chaplain, if he had no pre­ferment, with a pension. Reg. Orig. 165, 307.
ANNUAL. Occurring or recurring once in each year; continuing for the period of a year; accruing within the space of a year; relating to or covering the events or affairs of a year. State v. McCullough, 3 Nev. 224.
—Annual assay. An annual trial of the gold and silver coins of the United States, to ascer-


tain whether the standard fineness and weight of the coinage is maintained. See Rev. SL U. S. § 3547 (U. S. Oomp. St. 1901,, p. 2370).— Annual income. Annual income is annual re­ceipts from property. Income means that which comes in or is received from any business, or investment of capital, without reference to the outgoing expenditures. Betts v. Betts, 4 Abb. N. O. (N. Y.) 400.—Annual pension. In Scotch law. A yearly profit or rent.—Annual rent. In Scotch law. Yearly interest on a loan of money.—Annual value. The net year­ly income derivable from a given piece of prop­erty ; its fair rental value for one year, deduct­ing costs and expenses; the value of its use for a year.
ANNUALLY. The meaning of this term, as applied to interest, is not an undertaking to pay interest at the end of one year only, but to pay interest at the end of each and every year during a period of time, either fixed or contingent. Sparhawk v. Wills, 6 Gray (Mass.) 164; Patterson v. McNeeley, 16 Ohio St. 348; Westfield v. Westfield, 19 S. C. 89.
ANNUITANT. The recipient of an an­nuity; one who is entitled to an annuity.
ANNUITIES OF TIENDS. In Scotch law. Annuities of tithes; 10s. out of the boll of tiend wheat, 8s. out of the boll of beer, less out of the boll of rye, oats, and peas, al­lowed to the crown yearly of the tiends not paid to the bishops, or set apart for other pious uses.
ANNUITY. A yearly sum stipulated to be paid to another in fee, or for life, or years, and chargeable only on the person of the grantor. Co. Litt. 1446.
An annuity is different from a rent-charge, with which it is sometimes confounded, the annuity being chargeable on the person mere­ly, and so far personalty; while a rent-charge is something reserved out of realty, or fixed as a burden upon an estate in land. 2 Bl. Comm. 40; Rolle, Abr. 226; Horton v. Cook, 10 Watts (Pa.) 127, 36 Am. Dec. 151.
The contract of annuity is that by which one iparty delivers to another a sum of mon­ey, and agrees not to reclaim it so long as the receiver pays the rent agreed upon. This an­nuity may be either perpetual or for life. Civ. Code La. arts. 2793, 2794.
The name of an action, now disused, (L. Lak breve dje annuo redditu,) which lay for the recovery of an annuity. Reg. Orig. 1586; Bract, fol. 2036; 1 Tidd, Pr. 3.
ANNUITY-TAX. An impost levied an­nually in Scotland for the maintenance of the ministers of religion.
ANNUL. To cancel; make void; destroy. To annul a judgment or judicial proceeding Is to deprive it of all force and operation, either a6 initio or prospectively as to future transactions. Wait v. Wait, 4 Barb. (N. Y.) 205; Woodson v. Skinner, 22 Mo. 24; In re Morrow's Estate, 204 Pa. 484, 54 Atl. 342.
ANNULUS. Lat. In old English law. A ring; the ring of a door. Per haapam vel annulum hostii exterioris; by the hasp or ring of the outer door. Fleta, lib. 3, c. 15, § 5.
ANNULUS ET BACULUS. (Lat ring and staff.) The investiture of a bishop was per annulum et baculum, by the prince's de­livering to the prelate a ring and pastoral staff, or crozier. 1 Bl. Comm. 378; Spelman.
ANNUS. Lat. In civil and old English law. A year; the period of three hundred and sixty-five days. Dig. 40, 7, 4, 5; Calvin.; Bract, fol. 3596.
—Annus deliberandi. In Scotch law. A year of deliberating; a year to deliberate. The year allowed by law to the heir to deliberate whether he will enter and represent his an­cestor. It commences on the death of the an­cestor, unless in the case of a posthumous heir, when the year runs from his birth. Bell.—An­nus, dies, et vastum. In old English law. Year, day, and waste. See Yeab, Day, and Waste.—Annus et dies. A year and a day. —Annus luctus. The year of mourning. It was a rule among the Romans, and also the Danes and Saxons, that widows should not marry infra annum luctus, (within the year of mourning.) Code 5, 9, 2; 1 Bl. Comm. 457. —Annus utilis. A year made up of available or serviceable days. Brissonius; Calvin. In the plural, anm utiles signifies the years during which a right can be exercised or a prescription grow.
Annus est mora motus quo suunt plan-eta pervolvat circulum. A year is the du­ration of the motion by which a planet re­volves through its orbit. Dig. 40, 7, 4, 5; Calvin.; Bract. 3596.
Annus ineeptus pro completo habetur.
A year begun is held as completed. Tray. Lat. Max. 45.
ANNUUS REDITUS. A yearly rent; an­nuity. 2 Bl. Comm. 41; Reg. Orig. 1586.
ANOMALOUS. Irregular; exceptional; unusual; not conforming to rule, method, or type.
—Anomalous indorser. A stranger to a note, who indorses it after its execution and de­livery but before maturity, and before it has been indorsed by the payee. Buck v. Hutchins, 45 Minn, 270, 47 N. W. 80S.—Anomalous plea. One which is partly affirmative and partly negative. Baldwin v. Elizabeth, 42 N. J. Eq. 11, 6 Atl. 275; Potts v. Potts (N. J. Ch.) 42 Atl. 1055.
ANON., AN., A. Abbreviations for anony­mous.
ANONYMOUS. Nameless; wanting a name or names. A publication, withholding the name of the author, is said to be anony­mous. Cases are sometimes reported anony­mously, i. e„ without giving the names of the parties. Abbreviated to "Anon."
ANOYSANCE. Annoyance; nuisance. Cowell; Kelham.


English law. An ancient mode of weigh­ing by hanging scales or hooks at either end of a beam or staff, which, being lifted with one's finger or hand by the middle, showed the equality or difference between the weight at one end and the thing weighed at the other. Termes de la Ley, 66.
ANSWER. In pleading. Any pleading Betting up matters of fact by way of defense. In chancery pleading, the term denotes a defense in writing, made by a defendant to the allegations contained in a bill or informa­tion filed by the plaintiff against him.
In pleading, under the Codes of Civil Pro­cedure, the answer is the formal written statement made by a defendant setting forth the grounds of his defense; corresponding to what, in actions under the common-law prac­tice, is called the "plea."
In Massachusetts, the term denotes the statement of the matter intended to be relied upon by the defendant in avoidance of the plaintiff's action, taking the place of special pleas in bar, and the general issue, except in real and mixed actions. Pub. St. Mass. 1882, p. 1287.
In matrimonial suits in the (English) pro­bate, divorce, and admiralty division, an an­swer is the pleading by which the respond­ent puts forward his defense to the petition. Browne, Div. 223.
Under the old admiralty practice in Eng­land, the defendant's first pleading was called his "answer." Williams & B. Adm. Jur. 246.
In practice. A reply to interrogatories; an affidavit in answer to interrogatories. The declaration of a fact by a witness after a question has been put, asking for it.
As a verb, the word denotes an assumption of liability, as to "answer" for the debt or default of another.
—Voluntary answer, in the practice of the court of chancery, was an answer put in by a defendant, when the plaintiff had filed no inter­rogatories which required to be answered. Hunt, Eq.
ANTAPOCHA. In the Roman law. A transcript or counterpart of the instrument called "apocha," signed by the debtor and delivered to the creditor. Calvin.
ANTE. Lat Before. Usually employed in old pleadings as expressive of time, as prce (before) was of place, and coram (before) of person. Townsh. PI. 22.
Occurring In a report or a text-book, it Is used to refer the reader to a previous part of the book.
—Ante exhibitionem billse. Before the ex­hibition of the bill. Before suit begun.—Ante-factum or ante-gestum. Done before. A Roman law term for a previous act, or thing done before.—Ante litem motam. Before Buit brought; before controversy instituted.— Ante natus. Born before. A person born be­fore another person or before a particular event. The term is particularly applied to one born in a
country before a revolution, change of govern­ment or dynasty, or other political event, such that the question of his rights, status, or allegi­ance will depend upon the date of his birth with reference to such event. In England, the term commonly denotes one born before the act of union with Scotland; in America, one born before the declaration of independence. Its op­posite is post natus, one born after the event.
ANTEA. Lat. Formerly; heretofore.
ANTECESSOR. An ancestor, (q. v.)
ANTEDATE. To date an instrument as of a time before the time it was written.
ANTEJURAMENTUM. In Saxon law. A preliminary or preparatory oath, (called also "prcejuramentum," and "juramentum calumnies,") which both the accuser and ac­cused were required to make before any trial or purgation; the accuser swearing that he would prosecute the criminal, and the ac­cused making oath on the very day that he was to undergo the ordeal that he was inno­cent of the crime with which he was charged. Whishaw.
ANTENUPTIAL. Made or done before a marriage. Antenuptial settlements are set­tlements of property upon the wife, or up­on her and her children, made before and in, contemplation of the marriage.
ANTHROPOMETRY. In criminal law and medical jurisprudence. The measure­ment of the human body; a system of meas­uring the dimensions of the human body, both absolutely and In their proportion to each other, the facial, cranial, and other angles, the shape and size of the skull, etc., for purposes of comparison with correspond­ing measurements of other individuals, and serving for the identification of the subject in cases of doubtful or disputed identity. See Bebtillon System.
ANTI MANIFESTO. A term used in international law to denote a proclamation or manifesto published by one of two belliger­ent powers, alleging reasons why the war is defensive on its part.
ANTICHRESIS. In the civil law. A species of mortgage, or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Repert.; Marquise De Portes v. Hurlbut, 44 N. J. Eq. 517, 14 Atl. 89U.
A debtor may give as security for his debt any immovable which belongs to him, the creditor having the right to enjoy the use of It on account of the interest due, or of the capital if there is no interest due; this is called "antichresis." Civ. Code Mex. art. 1927.
By the law of Louisiana, there are two kinds of pledges,—the pawn and the antichresis. A


pawn relates to movables, and the antichresis to immovables. The antichresis must be reduced to writing; and the creditor thereby acquires the right to the fruits, etc., of the immovables, deducting yearly their proceeds from the inter­est, in the first place, and afterwards from the principal of his debt. He is bound to pay taxes on the property, and keep it in repair, unless the contrary is agreed. The creditor does not ^become the proprietor of the property by failure to pay at tine agreed time, and any clause to that effect is void. He can only sue the debtor, and obtain sentence for sale of the property. The possession of the property is, however, by the contract, transferred to the creditor. Liv­ingston v. Story, 11 Pet. 351, 9 L. Ed. 746.
ANTICIPATION. The act of doing or taking a thing before its proper time.
In conveyancing, anticipation is the act of assigning, charging, or otherwise dealing with income before it becomes due.
In patent law, a person is said to have been anticipated when he patents a contrivance already known within the limits of the coun­try granting the patent. Topliff v. Topliff, 145 U. S. 156, 12 Sup. Ct. 825, 36 L. Ed. 658; Detroit, etc., Co. v. Renchard (C. C.) 9 Fed. 298; National Hollow Brake Beam Co. v. Interchangeable Brake Beam Co. (C. C.) 99 Fed. 772.
ANTIGRAPHUS. In Roman law. An officer whose duty it was to take care of tax money. A comptroller.
ANTIGRAPHY. A copy or counterpart of a deed.
ANTZNOMIA. In Roman law. A real or apparent contradiction or inconsistency in the laws. Merl. Repert. Conflicting laws or provisions of law; inconsistent or conflicting decisions or cases.
ANTINOMY. A term used in logic and law to denote a real or apparent inconsisten­cy or conflict between two authorities or propositions; same as antinomia, (q. v.)
ANTIQUA CUSTUMA. In English law. Ancient custom. An export duty on wool, wool-felts, and leather, imposed during the reign of Edw. I. It was so called by way of distinction from an increased duty on the same articles, payable by foreign merchants, which was imposed at a later period of the same reign and was called "custuma nova." 1 Bl. Comm. 314.
ANTIQUA STATUTA. Also called "Vet­era Statuta." English statutes from the time of Richard I. to Edward III. 1 Reeve, Eng. Law, 227.
ANTIQUARE. In Roman law. To re­store a former law or practice; to reject or vote against a new law; to prefer the old law. Those who voted against a proposed law wrote on their ballots the letter "A," the initial of antiquo, I am for the old law. Calvin.
English law. Ancient demesne.
ANTITHETARIUS. In Old English law. A man who endeavors to discharge himself of the crime of which he is accused, by re­torting the charge on the accuser. He differs from an approver in this: that the latter does not charge the accuser, but others. Jacob.
ANTRUSTIO. In early feudal law. A confidential vassal. A term applied to the followers or dependents of the ancient Ger­man chiefs, and of the kings and counts of the Franks. Burrill.
ANUELS LIVRES. L. Fr. The Year Books. Kelham.
APANAGE. In old French law. A pro­vision of lands or feudal superiorities as­signed by the kings of France for the main­tenance of their younger sons. An allow ance assigned to a prince of the reigning house for his proper maintenance out of the public treasury. 1 Hallam, Mid. Ages, pp. ii, 88; Wharton.
APARTMENT. A part of a house oc­cupied by a person, while the rest Is occupied by another, or others. As to the meaning of this term, see 7 Man. & G. 95; 6 Mod. 214; McMillan v. Solomon, 42 Ala. 356, 94 Am. Dec. 654; Commonwealth v. Estabrook, 10 Pick. (Mass.) 293; McLellan v. Dalton, 10 Mass. 190; People v. St. Clair, 38 Cal. 137.
APATTSATIO. An agreement or com­pact Du Cange.
APERTA BREVIA. Open, unsealed writs.
APERTUM FACTUM. An overt act.
civil law. A form of proving a will, by the witnesses acknowledging before a magistrate their having sealed it.
APEX. The summit or highest point of anything; the top; e. p., in mining law, "apex of a vein." See Larkin v. Upton, 144 U. S. 19, 12 Sup. Ct. 614, 36 L. Ed. 330; Stevens v. Williams, 23 Fed. Cas. 40; Dug-gan v. Davey, 4 Dak. 110, 26 N. W. 887.
—Apex juris. The summit of the law; a le­gal subtlety; a nice or cunning point of law; close technicality; a rule of law carried to an extreme point, either of severity or refinement. —Apex rule. In mining law. The mineral laws of the United States give to the locator of a mining claim on the public domain the whole of every vein the apex of which lies with­in his surface exterior boundaries, or within perpendicular planes drawn downward indef­initely on the planes of those boundaries; and he may follow a vein which thus apexes within his boundaries, on its dip, although it may so far depart from the perpendicular in its course downward as to extend outside the vertical


side-lines of bis location.; but he may not go beyond his end-lines or vertical planes drawn downward therefrom. This is called the apex rule. Rev. St. U. S. § 2322 (U. S. Comp. St 1901, p. 1425); King v. Mining Oo., 9 Mont 543, 24 Pac. 200.
APHASIA. In medical Jurisprudence. Loss of the faculty or power of articulate speech; a condition in which the patient, while retaining intelligence and understand­ing and with the organs of speech unimpair­ed, is unable to utter articulate words, or unable to vocalize the particular word which is in his mind and which he wishes to use, or utters words different from those he be­lieves himself to be speaking, or (in "sensory aphasia") is unable to understand spoken or written language. The seat of the disease is in the brain, but it is not a form of insanity.
APHONIA. In medical jurisprudence. Loss of the power of articulate speech in consequence of morbid conditions of some of the vocal organs. It may be incomplete, in which case the patient can whisper. It is to be distinguished from congenital dumbness, and from temporary loss of voice through extreme hoarseness or minor affections of the vocal cords, as also from aphasia, the latter being a disease of the brain without impairment of the organs of speech.
Apices juris non sunt jura, [jus.] Ex­tremities, or mere subtleties of law, are not rules of law, [are not law.] Co. Litt 304&; 10 Coke, 126; Wing. Max. 19, max. 14; Broom, Max. 188.
APICES LITIGANDI. Extremely fine points, or subtleties of litigation. Nearly equivalent to the modern phrase "sharp prac­tice." "It is unconscionable in a defendant to take advantage of the apices litigandi, to turn a plaintiff around and make him pay costs when his demand is just." Per Lord Mansfield, in 3 Burr. 1243.
APN(EA. In medical jurisprudence. Want of breath; difficulty in breathing; partial or temporary suspension of respira­tion; specifically, such difficulty of respira­tion resulting from over-oxygenation of the blood, and in this distinguished from "as­phyxia," which is a condition resulting from a deficiency of oxygen in the blood due to suffocation or any serious interference with normal respiration. The two terms were formerly (but improperly) used synonymous­ly.
APOCHA. Lat In the civil law. A writing acknowledging payments; acquit­tance. It differs from acceptation in this: that acceptilation imports a complete dis­charge of the former obligation whether pay­ment be made or not; apocha, discharge only upon payment being made. Calvin.
AFOCH2E ONERATORLffi. In old com­mercial law. Bills of lading.
APOCRISARXUS. In ecclesiastical law. One who answers for another. An officer whose duty was to carry to the emperor mes­sages relating to ecclesiastical matters, and to take back his answer to the petitioners. An officer who gave advice on questions of ecclesiastical law. An ambassador or legate of a pope or bishop. Spelman.
—Apocrisarins cancellarius. In the civil law. An officer who took charge of the royal seal and signed royal dispatches.
APOGRAPHIA. A civil law term sig­nifying an inventory or enumeration of things in one's possession. Calvin.
APOPLEXY. In medical jurisprudence. The failure of consciousness and suspension of voluntary motion from suspension of the functions of the cerebrum.
APOSTACY. In English law. The total renunciation of Christianity, by embracing either a false religion or no religion at alL This offense can only take place in such as have once professed the Christian religion. 4 Bl. Comm. 43; 4 Steph. Comm. 231.
APOSTATA. In civil and old English law. An apostate; a deserter from the faith; one who has renounced the Christian faith. Cod. 1, 7; Reg. Orig. 716.
—Apostata capiendo. An obsolete English writ which issued against an apostate, or one who had violated the rules of his religious or­der. It was addressed to the sheriff, and com­manded him to deliver the defendant into the custody of the abbot or prior. Reg. Orig. 71, 267; Jacob; Wharton.
APOSTILLE, Appostille. L. Fr. An
addition; a marginal note or observation. Kelham.
APOSTLES. In English admiralty prac­tice. A term borrowed from the civil law, denoting brief dismissory letters granted to a party who appeals from an inferior to a su­perior court, embodying a statement of the case and a declaration that the record will be transmitted.
This term is still sometimes applied in the admiralty courts of the United States to the papers sent up or transmitted on appeals.
APOSTOLI. In the civil law. Certifi­cates of the inferior judge from whom a cause is removed, directed to the superior. Dig. 49, 6. See Apostles.
APOSTOLUS. A messenger; an ambas­sador, legate, or nuncio. Spelman.
APOTHECA. In the civil law. A re­pository; a place of deposit, as of wine, oil, books, etc. Calvin.


APOTHECARY. Any person who keeps a shop or building where medicines are com­pounded or prepared according to prescrip­tions of physicians, or where medicines are sold. Act Cong. July 13, 1866, c. 184, § 9, 14 Stat 119; Woodward v. Ball, 6 Car. & P. 577; Westmoreland v. Bragg, 2 Hill (S. C.) 414; Com. v. Fuller, 2 Walk. (Pa.) 550.
The term "druggist" properly means one whose occupation is to buy and sell drugs, without compounding or preparing them. The term therefore has a much more lim­ited and restricted meaning than the word "apothecary," and there is little difficulty in concluding that the term "druggist" may be applied in a technical sense to persons who buy and sell drugs. State v. Holmes, 28 La. Ann. 767, 26 Am. Rep. 110; Apothecaries' Co. v. Greenough, 1 Q. B. 803; State v. Donald­son, 41 Minn. 74, 42 N. W. 781.
AFP ABATOR. A furnisher or provider. Formerly the sheriff, in England, had charge of certain county affairs and disbursements, in which capacity he was called "apparator comitatus," and received therefor a consider­able emolument. Cowell.
APPARENT. That which is obvious, evident, or manifest; what appears, or has been made manifest In respect to facts involved in an appeal or writ of error, that which is stated in the record.
—Apparent danger, as used with reference to the doctrine of self-defense in homicide, means such overt actual demonstration, by conduct and acts, of a design to take life or do some great personal injury, as would make the kill­ing apparently necessary to self-preservation. Evans v. State, 44 Miss. 773; Stoneman v. Com., 25 Grat (Va.) 896; Leigh v. People, 113 111. 379.—Apparent defects, in a thing sold, are those which can be discovered by simple in­spection. Code La, art 2497.—Apparent easement. See Easement.—Apparent heir. In English law. One whose right of inheritance is indefeasible, provided he outlive the ances­tor. 2 Bl. Comm. 208. In Scotch law. He is the person to whom the succession has actually opened. He is so called until his regular entry on the lands by service or infeftment on a pre­cept of clare constat.—Apparent maturity. The apparent maturity of a negotiable instru­ment payable at a particular time is the day on which, by its terms, it becomes due, or, when that is a holiday, the next business day. Civil Code Cal. § 3132.
APPARITIO. In old practice. Appear­ance; an appearance. Apparitio in judicio, an appearance in court Bract fol. 344. Post apparitionem, after appearance. Fleta, lib. 6, c. 10, § 25.
APPARITOR. An officer or messenger employed to serve the process of the spir­itual courts in England and summon offend­ers. Cowfill.
In the civil law. An officer who waited upon a magistrate or superior officer, and executed his commands. Calvin; Cod. 12, 53-57.
APPARLEMENT. In old English law. Resemblance; likelihood; as apparlement of war. St 2 Rich. II. st 1, c. 6; Cowell.
APPARURA. In old English law the apparura were furniture, implements, tackle, or apparel. Carucarum apparura, plow-tackle. Cowell.
APPEAL. In civil practice. The com­plaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.
The removal of a cause from a court of. inferior to one of superior jurisdiction, for the purpose of obtaining a review and re­trial. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619.
The distinction between an appeal and a writ of error is that an appeal is a process of civil law_ origin, and removes a cause entirely, sub­jecting the facts, as well as the law, to a review and reyisal; but a writ of error is of common law origin, and it removes nothing for re-ex­amination but the law. Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619; TJ. S. v. Goodwin, 7 Cranch, 108, 3 L. Ed. 284; Cunningham v. Neagle, 135 U. S. 1, 10 Sup. Ct. 658. 34 L. Ed. 55.
But appeal is sometimes used to denote the nature of appellate jurisdiction, as distinguish­ed from original jurisdiction, without any par­ticular regard to the mode by which a cause ia transmitted to a superior jurisdiction. U. S. v. Wonson, 1 Gall. 5, 12, Fed. Gas. No. 16,750.
In criminal practice. A formal accusa­tion made by one private person against an­other of having committed some heinous crime. 4 Bl. Comm. 312.
Appeal was also the name given to the proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed, or accused others, his accomplices in the same crime, in order to obtain his pardon. In this case he was call­ed an "approver" or "prover," and the party appealed or accused, the "appellee." 4 Bl. Comm. 330.
In legislation. The act by which a mem­ber of a legislative body who questions the correctness of a decision of the presiding of­ficer, or "chair," procures a vote of the body upon the decision.
In old French, law. A mode of proceed­ing in the lords' courts, where a party was dissatisfied with the judgment of the peers, which was by accusing them of having given a false or malicious judgment, and offering to make good the charge by the duel or com­bat. This was called the "appeal of false Judgment." Montesq. Esprit des Lois, liv. 28, c. 27.
—Appeal bond. The bond given on taking an appeal, by which the appellant binds himself to pay damages and costs if he fails to prosecute the appeal with effect. Omaha Hotel Co. v. Kountze, 107 U. S. 378, 2 Sup. Ct. 911, 27 L. Ed. 609.—Cross-appeal. Where both parties


to a judgment appeal therefrom, the appeal of each is called a "cross-appeal" as regards that of the other. 3 Steph. Comm. 581.
APPEALED. In a sense not strictly technical, this word may be used to signify the exercise by a party of the right to re­move a litigation from one forum to another; as where he removes a suit involving the title to real estate from a justice's court to the common pleas. Lawrence v. Souther, 8 Mete (Mass.) 166.
APPEAR. In practice. To be properly before a court; as a fact or matter of which it can take notice. To be in evidence; to be proved. "Making it appear and proving are the same thing." Freem. 53.
To be regularly in court; as a defendant in an action. See Appeabance.
APPEARANCE. In practice. A com­ing into court as party to a suit, whether as plaintiff or defendant.
The formal proceeding by which a defend­ant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988.
Classification. An appearance may be ei­ther general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a sub­mission to the jurisdiction for some specific pur­pose only, not for all the purposes of the suit. National Furnace Co. v. Moline Malleable Iron Works (C C.) 18 Fed. 8G4. An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, w ithout the service of process, though process may be outstanding. 1 Barb. Ch. Pr. 77. It is said to be optional when entered by a person who intervenes in the action to protect his own interests, though not joined as a party; conditional, when coupled with conditions as to its becoming or being tak­en as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear; de bene esse, when made provisionally or to remain good only upon a future contingency; subse­quent, when made by a defendant after an ap­pearance has already been entered for him by the plaintiff; corporal, when the person is physically present in court.
—Appearance by attorney. This term and "appearance by counsel" are distinctly differ­ent, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attendance of an advocate with­out whose aid neither the party attending nor his attorney in his stead could safely proceed; and an appearance by attorney does not super­sede the appearance by counsel. Mercer v. Watson, 1 Watts (Pa.) 351.—Appearance day. The day for appearing; that on which the parties are bound to come into court. Cru-
er v. McCracken (Tex. Civ. App.) 26 S. W.
82.—Appearance docket. A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.—Notice of ap­pearance. A notice given by defendant to a plaintiff that he appears in the action in per­son or by attorney.
APPEARAND HEIR. In Scotch law. An apparent heir. See Appabent Heib.
APPELLANT. The party who takes an appeal from one court or jurisdiction to an­other.
APPELLATE. Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications.
—Appellate conrt. A court having juris­diction of appeal and review; a court to which causes are removable by appeal, certiorari, or error.—Appellate jurisdiction. Jurisdic­tion on appeal; jurisdiction to revise or correct the proceedings in a cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes of a court. Au­ditor of State v. Railroad Co., 6 Kan. 505, 7 Am. Rep. 575; State v. Anthony, 65 Mo. App. 543; State v. Baker, 19 Fla. 19; Ex parte Bollman. 4 Cranch, 101, 2 L. Ed. 554,
APPELLATIO. Lat An appeal.
APPELLATOR. An old law term hav­ing the same meaning as "appellant," (q. v.)
In the civil law, the term was applied to the judge ad quern, or to whom an appeal was taken. Calvin.
APPELLEE. The party in a cause against whom an appeal is taken; that is, the party who has an interest adverse to setting aside or reversing the judgment. Slayton v. Hor­sey, 97 Tex. 341, 78 S. W. 919. Sometimes also called the "respondent."
In old English law. Where a person charged with treason or felony pleaded guilty and turned approver or "king's evidence," and accused another as his accomplice in the same crime, in order to obtain his own par­don, the one so accused was called the "ap­pellee." 4 Bl. Comm. 330.
APPELLO. Lat. In the civil law. I appeal. The form of making an appeal apud acta. Dig. 49, 1, 2.
APPELLOR. In old English law. A criminal who accuses his accomplices, or who challenges a jury.
APPENDAGE. Something added as an accessory to or the subordinate part of an­other thing. State v. Fertig, 70 Iowa, 272, 30 N. W. 633; Hemme v. School Dist., 30 Kan. 377, 1 Pac. 104; State Treasurer r. Railroad Co., 28 N. J. Law, 26.
APPENDANT. A thing annexed to or belonging to another thing and passing with it; a thing of inheritance belonging to an­other inheritance which is more worthy; as an advowson, common, etc., which may 'be appendant to a manor, common of fishing to a freehold, a seat in a church to a house, etc. It differs from appurtenance, in that append­ant must ever be by prescription, i. e., a per­sonal usage for a considerable time, while an appurtenance may be created at this day; for if a grant be made to a man and his


heirs, of common in such a moor for his beasts levant or couchant upon his manor, the commons are appurtenant to the manor, and the grant will pass them. Co. Litt. 1216; Lucas v. Bishop, 15 Lea (Tenn.) 165, 54 Am. Rep. 440; Leonard v. White, 7 Mass. 6, 5 Am. Dec. 19; Meek v. Breckenridge, 29 Ohio St. 648. See Appubtbnance.
APPENDITIA. The appendages or ap­purtenances of an estate or house. Oowell.
APPENDIX. A printed volume, used on an appeal to the English house of! lords or privy council, containing the documents and other evidence presented in the inferior court and referred to In the cas,es made by the par­ties for the appeal. Answering in some re­spects to the "paper-book" or "case" in Amer­ican practice.
APPENSURA. Payment of money by weight instead of by count Cowell.
APPERTAIN. To belong to; to have relation to; to be appurtenant to. See Ap-
APPLICABLE. When a constitution or court declares that the common law is in force in a particular state so far as it is ap­plicable, it is meant that it must be applica­ble to the habits and conditions of the com­munity, as well as in harmony with the genius, the spirit, and the objects of their institutions. Wagner v. Bissell, 3 Iowa, 402.
When a constitution prohibits the enact­ment of local or special laws in all cases where a general law would be applicable, a general law should always be construed to be applicable, in this sense, where the entire people of the state have an interest in the subject, such as regulating interest, statutes of frauds or limitations, etc. But where only a portion of the people are af­fected, as in locating a county-seat, it will depend upon the facts and circumstances of each particular case whether such a law would be applicable. Evans v. Job, 8 Nev. 322.
APPLICARE. Lat. In old English law. To fasten to; to moor (a vessel) Anciently rendered, "to apply." Hale, de Jure Mar.
Applicatio est vita regulse. Applica­tion is the life of a rule. 2 Bulst 79.
APPLICATION. A putting to, placing before, preferring a request or petition to or before a person. The act of making a re­quest for something.
A written request to have a certain quan­tity of land at or near a certain specified place. Biddle v. Dougal, 5/Bin. (Pa.) 151.
The use or disposition made of a thing.
A bringing together, in order to ascertain some relation or establish some connection;
as the application of a rule or principle to a case or fact
In insurance. The preliminary request declaration, or statement made by a party applying for an insurance on life, or against fire.
Of purchase money. The disposition made of the funds received by a trustee on a sale of real estate held under the trust
Of payments. Appropriation of a pay­ment to some particular debt; or the deter­mination to which of several demands a general payment made by a debtor to his creditor shall be applied.
APPLY. 1. To make a formal request or petition, usually in writing, to a court officer, board, or company, for the granting of some favor, or of some rule or order, which is within his or their power or dis­cretion. For example, to apply for an- in­junction, for a pardon, for a policy of in­surance.
2.To use or employ for a particular pur­pose; to appropriate and devote to a par­ticular use, object, demand, or subject-mat­ter. Thus, to apply payments to the reduc­tion of interest
3.To put, use, or refer, as suitable or rel­ative; to co-ordinate language with a par­ticular subject-matter; as to apply the words of a statute to a particular state of facts.
APPOINTEE. A person who is appoint­ed or selected for a particular purpose; as the appointee under a power is the person who is to receive the benefit of the power.
APPOINTMENT. In chancery prac­tice. The exercise of a right to designate the person or persons who are to take the use of real estate. 2 Washb. Real Prop. 302.
The act of a person in directing the dispo­sition of property, by limiting a use, or by substituting a new use for a former one, in pursuance of a power granted to him for that purpose by a preceding deed, called a "power of appointment;" also the deed or other instrument by which he so conveys.
Where the power embraces several per­mitted objects, and the appointment is made to one or more of them, excluding others, it is called "exclusive."
Appointment may signify an appropriation of money to a specific purpose. Harris ,v. Clark, 3 N. Y. 93, 119, 51 Am. Dec. 352.
In public law. The selection or designa­tion of a person, by the person or persons having authority therefor, to fill an office or public function and discharge the duties of the same. State v. New Orleans, 41 La Ann. 156, 6 South. 592; Wickersham v. Brit-tan, 93 Cal. 34, 28 Pac. 792, 15 L. R. A. 106; Speed v. Crawford, 3 Mete. (Ky.) 210.
The term "appointment" is to be distinguish­ed from "election." The former is an execu­tive act, whereby a person is named as the in-


cumbent of an office and invested therewith, by one or more individuals who have the sole pow­er and right to select and constitute the officer. Election means that the person is chosen by a principle of selection in the nature of a vote, participated in by the public generally or by the entire class of persons qualified to express their choice in this manner. See McPherson v. Blacker, 146 U. S. 1, 13 Sup. Ot. 3, 36 L. Ed. 869; State v. Compson, 34 Or. 25, 54 Pac 349; Reid v. Gorsuch, 67 N. J. Law, 396, 51 Atl. 457; State v. Squire, 39 Ohio St. 197; State v. Williams, 60 Kan. 837, 58 Pac. 476.
APPOINTOR. The person who appoints, or executes a power of appointment; as ap­pointee is the person to whom or in whose favor an appointment is made. 1 Steph. Comm. 506, 507; 4 Kent, Comm. 316.
One authorized by the donor, under the statute of uses, to execute a power. 2 Bouv. Inst. n. 1923.
APPORT. L. Fr. In old English law. Tax; tallage; tribute; imposition; payment; charge; expenses. Kelham.
APPORTIONMENT. The division, par­tition, or distribution of a subject-matter in proportionate parts. Co. Litt. 147; 1 Swanst 37, n.; 1 Story, Eq. Jur. 475a.
Of contracts. The allowance, in case of a severable contract, partially performed, of a part of the entire consideration propor­tioned to the degree in which the contract was carried out.
Of rent. The allotment of their shares in a rent to each of several parties owning It. The determination of the amount of rent to be paid when the tenancy is terminated at some period other than one of the regular intervals for the payment of rent Swint v. McCalmont Oil Co., 184 Pa. 202, 38 Atl. 1021, 63 Am. St Rep. 791; Gluck v. Balti­more, 81 fcld. 315, 32 Atl. 515, 48 Am. St. Rep. 515.
Of incumhrances. Where several per­sons are interested in an estate, apportion­ment, as between them, is the determination of the respective amounts which they shall contribute towards the removal of the in­cumbrance.
Of corporate shares. The pro tanto di­vision among the subscribers of the shares allowed to be issued by the charter, where more than the limited number have been subscribed for. Clarke v. Brooklyn Bank, 1 Edw. Ch. (N. Y.) 368; Haight v. Day, 1 Johns. Ch. (N. Y.) 18.
Of common. A division of the right of common between several persons, among whom the land to which, as an entirety, it first belonged has been divided.
Of representatives. The determination upon each decennial census of the number of representatives in congress which each state shall elect, the calculation being based up­on the population. See Const U. S. art 1, U
Of taxes. The apportionment of a tax consists in a selection of the subjects to be taxed, and in laying down the rule by which to measure the contribution which each of these subjects shall make to the tax. Bar-field v. Gleason, 111 Ky. 491, 63 S. W. 964.
APPORTS EN NATURE. In French law. That which a partner brings into the partnership other than cash; for instance, securities, realty or personalty, cattle, stock, or even his personal ability and knowledge. Argl. Fr. Merc. Law, 545.
APPORTUM. In old English law. The revenue, profit, or emolument which a thing brings to the owner. Commonly applied to a corody or pension. Blount.
APPOSAIi OF SHERIFFS. The charg­ing them with money received upon their account in the exchequer. St 22 & 23 Car. II.; Cowell.
APPOSER. An officer in the exchequer, clothed with the duty of examining the sher­iffs in respect of their accounts. Usually called the "foreign apposer." Termes de la Ley.
French law, an addition or annotation made In the margin of a writing. Merl. Repert
APPRAISE. In practice. To fix or set a price or value upon; to fix and state the true value of a thing, and, usually, in writ­ing. Vincent v. German Ins. Co., 120 Iowa, 272, 94 N. W. 458.
APPRAISEMENT. A just and true val­uation of property. A valuation set upon property under judicial or legislative author­ity. Cocheco Mfg. Co. v. Strafford, 51 N. H. 482.
APPRAISER. A person appointed by competent authority to make an appraise­ment, to ascertain and state the true value of goods or real estate.
—General appraisers. Appraisers appointed under an act of congress to afford aid and as­sistance to the collectors of customs in the ap­praisement of imported merchandise. Gibb v. Washington, 10 Fed. Cas. 288.—Merchant ap­praisers. Where the appraisement of an in­voice of imported goods made by the revenue officers at the custom house is not satisfactory to the importer, persons may be selected (under this name) to make a definitive valuation; they must be merchants engaged in trade. Auffmordt v. Hedden (C. C.) 30 Fed. 360; Oelberman v. Merritt (C. C.) 19 Fed. 408.
APPREHEND. To take hold of, wheth­er with the mind, and so to conceive, be­lieve, fear, dread, (Trogdon v. State, 133 Ind. 1, 32 N. E. 725;) or actually and bodily, and so to take a person on a criminal pro­cess ; to seize; to arrest, (Hogan v. Stophlet, 179 111. 150, 53 N. E. 604, 44 L. R. A. 809.)


APPREHENSIO. Lat In the civil and old English law. A taking hold of a person or thing; apprehension; the seizure or cap­ture of a person. Calvin.
One of the varieties or subordinate forms of occupatio, or the mode of acquiring title to things not belonging to any one.
APPREHENSION. In practice. The
seizure, taking, or arrest of a person on a criminal charge. The term "apprehension" is applied exclusively to criminal cases, and "arrest" to both criminal and civil cases. Cummings v. Clinton County, 181 Mo. 162, 79 S. W. 1127; Ralls County v. Stephens, 104 Mo. App. 115, 78 S. W. 291; Hogan v. Stoph-let, 179 111. 150, 53 N. E. 604, 44 L. R. A. 809.
In the civil law. A physical or corporal act, {corpus,) on the part of one who intends to acquire possession of a thing, by which he brings himself into such a relation to the thing that he may subject it to his ex­clusive control; or by which he obtains the physical ability to exercise his power over the thing whenever he pleases. One of the requisites to the acquisition of judicial pos­session, and by which, when accompanied by intention, (animus,) possession is acquir­ed. Mackeld. Rom. Law, §§ 248, 249, 250.
APPRENDRE. A fee or profit taken or received. Cowell.
APPRENTICE. A person, usually a minor, bound in due form of law to a mas­ter, to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. 1 Bl. Comm. 426; 2 Kent, Comm. 211; 4 Term, 735. Altemus r. Ely, 3 Rawle (Pa.) 307; In re Goodenough, 19 Wis. 274; Phelps v. Railroad Co., 99 Pa. 113; Lyon v. Whitemore, 3 N. J. Law, 845.
—Apprentice en la ley. An ancient name for students at law, and afterwards applied to counsellors, apprentici ad barras, from which comes the more modern word "barrister."
APPRENTICESHIP. A contract by which one person, usually a minor, called the "apprentice," is bound to another person, called the "master," to serve him during a prescribed term of years in his art, trade, or business, in consideration of being instruct­ed by the master in such art or trade, and (commonly) of receiving his support and maintenance from the master during such term.
The term during which an apprentice is to serve.
The status of an apprentice; the relation subsisting between an apprentice and his master.
APPRENTICES AD LEGEM. An ap­prentice to the law; a law student; a coun­sellor below the degree of Serjeant; a bar­rister. See Apprentice en i^a. Imt.
APPRIZING. In Scotch law. A form of process by which a creditor formerly took possession of the estates of the debtor in payment of the debt due. It is now super­seded by adjudications.
APPROACH. In international law. The right of a ship of war, upon the high sea, to visit another vessel for the purpose of ascertaining the nationality of the latter. 1 Kent, Comm. 153, note.
Scotch law. To approve and reject; to take advantage of one part, and reject the rest Bell. Equity suffers no person to approbate and reprobate the same deed. 1 Karnes, Eq. 317; 1 Bell, Comm. 146.
APPROPRIATE. 1. To make a thing one's own; to make a thing the subject of property; to exercise dominion over an ob­ject to tiie extent, and for vthe purpose, of making it subserve one's own proper use or pleasure. The term is properly used in this sense to denote the acquisition of property and a right of exclusive enjoyment in those things which before were without an owner or were publici juris. United States v. Nich­olson (D. C.) 12 Fed. 522; Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St Rep. 17; People v. Lammerts, 164 N. Y. 137, 58 N. E. 22.
2. To prescribe a particular use for par­
ticular moneys; to designate or destine a
fund or property for a distinct use, or for
the payment of a particular demand. White­
head v. Gibbons, 10 N. J. Eq. 235; State v.
Bordelon, 6 La. Ann: 68.
In its use with reference to payments or mon­eys, there is room for a distinction between this term and "apply." The former properly denotes the setting apart of a fund or pay­ment for a particular use or purpose, or the mental act of resolving that it shall be so em­ployed, while "apply" signifies the actual ex­penditure of the fund, or using the payment, for the purpose to which it has been appropriat­ed. Practically, however, the words are used interchangeably.
3. To appropriate is also used in the
sense of to distribute; in this sense it may
denote the act of an executor or adminis­
trator who distributes the estate of his de­
cedent among the legatees, heirs, or others
entitled, in pursuance of his duties and ac
cording to their respective rights.
APPROPRIATION. The act of appro­priating , or setting apart; prescribing the destination of a thing; designating the use or application of a fund.
In public law. The act by which the legislative department of government desig­nates a particular fund, or sets apart a spec­ified portion of the public revenue or of the money in the public treasury, to be ap­plied to some general object of governmental expenditure, (as the civil service list, etc>


or to some individual purchase or expense. State v. Moore, 50 Neb. 88, 69 N. W. 373, 61 Am. St Rep. 538; Clayton v. Berry, 27 Ark. 129.
When money is appropriated (i. e., set apart) for the purpose of securing the pay­ment of a specific debt or class of debts, or for an individual purchase or object of ex­pense, it is said to be specifically appropriat­ed for that purpose.
A specific appropriation is an act of the legislature by which a named sum of money has been set apart in the treasury, and de­voted to the payment of a particular de­mand. Stratton v. Green, 45 Cal. 149.
Appropriation of land. The act of se­lecting, devoting, or setting apart land for a particular use or purpose, as where land is appropriated for public buildings, military reservations, or other public uses. McSorley v. Hill, 2 Wash. St. 638, 27 Pac. 552; Mur-dock v. Memphis, 7 Cold. (Tenn.) 500; Jack­son v. Wilcox, 2 111. 360. Sometimes also applied to the taking of private property for public use in the exercise of the power of eminent domain. Railroad Co. v. Foltz (C. C) 52 Fed. 629; Sweet v. Rechel, 159 U. S. 380, 16 Sup. Ct. 43, 40 L. Ed. 188
Appropriation of water. An appropria­tion of water flowing on the public domain consists in the capture, impounding, or di­version of it from its natural course or channel and its actual application to some beneficial use private or personal to the ap-propriator, to the entire exclusion (or exclu­sion to the extent of the water appropriated) of all other persons. To constitute a valid appropriation, there must be an Intent to apply the water to some beneficial use exist­ing at the time or contemplated in the fu­ture, a diversion from the natural channel by means of a ditch or canal, or some oth­er open physical act of taking possession of the water, and an actual application of it within a reasonable time to some useful or beneficial purpose. Low v. Rizor, 25 Or 551, 37 Pac. 82; Clough v. Wing, 2 Ariz. 371, 17 Pac. 453; Offield v. Ish, 21 Wash 277, 57 Pac. 809; Reservoir Co. v. People, 8 Colo. 614, 9 Pac. 794; McCall v. Porter, 42 Or. 49, 70 Pac. 820; McDonald v. Mining Co., 13 Cal. 220.
Appropriation of payments. This means the application of a payment to the discharge of a particular debt. Thus, if a creditor has two distinct debts due to him from his debtor, and the latter makes a general payment on account, without speci­fying at the time to which debt he intends the payment to apply, It is optional for the creditor to appropriate (apply) the payment to either of the two debts he pleases. Gwin t. McLean, 62 Miss. 121; Martin v. Draher, 5 Watts (Pa.) 544.
In English ecclesiastical lair. The perpetual annexing of a benefice t6 some spiritual corporation either sole or aggregate,
Bl.Law Dict.(2d Ed.)—6
being the patron of the living. 1 Bl. Comm. 384; 3 Steph. Comm. 70-75; 1 Crabb, Real Prop. p. 144, § 129. Where the annexation is to the use of a lay person, it is usually call­ed an "impropriation." 1 Crabb, Real Prop. p. 145, § 130.
APPROPRIATOR. One who makes an appropriation; as, an appropriator of wa­ter. Lux v. Haggin, 69 Cal. 255, 10 Pac. 736.
In English ecclesiastical law. A spirit­ual corporation entitled to the profits of a benefice.
APPROVAL. The act of a judge or magistrate in sanctioning and accepting as satisfactory a bond, security, or other in­strument which is required by law to pass his inspection and receive his approbation before it becomes operative.
APPROVE. To take to one's proper'and separate use. To improve; to enhance the value or profits of anything. To inclose and cultivate common or waste land.
To approve common or waste land is to inclose and convert it to the purposes of hus­bandry, which the owner might always do, provided he left common sufficient for such as were entitled to it. St. Mert. c. 4; St. Westm. 2, c. 46; 2 Bl. Comm. 34; 3 Bl. Comm. 240; 2 Steph. Comm. 7; 3 Kent, Comm. 406.
In old criminal law. To accuse or prove; to accuse an accomplice by giving evidence against him.
Notes indorsed by another person than the maker, for additional security.
APPROVEMENT. By the common law, approvement is said to be a species of con­fession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the fact before plea pleaded, and appeals or .accuses others, his accomplices in the same crime, in order to obtain his own pardon. In this case he is called an "ap­prover," or "prover," "probator," and the party appealed or accused is called the "ap­pellee." Sucli approvement can only be in capital offenses, and it is, as it were, equiva­lent to an indictment, since the appellee is equally called upon to answer it. Gray v. People, 26 111. 344; Whiskey Cases, 99 U S. 599, 25 L. Ed. 399: State v. Graham, 41 N. J. Law, 15, 32 Am. Rep. 174.
APPROVER. L. Fr. To approve or prove; to vouch. Kelham.
APPROVER, n. In real property law.
Approvement; improvement. "There can be no approver in derogation of a right of com­mon of turbary." 1 Taunt 435.


In criminal law. An accomplice in crime who accuses others of the same offense, and is admitted as a witness at the discretion of the court to give evidence against his companions in guilt. He is vulgarly called "Queen's Evidence."
He is one who confesses himself guilty of felony and accuses others of the same crime to save himself from punishment. Myers v. People, 26 111. 175.
In old English, law. Certain men sent into the several counties to increase the farms (rents) of hundreds and wapentakes, which formerly were let at a certain value to the sheriff. Cowell.
Bailiffs of lords in their franchises. Sher­iffs were called the king's "approvers" in 1 Edw. III. st. 1, c. 1. Termes de la Ley, 49.
Approvers in the Marches were those who had license to sell atod purchase beasts there.
APFKUABE. To take to one's use or profit. Cowell.
APPULSUS. In the civil law. A driv­ing to, as of cattle to water. Dig. 8, 3, 1, 1.
APPURTENANCE. That which belongs to something else; an adjunct; an append­age; something annexed to another thing more worthy as principal, and which passes as incident to it, as a right of way or other easement to land; an out-house, barn, gar­den, or orchard, to a house or messuage. Meek v. Breckenridge, 29 Ohio St 642; Har­ris v. Elliott, 10 Pet. 54, 9 I* Ed. 333; Humphreys v. McKissock, 140 U. S. 304, 11 Sup. Ct. 779, 35 L. Ed. 473; Farmer v. Wa­ter Co., 56 Cal. 11.
Appurtenances of a ship include whatever is on board a ship for the objects of the voy­age and adventure in which she is engaged, belonging to her owner.
Appurtenant is substantially the same in meaning as accessory, but it is more technic­ally used in relation to property, and is the more appropriate word for a conveyance.
APPURTENANT. Belonging to; acces­sory or incident to; adjunct, appended, or annexed to; answering to accessorium in the civil law. 2 Steph. Comm. 30 note.
A thing is deemed to be incidental or ap­purtenant to land when it is by right used with the land for its benefit, as in the case of a way, or water-course, or of a passage for light, air, or heat from or across the land of another. Civil Code Cal. § 662.
In common speech, appurtenant denotes an­nexed or belonging to; but in law it denotes an annexation which is of convenience mere­ly and not of necessity, and which may have had its origin at any time, in both which re­spects it is distinguished from appendant, (q v.)
APROVECHAMIENTO. In Spanish law. Approvement, or improvement and en­joyment of public lands. As applied to pueb­lo lands, it has particular reference to the commons, and Includes not only the actual enjoyment of them but a right to such enjoy­ment. Hart v. Burnett, 15 CaL 530, 566.
APT. Fit; suitable; appropriate.
—Apt time. Apt time sometimes depends up­on lapse of time; as, where a thing is required to be done at the first term, or within a given time, it cannot be done afterwards. But the phrase more usually refers to the order of pro­ceedings, as fit or suitable. Pugh v. York, 74 N. C. 383 —Apt words. Words proper to pro­duce the legal effect for which they are intend­ed; sound technical phrases.
APT A VIRO. Fit for a husband; mar­riageable; a woman who has reached mar­riageable years.
APUD ACTA. Among the acts; among the recorded proceedings. In the civil law, this phrase is applied to appeals taken orally, in the presence of the judge, at the time of judgment or sentence.
AQUA. In the civil and old English law. Water; sometimes a stream or water-course.
—Aqua sestiva. In Roman law. Summer water; water that was used in summer only Dig. 43, 20, 1, 3, 4—Aqua currens. Running water.—Aqua dulcis, or frisca. Fresh wa­ter. Reg. Orig. 97; Bract fols. 117, 135.— Aqua f ontanea. Spring water. Fleta, lib. 4, c. 27, § 8.—Aqua profluens. Flowing or run­ning water. Dig. 1, 8, 2.—Aqua quotidiana. In Roman law. Daily water; water that might be drawn at all times of the year, (qua quts quotidie possit uti, si vellet.) Dig. 43, 20, 1-4. —Aqua salsa. Salt water.
Aqua cedit solo. Water follows the land. A sale of land will pass the water which covers it. 2 Bl. Comm. 18; Co. Litt 4.
Aqua currit et debet ourrere, ut cur-rere solebat. Water runs, and ought to run, as it has used to run. 3 Bulst 339; 3 Kent, Comm. 439. A running stream should be left to flow in its natural channel, without alteration or diversion. A fundamental max­im in the law of water-courses.
AQUiE DUCTUS. In the civil law. A servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. Dig. 8, 3, 1; Inst. 2, 3.
AQUiE HAUSTUS. In the civil law. A servitude which consists in the right to draw water from the fountain, pool, or spring of another. Inst 2, 3, 2; Dig. 8, 3, 1, 1.
AQU.K IMMITTENDJE. A civil law easement or servitude, consisting in the right of one whose house is surrounded with other buildings to cast waste water upon the adja­cent roofs or yards. Similar to the common


law easement of drip. Bellows t. Sackett, 15 Barb. (N. Y.) 96.
AQUAGIUM. A canal, ditch, or water­course running through marshy grounds. A mark or gauge placed in or on the banks of a running stream, to indicate the height of the water, was called "aquagaugium." Spel-man.
AQUATIC RIGHTS. Rights which indi­viduals have to the use of the sea and rivers, for the, purpose of fishing and navigation, and also to the soil in the sea and rivers.
ARABANT. They plowed. A term of feudal law, applied to those who held by the tenure of plowing and tilling the lord's lands within the manor. Cowell.
ARAHO. In feudal law. To make oath in the church or some other holy place. All oaths were made in the church upon the rel­ics of saints, according to the Ripuarian laws. Oowell; Spelman.
ARALIA. Plow-lands. Land fit for the plow. Denoting the character of land, rath­er than its condition. Spelman.
ARATOR. A plow-man; a farmer of ara­ble land.
ARATRUM TERRiE. In old English law. A plow of land; a plow-land; as much land as could be tilled with one plow. Whis-haw.
ARATURA TERRiE. The plowing of land by the tenant, or vassal, in the service of his lord. Whishaw.
ARATURIA. Land suitable for the plow; arable land. Spelman.
ARBITER. A person chosen to decide a controversy; an arbitrator, referee.
A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his own discretion, so that it be according to the judgment of a sound man. Cowell.
According to Mr. Abbott, the distinction is as follows: "Arbitrator" is a technical name of a person selected with reference to an established system for friendly determination of controver­sies, which, though not judicial, is yet regulated by law; so that the powers and duties of the arbitrator, when once he is chosen, are prescrib­ed by law, and. his doings may be judicially revised if he has exceeded his authority. "Arbi­ter" is an untechnical designation of a person to whom a controversy is referred, irrespective of any law to govern the decision; and is the proper word to signify a referee of a question outside of or above municipal law.
But it is elsewhere said that the distinction between arbiters and arbitrators is not observed in modern law. Russ. Arb. 112.
In the Roman law. A judge Invested with a discretionary power. A person ap-
pointed by the praetor to examine and decide that class of causes or actions termed "bonce fidei," and who had the power of judging ac­cording to the principles of equity, (ex wquo et bono;) distinguished from the judex, (q. v.,) who was bound to decide according to strict law. Inst 4, 6, 30, 31.
ARBITRAMENT. The award or deci­sion of arbitrators upon a matter of dispute, which has been submitted to them. Termes de la Ley.
—Arbitrament and award. A plea to an action brought for the same cause which had been submitted to arbitration and on which an award had been made. Wats. Arb. 256.
Arbitramentum sequum tribnit cuiqne suum. A just arbitration renders to every one his own. Noy, Max. 248.
ARBITRARY. Not supported by fair, solid, and substantial cause, and without rea­son given. Treloar v. Bigge, L. R. 9 Exch. 155.
—Arbitrary government. The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter depends on the will of the depart­ments or some of them. Kamper v. Hawkins, 1 Va. Cas. 20, 23.—Arbitrary punishment. That punishment which is left to the decision of the judge, in distinction from those defined by statute.
ARBITRATION. In practice. The in­vestigation and determination of a matter or matters of difference between contending par­ties, by one or more unofficial persons, chos­en by the parties, and called "arbitrators," or "referees." Duren v. Getchell, 55 Me. 241; Henderson v. Beaton; 52 Tex. 43; Boy-den v. Lamb, 152 Mass. 416, 25 N. E. 609; In re Curtis-Castle Arbitration, 64 Conn. 501, 30 Atl. 769, 42 Am. St. Rep. 200.
Compulsory arbitration is that which takes place when the consent of one of the parties is enforced by statutory provisions.
Voluntary arbitration is that which takes place by mutual and free consent of the par­ties.
In a wide sense, this term may embrace the whole method of thus settling controver­sies, and thus include all the various steps. But in more strict use, the decision is sepa­rately spoken of, and called an "award," and the "arbitration" denotes only the submis­sion and hearing.
—Arbitration clanse. A clause inserted in a contract providing for compulsory arbitration in case of dispute as to rights or liabilities un­der it; ineffectual if it purports to oust the courts of jurisdiction entirely., See Perry v. Cobb, 88 Me 435, 34 Atl. 278, 49 L. R. A. 389. —Arbitration of exchange. This takes place where a merchant pays his debts in one country by a bill of exchange upon another.
ARBITRATOR. A private, disinterested person, chosen by the parties to a disputed


question, for the purpose of bearing their contention, and giving judgment between them; to whose decision (award) the litigants submit themselves either voluntarily, or, in some cases, compulsorily, by order of a court. Gordon v. U. S., 7 Wall. 195, 19 L. Ed. 35; Mobile v. Wood (C. O.) 95 Fed. 538; Burchell v. Marsh, 17 How. 349, 15 L. Ed. 96; Miller v. Canal Co., 53 Barb. (N. Y.) 595; Fudickar v. Insurance Co., 62 N. Y. 399.
"Referee" is of frequent modern use as a synonym of arbitrator, but is in its origin of broader signification and less accurate than arbitrator.
ARBITRIOS. In Spanish and Mexican law. Taxes imposed by municipalities on certain articles of merchandise, to defray the general expenses of government, in default of revenues from "proprios," i. e., lands own­ed by the municipality, or the income of which was legally set apart for its support. Sometimes used in a wider sense, as mean* ing the resources of a town, including its privileges in the royal lands as well as the taxes. Escriche Diet.; Sheldon v. Milmo, 90 Tex. 1, 36 S. W. 413.
ARBITRIUM. The decision of an arbi­ter, or arbitrator; an award; a judgment.
Arbitrium est judicium. An award is a judgment Jenk. Cent 137.
Arbitrium est judicium boui viri, se­cundum sequum et bouum. An award is the judgment of a good man, according to justice. 3 Bulst 64.
ARBOR. Lat A tree; a plant; some­thing larger than an herb; a general term including vines, osiers, and even reeds. The mast of a ship. Brissonius. Timber. Ains-worth; Calvin.
ARBOR CONSANGUINITATIS. A ta­ble, formed in the shape of a tree, showing the genealogy of a family. See the arbor civilis of the civilians and canonists. Hale, Com. Law, 335.
Arbor dum crescit, lignum cum ores-cere nescit. [That which is] a tree while it grows, [is] wood when it ceases to grow. Cro. Jac. 166; Hob. 776, in marg.
ARBOR HNALIS. In old English law. A "boundary tree; a tree used for making a boundary line. Bract, fols. 167, 207&.
ARCA. Lat In the civil law. A chest or coffer; a place for keeping money. Dig. 30, 30, 6; Id. 32, 64. Brissonius.
ARCANA IMPERII. State secrets. 1 Bl. Comm. 337.
ARCARIUS. In civil and old English law. A treasurer; a keeper of public money. Cod. 10, 70, 15; Spelman.
ARCHAIONOMIA. A collection of Sax­on laws, published during the reign of Queen Elizabeth, in the Saxon language, with a Latin version by Lambard.
ARCHBISHOP. In English ecclesias­tical law. The chief of the clergy in his province, having supreme power under the king or queen in all ecclesiastical causes.
ARCHDEACON. A dignitary of the Anglican church who has ecclesiastical juris­diction immediately subordinate to that of the bishop, either throughout the whole of his diocese or in some particular part of it.
ARCHDEACON'S COURT. In English ecclesiastical law. A court held before a judge appointed by the archdeacon, and call­ed his official. Its jurisdiction comprises the granting of probates and administrations, and ecclesiastical causes in general, arising within the archdeaconry. It is the most In­ferior court in the whole ecclesiastical polity of England. 3 Bl. Comm. 64; 3 Steph. Comm. 430.
ARCHDEACONRY. A division of a diocese, and the circuit of an archdeacon's jurisdiction.
ARCHERY. In feudal law. »A service of keeping a bow for the lord's use In the de­fense of his castle. Co. Litt 157.
ARCHES COURT. In English ecclesi­astical law. A court of appeal belonging to the Archbishop of Canterbury, the judge of which is called the "Dean of the Arches," 'because his court was anciently held in the church of Saint Mary-le-Bow, (Sancta Maria de Arcubus,) so named from the steeple, which is raised upon pillars built archwise The court was until recently held in the hall belonging to the College of Civilians, com­monly called "Doctors' Commons." It is now held in Westminster Hall. Its proper juris­diction is only over the thirteen peculiar par­ishes belonging to the archbishop in London, but, the office of Dean of the Arches having been for a long time united with that of the archbishop's principal official, the Judge of the Arches, in right of such added office, It receives and determines appeals from the sentences of all inferior ecclesiastical courts within the province. 3 Bl. Comm. 64.
ARCHETYPE. The original copy.
ARCHICAPEIXANUS. L. Lat. In old European law. A chief or high chancellor, (summits cancellarius.) Spelman.
ARCHIVES. The Rolls; any place where ancient records, charters, and evidences are kept In libraries, the private depository. Co well; Spelman.
The derivative meaning of the word (now the more common) denotes the writings them-


selves thus preserved; thus we say the ai> chives of a college, of a monastery, a public office, etc. Texas M. Ry. Co. v. Jarvis, 69 Tex. 537, 7 S. W. 210; Guillbeau v. Mays, 15 Tex. 410.
ARCHIVIST. The custodian of archives.
Lat. In strict and safe custody or keeping. When a defendant is arrested on a capias ad satisfaciendum, (ca. sa.,) he is to be kept arcta et salva custodi. 3 Bl. Comm. 415.
ARDENT SPIRITS. Spirituous or dis­tilled liquors. Sarlls v. U. S., 152 U. S. 570, 14 Sup. Ct. 720, 38 L. Ed. 556; U. S. v. Ellis (D. C.) 51 Fed. 808; State v. Townley, 18 N. J. Law, 311. This phrase, in a statute, does not include alcohol, which is not a liquor of any kind. State v. Martin, 34 Ark. 340.
ARDOUR. In old English law. An in­cendiary; a house burner.
ARE. A surface measure in the French law, in the form of a square, equal to 1076.441 square feet.
AREA. An inclosed yard or opening In a house; an open place adjoining a house. 1 Chit. Pr. 176.
In the civil law. A vacant space In a city; a place not built upon. Dig. 50, 16, 211.
The site of a house; a site for building; the space where a house has stood. The ground on which a house is built, and which remains after the house is removed. Bris-sonius; Calvin.
ARENALES. In Spanish law. Sandy beaches; or grounds on the banks of rivers. White, Recop. b. 2, tit 1, c. 6.
ARENDATOR. A farmer or renter; in some provinces of Russia, one who farms the public rents or revenues;' a "crown arenda-tor" is one who rents an estate belonging to the crown.
ARENIFODINA. In the civil law. A sand-pit. Dig. 7, 1, 13, 5.
ARENTARE. Lat. To rent; to let out at a certain rent Cowell. Arentatio. A renting.
AREOPAGITE. In ancient Greek law. A lawyer or chief judge of the Areopagus in capital matters in Athens; a tribunal so called after a hill or slight eminence, in a street of that city dedicated to Mars, where the court was held in which those judges were wont to sit. Wharton.
ARETRO. In arrear; behind. Also written a retro.
ARG. An abbreviation of arguendo. ARGENT. In heraldry. Silver.
ARGENTARIT7S. In the Roman law, a money lender or broker; a dealer in money; a banker. Argentarium, the instrument of the loan, similar to the modern word "bond" or "note."
ARGENTARIUS MILES. A money porter in the English exchequer, who carries the money from the lower to the upper ex­chequer to be examined and tested. Spel-
ARGENTEUS. An old French coin, an­swering nearly to the English shilling. Spelman.
ARGENTUM. Silver; money.
—Argentum album. Bullion; uncoined sil­ver ; common silver coin.; silver coin worn smooth. Cowell; Spelman.—Argentum Dei. God's money; God's penny; money given as earnest in making a bargain. Cowell.
ARGUENDO. In arguing; in the course of the argument. A statement or observa­tion made by a judge as a matter of argu­ment or illustration, but not directly bearing upon the case at bar, or only incidentally in­volved in it, is said (in the reports) to be made arguendo, or, in the abbreviated form, org.
ARGUMENT. In rhetoric and logic, an inference drawn from premises, the truth of which is indisputable, or at least highly prob­able.
The argument of a demurrer, special case, ap­peal, or other proceeding involving a question of law, consists of the speeches of the opposed counsel; namely, the "opening" of the counsel having the right to begin, (q. v.,) the speech of his opponent, and the "reply" of the first coun­sel. It answers to the trial of a question, of fact. Sweet. But the submission of printed briefs may technically constitute an argument. Malcomb v. Hamill, 65 How. Prac. (N. Y.) 506; State v. California Min. Co., 13 Nev. 209.
An argument arising from the inconvenience which the proposed construction of the law would create.
ARGUMENTATIVE. In pleading. In­direct; inferential. Steph. PI. 179.
A pleading is so called in which the state­ment on which the pleader relies Is implied instead of being expressed, or where it con­tains, in addition to proper statements of facts, reasoning or arguments upon those facts and their relation to the matter in dis­pute, such as should be reserved for presen­tation at the trial.
Argumentum a commnniter acciden-tilras in jure frequens est. An argument


drawn from things commonly happening Is frequent in law. Broom, Max. 44.
Argnmentnm a divisions est fortissi-
mum in jure. An argument from division [of the subject] is of the greatest force in law. Co. Litt 2136; 6 Coke, 60.
Argnmentnm a major! ad minus neg­ative non valet; valet e converse An
argument from the greater to the less Is of no force negatively; affirmatively it is. Jenk. Cent 281.
Argnmentnm a simili valet in lege.
An argument from a like case (from analogy) is good in law. Co. Litt. 191.
Argnmentnm ab anctoritate est for-tissimnm in lege. An argument from au­thority is the strongest in the law. "The book cases are the best proof of what the law is." Co. Litt 254a.
Argnmentnm ab impossibili valet in lege. An argument drawn from an impos­sibility is forcible in law. Co. Litt. 92a.
Argnmentnm ab inconvenient! est validnm in lege; qnia lex non permit-tit aliquod inconveniens. An argument drawn from what is inconvenient is good in law, because the law will not permit any in­convenience. Co. Litt. 66a, 258.
Argnmentnm ab inconvenient! pluri-mnm valet [est validnm] in lege. An
argument drawn from inconvenience is of the greatest weight [is forcible] in law. Co. Litt. 66a, 97a, 1526, 2586; Broom, Max. 184. If there be in any deed or instrument equivocal expressions, and great inconven­ience must necessarily follow from one con­struction, it is strong to show that such con­struction is not according to the true inten­tion of the grantor; but where there is no equivocal expression in the instrument, and the words used admit only of one meaning, arguments of inconvenience prove only want of foresight in the grantor. 3 Madd. 540; 7 Taunt. 496.
ABIBANNUM. In feudal law. A fine for not setting out to join the army in obedi­ence to the summons of the king.
edict of the ancient kings of France and Germany, commanding all their vassals, the noblesse, and the vassals' vassals, to enter the army, or forfeit their estates on refusal. Spelman.
ARIMANNI. A mediaeval term for a class of agricultural owners of small allodial farms, which they cultivated in connection with larger farms belonging to their lords. paying rent and service for the latter, and
being under the protection of their superiors. Military tenants holding lands from the em­peror. Spelman.
ARISTOCRACY. A government in which a class of men rules supreme.
A form of government which is lodged In a council composed of select members or ndbles, without a monarch, and exclusive of the people.
A privileged class of the people; nobles and dignitaries; people of wealth and sta­tion.
ARISTO-DEMOCRACY. A form of government where the power Is divided be­tween the nobles and the people.
ARLES. Earnest. Used in Yorkshire in the phrase "Aries-penny." Cowell. In Scot­land it has the same signification. Bell.
ARM OF THE SEA. A portion of the sea projecting inland, in which the tide ebbs and flows. 5 Coke, 107.
An arm of the sea is considered as extend­ing as far into the interior of a country as the water of fresh rivers is propelled back­wards by the Ingress of the tide. Ang. Tide-Waters, 73; Hubbard v. Hubbard, 8 N. Y. 196; Adams v. Pease, 2 Conn. 484; U. S. v. Grush, 5 Mason, 290, Fed. Cas. No. 15,268; Ex parte Byers (D. C.) 32 Fed. 404.
ARM A. Lat. Arms; weapons, offensive and defensive; armor; arms or cognizances of families.
—Anna Dare. To dub or make a knight.— Anna molnta. Sharp weapons that cut, in contradistinction to such as are blunt, which only break or bruise. Fleta, lib. 1, c. 33, par., 6.—Arma reversata. Reversed arms, a pun­ishment for a traitor or felon. Cowell.
Arma in armatos sumere jura sinnnt.
The laws permit the taking up of arms against armed persons. 2 Inst 574.
ARMATA VIS. In the civil law. Armed force. Dig. 43, 16, 3; Fleta, lib. 4, c. 4.
ARMED. A vessel Is "armed" when she is fitted with a full armament for fighting purposes. She may be equipped for warlike purposes, without being "armed." By "arm­ed" it is ordinarily meant that she has can­non, but if she had a fighting crew, muskets, pistols, powder, shot, cutlasses, and boarding appliances, she might well be said to be equipped for warlike purposes, though not armed. 2 Hurl. & C. 537; Murray v. The Charming Betsy, 2 Cranch, 121, 2 L. Ed. 208.
ARMIGER. An armor-bearer; an es­quire. A title of dignity belonging to gen­tlemen authorized to bear arms. Cowell.
In its earlier meaning, a servant who car­ried the arms of a knight. Spelman.
A tenant by scutage; a servant or valet;


applied, also, to the higher servants In con­vents. Spelman.
ARMISCARA. An ancient mode of pun­ishment, which was to carry a saddle at the back as a token of subjection. Spelman.
ARMISTICE. A suspending or cessation of hostilities between belligerent nations or forces for a considerable time.
ARMORIAL BEARINGS. In English law. A device depicted on the (now imagi­nary) shield of one of the nobility, of which gentry is the lowest degree. The criterion of nobility is the bearing of arms, or armorial bearings, received from ancestry.
A r m o r u m appellatione, non solum scuta et gladil et galeae, sed et fustes ei lapides continentur. Under the name of arms are included, not only shields and swords and helmets, but also clubs and stones. Co. Litt. 162.
ARMS. Anything that a man wears for his defense, or takes in his hands, or uses in his anger, to cast at or strike at another. Co. Litt. 161b, 162a; State v. Buzzard, 4 Ark. 18.
This term, as it is used in the constitution, relative to the right of citizens to bear arms, refers to the arms of a militiaman or soldier, and the word is used in its military sense. The arms of the infantry soldier are the mus­ket and bayonet; of cavalry and dragoons, the sabre, holster pistols, and carbine; of the artillery, the field-piece, siege-gun, and mortar, with side arms. The term, in this connection, cannot be made to cover such weapons as dirks, daggers, slung-shots, sword-canes, brass knuckles, and bowie-knives. These are not military arms. English V. State, 35 Tex. 476, 14 Am. Rep. 374; Hill v. State, 53 Ga. 472; Fife v. State, 31 Ark. 455, 25 Am. Rep. 556; Andrews v. State, 3 Heisk. (Tenn.) 179, 8 Am. Rep. 8; Aymette v. State, 2 Humph. (Tenn.) 154.
Arms, or coat of arms, signifies insignia, i. e., ensigns of honor, such as were formerly assumed by soldiers of fortune, and painted on their shields to distinguish them; or nearly the same as armorial bearings, (q. v.)
ARMY. The armed forces of a nation in­tended for military service on land.
"The term 'army' or 'armies' has never been used by congress, so far as I am advised, so as to include the navy or marines, and there is nothing in the act of 1862, or the circumstan­ces which led to its passage, to warrant the con­clusion that it was used therein in any other than its long established and ordinary sense,— the land force, as distinguished from the navy and marines." In re Bailey, 2 Sawy. 205, Fed. Cas. No. 728. But see In re Stewart, 7 Rob. (N. Y.) 636.
AROMATARITJS. A word formerly used for a grocer. 1 Vent. 142.
ARPEN, Arpent. A measure of land of uncertain quantity mentioned in Domesday and other old books; by some called an "acre," by others "half an acre," and by others a "furlong." Spelman; Cowell; Blount.
A French measure of land, containing one hundred square perches, of eighteen feet each, or about an acre. But the quantity varied in different provinces. Spelman.
In Louisiana, the terms "arpent" and "acre" are sometimes used interchangeably; but there is a considerable difference, the arpent being the square of 192 feet and the acre of 209 and a fraction. Randolph v. Sentilles, 110 La. 419, 34 South. 587.
ARPENTATOR. A measurer or survey­or of land. Cowell; Spelman.
ARRA. In the civil law. Earnest; earn­est-money; evidence of a completed bargain. Used of a contract of marriage, as well as any other. Spelled, also, Arrha, Arrw. Cal­vin.
ARRAIGN. In criminal practice. To
bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, and reading to him the indictment, (in the Eng­lish tongue,) and demanding of him whether he be guilty or not guilty, and entering his plea. Grain v. United States, 162 U. S. 625, 16 Sup. Ct. 952, 40 L. Ed. 1097; Early v. State, 1 Tex. App. 248, 268, 28 Am. Rep. 409; State v. Braunschweig, 36 Mo. 397; "White*. head v. Com., 19 Grat. (Va.) 640; United States v. McKnight (D. C.) 112 Fed. 982; State v. Hunter, 181 Mo. 316, 80 S. W. 955; State v. De Wolfe, 29 Mont. 415, 74 Pac. 1084.
In old English law. To order, or set in order; to conduct in an orderly manner; to prepare for trial. To arraign an assise was to cause the tenant to be called to make the plaint, and to set the cause in such order as the tenant might be enforced to answer there­unto. Litt § 442; Co. Litt. 2626.
ARRAIGNMENT. In criminal practice. Calling the defendant to the bar of the court, to answer the accusation contained in the indictment.
ARRAIGNS, CLERK OF. In English law. An assistant to the clerk of assise.
ARRAMETJR. In old French law. An officer employed to superintend the loading of vessels, and the safe stowage of the cargo. 1 Pet. Adm. Append. XXV.
ARRAS. In Spanish law. The donation which the husband makes to his wife, by rea­son or on account of marriage, and in con­sideration of the dote, or portion, which he receives from her. Miller v. Dunn, 62 Mo. 219; Cutter v. Waddingham, 22 Mo. 254.


ARRAY. The whole body of Jurors sum­moned to attend a court, as they are arrayed or arranged on the panel. Dane, Abr. In­dex; 1 Chit. Crim. Law, 536; Com. Dig. "Challenge," B, Durrah v. State, 44 Miss. 789.
A ranking, or setting forth in order; the order in which jurors' names are ranked in the panel containing them. Co. Litt. 156a; 3 Bl. Comm. 359.
ARREARS, or ARREARAGES. Money unpkid at the due time, as rent behind; the remainder due after payment of a part of an account; money in the hands of an account­ing party. Cowell; Hollingsworth v. Willis, 64 Miss. 152, 8 South. 170; Wiggin v. Knights of Pythias (C. C.) 31 Fed. 122; Condit v. Neighbor, 13 N. J. Law, 92.
ARREGT. To accuse or charge with an offense. Arrectati, accused or suspected per­sons.
ARRENDAMIENTO. In Spanish law. The contract of letting and hiring an estate or land, (heredad.) White, Itecop. b. 2, tit. 14, c. 1.
ARRENT. In old English law. To let or demise at a fixed rent. Particularly used with reference to the public domain or crown lands; as where a license was granted to inclose land in a forest with a low hedge and a ditch, under a yearly rent, or where an encroachment, originally a purpresture, was allowed to remain on the fixing and payment of a suitable compensation to the public for its maintenance.
ARREST. In criminal practice. The
stopping, seizing, or apprehending a person by lawful authority; the act of laying hands upon a person for the purpose of taking his body into custody of the law ; the restraining of the liberty of a man's person in order to compel obedience to the order of a court of justice, or to prevent the commission of a crime, or to insure that a person charged or suspected of a crime may be forthcoming to answer it French v. Bancroft, 1 Mete. (Mass.) 502; Emery v. Chesley, 18 N. H. 201; U. S. v. Benner, 24 Fed. Cas. 1084; Rhodes v. Walsh, 55 Minn. 542, 57 N. W. 212, 23 L. R. A. 632; Ex parte Sherwood, 29 Tex. App. 334, 15 S. W. 812.
Arrest is well described in the old books as "the beginning of imprisonment, when a man is first taken and restrained of his liber­ty, by power of a lawful warrant." 2 Shep. Abr. 299; Wood, Inst Com. Law, 575.
In civil practice. The apprehension of a person by virtue of a lawful authority to answer the demand against him in a civil ac­tion.
In admiralty practice. In admiralty ac­tions a ship or cargo is arrested when the
marshal has served the writ In an action in rem. Williams & B. Adm. Jur. 193; Pelham v. Rose, 9 Wall. 103, 19 L. Ed. 602.
Synonyms distinguished. The term "ap­prehension" seems to be more peculiarly ap­propriate to seizure on criminal process; while "arrest" may apply to either a civil or criminal action, but is perhaps better con­fined to the former. Montgomery County v. Robinson, 85 111. 176.
As ordinarily used, the terms "arrest" and "at­tachment" coincide in meaning to some extent, though in strictness, as a distinction, an arrest may be said to be the act resulting from the service of an attachment; and, in the more ex­tended sense which is sometimes given to attach­ment, including the act of taking, it would seem to differ from arrest, in that it is more peculiar­ly applicable to a taking of property, while arrest is more commonly used in speaking of persons. Bouvier.
By arrest is to be understood to take the par­ty into custody. To commxt is the separate and distinct act of carrying the party to prison, aft­er having taken him into custody by force of the execution. French v. Bancroft, 1 Mete. (Mass.) 502.
—Arrest of inquest. Pleading in arrest of taking the inquest upon a former issue, and showing cause why an inquest should not he taken.—Arrest of judgment. In practice. The act of staying a judgment, or refusing to render judgment in an action at law, after ver­dict, for some matter intrinsic appearing on the face of the record, which would render the judg­ment, if given, erroneous or reversible. 3 Bl. Comm. 393; 3 Steph. Comm. 628; 2 Tidd, Pr. 918; Browning v. Powers, 142 Mo. 322, 44 S. W. 224; People v. Kelly, 94 N. Y. 526; Byrne v. Lynn, 18 Tex. Civ. App. 252, 44 S. W. 311. —Malicious arrest. An arrest made willfully and without probable cause,' but in the course of a regular proceeding.—Parol arrest. One ordered by a judge or magistrate from the bench, without written complaint or other pro­ceedings, of & person who is present before him, and which is executed on the spot; as in case of breach of the peace in open court.—War­rant of arrest. A written order issued and signed by a magistrate, directed to a peace of­ficer or some other person specially named, and commanding him to arrest the body of a person named in it, who is accused of an offense. Brown r. State, 109 Ala. 70, 20 South. 103.
ARRESTANDIS BONIS NE DISSI-PENTUR. In old English law. A writ which lay for a person whose cattle or goods were taken by another, who during a contest was likely to make away with them, and who had not the ability to render satisfaction. Reg. Orig. 126.,
ARRESTANDO EPSTJM QUI PECU-NIAM RECEPIT. In old English law. A writ which issued for apprehending a person who had taken the'king's prest money to-serve in the wars, and then hid himself In order to avoid going.
ARRESTATIO. In old English law. An arrest, (g. v.)
ARRESTEE. In Scotch law. The per­son in whose hands the movables of another, or a debt due to another, are arrested by the-


creditor of the latter by the process of arrest' merit. 2 Karnes, Eq. 173, 175.
ARRESTER. In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst 3, 6, L
ARRESTMENT. In Scotch law. Secur­ing a criminal's person till trial, or that of a debtor till he give security judicio sisti. The order of a judge, by which he who is debtor In a movable obligation to the arrester's debt­or is prohibited to make payment or delivery till the debt due to the arrester be paid or secured. Ersk. Inst 3, 6, 2.
FUNDANDiE CAUSA. In Scotch law. A process to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a foreigner's goods within the jurisdiction, and these will not be releas­ed unless caution or security be given.
In old English law. A writ against the goods of aliens found within this kingdom, in rec­ompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg. Orig. 129. The ancient civilians called it "clarigatio" but by the moderns it is term­ed "reprisalia."
ARRET. Fr. A judgment, sentence, or ?decree of a court of competent jurisdiction. The term is derived from the French law, and is used in Canada and Louisiana. Saisie arrest is an attachment of property in the hands of a third person. Code Prac. La. art. 209; 2 Low. Can. 77; 5 Low. Can. 198, 218.
ARRETTED. Charged; charging. The convening a person charged with a crime be­fore a judge. Staundef. P. C. 45. It is used sometimes for imputed or laid unto; as no folly may be arretted to one under age. Cowell.
ARRHABO. In the civil law. Earnest; money given to bind a bargain. Calvin.
ARRHJE. In the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest.
ARRIAGE AND CARRIAGE. In Eng­lish and Scotch law. Indefinite services for­merly demandable from tenants, but prohib­ited by statute, (20 Geo. II. c. 50, §§ 21, 22.) Holthouse; Ersk. Inst 2, 6, 42.
ARRIER BAN. In feudal law. A sec­ond summons to join the lord, addressed to those who had neglected the first. A sum­mons of the inferiors or vassals of the lord. Spelman.
ARRIERE FIEF, or FEE. In feudal law. A fief or fee dependent on a superior one; an inferior fief granted by a vassal of the king, out of the fief held by him. Mon-tesq. Esprit des Lois, liv. 31, cc. 26, 32.
ARRIERE VASSAL. In feudal law. The vassal of a vassal.
ARRIVAL. In marine Insurance. The arrival of a vessel means an arrival for pur­poses of business, requiring an entry and clearance and stay at the port so long as to require some of the acts connected with busi­ness, and not merely touching at a port for advices, or to ascertain the state of the mar­ket, or being driven in by an adverse wind and sailing again as soon as it changes. Gronstadt v. Witthoff (D. C.) 15 Fed. 265; Dalgleish v. Brooke, 15 East, 295; Kenyon V. Tucker, 17 R. I. 529, 23 Atl. 61; Meigs v. In­surance Co., 2 Cush. (Mass.) 439; Toler v. White, 1 Ware, 280, 24 Fed. Cas. 3; Harrison v. Vose, 9 How. 384, 13 L. Ed. 179.
"A vessel arrives at a port of discharge when she comes, or is brought, to a place where it is intended to discharge her, and where is the usu­al and customary place of discharge. When a vessel is insured to one or two ports, and sails for one, the risk terminates on her arrival there. If a vessel is insured to a particular port of discharge, and is destined to discharge cargo successively at two different wharves, docks, or places, within that port, each being a distinct place for the delivery of cargo, the risk ends when she has been moored twenty-four hours in safety at the first place. But if she is destined to one or more places for the delivery of cargo, and delivery or discharge of a portion of her cargo is necessary, not by reason of her having reached any destined place of delivery, but as a necessary and usual nautical measure, to enable her to reach such usual and destined place of delivery, she cannot properly be considered as having arrived at the usual and customary place of discharge, when she is at anchor for the pur­pose only of using such means as will better en­able her to reach it. If she cannot get to the destined and usual place of discharge in the port because she is too deep, and must be light­ered to get there, and, to aid in prosecuting the voyage, cargo is thrown overboard or put into lighters, such discharge does not make that the place of arrival; it is only a stopping-place in the voyage. When the vessel is insured to a particular port of discharge, arrival within the limits of the harbor does not terminate the risk, if the place is not one where vessels are dis­charged and voyages completed. The policy covers the vessel through the port navigation, as well as on the open sea, until she reaches the destined place." Simpson v. Insurance Co., Holmes, 137, Fed. Cas. No. 12,886.
ARRIVE. T6" reach or come to a partic­ular place of destination by traveling to­wards it. Thompson v. United States, 1 Brock. 411, Fed. Cas. No. 407.
In insurance law. To reach that particu­lar place or point in a harbor which is the ultimate destination of a vessel. Meigs v. In­surance Co., 2 Cush. (Mass.) 439, 453.
The words "arrive" and "enter" are not always synonymous; there certainly may be an arrival without an actual entry or at-


tempt to enter. United States r. Open Boat, 5 Mason, 120, 132, Fed. Oas. No. 15,967.
ABROGATION. In the civil law. The adoption of a person who was of full age or sui juris. 1 Browne, Civil & Adm. Law, 119; Dig. 1, 7, 5; Inst. 1, 11, 3. Reinders v. Kop-pelmann, 68 Mo. 497, 30 Am. Rep. 802.
ARRONDISSEMENT. In France, one of the subdivisions of a department
ARSiE ET PENSATiE. Burnt and weighed. A term formerly applied to money tested or assayed by fire and by weighing.
ARSENALS. Store-houses for arms; dock-yards, magazines, and other military stores.
ARSER IN LE MAIN. Burning in the hand. The punishment by burning or branding the left thumb of lay offenders who claimed and were allowed the benefit of clergy, so as to distinguish them in case they made a second claim of clergy. 5 Coke, 51; 4 Bl. Comm. 367.
ARSON. Arson, at common law, is the act of unlawfully and maliciously burning the house of another man. 4 Steph. Comm. 99; 2 Russ. Crimes, 896; Steph. Crim. Dig. 298.
Arson, by the common law, is the willful and malicious burning of the house of an­other. The word "house," as here under­stood, includes not merely the dwelling-house, but all outhouses which are parcel thereof. State v. McGowan, 20 Conn. 245, 52 Am. Dec. 336; Graham v. State, 40 Ala. 664; Allen v. State, 10 Ohio St. 300; State v. Porter, 90 N. C. 719; Hill v. Com., 98 Pa. 195; State v. McCoy, 162 Mo. 383, 62 S. W. 991.
Arson is the malicious and willful burning of the house or outhouse of another. Code Ga. 1882, § 4375.
Arson is the willful and malicious burning of a building with intent to destroy it. Pen. Code Cal. § 447.
Degrees of arson. In several states, this crime is divided into arson in the first, second, and third degrees, the first degree including the burning of an inhabited dwelling-house in the night-time; the second degree, the burning (at night) of a building other than a dwelling-house, but so situated with reference to a dwelling-house as to endanger it; the third degree, the burning of any building or structure not the subject of arson in the first or second degree, or the burning of property, his own or another's, with intent to defraud or prejudice an insurer thereof. People v. Durkin, 5 Parker, Cr. R. (N. Y.) 248; People v. Fanshawe, 65 Hun, 77, 19 N. Y. Supp. 865; State v. McCoy, 162 Mo. 383, 62 S. W. 991; State v. Jessup, 42 Kan. 422, 22 Pac 627.
ARSTJRA. The trial of money by heating It after it was coined. The loss of weight occasioned by this pro-
cess. A pound was said to burn so many pence (tot ardere denarios) as it lost by the fire. Spelman. The term is now obsolete.
ART. A principle put in practice and ap­plied to some art, machine, manufacture, or composition of matter. Earle v. Sawyer, 4 Mason, 1, Fed. Cas. No. 4,247. See Act Cong. July 8, 1870.
In the law of patents, this term means a useful art or manufacture which is beneficial and which is described with exactness in its mode of operation. Such an art can be pro­tected only in the mode and to the extent thus described. Smith v. Downing, 22 Fed. Cas. 511; Carnegie Steel Co. v. Cambria Iron Co. <C. C.) 89 Fed. 754; Jacobs v. Ba­ker, 7 Wall. 207, 19 L. Ed. 200; Corning v. Burden, 15 How. 267, 14 L. Ed. 683.
ART, WORDS OF. Words used in a technical sense; words scientifically fit to carry the sense assigned them.
ART AND PART. In Scotch law. The offense committed by one who aids and as­sists the commission of a crime, but who is not the principal or chief actor in its actual commission. An accessary. A principal in the second degree. Paters. Comp.
To avouch; as if a man were taken with stolen goods in his possession he was allowed a lawful arthel, i. e., vouchee, to clear him of the felony; but provision was made against it by 28 Hen. VIII. c. 6. Blount
ARTICLE. A separate and distinct part of an instrument or writing comprising two or more particulars; one of several things presented as connected or forming a whole. Carter v. Railroad Co., 126 N. C. 437, 36 S. E. 14; Wetzell v. Dinsmore, 4 Daly (N. Y.) 195.
In English ecclesiastical law. A com­plaint exhibited in the ecclesiastical court by way of libel. The different parts of a libel, responsive allegation, or counter allegation in the ecclesiastical courts. 3 Bl. Comm. 109.
In Scotch practice. A subject or mat; ter; competent matter. "Article of dittay.'^ 1 Broun, 62. A "point of dittay." 1 Swint 128, 129.
ARTICLED CLERK. In English law. A clerk bound to serve in the office of a so­licitor in consideration of being instructed in the profession. This is the general accep­tation of the term; but it is said to be equal­ly applicable to other trades and professions^ Reg. v. Reeve, 4 Q. B. 212.
ARTICLES. 1. A connected series of propositions; a system of rules. The subdi­visions of a document, code, book, etc. A specification of distinct matters agreed upon


or established by authority or requiring ju­dicial action.
2.A statute; as having its provisions ar­ticulately expressed under distinct heads. Several of the ancient English statutes were called "articles," (articuli.)
3.A system of rules established by legal authority; as articles of war, articles of the navy, articles of faith, (see infra.)
4.A contractual document executed be­tween parties, containing stipulations or terms of agreement; as articles of agree­ment, articles of partnership.
5.In chancery practice. A formal written statement of objections filed by a party, aft­er depositions have been taken, showing ground for discrediting the witnesses.
—Articles approbatory. In Scotch law. That part of the proceedings which corresponds to the answer to the charge in an English bill in chancery. Paters. Comp.—Articles im-probatory. In Scotch law. Articulate aver­ments setting forth the facts relied upon. Bell. That part of the proceedings which corresponds to the charge in an English bill in chancery to set aside a deed. Paters. Comp. The answer is called "articles approbatory."—Articles, Lords of. A committee of the Scottish par­liament, which, in the mode of its election, and by the nature of its powers, was calculated to increase the influence of the crown, and to con­fer upon it a power equivalent to that of a negative before debate. This system appeared inconsistent with the freedom of parliament, and at the revolution the convention of estates de­clared it a grievance, and accordingly it was sup­pressed by Act 1690, c. 3. Wharton.—Articles 4>f agreement. A written memorandum of the terms of an agreement. It is a common prac­tice for persons to enter into articles of agree­ment, preparatory to the execution of a formal deed, whereby it is stipulated that one of the parties shall convey to the other certain lands, or release his right to them, or execute some other disposition of them.—Articles of asso­ciation. Articles subscribed by the members of a joint-stock company or corporation organiz­ed under a general law, and which create the corporate union between them. Such articles are in the nature of a partnership agreement, and commonly specify the form of organization, amount of capital, kind of business to be pur­sued, location of the company, etc. Articles of association are to be distinguished from a char­ter, in that the latter is a grant of power from the sovereign or the legislature.—Articles of confederation. The name of the instrument embodying the compact made between the thir­teen original states of the Union, before the adoption of the present constitution.—Articles •of faith.. In English law. The system of faith of the Church of England, more commonly known as the "Thirty-Nine Articles."—Arti­cles of impeachment. A formal written al­legation of the causes for impeachment; an­swering the same office as ,an indictment in an ordinary criminal proceeding.—Articles of in­corporation. The instrument by which a pri­vate corporation is formed and organized under general corporation laws. People v. Golden Gate Lodge, 128 Cal. 257, 60 Pac. 865.—Arti­cles of partnership. A written agreement by which the parties enter into a copartnership
Xn the terms and conditions therein stipulat--Articles of religion. In English eccle­siastical law. Commonly called the "Thirty-Nine Articles;" a body of divinity drawn up by the convocation in 15G2, and confirmed by James I.—Articles of roup. In Scotch law.
The terms and conditions under which property is sold at auction.—Articles of set. In Scotch law. An agreement for a lease. Paters. Comp. —Articles of the clergy. The title of a stat­ute passed in the ninth year of Edward II. for the purpose of adjusting and settling the great questions of cognizance then existing between the ecclesiastical and temporal courts. 2 Reeve, Hist. Eng. Law, 291-296.—Articles of the navy. A system of rules prescribed by act of parhament for the government of the English navy; also, in the United States, there are ar­ticles for the government of the navy.—Arti­cles of the peace. A complaint made or exhibited to a court by a person who makes oath that he is in fear of death or bodily harm from some one whojias threatened or attempted to do him injury. The court may thereupon or­der the person complained of to find sureties for the peace, and, in default, may commit him to prison. 4 Bl. Comm. 255.—Articles of un­ion, In English law. Articles agreed to, A. D. 1707, by the parliaments of England and Scotland, for the union of the two kingdoms. They were twenty-five in number. 1 Bl. Comm. 96.—Articles of war. Codes framed for the government of a nation's army are commonly thus called.
Scotch law. Where the creditor holds sev­eral distinct debts, a separate adjudication for each claim is thus called.
ARTICULATELY. Article by article; by distinct clauses or articles; by separate propositions.
ARTICULI. Lat Articles; items or heads. A term applied to some old English statutes, and occasionally to treatises.
—Articuli cleri. Articles of the clergy, (g. v.)—Articuli de moneta. Articles concern­ing money, or the currency. The title of a statute passed in the twentieth year of Ed­ward I. 2 Reeve, Hist. Eng. Law, 228; Crabb, Eng. Law, fAmer. Ed.) 167.—Articuli Magnae Chartse. The preliminary articles, forty-nine in number, upon which the Magna Charta was founded —Articuli super chartas. Articles upon the charters. The title of a statute passed in the twenty-eighth year of Edward I. st. 3, confirming or enlarging many particulars in Magna Charta, and the Charta de Foresta, and appointing a method for enforcing • the observ­ance of them, and for the punishment of of­fenders. 2 Reeve, Hist. Eng. Law, 103, 233.
ARTICULO MORTIS. (Or more com­monly in articulo mortis.) In the article of death; at the point of death.
ARTIFICER. One who buys goods in order to reduce them, by his own art or in­dustry, into other forms, and then to sell them. Lansdale v. Brashear, 3 T. B. Mon. (Ky.) 335.
One who is actually and personally en­gaged or employed to do work of a me­chanical or physical character, not includ­ing one who takes contracts for labor to be performed by others. Ingram v. Barnes, 7 El. & Bl. 135; Chawner v. Cummings, 8 Q. B. 321.
One who is master of his art, and whose employment consists chiefly in manual labor. Wharton; Cunningham.


ARTIFICIAL. Created by art, or by {aw; existing only by force of or In con­templation of law.
—Artificial force. In patent law. A nat­ural force so transformed in character or ener­gies by human power as to possess new capa­bilities of action; this transformation of a natural force into a force practically new in­volves a true inventive act. Wall v. Leek, 66 Fed. 555, 13 C. C. A. 630.—Artificial per­sons. Persons created and devised by human laws for the purposes of society and govern­ment, as distinguished from natural persons. Corporations are examples of artificial persons. 1 Bl. Comm. 123. Chapman v. Brewer, 43 Neb. 890, 62 N. W. 320, 47 Am. St. Rep. 779 ; Smith v. Trust Co., 4 Ala. 568.—Artificial pre*-sumptions. Also called "legal presumptions;" those which derive their force and effect from the law, rather than their natural tendency to produce belief. 3 Starkie, Bv. 1235. Gulick v. Loder, 13 N. J. Law, 72, 23 Am. Dec. 711.— Artificial succession. The succession be­tween predecessor and successors in a corpora­tion aggregate or sole. Thomas v. Dakin, 22 Wend. (N. Y.) 100.—Artificial watercourse. See Watebcoubse.
ARTIFICIALLY. Technically; scien­tifically; using terms of art. A will or con­tract is described as "artificially" drawn if it is couched in apt and technical phrases and exhibits a scientific arrangement
ARTISAN. One skilled in some kind of mechanical craft or art; a skilled mechanic. O'Clair v. Hale, 25 Misc. Rep. 31, 54 N. Y. Supp. 386; Amazon Irr. Co. v. Briesen, 1 Kan. App. 758, 41 Pac. 1116.
ARTTRA. An old English law term, sig­nifying a day's work in plowing.
ARVIL-SUPPER. A feast or entertain­ment made at a funeral in the north of Eng­land; arvU bread is bread delivered to the poor at "funeral solemnities, and arvil, arval, or arfal, the burial or funeral rites. Cowell.
AS. Lat. In the Roman and civil law. A pound weight; and a coin originally weigh­ing a pound, (called also "libra;") divided into twelve parts, called "uncice."
Any integral sum, subject to division in certain proportions. Frequently applied in the civil law to inheritances; the whole in­heritance being termed "as," and its several proportionate parts "sextans" uquadrans,n etc. Burrill.
The term "as," and the multiples of its uncice, were also used to denote the rates of interest. 2 Bl. Comm. 462, note m.
AS AGAINST; AS BETWEEN. These words contrast the relative position of two persons, with a tacit reference to a different relationship between one of them and a third person. For instance, the temporary bailee of a chattel is entitled to it as Be­tween himself and a stranger, or as against a stranger; reference being made by this form of words to the rights of the bailor. Wharton.
ASCEND. To go up; to pass up or up­wards; to go or pass in the ascending line. 4 Kent, Comm. 393, 397.
ASCENDANTS. Persons with whom one is related in the ascending line; one's par­ents, grandparents, great-grandparents, etc
ASCENDIENTES. In Spanish law. As­cendants; ascending heirs; heirs in the as­cending line. Schm. Civil Law, 259.
ASCENT. Passage upwards; the trans­mission of an estate from the ancestor to the heir in the ascending line. See 4 Kent, Comm. 393, 397.
ASCERTAIN. To fix; to render certain or definite; to estimate and determine; to clear of doubt or obscurity. Brown v. Lyd-dy, 11 Hun, 456; Bunting v. Speek, 41 Kan. 424, 21 Pac. 288, 3 L. R. A. 690; Pughe v. Coleman (Tex. Civ. App.) 44 S. W. 578.
ASCRIPTITIUS. In Roman law. A foreigner who had been registered and nat­uralized in the colony in which he resided. Cod. 11, 47.
ASPECT. View; object; possibility. Im­plies the existence of alternatives. Used in the phrases "bill with a double aspect" and "contingency with a double aspect."
ASPHYXIA. In medical jurisprudence. A morbid condition of swooning, suffoca­tion, or suspended" animation, resulting in death if not relieved, produced by any seri­ous interference with normal respiration (as, the inhalation of poisonous gases or too rarified air, choking, drowning, obstruction of the air passages, or paralysis of the respiratory muscles) with a consequent de­ficiency of oxygen in the blood. See State v. Baldwin, 36 Kan. 1, 12 Pac. 328.
ASPORTATION. The removal of things from one place to another. The carrying away of goods; one of the circumstances requisite to constitute the offense of larceny. 4 Bl. Comm. 231. Wilson v. State, 21 Md. 1; State v. Higgins, 88 Mo. 354; Rex v. Walsh, 1 Moody, Cr. Cas. 14, 15.
ASPORTAVIT. He carried away. Some­times used as a noun to denote a carrying away. An "asportavit of personal chat­tels." 2 H. Bl. 4.
ASSACH. In old Welsh law. An oath made by compurgators. Brown.
ASSART. In English law. The offense committed in the forest, by pulling up the trees by the roots that are thickets and coverts for deer, and making the ground plain as arable land. It differs from waste, in that waste is the cutting down of coverts which may grow again, whereas assart is


the plucking them up by the roots and ut­terly destroying them, so that they can never afterward grow. This is not an offense if done with license to convert forest into til­lage ground. Consult Mantcood's Forest Laws, pi. I, p. 171. Wharton.
ASSASSINATION. Murder committed for hire, without provocation or cause of resentment given to the murderer by the person upon whom the crime is committed. Ersk. Inst. 4, 4, 45.
A murder committed treacherously, or by stealth or surprise, or by lying in wait.
ASSATH. An ancient custom In Wells, by which a person accused of crime could clear himself by the oaths of three hundred men. It was abolished by St. 1 Hen. V. c. 6. Cowell; Spelman.
ASSATJXT. An unlawful attempt or of­fer, on the part of one man, with force or violence, to inflict a bodily hurt upon an­other.
An attempt or offer to beat another, with­out touching him; as if one lifts up his cane or his fist in a threatening manner at an­other ; or strikes at him, but misses him. 3 Bl. Comm. 120; 3 Steph. Comm. 469.
Aggravated assault is one committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. Simple as­sault is one committed with no intention to do any other injury.
An assault is an unlawful attempt, coupled with a present ability, to commit a violent in­jury on the person of another. Pen. Code Oal. § 240.
An assault is an attempt to commit a violent injury on the person of another. Code Ga. 1882, § 4357.
An assault is any willful and unlawful at­tempt or offer, with force or violence, to do a corporal hurt to another. Pen. Code Dak. { 305.
An assault is an offer or an attempt to do a corporal injury to another; as by striking at him with the hand, or with a stick, or by shaking the fist at him, or presenting a gun or other weapon within such distance as that a hurt might be given, or drawing a sword and brandishing it in a menacing manner; provid­ed the act is done with intent to do some cor­poral hurt. United States v. Hand, 2 Wash. C. C. 435, Fed. Cas. No. 15,297.
An assault is an attempt, with force or vio­lence, to do a corporal injury to another, and may consist of any act tending to such corporal injury, accompanied with such circumstances as denote at the time an intention, coupled with the present ability, of using actual vio­lence against the person. Hays v. People, 1 Hill (N. Y.) 351.
An assault is an attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness, with such circumstances as denote, at the time, an in­tention to do it, coupled with a present ability to carrv such intention into effect. Tarver v. State. 43 Ala. 354.
An assault is an intentional attempt, by vio­lence, to do an injury to the person of another. It must be intentional; for, if it can be col­lected, notwithstanding appearances to the con-
trary, that there is not a present purpose to do an injury, there is no assault. State v. Davis, 23 N. C. 127, 35 Am. Dec. 735.
In order to constitute an assault there must be something more than a mere menace. There must be violence begun to be executed. But, where there is a clear intent to commit violence, accompanied by acts which if not interrupted, will be followed by personal injury, the violence is commenced and the assault is complete. Peo­ple v. Yslas, 27 Cal. 633.
Simple assault. An offer or attempt to do bodily harm which falls short of an actual bat­tery ; an offer or attempt to beat another, but without touching him; for example, a bio w delivered within striking distance, but which does not reach its mark. See State v. Light-sey, 43 S. O. 114, 20 S. E. 975; Norton v. State, 14 Tex. 393.
ASSAY. The proof or trial, by chemical experiments, of the purity or fineness of met­als,—particularly of the precious metals, gold and silver.
A trial of weights and measures by a standard; as by the constituted authorities, clerks of markets, etc. Reg. Orig. 280.
A trial or/examination of certain commod­ities, as bread, cloths, etc. Cowell; Blount
—Assay office. The staff of persons by whom (or the building in which) the process of assay­ing gold and silver, required by government, inr cidental to maintaining the coinage, is con­ducted.
ASSAYEEt. One whose business it is to make assays of the precious metals.
—Assayer of the king. An officer of the royal mint, appointed by St 2 Hen. VI. c. 12, who received and tested the bullion taken in for coining; also called "assayator regis." Cow­ell ; Termes de la Ley.
ASSECTJRARE. To assure, or make se­cure by pledges, or any solemn interposition of faith. Cowell; Spelman.
ASSECURATION. In European law. Assurance; insurance of a vessel, freight, or cargo. Ferriere.
ASSECURATOR. In maritime law. An insurer, (aversor periculi.) Locc. de Jure Mar. lib. 2, c. 5, § 10.
ASSKDATION. In Scotch law. An old term, used indiscriminately to signify a lease or feu-right Bell; Ersk. Inst. 2, 6, 20.
ASSEMBLY. The concourse or meeting together of a considerable number of persons at the same place. Also the persons so gathered.
Popular assemblies are those where the people meet to deliberate upon their rights; these are guafanteed by the constitution. Const. U. S. Amend, art 1.
The lower or more numerous branch of the legislature in many of the states is also call­ed the "Assembly" or "House of Assembly," but the term seems to be an appropriate one to designate any political meeting required to be held by law.
—Assembly general. The highest ecclesias­tical court in Scotland, composed of a repre- i

sentation of the ministers and elders of the church, regulated by Act 5th Assem. 1694.— Assembly, unlawful. In criminal law. The assembling of three or more persons together to do an unlawful act, who separate without actually doing it, or making any motion to­wards it. 3 Inst. 176; 4 Bl. Comm. 146. It differs from a riot or rout, because in each of the latter cases there is some act done besides the simple meeting. See State v. Stalcup, 23 N. O. 30, 35 Am. Dec. 732; 9 Car. & P. 91, 431; 5 Car. & P. 154; 1 Bish, Crim. Law, § 535; 2 Bish. Orim. Law, §§ 1256, 1259.
ASSENT. Compliance; approval of some­thing done; a declaration of willingness to do something in compliance with a request Norton v. Davis, 83 Tex. 32, 18 S. W. 430; Appeal of Pittsburgh, 115 Pa. 4, 7 Atl. 778; Canal Co. v. Railroad Co., 4 Gill & J. (Md.) 1, 30; Baker v. Johnson County, 37 Iowa, 189; Puller v. Kemp (Com. PI.) 16 N. Y. Supp. 160.
—Mutual assent. The meeting of the minds of both or all the parties to a contract; the fact that each agrees to all the terms and con­ditions, in the same sense and with the same meaning as the others. Insurance Co. v. Young, 23 Wall. 107, 23 L. Ed. 152.
ASSERTORY COVENANT. One which affirms that a particular state of facts ex­ists ; an affirming promise under seal.
ASSESS. 1. To ascertain, adjust, and settle the respective shares to be contributed by several persons toward an object bene­ficial to them all, in proportion to the benefit received.
2.To adjust or fix the proportion of a tax which each person, of several liable to it, has to pay; to apportion a tax among several; to distribute taxation in a proportion founded on the proportion of burden and benefit. Al­len v. McKay, 120 Cal. 332, 52 Pac. 828; Seymour v. Peters, 67 Mich. 415, 35 N. W. 62.
3.To place a valuation'upon property for the purpose of apportioning a tax. Bride­well v. Morton, 46 Ark. 73; Moss v. Hindes, 28 Vt. 281.
4.To impose a pecuniary payment upon persons or property; to tax. People v. Priest, 169 N. Y. 435, 62 N. E. 568.
ASSESSED. Where the charter of a cor­poration provides for the payment by it of a state tax, and contains a proviso that "no other tax or impost shall be levied or assess­ed upon the said company," the word "as­sessed" in the proviso cannot have the force and meaning of describing special levies for public improvements, but is used merely to describe the act of levying the tax or impost. New Jersey Midland R. Co. v. Jersey City, 42 N. J. Law, 97.
ASSESSMENT. In a general sense, de­notes the process of ascertaining and adjust­ing the shares respectively to be contributed by several persons towards a common benefi­cial object according to the benefit received.
In taxation. The listing and valuation of property for the purpose of apportioning a tax upon it, either according to value alone or in proportion to benefit received. Also determining the share of a tax to be paid by each of many persons; or apportioning the entire tax to be levied among the different taxable persons, establishing the proportion due from each. Adams, etc., Co. v. Shelby-ville, 154 Ind. 467, 57 N. E. 114, 49 L. R. A. 797, 77 Am. St. Rep. 484; Webb v. Bid-well, 15 Minn. 483 (Gil.* 394); State v. Farm­er, 94 Tex. 232, 59 S. W. 541; Kinney v. Zimpleman, 36 Tex. 582; Southern R. Co. v. Kay, 62 S. C. 28, 39 S. E. 785; U. S. v. Erie R. Co., 107 U. S. 1, 2 Sup. Ct 83, 27 L. Ed. 385.
Assessment, as used in juxtaposition with taxation in a state constitution, includes all the steps necessary to be taken in the legiti­mate exercise of the power to tax. Hurford v. Omaha, 4 Neb. 336.
Assessment is also popularly used as a synonym for taxation in general,—the au­thoritative imposition of a rate or duty to be paid. But in its technical signification it denotes only taxation for a special pur­pose or local improvement; local taxation, as distinguished from general taxation; tax­ation on the principle of apportionment ac­cording to the relation between burden and benefit.
As distinguished from other kinds of taxation, assessments are those special and local imposi­tions upon property in the immediate vicinity of municipal improvements which are necessary to pay for the improvement, and are laid with reference to the special benefit which the prop­erty is supposed to have derived therefrom. Hale v. Kenosha, 29 Wis. 599. And see Ride-nour v. Saffin, 1 Handy (Ohio) 464; Roosevelt Hospital v. New York, 84 N. Y. 108, 112; King v. Portland, 2 Or. 146; Reeves v. Wood County, 8 Ohio St 338; Wood v. Brady, 68 Cal. 78, 5 Pac. 623, 8 Pac. 599.
Taxes are impositions for purposes of general revenue, while assessments are special and local impositions upon property in the immediate vi­cinity of an improvement, for the public wel­fare, which are necessary to pay for the im­provement and made with reference to the spe­cial benefit which such property derives from the expenditure. Palmer v. Stumph, 29 Ind. 329.
A special assessment is a charge in the nature of a tax, imposed for the purpose of pay­ing the cost of a local improvement in a munic­ipal corporation, and levied only on those par­cels of real property which, by reason of the location of such improvement, are specially bene­fitted by it Village of Morgan Park v. Wis-wall, 155 111. 262, 40 N. E. 611; Wilson v. Auburn, 27 Neb. 435, 43 N. W. 257; Raleigh v. Peace, 110 N. C. 32. 14 S. E. 521, 17 L. R. A. 330; Sargent v. Tuttle, 67 Conn. 162, 34 Atl. 1028, 32 L. R, A. 822.
Assessment and tax are not synonymous. An assessment is doubtless a tax, but the term im­plies something more; it implies a tax of a par­ticular kind, predicated upon the principle of equivalents, or benefits, which are peculiar to the persons or property charged therewith, and which are said to be assessed or appraised, ac­cording to the measure or proportion of such equivalents; whereas a simple tax is imposed for the purpose of supporting the government generally, without reference to any special ad­vantage which may be supposed to accrue to


the persons taxed. Taxes must be levied, with­out discrimination, equally upon all the sub­jects of property; whilst assessments are only levied upon lands, or some other specific prop­erty, the subjects of the supposed benefits; to repay which the assessment is levied. Ridenour V. Saffin, 1 Handy (Ohio) 464.
In corporations. Instalments of the money subscribed for shares of stock, called for from the subscribers by the directors, from time to time as the company requires money, are called "assessments," or, in Eng­land, "calls." Water Co. v. Superior Court, 92 Cal. 47, 28 Pac. 54, 27 Am. St. Rep. 91; Spangler v. Railroad Co., 21 111. 278; Stew­art v. Publishing Co., 1 Wash. St. 521, 20 Pac. 605.
The periodical demands made by a mutual insurance company, under its charter and by­laws, upon the makers of premium notes, are also denominated "assessments." Hill v. Insurance Co., 129 Mich. 141, 88 N. W. 392.
Of damages. Fixing the amount of dam­ages to which the successful party in a suit is entitled after an interlocutory judgment .has been taken.
Assessment of damages is also the name given to the determination of the sum which a corporation proposing to take lands for a public use must pay in satisfaction of the demand proved or the value taken.
In insurance. An apportionment made in general average upon the various articles and interests at risk, according to their value at the time and place of being in safety, for contribution for damage and sacrifices pur­posely made, and expenses incurred for es­cape from impending common peril. 2 Phil. Ins. c. xv.
—Assessment company. In life insurance. A company in which a death loss is met by levying an assessment on the surviving mem­bers of the association. Mutual Ben. L. Ins. Co. v. Marye, 85 Va. 643, 8 S. E. 481—As­sessment contract. One wherein the pay­ment of the benefit is in any manner or degree dependent on the collection of an assessment levied on persons holding similar contracts. Folkens v. Insurance Co., 98 Mo. App. 480, 72 S. W. 720.—Assessment district. In taxa­tion. Any subdivision of territory, whether the whole or part of any municipality, in which by law a separate assessment of taxable property is made by the officers elected or appointed therefor. Rev. Stat Wis. 1898, § 1031.—As­sessment fund. The assessment fund of a mutual benefit association is the balance of the assessments, less expenses, out of which bene­ficiaries are paid. Kerr v. Ben. Ass'n, 39 Minn, 174, 39 N. W. 312, 12 Am. St. Rep. 631. —Assessment rolL In taxation. The list or roll of taxable persons and property, complet­ed, verified, and deposited by the assessors, not as it appears after review and equalization. Bank v. Genoa, 28 Misc. Rep. 71, 59 N. Y. Supp. 829; Adams v. Brennan, 72 Miss. 894, 18 South. 482.—Assessment work. Under the mining laws of the United States, the hold­er of an unpatented mining claim on the pub­lic domain is required, in order to hold his claim, to do labor or make improvements upon it to the extent of at least one hundred dollars in each year. Rev. St. U. S. § 2324 (U. S. Comp. St. 1901, p. 1426). This is commonly called by miners "doing assessment work."
ASSESSOR. An officer chosen or ap­pointed to appraise, value, or assess property.
In civil and Scotch law. Persons skill­ed in law, selected to advise the judges of the inferior courts. Bell; Dig. 1, 22; Cod. 1, 51
A person learned in some particular science or industry, who sits with the judge on the trial of a cause requiring such special knowl­edge and gives his advice.
In England it is the practice in admiralty business to call in assessors, in cases involv­ing questions of navigation or seamanship. They are called "nautical assessors," and are always Brethren of the Trinity House.
ASSETS. In probate law. Property of a decedent available for the payment of debts and legacies; the estate coming to the heir or personal representative which is charge­able, in law or equity, with the obligations which such heir or representative is required, in his representative capacity, to discharge.
In an accurate and legal sense, all the per­sonal property of the deceased which is of a Balable nature, and may be converted into ready money, is deemed assets. But the word is not confined to such property; for all other prop­erty of the deceased which is chargeable with Ms debts or legacies, and is applicable to that purpose, is, in a large sense, assets. 1 Story, Efq. Jur. § 531; Marvin v. Railroad Co. (C. C.) 49 Fed. 436; Trust Co. v. Earle. 110 U. S. 710, 4 Sup. CL 231, 28 I* Ed. 301.
Assets per descent. That portion of the ancestor's estate which descends to the heir, and which is sufficient to charge him, as far as it goes, with the specialty debts of his ancestors. 2 Williams, Ex'rs, 1011.
In commercial law. The aggregate of available property, stock in trade, cash, etc., belonging to a merchant or mercantile com­pany.
The word "assets," though more generally used to denote everything which comes to the representatives of a deceased person, yet is by no means confined to that use, but has come to signify everything which can be made available for the payment of debts, whether belonging to the estate of a deceased person or not. Hence we speak of the assets of a bank or other mon-ied corporation, the assets of an insolvent debt­or, and the assets of an individual or private copartnership; and we always use this word when we speak of the means which a party has, as compared with his liabilities or debts. Stanton" v Lewis, 26 Conn. 449; Vaiden v. Hawkins, 59 Miss. 419; Pelican v. Rock Falls, 81 Wis. 428, 51 N. W. 871, 52 N. W. 1049.
The property or effects of a bankrupt or insolvent, applicable to the payment of his debts.
The term "assets" includes all property of every kind and nature, chargeable with the debts of the bankrupt, that comes into the hands of and under the control of the assignee; and the value thereof is not to be considered a less sum than that actually realized out of said property, and received by the assignee for it. In re Taggert, 16 N. B. R. 351, Fed. Cas. No. 13,725.
—Assets entre mains. L. Fr. Assets in hand; assets in the hands of executors or ad-


ministrators, applicable for the payment of debts. Termes de la Ley; 2 Bl. Comm. 510;
I Crabb, Real Prop. 23; Favorite v. Booher, 17
Ohio St. 557.—Equitable assets. Equitable
assets are all assets which are chargeable with
the payment of debts or legacies in equity, and
which do not fall under the description of legal
assets. 1 Story, Eq. Jur. § 552. Those por­
tions of the property which by the ordinary
rules of law are exempt from debts, but which
the testator has voluntarily charged as assets,
or which, being non-existent at law, have been
created in equity. Adams, Eq. 254, et seq.
They are so called because they can be reach­
ed only by the aid and instrumentality of a
court of equity, and because their distribution
is governed by a different rule from that which
governs the distribution of legal assets. 2
JTonbl. Eq. b. 4, pt. 2, c. 2, § 1, and notes;
Story, Eq. Jur. § 552.—Legal assets. That
portion of the assets of a deceased party which
by law is directly liable, in the hands of his
executor or administrator, to the payment of
debts and legacies. 1 Story, Eq. Jur. § 551.
Such assets as can be reached in the hands of
an executor or administrator, by a suit at law
against him.—Personal assets. Chattels, mon­
ey, and other personal property belonging to a
bankrupt, insolvent, or decedent estate, which
go to the assignee or executor.—Real assets.
Lands or real estate in the hands of an heir,
chargeable with the payment of the debts of
the ancestor. 2 Bl. Comm. 244, 302.
ASSEVERATION. An affirmation ; a posi­tive assertion; a solemn declaration. This word is seldom, if ever, used for a declara­tion made under oath, but denotes a declara­tion accompanied with solemnity or an ap­peal to conscience.
ASSEWIARE. To draw or drain water from marsh grounds. Cowell.
ASSIGN, v. In conveyancing. To make or set over to another; to transfer; as to as­sign property, or some interest therein. Cow­ell ; 2 Bl. Comm. 326; Bump v. Van Orsdale,
II Barb. (N. Y.) 638; Hoag v. Mendenhall,
19 Minn. 336 (Gil. 289).
In practice. To appoint, allot, select, or designate for a particular purpose, or duty. Thus, in England, justices are said to be "assigned to take the assises," "assigned to hold pleas," "assigned to make gaol deliv­ery," "assigned to keep the peace," etc. St Westm. 2, c. 30; Reg. Orig. 68, 69; 3 Bl. Comm. 58, 59, 353; 1 Bl. Comm. 351.
To transfer persons, as a sheriff is said to assign prisoners in his custody.
To point at, or point out; to set fofth, or specify; to mark out or designate; asj to as­sign errors on a writ of error; to ^assign breaches of a covenant. 2 Tidd, Pr. 1168; 1 Tidd, 686.
ASSIGNABLE. That may be assigned or transferred; transferable; negotiable, as a bill of exchange. Comb. 176; Story, Bills, ! 17.
ASSIGNATION. A Scotch law term equivalent to assignment, (g. v.)
Assignatus utitur jure anctoris. An
assignee uses the right of his principal; an
assignee is clothed with the rights of his principal. Halk. Max. p. 14; Broom, Max. 465.
ASSIGNAY. In Scotch law. An as­signee.
ASSIGNEE. A person to whom an as­signment is made. Allen v. Pancoast, 20 N. J. Law, 74; Ely v. Com'rs, 49 Mich. 17, 12 N. W. 893, 13 N. W. 784. The term is commonly used in reference to personal prop­erty; but it is not incorrect, in some cases, to apply it to realty, e. g., "assignee of the reversion."
Assignee in fact is one to whom an assign­ment has been made in fact by the party having the right. Starkweather v. Insurance Co., 22 Fed. Cas. 1091; Tucker v. West, 31 Ark. 643.
Assignee in law is one in whom the law vests the right; as an executor or adminis­trator. Idem.
The word has a special and distinctive use as employed to designate one to whom, un­der an insolvent or bankrupt law, the whole estate of a debtor is transferred to be ad­ministered for the benefit of creditors.
In old law. A person deputed or ap­pointed by another to do any act, or perform any business. Blount. An assignee, how­ever, was distinguished from a deputy, being said to occupy a thing in his own right, while a deputy acted in right of another. Cowell.
ASSIGNMENT. In contracts. 1. The
act by which one person transfers to another, or causes to vest in that other, the whole of the right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, interest, or sub­sidiary estate therein. Seventh Nat. Bank v. Iron Co. (C. C.) 35 Fed. 440; Haug v. Riley, 101 Ga. 372, 29 S. E. 44, 40 L R. A. 244. More particularly, a written transfer of property, as distinguished from a transfer by mere delivery.
2. In a narrower sense, the transfer or
making over of the estate, right, or title
which one has in lands and tenements; and,
in an especially technical sense, the transfer
of the unexpired residue of a term or estate
for life or years.
Assignment does not include testamentary transfers. The idea of an assignment is essen­tially that of a transfer by one existing party to another existing party of some species of property or valuable interest, except in the case of an executor. Blight v. Sackett, 34 N. Y. 447.
3.A transfer or making over by a debtor of all his property and effects to one or more assignees in trust for the benefit of his cred­itors. 2 Story, Eq. Jur. § 1036.
4.The instrument or writing by which such a transfer of property is made.
5.A transfer of a bill, note, or check, not negotiable.


6. In bankruptcy proceedings, the word designates the setting over or transfer of the bankrupt's estate to the assignee.
—Assignment for benefit of creditors.
An assignment whereby a debtor, generally an insolvent, transfers to another his property, in trust to pay his debts or apply the property upon their payment. Van Patten v. Burr, 52 Iowa, 518, 3 N. W. 524.—Assignment of dower. Ascertaining a widow's right of dow­er by laying out or marking off one-third of her deceased husband's lands, and setting off the same for her use during life. Bettis v. Mc-Nider, 137 Ala. 588, 34 South. 813, 97 Am. St Rep. 59.—Assignment of error. See Ebrob.—Assignment with preferences. An assignment for the benefit of creditors, with directions to the assignee to prefer a specified creditor or class of creditors, by paying their claims in full before the others receive any divi­dend, or in some other manner. More usually termed a "preferential assignment."—Foreign assignment. An assignment made in a for­eign country, or in another state. 2 Kent, Comm. 405, et seq.—General assignment. An assignment made for the benefit of all the assignor's creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding. 101 N. Y 504. 5 N. E. 431; Halsey v. Connell, 111 Ala. 221. 20 South. 445; Mussey v. Noyes, 26 Vt. 471.—Volun­tary assignment. An assignment for the benefit of his creditors made by a debtor volun­tarily ; as distinguished from a compulsory as­signment which takes place by operation of law in proceedings in bankruptcy or insolvency. Presumably it means an assignment of a debt­or's property in trust to pay his debts general­ly, in distinction from a transfer of property to a particular creditor in payment of his de­mand, or to a conveyance by way of collateral security or mortgage. Dias v. Bouchaud, 10 Paige. (N. Y.) 445.
ASSIGNOR. One who makes an assign­ment of any kind; one who assigns or trans­fers property.
ASSIGNS. Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, "heirs, administrators, and assigns." Grant v. Carpenter, 8 R I. 36; Baily v. De Cres-pigny, 10 Best & S. 12.
ASSISA. In old English and Scotch law. An assise; a kind of jury or inquest; a writ; a sitting of a court; an ordinance or statute; a fixed or specific time, number, quantity, quality, price, or weight; a tribute, fine, or tax; a real action; the name of a writ. See Assise.
—Assisa armornm. Assise of arms. A stat­ute or ordinance requiring the keeping of arms for the common defense. Hale, Com. Law, c. 11.—Assisa continnanda. An ancient writ addressed to the justices of assise for the con­tinuation of a cause, when certain facts put in issue could not have been proved in time by the party alleging them. Reg. Orig. 217.—Assisa de Clarendon. The assise of Clarendon. A statute or ordinance passed in the tenth year of Henry II., by which those that were accused of any heinous crime, and not able to purge them­selves, but must abjure the realm, had liberty of forty days to stay and try what succor they could get of their friends towards their suste­nance in exile. Bract, fol. 136; Co. Litt 159a/
Bl.Law Dict.(2d Ed.)—7
Cowell.—Assisa de foresta. Assise of the forest; a statute concerning orders to be ob­served in the royal forests.—Assisa de men-suris. Assise of measures. A common rule for weights and measures, established throughout England by Richard I., in the eighth year of his reign. Hale, Com. Law, c. 7.—Assisa de noenmento. An assise of nuisance ; a writ to abate or redress a nuisance.—Assisa de nt-rnm. An obsolete writ, which lay for the par­son of a church whose predecessor had alienat­ed the land and rents of it.—Assisa friscse fortise. Assise of fresh force, which see.—As­sisa mortis d'ancestoris. Assise of mort d'ancestor, which see —Assisa novse dissey-sinse. Assise of novel disseisin, which see. —Assisa panis et cerevisise. Assise of bread and ale, or beer. The name of a statute passed in the fifty-first year of Henry III., containing regulations for the sale of bread and ale; some­times called the "statute of bread and ale." Co. Litt. 159&; 2 Reeve, Hist. Eng. Law, 56; Cowell; Bract, fol. 155 —Assisa proroganda. An obsolete writ, which was directed to the judges assigned to take assises, to stay proceed­ings, by reason of a party to them being em­ployed in the king's business. Reg. Orig. 208. —Assisa ultimse praesentationis. Assise of darrein presentment, (q. v.)—Assisa vena-lium. The assise of salable commodities, or of •things exposed for sale.
ASSISA CADEKE. To fail in the as­sise ; i. e., to be nonsuited. Cowell; 3 Bl. Comm. 402.
—Assisa cadit in juratuxn. The assise falls (turns) into a jury; hence to submit a contro­versy to trial by jury.
ASSISE, or ASSIZE. 1. An ancient species of court, consisting of a certain num­ber of men, usually twelve, \iho were sum­moned together to try a disputed cause, per­forming the functions of a jury, except that they gave a verdict from their own investi­gation and knowledge and not upon evidence adduced. From the fact that they sat to­gether, (assidco,) they were called the "as­sise." See Bract. 4, 1, 6; Co. Litt ?53&, 1596.
A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Cou. cc. 24, 25.
2.The verdict or judgment of the jurors or recognitors of assise. 3 Bl. Comm. 57, 59.
3.In modern English law, the name "as­sises" or "assizes" is given to the court, time, jor place where the judges of assise and nisi prius, who are sent by special com­mission from the crown on circuits through the kingdom, proceed to take indictments, and to try such disputed causes issuing out of the courts at Westminster as are then ready for trial, with the assistance of a jury from the particular county; the regu­lar sessions of the judges at nisi prius.
4.Anything reduced to a certainty in re­spect to time, number, quantity, quality, weight, measure, etc. Spelman.
5.An ordinance, statute, or regulation. Spelman gives this meaning of the word the first place among his definitions, observing


that statutes were in England called "as­sises" down to the reign of Henry III.
6.A species of writ, or real action, said to have been invented by Glanville, chief justice to Henry II., and having for its ob­ject to determine the right of possession of lands, and to recover the possession. 3 Bl. Comm. 184, 185.
7.The whole proceedings in court upon a writ of assise. Co. Litt 159o. The verdict or finding of the jury upon such a writ 3 Bl. Comm. 57.
—Assise of Clarendon. See Assisa.—As­sise of darrein presentment. A writ of assise which formerly lay when a man or his ancestors under whom he claimed presented a clerk to a benefice, who was instituted, and afterwards, upon the next avoidance, a stranger presented a clerk and thereby disturbed the real patron. 3 Bl. Comm. 245; St 13 Edw. I. (Westm. 2) c. 5. It has given way to the rem­edy by quare impedtt.—Assise of fresh force. In old English practice. A writ which lay by the usage and custom of a city or borough, where a man was disseised of his lands and tenements in such city or borough. It was call­ed "fresh force," because it was to be sued with­in forty days after the party's title accrued to him. Fitzh. Nat. Brev. 7 C.—Assise of mort d'ancestor. A real action which lay to re­cover land of which a person had been deprived on the death of his ancestor by the abatement or intrusion of a stranger. 3 Bl. Comm. 185; Co. Iitt 159a. It was abolished by St. 3 & 4 Wm. IV. c. 27.—Assise of novel disseisin. A writ of assise which lay for the recovery of lands or tenements, where the claimant had been lately disseised.—Assise of nuisance. A writ of assise which lay where a nuisance had been committed to the complainant's freehold; either for abatement of the nuisance or for dam­ages.—Assise of the forest. A statute touch­ing orders to be observed in the king's forests. Manwood, 35.—Assise rents. The certain es­tablished rents of the freeholders and ancient copyholders of a manor; so called because they are assised, or made precise and certain.— Grand assize. A peculiar species of trial by jury, introduced in the time of Henry II., giv­ing the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42, § 13. See 3 Bl. Comm. 341.
ASSISER. An assessor; juror; an officer who has the care and oversight of weights and measures.
ASSISOBS. In Scotch law. Jurors; the persons who formed that kind of court which in Scotland was called an "assise," for the purpose of inquiring into and judging divers civil causes, such as perambulations, cogni­tions, molestations, purprestures, and other matters; like jurors in England. Holthouse.
ASSIST. To help; aid; succor; lend countenance or encouragement to; partici­pate in as an auxiliary. People v. Hayne, 83 Cal. Ill, 23 Pac. 1, 7 L. R. A. 348, 17 Am. St. Rep. 211; Moss v. Peoples, 51 N. C. 142; Comitez v. Parkerson (O. C.) 50 Fed. 170.
Court of Assistance, Court of Assist­ants. See Court.
Writ of assistance. See WRIT.
ASSISTANT JUDGE. A judge Of the English court of general or quarter sessions in Middlesex. He differs from the other justices in being a barrister of ten years' standing, and in being salaried. St. 7 & 8 Vict. c. 71; 22 & 23 Vict c. 4; Pritch. Quar. Sess. 31.
ASSISUS. Rented or farmed out for a specified assise; that is, a payment of a cer­tain assessed rent in money or provisions.
ASSITHMENT. Weregeld or compensa­tion by a pecuniary mulct Cowell.
ASSIZE. In the practice of the criminal courts of Scotland, the fifteen men who de­cide on the conviction or acquittal of an ac­cused person are called the "assize," though in popular language, and even in statutes, they are called the "jury." Wharton. See Assise.
ASSIZES. Sessions of the justices or commissioners of assize. See Assise.
ASSIZES DE JERUSALEM. A code of feudal jurisprudence prepared by an as­sembly of barons and lords A. D. 1099, after the conquest of Jerusalem
ASSOCIATE. An officer in each of the English courts of common law, appointed by the chief judge of the court and holding his office during good behavior, whose duties were to superintend the entry of causes, to attend the sittings of nisi prius, and there receive and enter verdicts, and to draw up the posteas and any orders of nisi prius. The associates are now officers of the Su­preme Court of Judicature, and are styled "Masters of the Supreme Court" Wharton.
A person associated with the judges and clerk of assise in the commission of general jail delivery. Mozley & Whitley.
The term is frequently used of the judges of appellate courts, other than the presiding judge or chief justice.
ASSOCIATION. The aot of a number of persons who unite or join together for some special purpose or business. The union of a company of persons for the transaction of designated affairs, or the attainment of some common object.
An unincorporated society; a body of per­sons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecu­tion of some common enterprise. Allen v. Stevens, 33 App. Div. 485, 54 N. Y. Supp. 23; Pratt v. Asylum, 20 App. Div. 352, 46 N. T. Supp. 1035; State v. Steele, 37 Minn. 428, 34 N. W. 903; Mills v. State, 23 Tex. 303; Laycock v. State, 136 Ind. 217, 36 N. E. 137.
In English law. A writ directing cer­tain persons (usually the clerk and his sub­ordinate officers) to associate themselves with


the justices and sergeants for the purposes of taking the assises. 3 BL Comm. 59, 60.
—Articles of association. See Articles.— National banking associations. The stat­utory title of corporations organized for the purpose of carrying on the business of banking under the laws of the United States. Rev. St. U. S. § 5133 (U. S. Comp. St 1901, p. 3454).
ASSOCIE EN NOM. In French Law. In a society en commandite' an associd en nom is one who is liable for the engagements of the undertaking to the whole extent of his property. This expression arises from the fact that the names of the associ6s so liable figure in the firm-name or form part of the soci6t& en nom collecUf. Arg. Fr. Merc. Law, 546.
ASSOLL. To absolve; acquit; to set free; to deliver from excommunication. St. 1 Hen. IV. c 7; Cowell.
ASSOILZIE. In Scotch law. To acquit the defendant in an action; to find a crimi­nal not guilty.
ASSUME. To undertake; engage; prom­ise. 1 Ld. Raym. 122; 4 Coke, 92. To take upon one's self. Springer v. De Wolf, 194 111. 218, 62 N. B. 542, 56 L. R. A. 465, 88 Am. St Rep. 155.
ASSUMPSIT. Lat He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express if the promisor puts his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the cir­cumstances of the case.
In practice. A form of action which lies for the recovery of damages for the non-per­formance of a parol or simple contract; or a contract that is neither of record nor un­der seal. 7 Term, 351; Ballard v. Walker, 3 Johns. Cas. (N. Y.) 60.
The ordinary division of this action is in­to (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise. Steph. PI. 11, 13.
The action of assumpsit differs from tres­pass and trover, which are founded on a tort, not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from replevin, which seeks the recovery of specific property, if attainable, rather than of dam­ages.
—Implied assumpsit. An undertaking or promise not formally made, but presumed or implied from the conduct of a party. Willen-borg v. Illinois Cent. R. Co., 11 111. App. 302.— Special assumpsit. An action of assumpsit
is so called where the declaration sets out the precise language or effect of a special contract, which forms the ground of action; as distin­guished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the contract, not the agreement itself.
ASSUMPTION. The act or agreement of assuming or taking upon one's self; the un­dertaking or adoption of a debt or obligation primarily resting upon another, as where the purchaser of real estate "assumes" a mort­gage resting upon it, in which case he adopts the mortgage debt as his own and becomes personally liable for its payment. Eggleston v. Morrison, 84 111. App. 631; Locke v. Hom­er, 131 Mass. 93, 41 Am. Rep. 199; Springer v. De Wolf, 194 111. 218, 62 N. E. 542, 56 L. R, A. 465, 88 Am. St Rep. 155; Lenz v. Railroad Co., Ill Wis. 198, 86 N. W. 607.
The difference between the purchaser of land assuming a mortgage on it and simply buying subject to the mortgage, is that in the former case he makes himself personally liable for the payment of the mortgage debt, while in the lat ter case he does not. Hancock v. Fleming, 103 Ind 533, 3 N. E. 254; Braman v. Dowse, 12 Cush. (Mass.) 227.
Where one "assumes" a lease, he takes to himself the obligations, contracts, agree­ments, and benefits to which the other con­tracting party was entitled under the terms of the lease. Cincinnati, etc., R. Co. v. Indi­ana, etc., R. Co., 44 Ohio St 287, 314, 7 N. B. 152.
—Assumption of risk. A term or condition in a contract of employment, either express or implied from the circumstances of the employ­ment, by which the employe" agrees that dangers of injury ordinarily or obviously incident to the discharge of his duty in the particular employ­ment shall be at his own risk. Narramore v. Railway Co., 96 Fed, 301, 37 C. C. A. 499, 48 L. R. A. 68; Faulkner v. Mining Co., 23 Utah, 437, 66 Pac. 799; Railroad Co. v. Touhey, 67 Ark. 209, 54 S. W. 577, 77 Am. St. Rep. 109; Bodie v. Railway Co., 61 S. C. 468, 39 S. E. 715; Martin v. Railroad Co., 118 Iowa, 148, 91 N. W. 1034, 59 L. R. A. 698, 96 Am. St. Rep. 371.
ASSURANCE. In conveyancing. A
deed or instrument of conveyance. The le­gal evidences of the transfer of property are in England called the "common assurances" of the kingdom, whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. 2 Bl. Comm. 294. State v. Farrand, 8 N. J. Law, 335.
In contracts. A making secure; insur­ance. The term was formerly of very fre­quent use in the modern sense of insurance, particularly in English maritime law, and still appears in the policies of some compa­nies, but is otherwise seldom seen of late years. There seems to be a tendency, how­ever, to use assurance for the contracts of life insurance companies, and insurance for risks upon property.
Assurance, further, covenant for. See Covenant.


ASSURED. A person who has been In­sured by some insurance company, or under­writer, against losses or perils mentioned in the policy of insurance. Brockway v. In­surance Co. (C. O.) 29 Fed. 766; Sanford v. Insurance Co., 12 Cush. (Mass.) 548.
The person for whose benefit the policy is issued and to whom the loss is payable, not necessarily the person on whose life or property the policy is written. Thus where a wife insures her husband's life for her own benefit and he,has no interest in the policy, she is the "assured" and he the "insured." Hogle v. Insurance Co., 6 Bob. (N. Y.) 570; Ferdon v. Canfield, 104 N. Y. 143, 10 N. E. 146; Insurance Co. v. Luchs, 108 U. S. 498, 2 Sup. Ot. 949, 27 L. Ed. 800.
ASSURER. An insurer against certain perils and dangers; an underwriter; an in-demnifier.
ASSYTHEMENT. In Scotch law. Dam­ages awarded to the relative of a murdered person from the guilty party, who has not been convicted and punished. Paters. Comp.
ASTIPULATION. A mutual agreement, assent, and consent between parties; also a witness or record.
ASTITRARIUS ILXRES. An heir ap­parent who has been placed, by conveyance, in possession of his ancestor's estate during such ancestor's life-time. Co. Litt 8.
ASTITUTION. An arraignment, (q. v.)
ASTRARIUS. In old English law. A householder; belonging to the house; a per­son in actual possession of a house.
ASTRER. In old English law. A house­holder, or occupant of a house or hearth.
ASTRICT. In Scotch law. To assign to a particular mill.
ASTRICTION TO A MILL. A servi­tude by which grain growing on certain lands or brought within them must be carried to a certain mill to be ground, a certain multure or price being paid for the same. Jacob.
ASTRIHILTET. In Saxon law. A pen­alty for a wrong done by one in the king's peace. The offender was to replace the dam­age twofold. Spelman.
ASTRUM. A house, or place of habita­tion. Bract fol. 2676; CowelL
ASYLUM. 1. A sanctuary, or place of refuge and protection, where criminals and debtors found shelter, and from which they could not be taken without sacrilege. State v. Bacon, 6 Neb. 291; Cromie v. Institution of Mercy, 3 Bush (Ky.) 391.
2. Shelter; refuge; protection from the hand «f justice. The word includes not only
place, but also shelter, security, protection; and a fugitive from justice, who has com­mitted a crime in a foreign country, "seeks an asylum" at all times when he claims the use of the territories of the United States. In re De Giacomo, 12 Blatchf. 395, Fed. Cas. No. 3,747.
3. An institution for the protection and reliefy of unfortunates, as asylums for the poor, for the deaf and dumb, or for the in­sane. Lawrence v. Leidigh, 58 Kan. 594, 50 Pac. 600, 62 Am. St Rep. 631.
AT ARM'S LENGTH. Beyond the reach of personal influence or control. Parties are said to deal "at arm's length" when each stands upon the strict letter of his rights, and conducts the business in a formal manner, without trusting to the other's fair­ness or integrity, and without being subject to the other's control or overmastering in­fluence.
AT BAR. Before the court "The case at bar," etc. Dyer, 31.
AT LARGE. (1) Not limited to any par­ticular place, district person, matter, or ques­tion. (2) Free; unrestrained; not under corporal control; as a ferocious animal so free from restraint as to be liable to do mis­chief. (3) Fully; in detail; in an extended form.
AT LAW. According to law; by, for, or In law; particularly in distinction from that which is done in or according to equity; or in titles such as sergeant at law, barrister at law, attorney or counsellor at law. See Hooker v. Nichols, 116 N. a 157, 21 S. E. 208.
AT SEA. Out of the limits of any port or harbor on the sea-coast. The Harriet 1 Story, 251, Fed. Cas. No. 6,099. See Wales v. Insurance Co., 8 Allen (Mass.) 380; Hub­bard v. Hubbard, 8 N. Y. 199; Ex parte Thompson, 4 Bradf. Sur. (N. Y.) 158; Hut-ton v. Insurance Co., 7 Hill (N. Y.) 325; Bowen v. Insurance Co., 20 Pick. (Mass.) 276, 32 Am. Dec. 213; U. S. v. Symonds, 120 U. S. 46, 7 Sup. Ct. 411, 30 L. Ed. 557; U. S. v. Barnette, 165 U. S. 174, 17 Sup. Ot 286, 41 L. Ed. 675.
ATAMITA. In the civil law. A great-great-great-grandfather's sister.
ATA VIA. In the civil law. A great-grandmother's grandmother.
ATAVUNCULUS. The brother of a great-grandfather's grandmother.
ATAVUS. The great-grandfather's or great-grandmother's grandfather; a fourth grandfather. The ascending line of lineal ancestry runs thus: Pater, Avus, Proavus, Abavus, At avus, Tritavus. The seventh gen-


eration in the ascending scale will be Tritavi-pater, and the next above it Proavi-atavus.
ATHA. In Saxon law. An oath; the pow­er or privilege of exacting and administer­ing an oath. Spelman.
ATHEIST. One who does not believe in the existence of a God. Gibson v. Insurance Co., 37 N. Y. 584; Thurston v. Whitney, 2 Cush. (Mass.) 110; Com. v. Hills, 10 Cush. (Mass.) 53a
ATIA. Hatred or ill-will. See De Odio
ATLLIUM. The tackle or rigging of a ship; the harness or tackle of a plow. Spel­man.
ATMATERTERA. A great-grandfather's grandmother's sister, {ataviw sororj) called by Bracton "atmatertera magna." Bract, fol. 6S&.
ATPATRUTJS. The brother of a great­grandfather's grandfather.
ATRAVESADOS. In maritime law. A Spanish term signifying athwart, at right angles, or abeam; sometimes used as de­scriptive of the position of a vessel which is "lying to." The Hugo (D. C.) 57 Fed. 403, 410.
ATTACH. To take or apprehend by com­mandment of a writ or precept. Buckeye Pipe-Line Co. v. Fee, 62 Ohio St 543, 57 N. E. 446, 78 Am. St Rep. 743.
It differs from arrest, because it takes not only the body, but sometimes the goods, where­as an arrest is only against the person; be­sides, he who attaches keeps the party attach­ed in. order to produce him in court on the day named, but he who arrests lodges the person arrested in the custody of a higher power, to be forthwith disposed of. Fleta, hb. 5, c 24. See Attachment.
Attaching creditor. See Ceeditob.
ATTACHE. A person attached to the suite of an ambassador or to a foreign lega­tion.
ATTACHIAMENTA. L. Lat Attach­ment
—Attachiaxnenta bonorom. A distress for­merly taken upon goods and chattels, by the legal attaohiators or bailiffs, as security to an­swer an action for personal estate or debt—At-tachiamenta de spinis et boscis. A privi­lege granted to the officers of a forest to take to their own use thorns, brush, and windfalls, within their precincts. Kenn. Par. Antiq. 209. —Attachiaxnenta de placitns coronas. At­tachment of pleas of the crown. Jewison v. Dy­son, 9 Mees. & W. 544.
ATTACHMENT. The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons, or other judicial order, and bringing the same
into the custody of the law; used either for the purpose of bringing a person before the court of acquiring jurisdiction over the property seized, to compel an appearance, to furnish security for debt or costs, or to ar­rest a fund in the hands of a third person who may become liable to pay it over.
Also the writ or other process for the ac­complishment of the purposes above enu­merated, this being the more common use of the word.
Of persons. A writ issued by a court of record, commanding the sheriff to bring be­fore it a person who has been guilty of con­tempt of court either in neglect or abuse of its process or of subordinate powers. 3 Bl. Comm. 280; 4 Bl. Comm. 283; Burbach v. Light Co., 119 Wis. 384, 96 N. W. 829.
Of property. A species of mesne process, by which a writ is issued at the institution or during the progress of an action, com­manding the sheriff to seize the property, rights, credits, or effects of the defendant to be held as security for the satisfaction of such judgment as the plaintiff may recover. It is principally used against absconding, concealed, or fraudulent debtors. U. S. Cap­sule Co. v. Isaacs, 23 Ind. App. 533, 55 N. E. 832; Campbell v. Keys, 130 Mich. 127, 89 N. W. 720; Rempe v. Ravens, 68 Ohio St 113, 67 N. E. 282.
To give jurisdiction. Where the defend­ant is a non-resident, or beyond the terri­torial jurisdiction of the court his goods or land within the territory may be seized upon process of attachment; whereby he will be compelled to enter an appearance, or the court acquires jurisdiction so far as to dis­pose of the property attached. This is some­times called "foreign attachment."
Domestic and foreign. In some juris­dictions it is common to give the name "do­mestic attachment" to one issuing against a resident debtor, (upon the special ground of fraud, intention to abscond, etc.,) and to des­ignate an attachment against a non-resident or his property, as "foreign." Longwell v. Hartwell, 164 Pa. 533, 30 Atl. 495; Biddle v. Girard Nat Bank, 109 Pa. 356. But the term "foreign attachment" more properly belongs to the process otherwise familiar­ly known as "garnishment" It was a pe­culiar and ancient remedy open to cred­itors within the jurisdiction of the city of London, by which they were enabled to sat­isfy their own debts by attaching or seiz­ing the money or goods of the debtor in the hands of a third person within the juris­diction of the city. Welsh v. Blackwell, 14 N. J. Law, 346. This power and process sur­vive in modern law, in all common-law juris­dictions, and are variously denominated "garnishment," "trustee process," or "factor­izing."
—Attachment execution. A name given In some states to a process of garnishment for


the satisfaction of a judgment As to the judg­ment debtor it is an execution; but as to the garnishee it is an original process—a summons commanding him to appear and show cause, if any he has, why the judgment should not be levied on the goods and effects of the defendant in his hands. Kennedy v. Agricultural Ins. Co., 165 Pa. 179, 30 Atl. 724; Appeal of Lane, 105 Pa. 61, 51 Am. Rep. 166.—Attachment of privilege. In English law. A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself belongs, and who has the privilege to answer there. A writ issued to apprehend a person in a privileged place. Termes de la Ley.—Attachment of the forest. One of the three courts formerly held in forests. The highest court was called justice in eyre's seat;" the middle, the "swainmote;" and the lowest, the "attachment" Manwood, 90, 99.
ATTAINDER. That extinction of civil rights and capacities which takes place when­ever a person who has committed treason or felony receives sentence of death for his crime. 1 Steph. Oomm. 408; 1 Bish. Crim. Law, § 641; Green v. Shumway, 39 N. Y. 431; In re Garland, 32 How. Prac. (N. Y.) 251; Cozens v. Long, 3 N. J. Law, 766; State v. Hastings, 37 Neb. 96, 55 N. W. 781.
It differs from conviction, in that it is after judgment, whereas conviction is upon the ver­dict of guilty, but before judgment pronounced, and may be quashed upon some point of law reserved, or judgment may be arrested. The consequences of attainder are forfeiture of property and corruption of blood. 4 Bl. Comm.
At the common law, attainder resulted in three ways, viz.: by confession, by verdict, and by process or outlawry. The first case was where the prisoner pleaded guilty at the bar, or having fled to sanctuary, confessed his guilt and abjured the realm to save his life. The second was where the prisoner pleaded not guilty at the bar, and the jury brought in a verdict against him. The third, when the person accused made his escape and was outlawed.
—Bill of attainder. A legislative act, di­rected against a designated person, pronounc­ing him guilty of an alleged crime, (usually trea­son,) without trial or conviction according to the recognized rules of procedure, and passing sentence of death and attainder upon him. "Bills of attainder," as they are technically called, are such special acts of the legislature as inflict capital punishments upon persons supposed to be guilty of high offenses, such as treason and felony, without any conviction in the ordinary course of judicial proceedings If an act inflicts a milder degree of punishment than death, it is called a "bijl of pains and pen­alties," but both are included in the prohibition in the Federal constitution. Story, Const. § 1344; Cummings v. Missouri, 4 Wall. 323, 18 L. Ed. 356; Ex parte Garland, 4 Wall. 387. 18 L. Ed. 366; People v. Hayes, 140 N. Y. 484, 35 N. R 951, 23 L. R. A. 830, 37 Am. St Rep, 572; Green v. Shumway, 39 N. Y. 431; In re Yung Sing Hee (C. C.) 36 Fed. 439.
ATTAINT. In old English practice. A writ which lay to inquire whether a jury of twelve men had given a false verdict, in or­der that the judgment might be reversed. 3 Bl. Comm. 402; Bract, fol. 2886-292. This inquiry was made by a grand assise or jury
of twenty-four persons, and, if they found the verdict a false one, the judgment wai. that the jurors should become infamous, should forfeit their goods and the profits of their lands, should themselves be imprisoned, and their wives and children thrust out of doors, should have their houses razed, their trees extirpated, and their meadows plowed up, and that the plaintiff should be restored to all that he lost by reason of the unjust verdict 3 Bl. (Comm. 404; Co. Litt 2946.
A person was said to be attaint when he was under attainder, (g. v.) Co. Litt 3906.
ATTAINT D'UNE CAUSE. In French law. The gain of a suit
ATTEMPT. In criminal law. An effort or endeavor to accomplish a crime, amount­ing to more than mere preparation or plan­ning for it, and which, if not prevented, would have resulted in the full consumma­tion of the act attempted, but which, in fact does not bring to pass the party's ultimate design. People v. Moran, 123 N. Y. 254, 25 N. E. 412, 10 L. R. A. 109, 20 Am. St. Rep. 732; Gandy v. State, 13 Neb. 445, 14 N. W. 143; Scott v. People, 141 111. 195, 30 N. E. 329; Brown v. State, 27 Tex. App. 330, 11 S. W. 412; U. S. v. Ford (D. C.) 34 Fed. 26; Com. v. Eagan, 190 Pa. 10, 42 Atl. 374.
An intent to do a particular criminal thing combined with an act which falls short of the thing intended. 1 Bish. Crim. Law, § 728.
There is a marked distinction between "at­tempt" and "intent." The former conveys the idea of physical effort to accomplish an act; the latter, the quality of mind with which an act was done. To charge, in an indictment, an assault with an attempt to murder, is not equivalent to charging an assault with intent to murder. State v. Marshall, 14 Ala. 411.
ATTENDANT. One who owes a duty or service to another, or in some sort depends upon him. Termes de la Ley. One who fol­lows and waits upon another.
ATTENDANT TERMS. In English law. Terms, (usually mortgages,) for a long period of years, which are created or kept out­standing for the purpose of attending or waiting upon and protecting the inheritance. 1 Steph. Comm. 351.
A phrase used in conveyancing to denote es­tates which are kept alive, after the objects for which they were originally created have ceased, so that they might be deemed merged or satis­fied, for the purpose of protecting or strengthen­ing the title of the owner. Abbott
ATTENTAT. Lat He attempts. In the civil and canon law. Anything wrongfully innovated or attempted in a suit by an in­ferior judge, (or judge a quo,) pending an appeal. 1 Addams, 22, note; Shelf. Mar. & Div. 562.
ATTERMINARE. In old English law. To put off to a succeeding term; to prolong


the time of payment of a debt St Westm. 2, c. 4; Cowell; Blount
ATTERMINING. In old English law. A putting off; the granting of a time or term, as tor the payment of a debt Cowell.
ATTERMOIEMENT. In canon law. A making terms; a composition, as with cred­itors. 7 Low. Can. 272, 306.
ATTEST. To witness the execution of a written instrument, at the request of him who makes it, and subscribe the same as a witness. White v. Magarahan, 87 Ga. 217, 13 S. E. 509; Logwood v. Hussey, 60 Ala. 424; Arrington v. Arnngton, 122 Ala. 510, 26 South. 152. This is also the technical word by which, in the practice in many of the states, a certifying omcer gives assurance of the genuineness and correctness ot a copy.
An "attested" copy of a document is one which has been examined and compared with the original, with a certificate or memoran­dum of its correctness, signed by the persons who have examined it Goss, etc., Co. v. People, 4 111. App. 515; Donaldson v. Wood, 22 WTend. (N. Y.) 400; Gerner v. Mosher, 58 Neb. 135, 78 N. W. 3S4, 46 L. R. A. 244.
ATTESTATION. The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing it as a witness. See Attest.
Execution and attestation are clearly dis­tinct formalities; the tormer being the act of the party, the latter of the witnesses only.
—Attestation clause. That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.—Attesting wit­ness. One who signs his name to an instru­ment, at the request of the party or parties, for the purpose of proving and identifying it. Skin­ner v. Bible Soc, 92 Wis. 209, 65 N. W. 1037.
Scotch practice. A person who attests the sufficiency of a cautioner, and agrees to be­come subsidiarie liable for the debt. BelL
ATTILE. In old English law. Rigging; tackle. Cowell.
ATTORN. In feudal law. To transfer or turn over to another. Where a lord alien­ed his seigniory, he might with the consent of the tenant, and in some cases without attorn or transfer the homage and service of the latter to the alienee or new lord. Bract fols. 816, 82.
In modern law. To consent to the trans­fer of a rent or reversion. A tenant is said to attorn when he agrees to become the ten­ant of the person to whom the reversion has been granted. See Attobnment.
ATTORNARE. In feudal law. To at-torn; to transfer or turn over; to appoint an attorney or substitute.
—Attornare rem. To turn over money or goods, u e., to assign or appropriate them to some particular use or service.
ATTORN ATO FACIENDO VEL RE-CIPIENDO. In old English law. An ob­solete writ which commanded a sheriff or steward of a county court or hundred court to receive and admit an attorney to appear for the person who owed suit of court Fifczh. Nat. Brev. 156.
ATTORNE. L. Fr. In old English law. An attorney. Britt c. 126.
ATTORNEY. In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another. In re Bicker, 66 N. H. 207, 29 Atl. 559, 24 L. R. A. 740; Eichelberger v. Sitford, 27 Md. 320.
It is "an ancient English word, and signi-fieth one that is set in the turne, stead, or place of another; and of these some be pri­vate * * * and some be publike, as at­torneys at law." Co. Litt 51&, 128a; Britt 2S5&.
One who is appointed by another to do something in his absence, and who has au­thority to act in the place and turn of him by whom he is delegated.
WThen used with reference to the proceed­ings ot courts, or the transaction of business in the courts, the term always means "at­torney at law," q. v. And see People v. May, 3 Mich. 603; Kelly v. Herb, 147 Pa. 563, 23 Atl. 8S9; Clark v. Morse, 16 La. 576.
—Attorney ad hoc. See Ad Hoc—Attor­ney at large. In old practice. An attorney who practised in all the courts. Cowell.—At­torney in fact. A private attorney authoriz­ed by another to act in his place and stead, either for some particular purpose, as to do a particular act, or for the transaction of busi­ness in general, not of a legal character. This authority is conferred by an instrument in writing, called a '"letter of attorney," or more commonly a "power of attorney." Treat v. Tolman, 113 Fed. 893, 51 O. C. A. 522; Hall v. Sawyer, 47 Barb. (N. Y.) 119; White v. Furgeson, 29 Ind. App 144, 64 N. E. 49—At­torney of record. The one whose name la entered on the record of an action or suit as the attorney of a designated party thereto. De-laney v. Husband, 64 N. J. Law, 275, 45 Atl. 265.—Attorney of the wards and liveries. In English law. This was the third officer of the duchy court. Bac Abr. "Attorney."— Public attorney. This name is sometimes given to an attorney at law, as distinguished from a private attorney, or attorney in fact-Attorney's certificate. In English law. A certificate that the attorney named has paid the annual tax or duty. This is required to be taken out every year by all practising attorneys under a penalty of fifty pounds.—Attorney's lien. See Lien.—Letter of attorney. A power of attorney; a written instrument by which one person constitutes another his true and lawful attorney, in order that the latter may dc for the former, and in his place and


stead, some lawful act. People v. Smith, 112 Mich. 192, 70 N. W. 4G6, 67 Am. St Rep. 392; Civ. Code La. 1900. art. 2985.
ATTORNEY AT LAW. An advocate, counsel, official agent employed in preparing, managing, and trying cases in the courts. An officer in a court of justice, who is em­ployed by a party in a cause to manage the same for him.
In English law. An attorney at law was a public officer belonging to the superior courts of common law at Westminster, who conducted legal proceedings on behalf of oth­ers, called his clients, by whom he was re-tamed; he answered to the solicitor in the courts of chancery, and the proctor of the admiralty, ecclesiastical, probate, and divorce courts. An attorney was almost invariably also a solicitor. It is now provided by the judicature act, 1873, § 87, that solicitors, at­torneys, or proctors of, or by law empowered to practise in, any court the jurisdiction; of which is by that act transferred to the high court of justice or the court of appeal, shall be called "solicitors of the supreme court." Wharton.
The term is in use in America, and in most of the states includes "barrister," "counsellor," and "solicitor," in the sense in which those terms are used in England. In some states, as well as in the United States supreme court, "attorney" and "counsellor" are distinguishable, the former term being applied to the younger members of the bar, and to those who carry on the practice and formal parts of the suit, while "counsellor" is the adviser, or special counsel retained to try the cause. In some ju­risdictions one must have been an attorney for a given time before he can be admitted to practise as a counsellor. Rap. & L.
ATTORNEY GENERAL. In English law. The chief law officer of the realm, be­ing created by letters patent, whose office is to exhibit informations and prosecute for the crown in matters criminal, and to file bills in the exchequer in any matter concerning the king's revenue. State v. Cunningham, 83 Wis. 90, 53 N. W. 35, 17 L. R. A. 145, 35 Am. St. Rep. 27.
In American law. The attorney general of the United States is the head of the de­partment of justice, appointed by the presi­dent, and a member of the cabinet. He ap­pears in behalf of the government in all cases in the supreme court in which it is in­terested, and gives his legal advice to the president and heads of departments upon questions submitted to him.
In each state also there is an attorney gen­eral, or similar officer, who appears for the people, as in England the attorney general appears for the crown. State v. District Court, 22 Mont. 25, 55 Pac. 916; People v. Kramer, 33 Misc. Rep. 209, 68 N. Y. Supp. 383.
ATTORNEYSHIP. The office of an agent or attorney.
ATTORNMENT. In feudal and old Eng­lish law. A turning over or transfer by a lord of the services of his tenant to the grantee of his seigniory.
Attornment is the act of a person who holds a leasehold interest in land, or estate for life or years, by which he agrees to be­come the tenant of a stranger who has ac­quired the fee in the land, or the remainder or reversion, or the right to the rent or serv­ices by which the tenant holds. Lindley v. Dakin, 13 Ind. 388; Willis v. Moore, 59 Tex. 636, 46 Am. Rep. 284; Foster v. Morris, 3 A. K. Marsh. (Ky.) 610, 13 Am. Dec. 205.
AU BESOIN. In case of need. A French phrase sometimes incorporated in a bill of exchange, pointing out some person from whom payment may be sought in case the drawee fails or refuses to pay the bilL Story, Bills, § 65.
AUBAINE. See Dboit d'Aubaine.
AUCTION. A public sale of land or goods, at public outcry, to the highest bid­der. Russell v. Miner, 61 Barb. (N. Y.) 539; Hibler v. Hoag, 1 Watts & S. (Pa.) 553; Crandall v. State, 28 Ohio St 481.
A sale by auction is a sale by public out­cry to the highest bidder on the spot. Civ. Code Cal. § 1792; Civ. Code Dak. § 1022.
The sale by auction is that which takes place when the thing is offered publicly to be sold to whoever will give the highest price. Civ. Code La. art. 2601.
Auction is very generally defined as a sale to the highest bidder, and this is the usual meaning. There may, however, be a sale to the lowest bidder, as where land is sold for non-payment of taxes to whomsoever will take it for the shortest term; or where a contract is offered to the one who will perform it at the lowest price. And these appear fairly included in the term "auction." Abbott.
—Dutch auction. A method of sale by auc­tion which consists in the public offer of the property at a price beyond its value, and then gradually lowering the price until some one becomes the purchaser. Crandall v. State, 28 Ohio St. 482.—Public auction. A sale of property at auction, where any and all per­sons who choose are permitted to attend and offer bids. Though this phrase is frequently used, it is doubtful whether the word "public" adds anything to the force of the expression, since "auction" itself imports publicity. If there can be such a thing as a private auction, it must be one where the property is sold to the highest bidder, but only certain persons, or a certain class of persons, are permitted to be preseat or to offer bids.
AUCTIONARLX. Catalogues of goods for public sale or auction.
AUCTIONARIUS. One wtho bought and sold again at an increased price; an auctioneer. Spelman.
AUCTIONEER. A person authorized or licensed by law to sell lands or goods of other persons at public auction; one who


sells at auction. Crandall v. State, 28 Ohio St. 481; Williams v. Millington, 1 H. BL 83; Russell v. Miner, 5 Lans. (N. Y.) 539.
Auctioneers differ from brokers, in that the latter may both buy and sell, whereas auction­eers can only sell; also brokers may sell by private contract only, and auctioneers by pub­lic auction, only. Auctioneers can only sell goods for ready money, but factors may sell up­on credit. Wilkes v. Ellis, 2 H. Bl. 557; Stew­ard v. Winters, 4 Sandf. Oh. (N. Y.) 590.
AUCTOR. In the Roman law. An auctioneer.
In the civil law. A grantor or vendor of any kind.
In old French law. A plaintiff. Kel-ham.
AUCTORITAS. In the civil law. Au­thority.
In old European law. A diploma, or royal charter. A word frequently used by Gregory of Tours and later writers. Spel-man.
Anctoritates philosophorum, medico-ram, et poetarnm, sunt in causis alle-gandse et tenendse. The opinions of phil­osophers, physicians, and poets are to be alleged and received in causes. Co. Litt 264.
Ancnpia verbornm sunt judice indig-
na. Catching at words is unworthy of a judge. Hob. 343.
Audi alteram partem. Hear the other side; hear both sides. No man should be condemned unheard. Broom, Max. 113. See LB.2P. p. 106.
AUDIENCE. In international law. A hearing; interview with the sovereign. The king or other chief executive of a country grants an audience to a foreign minister who comes to him duly accredited; and, after the recall of a minister, an "audience of leave" ordinarily is accorded to him.
AUDIENCE COURT. In English law. A court belonging to the Archbishop of Can­terbury, having jurisdiction of matters of form only, as' the confirmation of bishops, and the like. This court has the same au­thority with the Court of Arches, but is of inferior dignity and antiquity. The Dean of the Arches is the official auditor of the Audi­ence court The Archbishop of York has also his Audience court.
frit or commission to certain persons to ap­pease and punish any insurrection or great riot. Fitzh. Nat. Brev. 110.
AUDIT. As a verb; to make an official Investigation and examination of accounts and vouchers.
As a noun; the process of auditing ac­counts; the hearing and investigation had'
before an auditor. People v. Green, 5 Daly <N. Y.) 200; Maddox v. Randolph County, 65 Ga. 218; Machias River Co. v. Pope, 35 Ma 22; Cobb County v. Adams, 68 Ga. 51; Clement v. Lewiston, 97 Me. 95,-53 Atl. 985; People v. Barnes, 114 N. Y. 317, 20 N. E. 609; In re Clark, 5 Fed. Cas. 854.
AUDITA QUERELA. The name of a writ constituting the initial process in an ac­tion brought by a judgment defendant to ob­tain relief against the consequences of the Judgment, on account of some matter of de­fense or discharge, arising since its rendi­tion and which could not be taken advantage of otherwise. Foss v. Witham, t 9 Allen {Mass.) 572; Longworth V. Screven, 2 Hill (S. C.) 298, 27 Am. Dec. 381; McLean v. Bindley, 114 Pa. 559, 8 Atl. 1; Wetmore r. Law, 34 Barb. (N. Y.) 517; Manning v. Phillips, 65 Ga. 550; Coffin v. Ewer, 5 Mete. (Mass.) 228; Gleason v. Peck, 12 Vt 56, 36 Am. Dec. 329.
AUDITOR. A public officer whose func­tion is to examine and pass upon the ac­counts and vouchers of officers who have re­ceived and expended public money by lawful authority.
In practice. An officer (or officers) of the court, assigned to state the items of debit and credit between the parties in a suit where accounts are in question, and exhibit the balance. Whitwell v. Willard, 1 Mete. (Mass.) 218.
In English law. An officer or agent of the crown, or of a private individual, or cor­poration, who examines periodically the ac­counts of under officers, tenants, stewards, or bailiffs, and reports the state of their ac­counts to his principal.
—Auditor of the receipts. An officer of the English exchequer. 4 Inst. 107.—Auditors of the imprest. Officers in the English ex­chequer, who formerly had the charge of audit­ing the accounts of the customs, naval and mili­tary expenses, etc., now performed by the com­missioners for auditing public accounts.
AUGMENTATION. The increase of the crown's revenues from the suppression of religious houses and the appropriation of their lands and revenues.
Also the name of a court (now abolished) erected 27 Hen. VIII., to determine suits and controversies relating to monasteries and abbey-lands.
Augusta legibus solnta non est. The
empress or queen is not privileged or ex­empted from subjection to the laws. 1 BL Comm. 219; Dig. 1, 3, 31.
AULA. In old English law. A hall, or court; the court of a baron, or manor; a court baron, Spelman.
—Aula ecclesise. A nave or body of a church where temporal courts were anciently held.— Aula regis. The chief court of England in


earty Norman times. It was established by William the Conqueror in his own hall. It was composed of the great officers of state, resident in the palace, and followed the king's household in all his expeditions.
AUXNAGE. See Alnageb.
AULNAGER. See Alnageb.
AUMEEN. In Indian law. Trustee; com­missioner; a temporary collector or su­pervisor, appointed to the charge of a coun­try on the removal of a zemindar, or for any other particular purpose of local investiga­tion or arrangement
AUMIIi. In Indian law. Agent; officer; native collector of revenue; superintendent of a district or division of a country, either on the part of the government zemindar or renter.
AUMIIiDAB. In Indian law. Agent; the holder of an office; an intendant and collector of the revenue, uniting civil, mili­tary, and financial powers under the Mo­hammedan government.
AUMONE, SERVICE IN. Where lands are given in alms to some church or reli­gious house, upon condition that a service or prayers shall be offered at certain times for the repose of the donor's soul. Britt 164.
AUNCEL WEIGHT. In English law. An ancient mode of weighing, described by Cowell as "a kind of weight with scales hanging, or hooks fastened to each end of a staff, which a man, lifting up upon his fore­finger or hand,( discerneth the quality or difference between the weight and the thing weighed."
AUNT. The sister of one's father or mother, and a relation in the third degree, correlative to niece or nephew.
AURA EPILEPTICA. In medical juris­prudence. A term used to designate the sensation of a cold vapor frequently experi­enced by epileptics before, the loss of con­sciousness occurs in an epileptic fit. Aurentz v. Anderson, 3 Pdttsb. R. (Pa.) 311.
AURES. A Saxon punishment by cutting off the ears, inflicted on those who robbed churches, or were guilty of any other theft.
AURUM REGIN.ffi. Queen's gold. A royal revenue belonging to every queen con­sort during her marriage with the king.
AUTER, Autre. L. Fr. Another; other.
—Anter action pendant. In pleading. An­other action pending. A species of plea in abatement. 1 Chit PI. 454.—Anter droit. In right of another, e. p., a trustee holds trust property in right of his cestui que trust. A prochein amy sues in right of an infant 2 Bl. Comm. 17&
AUTHENTIC. Genuine; true; having the character and authority of an original; duly vested with all necessary formalities and legally attested; competent, credible, and reliable as evidence. Downing v. Brown, 3 Colo. 590.
AUTHENTIC ACT. In the civil law. An act which has been executed before a notary or other public officer authorized to execute such functions, or which is testified by a public seal, or has been rendered public by the authority of a competent magistrate, or which is certified as being a copy of a public register. Nov. 73, c. 2; Cod. 7, 52, 6, 4, 21; Dig. 22, 4.
The authentic act, as relates to contracts, is that which has been executed before a no­tary public or other officer authorized to exe­cute such functions, in presence of two wit­nesses, free, male, and aged at least fourteen years, or of three witnesses, if the party be blind. If the party does not know how to sign, the notary must cause him to affix his mark to the instrument All proces verbals of sales of succession property, signed by the sheriff or other person making the same, by the purchaser and two witnesses, are au­thentic acts. Civil Code La. art 2234.
evidence. The act or mode of giving au­thority or legal authenticity to a statute, rec­ord, or other written instrument, or a certi­fied copy thereof, so as to render it legally admissible in evidence. Mayfield v. Sears, 133 Ind. 86, 32 N. E. 816; Hartley v. Ferrell, 9 Fla. 380; In re Fowler (C. C.) 4 Fed. 303. An attestation made by a proper officer by which he certifies that a record is in due form of law, and that the person who certi­fies it is the officer appointed so to do.
AUTHENTTCS. In the civil law. A Latin translation of the Novels of Justinian by an anonymous author; so called because the Novels were translated entire, in order to distinguish it from the epitome made by Julian.
There is another collection so called, com­piled by Irnier, of incorrect extracts from the Novels and inserted by him in the Code, in the places to which they refer.
AUTHENTICUM. In the civil law. An original instrument or writing; the original of a will or other instrument, as distinguish­ed from a copy. Dig. 22, 4, 2; Id. 29, 3, 12.
AUTHOR. One who produces, by his own intellectual labor applied to the materi­als of his composition, an arrangement or compilation new in itself. Atwill v. Ferrett 2 Blatchf. 39, Fed. Cas. No. 640; Nottage v. Jackson, 11 Q. B. Div. 637; Lithographic Co. v. Sarony, 111 U. S. 53, 4 Sup. Ct 279, 28 L. Ed. 349.

AUTHORITIES. Citations to statutes, precedents, judicial decisions, and textbooks of the law, made on the argument of ques­tions of law or the trial of causes before a court, in support of the legal positions con­tended for.
AUTHORITY. In contracts. The law­ful delegation of power by one person to an­other.
In the English law relating to public ad­ministration, an authority is a body having jurisdiction in certain matters of a public nature.
In governmental law. Legal power; a right to command or to act; the right and power of public officers to require obedience to their orders lawfully issued in the scope of their public duties.
Authority to execute a deed must be given by deed. Com. Dig. "Attorney," C, 5; 4 Term, 313; 7 Term, 207; 1 Holt, 141; Blood v. Goodrich, 9 Wend. (N. Y.) 68, 75, 24 Am. Dec. 121; Banorgee v. Hovey, 5 Mass. 11, 4 Am. Dec. 17; Cooper v. Rankin, 5 Bin. (Pa.) 613.
AUTO ACORDABO. In Spanish colonial law. An order emanating from some su­perior tribunal, promulgated in the name and by the authority of the sovereign. Schm. Civil Law, 93.
AUTOCRACY. The name of an unlim­ited monarchical government. A government at the will of one man, (called an "auto­crat,") unchecked by constitutional restric­tions or limitations,
AUTOGRAPH. The handwriting of any one.
AUTOMATISM. In medical jurispru­dence, this term is applied to actions or conduct of an individual apparently occur­ring without will, purpose, or reasoned in­tention on his part; a condition sometimes observed in persons who, without being ac­tually insane, suffer from an obscuration of the mental faculties, loss of volition or of memory, or kindred affections. "Ambulatory automatism" describes the pathological im­pulse to purposeless and irresponsible wan­derings from place to place often character­istic of patients suffering from loss of mem­ory with dissociation of personality.
AUTONOMY. The political independ­ence of a nation; the right (and condition) of self-government.
AUTOPSY. The dissection of a dead body for the purpose of inquiring into the cause of death. Pub. St. Mass. 1882, p. 1288. Sudduth v. Insurance Co. (a C.) 106 Fed. 823.
AUTRE. L. Fr. Another.
—Autre action pendant. Another action pending.—Autre droit. The right of another. —Autre vie. Another's life. A person hold­ing an estate for or during the life of another is called a tenant "»wr autre vie," or "pur terme d'autre v%e.n Litt. § 56; 2 Bl. Comm. 120.
AUTREFOIS. L. Fr. At another time; formerly; before; heretofore.
—Autrefois acquit. In criminal law. For­merly acquitted. The name of a plea in bar to a criminal action, stating that the defendant has been once already indicted and tried for the same alleged offense and has been acquitted. Simco v. State, 9 Tex. App. 348; U. S. v. Gibert, 25 Fed. Cas. 1,294.—Autrefois at­taint. In criminal law. Formerly attainted. A plea that the defendant has already been at­tainted for one felony, and therefore cannot be criminally prosecuted for another. 4 Bl. Comm. 336.—Autrefois convict. Formerly convicted. In criminal law. A plea by a crim­inal in bar to an indictment that he has been formerly convicted of the same identical crime. 4 Bl. Comm. 336; 4 Steph. Comm. 404; Sim­co v. State, 9 Tex. App. 348; U. S v. Olsen (D. C.) 57 Fed. 582; Shepherd v. People, 25 N. Y. 420.
AUXILIARY. Aiding; attendant on J ancillary, (q. v.) As an auxiliary bill in equity, an auxiliary receiver. See Buckley v. Harrison, 10 Misc. Rep. 683, 31 N. Y. Supp. 1001.
AUXILIUM. In feudal and old English law Aid; compulsory aid, hence a tax or tribute; a kind of tribute paid by the vas­sal to his lord, being one of the incidents of the tenure by knight's service. Spelman.
—Auxilium ad nlium militem faciendum et filiam maritandam. An ancient writ which was addressed to the sheriff to levy com-pulsorily an aid towards the knighting of a son. and the marrying of a daughter of the tenants in capite of the crown.—Auxilium curiae. In old English law. A precept or order of court citing and convening a party, at the suit and request of another, to warrant something.— Auxilium regis. In English law. The king's aid or money levied for the royal use and the public service, as taxes granted by parliament. —Auxilium vice comiti. An ancient duty paid to sheriffs. Cowell.
AVAIL OF MARRIAGE. In feudal law. The right of marriage, which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. A guardian in socage had also the same right, but not attended with the same advantage. 2 Bl. Comm. 88.
In Scotch, law. A certain sum due by the heir of a deceased ward vassal, when the heir became of marriageable age. Ersk. Inst. 2, 5, 18.
AVAILABLE MEANS. This phrase, among mercantile men, is a term well un­derstood to be anything which can readily be converted into money; but it is not nec­essarily or primarily money itself. McFad-den v. Leeka, 48 Ohio St 513, 28 N. E. 874;


Benedict v. Huntington, 32 N. T. 224; Brig-ham v. Tillinghast, 13 N. Y. 2ia
AVAILS. Profits, or proceeds. This word seems to have been construed only In reference to wills, and in them it means the corpus or proceeds of the estate after the payment of the debts. 1 Amer. & Eng. Enc. Law, 1039. See Allen v. De Witt, 3 N. T. 279; McNaughton t. McNaughton, 34 N. T. 201.
AVAL. In French law. The guaranty of a bill of exchange; so called because usu­ally placed at the foot or bottom {aval) of the bill. Story, Bills, §§ 394, 454.
The act of subscribing one's signature at the bottom of a promissory note or of a bill of exchange; properly an act of suretyship, by the party signing, in favor of the party to whom the note or bill is given. 1 Low. Can. 221.
AVANTUBE. L. Fr. Chance; hazard; mischance.
AVARIA, AVARIE. Average; the loss and damage suffered in the course of a navi­gation. Poth. Mar. Louage, 105.
AVENAGE. A certain quantity of oats paid by a tenant to his landlord as rent, or in lieu of some other duties.
mischance causing the death of a man, as where a person is suddenly drowned or killed by any accident, without felony. Co. Litt. 391.
AVER. L. Fr. To have.
—Aver et tener. In old conveyancing. To have and to hold.
AVER, v. In pleading. To declare or assert; to set out distinctly and formally; to allege.
In old pleading. To avouch or verify. Litt. § 691; Co. Litt 3626. To make or prove true; to make good or justify a plea.
AVER, n. In old English and French. Property; substance, estate, and particular­ly live stock or cattle; hence a working ibeast; a horse or bullock.
—Aver corn. A rent reserved to religious houses, to be paid by their tenants in corn. —Aver land. In feudal law. Land plowed by the tenant for the proper use of the lord of the soil.—Aver penny. Money paid towards the king's averages or carriages, and so to be freed thereof.—Aver silver. A custom or rent formerly so called.
AVERAGE. A medium, a mean propor­tion.
In old English law. A service by horse or carriage, anciently due by a tenant to his
lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman.
Stubble, or remainder of straw and grass left in corn-fields after harvest. In Kent it is called "gratten," and in other parts "roughings."
In maritime law. Loss or damage acci­dentally happening to a vessel or to its cargo during a voyage.
Also a small duty paid to masters of ships, when goods are sent in another man's ship, for their care of the goods, over and above the freight.
In marine insurance. Where loss or damage occurs to a vessel or Its cargo at sea, average is the adjustment and appor­tionment of such loss between the owner, the freight, and the cargo, in proportion to their respective interests and losses, in order that one may not suffer the whole loss, but each contribute ratably. Coster v. Insurance Co., 2 Wash. C. C. 51, 6 Fed. Cas. 611; Insur­ance Co. v. Bland, 9 Dana (Ky») 147; Whit-teridge v. Norris, 6 Mass. 125; Nlckerson v. Tyson, 8 Mass. 467; Insurance Co. v. Jones, 2 Bin. (Pa.) 552. It is of the follow­ing kinds:
General average (also called "gross") con­sists of expense purposely incurred, sacrifice made, or damage sustained for the common safety of the vessel, freight, and cargo, or the two of them, at risk, and is to be con­tributed for by the several interests in the proportion of their respective values exposed to the common danger, and ultimately sur­viving, including the amount of expense, sacrifice, or damage so incurred in the con­tributory value. 2 Phil. Ins. f 1269 et seq. 2 Steph. Comm. 179; Padelford v. Board-man, 4 Mass. 548.
Particular average is a loss happening to the ship, freight, or cargo which is not to be shared by contribution among all those in­terested, but must be borne by the owner of the subject to which it occurs. It is thus called in contradistinction to general aver­age. Bargett v. Insurance Co., 3 Bosw. (N. Y.) 395.
Petty average. In maritime law. A term used to denote such charges and disburse­ments as, according to occurrences and the custom of every place, the master necessari­ly furnishes for the benefit of the ship and cargo, either at the place of loading or un­loading, or on the voyage; such as the hire of a pilot for conducting a vessel from one place to another, towage, light money, bea­conage, anchorage, bridge toll, quarantine and such like. Park, Ins. 100. The particulars belonging to this head depend, however, en­tirely upon usage. Abb. Ship. 404.
Simple average. Particular average, (q. v.)
—Average charges. "Average charges for toll and transportation" are understood to mean, and do mean, charges made at a mean rate, ob­tained by dividing the entire receipts for toll


and transportation by the whole quantity of tonnage carried, reduced to a common standard of tons moved one mile. Hersh v. Railway Co., 74 Pa. 190.—Average prices. Such as are computed on all the prices of any articles sold within a certain period or district.—Gross average. In maritime law. A contribution made by the owners of a ship, its cargo, and the freight, towards the loss sustained by the volun­tary and necessary sacrifice of property for the common safety, in proportion to their respective interests. More commonly called "general aver­age," (q. v.) See 3 Kent, Comm. 232; 2 Steph. Comm. 179. Wilson v. Cross, 33 Cal. 69.
AVERIA. In old English law. This term was applied to working cattle, such as horses, oxen, etc.
—Averia carrucse. Beasts of the plow.— Averiis captis in withernam. A writ granted to one whose cattle were unlawfully dis­trained by another and driven out of the coun­ty in which they were taken, so that they could not be replevied by the sheriff. Reg. Orig. 82.
AVERMENT. In pleading. A positive statement of facts, in opposition to argument or inference. 1 Chit. PL 320.
In old pleading. An offer to prove a plea, or pleading. The concluding part of a plea, replication, or other pleading, contain­ing new affirmative matter, by which the party offers or declares himself "ready to verify."
AVERRARE. In feudal law. A duty re­quired from some customary tenants, to car­ry goods in a wagon or upon loaded horses.
AVERSIO. In the civil law. An avert­ing or turning away. A term applied to a species of sale in gross or bulk. Letting a house altogether, instead of In chambers. 4 Kent, Comm. 517.
—Aversio pericnli. A turning away of peril. Used of a contract of insurance. 3 Kent, Comm. 263.
AVERXJM. Goods, property, substance; a beast of burden. Spelman.
AVET. A term used In the Scotch law, signifying to abet or assist.
AVIA. In the civil law. A grandmother. Inst 3, 6, 3.
AVIATICUS. In the civil law. A grand­son.
AVIZANDUM. In Scotch law. To make avizandum with a process is to take it from the public court to the private consideration of the judge. Bell.
AVOCAT. Fr. Advocate; an advocate.
AVOID. To annul; cancel; make void; to destroy the efficacy of anything.
AVOIDANCE. A making void, or of no effect; annulling, cancelling; escaping or evading.
In English ecclesiastical law. The term describes the condition of a benefice when it has no incumbent.
In parliamentary language, avoidance of a decision signifies evading or superseding a question, or escaping the coming to a de­cision upon a pending question. Holthouse.
In pleading. The allegation or statement of new matter, in opposition to a former pleading, which, admitting the facts alleged in such former pleading, shows cause why they should not have their ordinary legal effect Mahaiwe Bank v. Douglass, 31 Conn. 175; Cooper v. Tappan, 9 Wis. 366; Mead­ows v. Insurance Co., 62 Iowa, 387, 17 N. W. 600; Uri v. Hirsch (O. O.) 123 Fed. 570.
AVOIRDUPOIS. The name of a system of weights (sixteen ounces to the pound) used in weighing articles other than medi­cines, metals, and precious stones.
AVOUCHER. The calling upon a war­rantor of lands to fulfill his undertaking.
AVOUE. In French law. A barrister, advocate, attorney. An officer charged with representing and defending parties before the tribunal to which he is attached. Du-verger.
AVOW. In pleading. To acknowledge and justify an act done.
To make an avowry. For example, when replevin is brought for a thing distrained, and the party taking claims that he had a right to make the distress, he is said to avow. Newell Mill Co. v. Muxlow, 115 N. Y. 170, 21 N. E. 1048.
AVOWANT. One who makes an avowry.
AVOWEE. In ecclesiastical law. An advocate of a church benefice.
AVOWRY. A pleading in the action of replevin, by which the defendant avows, that is, acknowledges, the taking of the dis­tress or property complained of, where he took It In his own right, and sets forth the reason of it; as for rent in arrear, damage done, etc S Bl. Comm. 149; 1 Tidd. Pr. 645. Brown v. Bissett, 21 N. J. Law, 274; Hill v. Miller, 5 Serg. & R. (Pa.) 357.
Avowry is the setting forth, as in a declara­tion, the nature and merits of the defendant's case, showing that the distress taken by him was lawful, which must be done with such suf­ficient authority as will entitle him to a retor-no habendo. Hill v. Stocking, 6 Hill (N. Y.) 284.
An avowry must be distinguished from a jus­tification. The former species of plea admits the plaintiff's ownership of the property, but alleges a right in the defendant sufficient to warrant him in taking the property and which still subsists. A justification, on the other hand,


denies that the plaintiff had the right of prop­erty or possession in the subject-matter, alleg­ing it to have been in the defendant or a third person, or avers a right sufficient to warrant the defendant in taking it, although such right has not continued in 'force to the time of making answer.
AVOWTERER. In English law. An adulterer with whom a married woman con­tinues in adultery. Termes de la Ley.
AVOWTRY. In old English law. Adul­tery. Termes de la Ley.
AVULSION. The removal of a consid­erable quantity of soil from the land of one man, and its deposit upon or Annexation to the land of another, suddenly and by the perceptible action of water. 2 Washb. Real Prop. 452.
The property of the part thus separated continues in the original proprietor, in which respect avulsion differs from alluvion, by which an addition is insensibly made to a property by the gradual washing down of the river, and which addition becomes the property of the owner of the lands to which the addition is made. Wharton. And see Rees v. McDaniel, 115 Mo. 145, 21 S. W. 913; Nebraska v. Iowa, 143 U. S. 359, 12 Sup. Ct 396, 36 L. Ed. 186; Bouvier v. Stricklett, 40 Neb. 792, 59 N. W. 550; Chi­cago v. Ward, 169 111. 392, 48 N. E. 927, 38 L. R. A. 849, 61 Am. St Rep. 185.
AVUNCULUS. In the civil law. A moth­er's brother. 2 Bl. Comm. 230. Avunculus magnus, a great-uncle. Avunculus major, a great-grandmother's brother. Avunculus maximum, a great-great-grandmother's broth­er. See Dig. 38, 10, 10; Inst. 3, 6, 2.
AVUS. In the civil law. A grandfather Inst. 3, 6, 1.
AWAIT. A term used in old statutes, signifying a lying in wait, or waylaying.
AWARD, v. To grant, concede, adjudge to. Thus, a jury awards damages; the court awards an injunction. Starkey v. Minneapolis, 19 Minn. 206 (Gil. 166).
AWARD, n. The decision or determina­tion rendered by arbitrators or commission­ers, or other private or extrajudicial decid­ers, upon a controversy submitted to them; also the writing or document embodying such decision. Halnon v. Halnon, 55 Vt 321; Henderson v. Beaton, 52 Tex. 43; Pe­ters v. Peirce, 8 Mass. 398; Benjamin v. U. S., 29 Ct CI. 417.
AWAY-GOING CROP. A crop sown before the expiration of a tenancy, which cannot ripen until after its expiration, to which, however, the tenant is entitled. Broom, Max. 412.
AWM. In old English statutes. A meas­ure of wine, or vessel containing forty gal­lons.
AXIOM. In logic. A self-evident truth; an indisputable truth.
AYANT CAUSE. In French law. This term signifies one to whom a right has been assigned, either by will, gift, sale, exchange, or the like; an assignee. An ayant cause differs from an heir who acquires the right by inheritance. 8 TouUier, n. 245. The term is used in Louisiana.
AYLE. See Am..
AYRE. In old Scotch law. Eyre; a cir­cuit, eyre, or iter.
AYUNTAMIENTO. In Spanish law. A congress of persons; the municipal council of a city or town. 1 White, Coll. 416; Fried­man v. Goodwin, 0 Fed. Cas. 818.
AZURE. A term used in heraldry, sig­nifying blue.

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