A
DICTIONARY OF LAW
B. J. McKINNEY conTAInnNG
DEFINITIONS OF THE TERMS AND PHRASES OF AMER- ICAN AND ENGLISH JORISPRUDENCE, ANCIENT AND MODERN
INCLUDING
THE PRINCIPAL TERMS OF INTERNATIONAL, CONSTITUTIONAL. AND COM MERCIAL LAW; WITH A COLLECTION OF LEGAL MAXIMS AND NUMEROUS SELECT TITLES FROM THE CIVIL LAW AND OTHER FOREIGN SYSTEMS
By Henry CaAmpspetyt Biack, M. A.
Aathor of Treutiazes vu “JUvuMuNts,” * Tax-Tiries,” “CONSTITUTIONAL PROHIBITIONS, ™ etc.
ST. PAUL, MINN. WEST PUBLISHING CO. 189gI
Corrnient, 1891,
BY
WEST PUBLISHING COMPANY.
PREPAG.S
Tue dictionary now offered to the profession is the result of the author’s endeavor to prepare a concise and yet comprehensive book of definitions of the terms, phrases, and maxims used in American and English law and necessary to be understood by the working lawyer and judge, as well as those important to the student of legal history or comparative jurisprudence. It does not purport to be an epitome or com- pilation of the body of the law. It does not invade the province of the text-books, nor attempt to supersede the institutional writings. Nor does it trench upon the field of the English dictionary, although vernacular words and phrases, so far as construed by the courts, are not excluded from its pages. Neither is the book en- eyclopedic in its character. It is chiefly required in a dictionary that it should be comprehensive. Its value is impaired if any single word that may reasonably be sought between its covers is not found there. But this comprehensiveness is possible (within the compass of a single volume) only on condition that whatever is foreign to the true function of a lexicon be rigidly excluded. The work must therefore con- tain nothing but the legitimate matter of a dictionary, or else it cannot include all the necessary terms. This purpose has been kept constantly in view in the prepara- tion of the present work. Of the most esteemed law dictionaries now in use, each will be found to contain a very considerable number of words not defined in any other. None is quite comprehensive in itself. The author has made it his aim to include ail these terms and phrases here, together with some not elsewhere defined.
For the convenience of those who desire to study the law in its historical develop- ment, as well as in its relations to political and social philosophy, place has been found for numerous titles of the old English law, and words used in old European and feudal law, and for the principal terminology of the Roman law. And in view of the modern interest in comparative jurisprudence and similar studies, it has seemed necessary to introduce a considerable vocabulary from the civil, canon, French, Spanish, Scotch, and Mexican law and other foreign systems. In order to further adapt the work to the advantage and convenience of all classes of users, many terms of politica] or public law are here defined, and such as are employed in trade, bank- ing, and commerce, as also the principal phraseology of international and maritime Jaw and forensic medicine. There have also been included numerous words taken from the vernacular, which, in consequence of their interpretation by the courts or in statutes, have acquired a quasi-technical meaning, or which, being Irequently used in laws or private documents, have often been referred to the courts for construction. But the main body of the work is given to the definition of the technical terms and phrases used in modern American and English jurisprudence.
In searching for definitions suitable to be incorporated in the work, the author has carefully examined the codes, and the compiled or revised statutes, of the vari- ous states, and irom these sources much valuable matter has been obtained. The ‘definitions thus enacted by law are for the most part terse, practical, and of course au- thoritative. Most, if not all, of such statutory interpretations of words and phrases will be found under their appropriate titles. Due prominence has also been given to definitions formulated by the appellate courts and embodied in the reports. Many
(iii)
iv PREFACE,
of these judicial definitions have been literally copied and adopted as the author's definition of the particular term, of course with a proper reference. But as the con- stant aim has been to present a definition at once concise, comprehensive, accurate, and lucid, he has not felt bound to copy the language of the courts in any instance where, in his judgment, a better definition could be found in treatises of acknowl- edged authority, or could be tramed by adaptation or re-arrangement. But many judicial interpretations have been added in the way of supplementary matter to the various titles.
The more important of the synonyms occurring in leeal phraseology have been carefully discriminated, In some cases, it has only been necessary to point out the correct and incorrect uses of these pairs and groups of words. In other cases, the. distinctions were found to be delicate or obscure, and a more minute analysis was required.
A complete collection of legal maxims has also been included, comprehending as well those in English and Law Irench as those expressed in the Latin. These have not been grouped in one body, but distributed in their proper alphabetical order through the book. ‘This is believed to be the more convenient arrangement.
It remains to mention the sources from which the definitions herein contained have been principally derived. For the terms appertaining to old and middle En- glish law and the feudal polity, recourse has been had freely to the older English law dictionaries, (such as those of Cowell, Spelman, Blount, Jacob, Cunningham, Whishaw, Skene, Tomlins, and the “Termes de Ja Ley,”) as also to the writings of Bracton, Lit- tleton, Coke, and the other sages of the early law. The authorities principally relied on for the terms of the Roman and modern civil Jaw are the dictionaries of Calvinus, Scheller, and Vicat, (with many valuable suggestions from Brown and Burrill,) and the works of such authors as Mackeldey, Hunter, Browne, Hallifax, Wolff, and Maine, besides constant reference to Gaius and the Corpus Juris Civilis. In preparing: the terms and phrases of French, Spanish, and Scotch law, much assistance has been derived from the treatises of Pothier, Merlin, Toullier, Schmidt, Argles, Hall, White, and others, the commentaries of Erskine and Bell, and the dictionaries of Dalloz, Bell, and Escriche. For the great body of terms used in modern English and Amevican law; the author, besides searching the codes and statutes and the re- ports, as already mentioned, has consuited the institutional writings of Blackstone, Kent, and Bouvier, and a very great number of text-books on special topics of the- law. An examination has also been made of the recent linglish law dictionaries of Wharton, Sweet, Brown, and Mozley & Whitley, and of the American lexicogra- phers, Abbott, Anderson, Bouvier, Burrill, and Rapalje & Lawrence. In each case where aid is directly levied from these sources, a suitable acknowledgment hag been made. This list of authorities is by no means exhaustive, nor does it make mention of the many cases in which the definition had to be written entirely de novo; but it will suffice to show the general direction and scope of the author’s researches..
BG. B
WasHineron, D. ©., August 1, 1891.
_ Riehard I
A TABLE
OF
Peli ls REGNAL
Lengih of reign.
Soveretzn. Accession. WIAD Leo. ecensese< Och 4, 1068 PUTRI EE os sake veces HOD ts Con UST. ca ceiawkt DENN)... due -sevcseor Ape 0; LI... oe MECDHEN) «vss ewien soneies alec, 26, 1185 ,. Penryn. sean weows en. Lec. 19) Llpd... veseeses HOt. 28, 1189...
SIC} y le See ACR RAD RA May 27, 1199......
pases OC, 25, 1216
Pidavartei een istesuva siosise oN OVS 20) 120235, canned Edward IL Whe LM tec = sik e wee Fidiwardililpiecseseases am. 25, 1626... 2.06: Richard DE... saswinacees AUG G4, VERT. 60001 Hebry Dy ac... te rece meeee pie aus, LOOM. cn ceed Henty Vi... we; coasewesenred 28) 141B: <5:
su coccsws MATON4, I401.. 5.5.28 esieenss:s ADMD) IAGO van leale Richard UD. ..ccsscceses JUNG 26, 1403. .0500.
YEARS.
Soverelzn. Accession. Henry VII....... eaee.-- Aug, 22, 1485 Henry VIIL... ov or tepmllee, 1EOR)).. <ajauees Edward VI..............dan. 28, 1547 EES. 2 vos same ale oy OG; LOD Grse:s we sie 6 Elizabeth ...Nov. 17, 1558 BPAOR) Vcc wanlen cae = eves» March 24, 1608... .. WOTIER Tey waen cs « wenn UATCR 0, Loess ne vis The Commonwealth.... Jan. 30, 1649........ CHATIGE rs Ai sleicctvcecc tl By 2a, L000 SAMICK LD. 5 kes cxe as Beloit SHEDS Oy) LOOD ns racdvels William and Mary ......Feb. 18, 1699...,... BUNA ain s saa eecies tei¢-cion eMMATCMG, 1iUAs» vee George I.......
Ravan obawe ox Gb: OOP 2100 ateree Pe EU Gis gl boy 2k eae
WWHAOV INV nieces see aUlilO co, 1500s. cesses t Victoria. . Renee Kee eee UDG 20, TO teaniecwee »
iy"
BePLIOGRAPHICAL LIST
OF THE
PRINCIPAL LAW DICTIONARIES «
IN
ENGLISIY AND FOREIGN LANGUAGES.
ABBOTT, Benj. Vaughan. Dictionary of terms and phrases used in American or English Jurisprudence. 2 vols. 8vo. Boston, 1879.
ADAMS, Henry C. A juridical glossary; being an exhaustive compilation of the most celebrated maxims, aphorisms, doctrines, precepts, technical phrases and terms employed in the Roman, Civil, Feudal, Canon, and Common Law, and quoted in the standard ele- mentary works and reports of the British and American courts. Vol. 1, Atoll. 8vo. Albany, 1886.
ANDERSON, William C. A dictionary of law, consisting of judicial definitions and explanations of words, phrases, and maxims, and an exposition of the principles of law; comprising a dic- tionary and compendium of American and English jurisprudence. 1 vol. 8vo. Chicago, 1889.
BACON, Francis, Lord. The maxims of the law. [Printed in Bacon's Law Tracts, 1 vol. 12mo. London, 1737.]
BADEN, Gustav Ludvig. Forsog til et dansk-norsk juridisk ord- og sag-leksi- kon. lvol. l6mo. Odense, 1814.
BELL, William. A dictionary and digest of the law of Scotland, with short ex- planations of the most ordinary En- glish law terms, 1 vol. 8vo. Hdin- burgh, 1861.
BIRET, Aimé Charles Louis Modeste. Vocabulaire des Cing Codes, ou defini-
tions simplilices des termes de droit et | ——, Same.
(vil)
de jurisprudence exprimés dans ces codes, 1 vol. 8vo. Paris, 1826.
| BLOUNT, Thomas. A law dictionary and
glossary, interpreting such difficult and obscure words and terms as are found either in our common or statute, aucient or modern, laws. 3d Edn. 1 vol folio. London, 1717.
BOUSQUET, J. Nouveau dictionaire de
droit. 2d Edn. 1 vol. 4to. Paris, 1847. BOUVIER, John. A law dictionary adapt-
ed to the constitution and laws of the United States of America and of the several states of the American Union, with references to the civil and other systems of foreign law. Ist Edn. 2 vols. 8vo. Philadelphia, 1839.
—, Same. 14th Edn, 2 vols. Svo. Phila- delphia, 1882.
BRILLON, Pierre Jacques. Nouveau dictionaire civil et canonique de droit et de pratique. 1 vol. 4to. Paris, 1707.
BRISSONIUS, Barnabas. De verborum que ad jus civile pertinent significa- tione. AstEdn,. lvol.folio. Leyden, 1559. [Other editions, 1578, 1683, 1697, 1721.]
. same. 6th Edn. cius. 1 vol. folio. gicae, 1743.
BROOM, Herbert. A selection of legal maxims, classified and illustrated. 2d Edn. I vol. 8vo. London, 1848.
8th Edn.
By J. G. Heinec- Halae Magdebur-
M
Fili
BROWN, Archibald, <A new law diction- ary and institute of the whole law, for the use of students, the legal profes- sion, and the public. 1 yol. Svo. London, 1874.
—, Same. American edition, by A. P. Sprague. 1 vol. 8vo. Albany, 1875.
BURN, Richard and John. <A new law dictionary, intended for general use as well as for gentlemen of the profes- sion, 2Z vols. 8vo. London, 1792.
BURRILL, Alexander M. A new law dictionary and glossury, containing full definitions of the principal terms of the common and civil law, together with translations and explanations of the various technical phrases in differ- ent Janguages occurring in the ancient and modern reports and standard trea- tises; embracing also all the principal | common and civil law maxims. Ist !
Edn. 2 vols.$vo. New York, 1850. | —, Same. 2d Edn,
New York, 1867.
2 vols. Byo.
CALVINUS, (or Kahl,) John. Lexicon juridicum juris Cwsarei, simul et ca- noni¢i, feudalis, item, civilis, erimina- lis, theoretici ac practici, et in schola et in foro usitatarum. 1 vol. folio. ——, 1669.
COWELL, John. Nomothetes: The In- terpreter, containing the genuine sig- nilication of such obseure words and terms used either in the common or statute laws of this realm. 1st Edn. 1 yol, folio. Cambridge, 1607.
21 Edn. London, 1672. London, 1708.
—-—, Same. ad
Edn.
CRAMER, Andreas Wilhelm. Supple menti ad Barnabx Brissonii opus, De verborum que ad jus civile pertinent significatione, specimen. 1 vol. 4to. Kiliae, 1813.
CUNNINGHAM, T. Anewandcomplete law dictionary or general abridgment of the law. Sd Edn. 2 vols. 4to. London, 1783.
DALLOZ, Armand. Dictionnaire general et raisonné de legislation, de doctrine, et de jurisprudence, en maticre civile, commerciale, criminelle, administra- tive, et de droit public. 4 vols. 4to. Paris, 1838.
BIBLIOGRAPHICAL LIST OF PRINCIPAL LAW DICTIONARIES,
ESCRICHE, Joaquin. Diccionario razo- | nado de legislacion y jurisprudencia.
8d Edn. 2 vois, 4to, Madrid, 1847. FERRIERE, Clande Joseph. Diction- naire dedroitet de pratique. Ist Edn.
1754. 2d Edn. i740. d4to. Paris, 1762.
GOIRAND, Leopold. Glossary of French judicial terms. [In his work on the French Code of Commerce. I vol- 8vo. London, 1880.]
HALKERSTON, Peter. <A collection of Latin maxims and roles in law and equity, selected from the most eminent authors on the civil, canon, feudal, English, and Scots law, with an En- glish translation. 1 vol, 8vo. Edin- burgh, 1823.
HOLTHOUSE, Henry James. A new Jaw dictionary, containing expiana- tions of such technical terms and phrases as occur in the works of legal authors, in the practice of the courts, and in the parliamentary proceedings of the houses of Lords and Commons. Ist Edn. London, 1839.
—, Same. American edu. from 2d En- glish edn, 1 vol. 12mo, Philadelphia, 1847,
HOLTZENDORFF, Franz von. Hechts- Lexicon. [Part second of his Eney- clopwdie der Rechts-wissenschaft.] 2 yois. 8vo. Leipsie, 1576.
JACOB, Giles. Anew law dictionary, con- taining the interpretation and defini- tion of words and terms nsed in the law, as also the law and practice under the proper heads and titles; together with such learning as explains the his- tory and antiquity of the law, our manners, customs, and original govern-
8d Edn. 2 vols.
ment. 10th Edn. By J. Morgan, 1 voi. folio. London, 1782. ——-, Same. Ist American edn. from [Tom-
lin’s] 2d English edn. Philadelphia, 1811,
KELHAM, Robert. <A dictionary of the Norinan or old French language. 1 yol. 8yoa, London, 1779.
LAWSON, John D. A concordance of words and phrases construed in the judicial reports, and of legal defin: tions contained therein. 1 vel. vo. St. Louis, 1883.
6 vols. 8vo.
BIBLIOGRAPHICAL LIST OF PRINCIPAL LAW DICTIONARIES.
LEE, Thomas. A dictionary of the prac- tice in civil actions in the courts of King’s Bench and Common Pleas, with practical directions and forms, ar- ranged under each title. 2d Edn. 2 vols. 8vo. London, 1825.
LLOYD, A. Pariett. Glossary of words and terms frequently used by builders, architects, ele, [Printed in his Trea- tise on the Law of Building. 1 vol. S8vo. Boston, 1888. ]
LOFFT, Capel. Maxims and rules of the
law of England and principles of equi- |
ty. [In his reports of cases adjudged |
1 vol. Sume, 1 vol.
in the court of King’s Bench. folio. London, 1776. 8vo. Dublin, 1790.)
MAXWELL, John Irwing. A pocket dictionary of the law of bills of ex- change, prowissury notes, bank notes, checks, ete. 1 vol. 12mo. Philadel- phia, 1808.
MONTEFIORE, Joshua. A commercial
dictionary, containing the present state
_ of mercantile law, practice, and cus-
tom. Ist Amer. Edn. 38 vols. 8vo. Philadelphia, 1804.
MOZLEY (Herbert Newman) and WHITLEY, (George Crispe.) A concise law dictionary. I vol. 8vo. London, 1876.
OSTERSEN, Christian. Glossarinm juri- dico-Danicum., 1 vol. 4to. Wjiben- aavn, 1641. Note. A secon, revised edition was printed in 1652, and this
was reprinted in 1665 and subse- quently. POTTS, Thomas. A compendious law
dictionary, containing beth an expla- nation of the terms and tlie law itself. Intended for the use of the country gentleman, the nierchant, and the pro- fessional man. ivel.16mo. London, 18038.
RAPALJE (Stewart) and LAWRENCE, (Robert L.) <A dictionary of Amer- ican and English law. 2 vols. 8vo. Jersey City, 1883.
RASTELL, John. Terms of the law; cr certain difficult and obscure words and terms of the common and statute laws expounded and explained in Vrench and English. 1 vol. l6mo. Londun,
ix
1721. Note. This work is also known as “Termes de la Ley.”
RAWSON, Henry Gilbert. The pocket law lexicon, explaining technical words, phrases, and maxims of the English, Scotch, and Roman Jaw. 2d Eda. 1 vol. l6mo. London, 1884.
SCHLYTER, Carl Johan. Glossarium ad corpus juris Sueo-Gotorum antiqui. Ordbok till Samlingen of Sweriges Gainla Lagar. 1 vol. 4to. Lund, 1877.
SKENE, John. De verborum significa- tione; the exposition of the termes and difficill wordes contcined in the foure buiks of “Regiam Majestatem” and uthers, in the acts of parliament, ete. Lyol. 4to, London, 1641.
Printed at the end of the col-
Folio,
—, Same. lection of Lhe luws of James I. Edinburgh, 1597.
SPELMAN, Sir Henry. Glossarium ar- chaiologicum; continens Latino-Bar- bara, peregrina, obsoleta, et novati significationis vocabula. Ist Edn. 1 vol. 4to. Londen, 1626,
—,Same. 8d Edn. 1 vol. folio. don, 1687.
STIMSON, F. J. Glossary of technical terms, phrases, and maxims of the common law. 1 vol. 12me. Boston, 1881.
SWEET, Charles. A dictionury of English law, containing detinitions of the tech- nical terms in modern use and a con- cise statement of the rules of law affecting the principal subjects, with historical and etymological notes. 1 vol. 8vo. London, 1882.
TAYLER, Thomas. A law-glossary of the Tain, Greek, Norman, French, and other languages, interspersed in the commentaries by Sir W. Blackstone, Knt., and various law treatises upon each branch of the profession, trans- lated into English and alphabetically arranged. J vol.8vo. London, 1819.
American edition. Albany,
Lon-
——, Same. 18388. THRMES DE LA LEY.
TOLLUIRE (R. 8.) and BOULET (J. B. E.) Nouveau dictionnaire des termes de droit et de pratique: ou Ferriére moderne, lvol.8vo. Paris, 1841.
See RASTELL.
HK
x BIBLIOGRAPHICAL LIST OF PRINCIPAL LAW DICTIONARIES.
TOMLINS, Sir Thomas B. The law dic- tionary, explaining the rise, progress, and present state of the British law, defining and interpreting the terms or words of art. 4th Edn. 2 vois. 4to. London, 1335.
-~—, Same.
Edn. 3 vols. Svo.
TRAYNER, John. Latin phrases and rnuxims, collected from the institn« tional and other writers on Scotch law, with translations and iliustrations. 2d Edn. 1 vol. i2mo. Edinburgh, 1876.
VICAT, Philip. Vocabularium juris utriusque, ex variis ante editis, 2d Edn. 4 vols. 8vo. Naples, 1760.
WHARTON, J. J. S. The law lexicon, forming an epitome of the law of Iing- land, and containing full explanations of the technical terms and purases thereof, both ancientand modern, Ist Edn. lvol.8vo, London, 1848.
ist Ameriean from 4th English Philadelphia, 1836. |
WHARTON, J.¢.5. Same. 7th Edn,™ J.M. Lely. lvol. 8vo. London, 18 . ——,Same. Ist Ainerican from Ist inglish Edn. lvol. 8vo, Philadeiphia, i854. WHISHAW, James. <A new law diction- ary, containing a concise exposition of the mere terms of art and such obso- lete words as occur in old legal, bistor-
ical, and antiquarian writers. 1 vol. 8vo. London, 1829, WILLIAMS, Thomas Walter. A com-
pendious and comprehensive law dic- tionary, elucidating the terms and gen- eral principles of law and equity. 1 vol. 8vo. London, 1816.
WINFIELD, Charles H. Adjudged words and phrases, being a collection of ad- judicated definitions of terms used in the law, with references to authorities. 1 vol. vo. Jersey City, 1382.
WINGATE, Edmond. Maxims of reason, or the reason of the common law of England. 1 vol. fio. London, 1658.
BLACK’S DICTIONARY OF LAW. °
x.
A. The first lefter of the English alpha- bet; used to distinguish the first page of a folic 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, ¢, d, 6, ete.
A, Lat. The letter marked on the bal- lots by which, among the Romans, the people voted against a proposed law. It was the initial Jetter of the word “antiguo,” I am for the old jaw. Tayl. Civil Law, 191.
A. Lat. The letter inseribed on the bal- lots by which, among the Romans, jurors voted to acquit an accused party. It was the initial letter of “aésolvo,” T acquit. Tayl. Civil Law, 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 indi- vidual object. 141 Mass. 266, 4 N. Ti. Rep. 794; 101 N. Y. 458, 5 N. E. Rep. 322; 60 Iowa, 223, 14 N. W. Rep. 247.
A.D. Lat, Contraction for Anne Dom- tié, {in the year of our Lord.)
4. R. Anno regni, the year of the reign; as, A. R. V.R. 22, (Anno Regni Victoria Reyinw vicesime secundo,) in the twenty- second year of the reign of Queen Victoria.
Al. Of the highest qualities. An ex- pression which originated in a practice of underwriters of rating vessels in three clagses, —A, Bb, and ©; and these again in ranks numbered. 4 Ubott.
A AVER ET TENGR. L. Fr. (1. Lat. habendum et tenendum.) To have and to hold. Oo, Litt. $§ 528, 524. A aver et tener a luy ét @ ses heires, a touts jours,—to have and to hold to him and his heirs forever. Id. § 625. See AVER ET TENER.
AM. DIOT.LAW—1
C
A CHILO USQUE AD CENTRUM. JD
From the heavens to the center of the earth.
A communi observantia non est re- ecedendum. From common observance there should be no departure; there must be no de- parture 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. 1862, 3646.
A CONSILIIS. (Lat. constlium, advice.) Of counsel; a counsellor, ‘The term is used in the civil law by some writers instead of a responsis. Spelman, “Apocrisarius.”
A CUBILLETTE. 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. Pr. Mere.
Law, 543. A DATU, L. Lat. From the date. 2 Salk, 413. «A die datiis, from the day of the
date. Id,; 2 Crabb, Real Prop. p. 248, § 1801; 1 Ld. Raym. 84, 480; 2 Ld. Raym. 1242, 4 dato, from the date. Cro, Jac. 135.
A digniori fleri 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 fleri debet denominatio et resolutio. The title and exposition of a thing ought to be derived from, or given, or made with reference to, the mora worthy de- gree, quality, or species of it. Wing. Mux, 265, max. 75.
A FORFAIT ET SANS GARANTIE, Ml
In French law. <A formula used in indors-
A FORTIORI
Ing commercial paper, and equivalent to “without recourse.”
A FORTIORI., By a stronger reason. A term used in logic te denote an argument to the effect thut because one ascertained fact exists, therefore another, which is included in it, or analogous to it, and whieh is less im- probable, unusual, or surprising, must also exist.
A GRATIA. From grace or favor; a3 a matter of indulgence, not of right.
A LATERE. Lat. From the side. In connection with the succession to property, theterni means “collateral.” Braet, fol. 200, Also, sometimes, “without right.” Id, fol. 426, In ecclesiastical law, a legate a latere is one invested with full apestolic powers;
ons authorized to represent the pope as if the |
iatter were present. Du Cange.
A LIBELLIS. L, Lat. An officer who had charge of \..¢ /dbelZi or petitions addressed to the sovereign. Calvin. A name some- times given to a chancellor, (canccliarius,) in the early history of that office. Spelman, “Cancellarius.”
A Vimpossible nul n’est tenu. Noone
is bound to do what is impossible,
A ME. (Lat. ego, I.) A term denoting direct tenure of the superiorlord. 2 Bell, H. L.Se. 133. Unjustlydetaining from me. He is said to withhold @ me (from me) who has obtained possesston of my property unjustly. Calvin.
A MENSA ET THORO. From bed and board. Deseriptive of a limited divorce or separation by judicial sentence.
‘A NATIVITATE. IT'rom birth, or from infancy. Denotes that a disability, status, ete., is congenital,
A Non posse ad non esse sequitur ar- gumentum necessarie negative. From the impossibility of a thing to its non-exist- ence, the inference follows necessarily in the negative, That which cannot be done is not Jone. Hob, 3366. Otherwise, in the aflirm- ative. Id,
A PALATIO. L. Lat. From palatium, (a palace.} Counties palatine are hence so called. 1 Bl. Comm, 117. See PaLatiom.
A piratis aut latronibus capti liberi permanent. Persons taken by pirates or robbers remain free, Dig. 49, 15, 19, 2; Gro. de J. B. lib. 3, ¢. 3, § L
A BESPONSIS
A piratis et latronibus capta domin- jum non mutant. Things taken or capt- ured by pirates and robbers do not change their ownership. Bynk. bk. 1,¢. 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 o. the original owners. 2 Wood. Lect. 428.
A POSTERIORI. A term used in logic to denote an argument founded on experi- ment or observation, or one which, taking ascertained facts as an effect, proceeds by syuthesis and induction to demonstrate their cause,
A PRENDRE. L.Fr. Totake. Bre & 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 @ pren- dre, or a right coupled with a profit. 1 Crabb, Reai Prop. p. 125, § 115. Distin- guished from an easement. 5 Adol. & HE. 7538. Sometimes written as one word, apprendre, apprender.
A PRIORI. A term used in logic to de- note an argument founded on analogy, or ab- stract 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 correla- tive ad quem, (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 quem, the day to which, a peried of time is computed, So, terminus a quo, the point or limit from which, and terminus ad quem, the point or limib to which, a dis- tance 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 bas otherwise been removed, is termed the judge or court @ quo; a qua, Abbott.
A RENDRE, (Ir, to render, to yield.) Tirat which is to be rendered, yielded, or paid.
Profits &@ rendre comprehend rents and sery- ices. Ham. N. P. 192.
A reseriptis valet argumentum, An
argument drawn from original writs in the
Co, Litt, lle.
A RESPONSIS. L. Lat. tieallaw. One whose office it was to give or convey answers; otherwise termed respon- salis, and aporrisiarius. One who, being consulted on ecclesiastical matters, gave an-
register is good.
In ecclesias- k
—_
|
A RETRO
swers, counsel, or atlvice; otherwise termed a@consiliis. Spelman, “A pocrisiarins.”
A RETRO. L. Lat. Behind; in arrear. Ht veditus proveniens inde a vetro fuertt, 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 ordi- nary tlack, Tray. Lat. Max.; Beil, “Ru- brie.”
A summo remedio ad inferiorem ac- tionem non habetur regressus, neque auxilium. From (after using) the highest remedy, there can be no recourse (going buck) te 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 de- scend to an inferior remedy. Bract. 1126; 8 Bl. Comm. 193, 194.
A THEMPORE CUSUS CONTRARII MEMORIA NON EXISTET. From time of which memory to the contrary does not exist.
A verbis legis non est recedandum., From the words of the liw there must be no departure. 5 Coke, 119; Wing. Max. 25. A court is not at liberty to disregard the express letter ofa stalute, in favor of a supposed in- tention. 1 Steph. Comm. 71; Broom, Max, 268. ;
A VINCULO MATRIMONTII. (Lat. from the bond of matrimony.) A term de- seriptive of a kind of divorce, which effects a complete dissolution of the marriage con- tract, See Divogce.
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, jour- nals, or minutes; an officer who entered on record the acta or proceedings of a court; a elerk of court; a notary or actuary. Calvin. Lex. Jurid. See “Acta.” This, and the similarly formed epithets & cancellis, & secre- tis, & dite/lis, were also anciently the titles of a chancellor, (cancellarvius,) in the early
3
AB INTESTATO
history of that office. rius.” AB AGENDO. Disabled from acting;
unable to act; incapacitated for business or transactions of any kind.
AB ANTE. Inadvance. Thus, a legis- lature cannot agree ab ante to any modilica- tion er amendment to a law which a third person may make. 1 Sum. 308.
AB ANTECEDENTE. BSBeforehand; in advanee,
AB ANTIQUO, Of old; of an ancient date.
Spelman, “Cancella-
Ab assuetis non fit injuria, From things to which one is accustomed (or in wiich there has been long acquiescenee}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 hav- ing charge of the correspondence (epistol@) of his superior or sovereign; a secretary.
Caivin.; Spiegelius.
AB EXTRA. (Lat. extra, beyond, with-
| ont.) From without. 14 Mass. 151.
AB INCONVENIENT. From hard- ship, orinconvenience. Anargument found- ed upon the hardship of the cage, and thein- convenience or disastrous consequences to which a different course of reasoning would lead.
AB INITIO. L. Lat. From the begin- ning; from the first act, A party is said to be a trespasser ab initie, an estate to be good ab initio,an agreement or deed to be void ah initio, a marriage to be unlawtul ¢6 initio, and the like. Plow. 6a, I6¢; 1 Bl. Comm. 440.
AB INITIO MUNDI. Lat. From the beginning of the world. Ab initio mundi usgue ad hodiernum diem, from the begin-
| ning of the world to this day. Y. iB. M.1
Edw. ill. 24.
AB INTESTATO, Lat. in the civil law. From an intestate; from the intestate; in case of intestacy. Hereditas ab intestato, an inheritance derived from an intestate. Inst. 2,9, 6. Suecessiv ab tntestato, succes- sion 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 BI, Comm. 490, 516; Story, Confl. Laws, § 450. “Heir ab intestate.”
™
AB INVITO
1 Burr. 420. The phrase “ab intestato” is generally used as the opposite or alternative of ea testamento, (from, by, or under a will.) Vel ex testamento, vel ab intestato [hered- ttales] perltinent,—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 orfrom an un- willing party. A trausfer ab invito is acom- pulsory transfer,
AB IRATO. By one whois 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 trato. A suit to set aside such a will is called an action a6 iraio, Mer). HKepert. “Ab trato.”
ABACTOR. In Roman law. A cattle thief; a driver away of cattle and other ani- mals; one who stole cattle in numbers; one who abstracted cattle from the herd, intend- ing to steal them. Also culled «abigeus. Blount; Cowell,
ABADENGO. In Spanish law. Land owned by an ecclesiastical corporation, and therefore exemyt from taxation. In partic- ular, lands or towns under the dominion and jurisdiction of an abbot.
ABALIENATIC. In Romanlaw. The perfect conveyance or transfer of property from one Roman citizen to another. ‘This ferm gave placo to the simple alienatio, which is used in the Digest and Institutes, as well ag in the feudal law, and from which the English “alienation” has been formed.
- Inst. 2, 3, pr.; Id. 2, 1, 40; Dig. 50, 16, 28.
ABAMITA. Lat. In thecivillaw. A preat-preat-grandfather’s sister, (abavi so- ror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, 10, 10,17. Called, in Bracton, abamita magna. Bract. fol. 68d.
ABANDON. To desert, surrender, re- linquish, give up, or cede. See ABANDON- MENT.
ABANDONEE. A party to whom aright or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Lerd Ellenborough, C. J., 5 Maule & S. 82; Abbott, J., Id. 87; Holroyd, J7, kde So.
ABANDONMENT. The surrender, re- Iinquishment, disclaimer, or cession of prep- erty or of rights.
4
ABANDONMENT FOR TORTS
The giving up a thing absolutely, without reference to any particular person or purpose; as throwing a jewel into the highway; leav- ing athing to itself, as a vessel ab sea; de- sertion, or dereliction. (2 Bl. Comm. 9, 10.) Burrill.
In marine insurance. A relinquish- ment 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 construc- tion only. 2 Steph. Comm. 178. The exer- cise 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 lad actu- ally happened. Park, Ins. 143; 2 Marsh. Ins, 559; 3 Kent, Comm. 318-335, and notes.
Abandoument 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 Cul. § 2716.
The term is used only in reference to risks in navigation; but the principle is applicable in fire insurance, where there are remnanis, 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 toa person having a claim thereon arising out of a contract ade with the master. See Poth. Chart. § 2, art. 3, § 51.
By husband or wife. The act of a hus- band or wife who leaves his oz her consort willfully, and with an intention of causing perpetual separation.
“ Abandonment, in the sense in which it is used in the statute under which this proceed- ing was commenced, may be defined to be the act of willfully leaving the wife, with the intention of causing a palpable separation be- tween the parties, and implies an actual de- sertion of the wife by tue husband.” 60 Ind. 279.
In French law. The act by which a debtor surrenders his property for the benefit of his creditors. Merl. Repert. “Abandon- ment.”
ABANDONMENT FOR TORTS. In the civil law. The act of a person who was sued in a noxal action, i. e., fora tort or tres- pass committed by his slave or his anima}, in relinquishing and abandoning the slave or
ABANDUN
animal to the person injured, whereby he saved himself from any further responsibility. Seo Inst. 4, 8,9; 11 La. Ann. 396,
ABANDUN, or ABANDUM. Anything sequestered, proscribed, or abandoned. Aban- don, i, 2., in bannum res missa, a thing banned or denounced as forfeited or lost, whence to abandon, desert, or forsake, as lostand gone, Cowell.
ABARNARE. Lat. To detect or dis- cover, and disclose toa magistrate, any secret crime. Leges Canuti, cap. 10.
ABATAMENTUM. L.Lat. Inald En- plish law, An abatement of freehold; &n entry Bpon lands by way of interposition be- tween the death of the ancestor and the entry of the heir. Co. Litt. 277a; Yel. 151.
ABATEMENT. In pleading. Theef- feot produced upon an action at law, when the detendant pieads 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 afler the defect is removed, or may recom- mence it in # better way. In England, in equity pleading, declinatory pleas to the ju- Tigiliction and dilatory to the persons were (prier to the judicature acl) sometimes, by analogy to common law, termed “pleas in abatement.” “
In chancory practice. The determina- tion, cessation, or suspension of all proceed- ings in a suit, from the want of proper par- ties capable of proceeding therein, as upon the death of one of the parties pending the suit. See 2 Tidd, Pr, 9382; Story, Eq. Pl. § dod.
In mercantile law. A drawback or re- bate 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 diminn-
tion or deereuse in the amount of tax imposed |
upon any person.
In contracts. A reduction made by the creditor for the prompt payment of adebi due by the payor or debtor. Wesk. Ins. 7.
Of legacies and debts. <A proportional diminution or reduction of the pecuniary leg- ucies, when the tunis or assets out of which sucli legacies are payable are not sufficient to pay theminfall, Ward, Leg. p. 369, c. 6, $7; 1 Story, Eq. Jur. § 555; 2 Bl. Comm. 512, 618. In equity, when equitable assets are insufficient to satisfy fully all the creditors,
ABAVIA
they must be content with a dividend; for eguttas esi quasi equalitas.
ABATEMENT OF A NUISANCE. The removal, prostration, or destruction of that which causes a nuisance, whether by breaking or pulling it down, or otherwise re- moving, disintegrating, or effacing it.
The remedy which the law allows a party injured by a nuisance of destroying or re- moving 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 nec- essarily requires. 3 BI. Comm. 5, 168; 3 Steph. Comm, 361; 2 Salk. 458.
ABATEMENT OF FREEHOLD. This takes place where a person dies seised of an inheritanee, 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 “abate- ment,” and the stranger an “abator.” Itis, in fact, a ligurative expression, denoting that the righLful possession or freehold of the heir or devisce is overthrown by the unlawful in- teryontion of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heiy or immediate devisee, whereas the latter is to the prejudice of the reverstoner or remainder-man; and cisseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehvid out of possession. 1 Co. Inst. 277a,; 3 Bl. Comm. 166. 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 tie actual possessor, before the heir entered. (Howard, Ancienues Lois des Francais, tome 1, p. 539.) Bouvier.
ABATOR. In real property law, a stranger who, having no right of entry, con- trives to get possession of an estate of free- hold, to the prejudice of the heir ur devisee, before the lalter can enter, after the anees- tor’s death. Litt. § 397. In the law of torts, one who abates, prostrates, or destroys a uni- sanee.
ABATUDA. Anything diminished. Moneta abatnda is money clipped or dimin- ished in value. Cowell; Dufresne,
ABAVIA. Lat. In the civil law. A great-great-grandmother.
their debts must abate in proportion, and | 38, 10,1, &: Bract. fol. 688.
Inst, 3,6, 47 Bics)
ABA VITA
ABAVITA, A great-great-grandfather’s sister. Bract. fol. 686. This is a misprint for ebamiia, (q. v-) Burrill.
ABAVUNCULUS. Lat. In the civil law <A great-great-grandmother’s brother, (abavie frater.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called aruneulus maximus. Id. 38, 10, 10,17. Called by Bracton and Fleta ata- cunculus magnus. Bract. fol. 686; Fleta, lib. 6, c. 2, § 19.
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 ofa 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 ab- bot.
ABBEY. A society of religious persons, having an abbot or abbess to preside over them.
ABBOT. The spiritual superior or gov- ernor of an abbey or monastery. Feminine, Abbess,
ABBREVIATE OF ADJUDICATION, 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.
ABBREVIATIO PLACITORUM. An abstract of ancient judicial records, prior to the Year Books. See Steph. Pl. Append. xvi.
ABBREVIATIONS. Shortened conven- tional expressions, employed as substitutes for names, phrases, dates, and the like, for the saving of space, of time in transcribing, ete. Abbott. -
Abbreviationum, ille numerus et sen- sus accipiendus est, ut conccssio non sit inanis. In abbreviations, such number gnc sense is to be taken that the grant ve not made void. 9 Coke, 48,
AEBREVIATORS. Inecclesiastical law. Officers whose duty it is to assist in drawing up the pope's briefs, and reducing petitions into proper form to be converted inte papal bulls. Bouvier.
ABPBROCHMENT, or ABBROACH- MENT. The act of forestalling a market,
ABETTOR
by buying up at wholesale the merchandise intended to be sold there, for the purpose of selling it at retail. See FORESTALLING.
ABDICATION. ‘The act of a sovereign in renouncing and relinquishing his govern- ment or throne, so that either the throne is left entirely vacant, or is filled by a succes- gor appointed or elected beforehand.
Also, wherea 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 oflice from an- other and restores it into his hands, as an in- ferior into the hands of a superior; abdica- tion 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 witha thing, or the doing of such actions as are in- consistent 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 BI. Comm. 139-141.
The unlawful taking or detention of any female for the purpose of marriage, concu- binage, or prostitution.
ABEARANCE. Behavior; as a recog- nizance to be of good abearance signifies to be of good behavior. 4 Bl. Comm. 251, 256
ABEREMURDER.: (From Sax. abere, apparent, notorions; 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, ¢. 93, and of Hen. I. c. 13. Spelman.
ABESSE. Lat. In the civillaw. To be absent; to be away froma place. Said ofa person who was extra continentia urbis, (be- yond the suburbs of the city.)
ABET. In criminallaw. To encourage, incite, or set another on to commit a crime. To abet another to commit a murder is to command, procure, or counsel him to commit it. Old Nat. Brov. 21; Co. Litt. 475.
ABETTATOR. IL. Lat. In old English law. An abettor. Fleta, lib. 2, ¢. 65, § 7. See ABETTOR,
ABETTOR. In criminal law. An in- atigator, or setter on; one who promotes or procures a crime to be committed; one who commands, advises, instigates, or encourages
ABETTOR
another tocommit a crime; a person who, be- ing present or in the neighborhood, incites another to commita crime, and thus beeemes & principal.
The distinetion between abettors and ac- eessaries is the presence or absence at the commission of thecrime, Cowell; Fleta, lib. i,c. 34 Presence and participation are nec- essary to constitute a person an alettor. 4 Shars, B]. Comm. 33; Russ. & R. 99; 9 Bing. N, ©. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick. 477.
ABEYANCE. In the law of estates. Ex- pectation; wailing; suspense; remembrance and contemplation in law. Where there is no person in existence in whom an inherit- ance can vest, if 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. Lilt, §§ 646, 650. The term “abeyance” is also sometimes applied to personal property, ‘Thus, in the case of maritime captures during war, it ia 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. “Whena corporation is to be brought into existence by some future acts of the corporators, the fran- chises remain in abeyance, until such acts are done; and, when the corporation is brought into life, the franchises instantaneously at- tach toit.” Story, J., 4 Wheat. 691.
ABIATICUS, or Aviaticus. L. Lat. In feudal law. <A grandson; the son of a son. Spelman; Lib. Feud., Baraterii, tit. 4, cited Id.
ABIDE. To “abide the order of the court” means to perform, execute, or coniorm to such order. 8 Cush. 297; 7 Tex. App. 38; 108 Mass. 585.
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 revok- ing the submission, and not that they shall
acquiesce in the award when made. 6N.H. 162; 48 N. H. 40. © ABIDING BY. In Scotch law. A ju-
dicial declaration that the party abides by the deed on which he founds, in an action where the deed or writing is attacked as forged,
ABILITY
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, ;
ABIGEATORES. Intheciviliaw, Cat- tle stealers; those who drove away cattle or other animals, with the intention of stealing
them, A rarer form of abiget, (q. vy.) Cal- vin. ABIGHATUS. Lat. (From abiyere, to
drive away.} In the civil law. The offense of stealing or driving away cattle. Dig. 47, 14, 2.
ABIGEI. Lat. Inthecivil law. Cattle stealers. Dig. 47, 14, 1,1. Calvin.; Bris- sonius; 4 Bl. Comm. 239. See AbiGeus.
ABIGERE. Lat. (From ab, from; and agere, to drive.) In the civillaw. To drive away. Appliedto those who drove away sni- nals with the intention of stealing them. Dig. 47, 14, “De abigeis.” Applied, also, to the similar offense of cattle stealing on the borders between England and Scotland. Scott's Minstrelsy of the Scottish Border, In- tred. Append. No. vii.
ABIGERE. To drive out; to expel by force; to produce abortion. Dig. 47, 11, 4.
ABIGHUS. Lat. (From abigere, to drive away.) In the civil law, A stealer of cat- tle; one who drove or drew away (swbtrawit) 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, Dig. 47, 14, 1, 1. The term was applied also to those who dreve away the smaller animals, as swine, sheep, and goats. Id. 47, 14, 1, 2. In the latter ease, it depended on the nezmber taken, whether the offender was fur (a com- mou thief) or abigews. Id. 47, 14,3. But the tuking of a singie horse or ox seems to have constituted the crime of abigeatus. Dig. 47,14,3. And those who frequently did this were clearly abiged, though they took but an animal ortwoatatime. Id.47,14,3,2. See Cod. 9, 37; Nov. 22, c. 15, § 1.
ABILITY. When a statute makes it a ground of divoree that the husband has neg- lected to provide for his wife the common necessaries of life, haying the ability to pro- vide the same, the word “ability” has refer- ence to the possession by the husband of tha means in property to provide such neevssa. ries, not to his capacity of acquiring such means by labor. 9 Cal. 476,
fi
ABISHERING
ABISHERING, or ABISHERSING. Quit of amercements, It originally signified a forfeiture or amercement, and is more prop- erly mishering, mishersing, or miskering, ac- cording toSpelman. It has sinca been termed a liberty of freedom, becanse, wherever this word is used in a prant, the persons te whom the grant is made have the forfeitures and amercements of all others, and are themselves free from the contro] 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 forixjudicatio, forjudgment, forjudger. Co. Litt. 100e, 6; Towush. Pl. 49.
ABJURATION OF ALLEGIANCE. One of the steps in the process of naturaliz- ing analien. Itconsists in a formal declara- tion, made by the party under outh before a competent authority, that he renounces and abjures all the allegiance and fidelity which he owes to the sovereign whose subject he hus theretofore been.
ABJURATION OF THE REALM. In ancient English law. <A renunciation of one’s country, a species of self-imposed ban- ishment, under an oath never toreturn 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 tosanctuary. See 4 Ll. Comm. 882,
ABJURE. To renounce, or abandon, by or upon vath. See ABdIURATION.
“The decision of this court in Arthur v. Broad- nax, 3 Ala. S57, afflrms that if the husband hag «b- jwred the state, and remains abroad, the wife, nieanwhile trading as a feine svie, could recover on a note which was given to her as such. We must consider the term ‘abjure,’ as there used, as implying a total abundonment of the state; a de- parture from the state without the intention of re- turning, and not a renunciation of one’s country, upon an oath of perpetual banishment, as the term originally implied.” 15 Ala. 148.
ABLE-BODIED. As used in a statute relating to service in the militia, this term doves not imply an absolute freedoin from all physieal ailment. It imports an absence of those palpable and visible defects which evi- dently incapacitate the person from perform- ing the ordinary duties of a soldier, 10 Vt, 152.
AULEGATI. Papal ambassadors of the second rank, who are sent toa country where there id not a nuncio, with a less extensive commission than that of a nuncio.
8
ABOUT
ABLOCATIO. 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, (abavie soror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called matertera maxima. Id. 38, 10, 10, 17. Called, by Bracton, abmatertera magna. Bract. fol. 6x.
ABNEPOS. Lat. A great-great-grand- son. The grandson of a grandson or grand- daughter, Calvin.
ABNEPTIS. Lat. A great-great-grand- daughter. The granddaughter of a grand- son or granddaughter. Calvin.
ABODE, The place where a person dweils,
ABOLITION. The destruction, abroga- tion, or extinguishment of anything; also the leave given by the sovereign or judges to a criminal accuser to desist from further pros- ecution. 25 Hen. VIII. c. 21.
ABORDAGE. Fr. In French commer- cial law. Collision of vessels.
ABORTION. In criminallaw. The mis- carriage or premature delivery of a woman who is quick with child. When this is brought abont with a malicious design, or for an unlawful purpose, it is a crime in law.
The act of bringing forth what is yet im- perfect; and particularly the delivery or ex- pulsion of the human fw@fus prematurely, or before it is yet capable of sustaining life, Also the thing prematurely brought forth, or product of an unlimely process, Sometimes loosely used for the offense of procuring a premature delivery; but, strictly, the early delivering is the abortion; causing or procur- ing abortion is the full name of the offense. Abbott.
ABORTIVE TRIAL. A term descrip- tive 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. dl.
ABORTUS. Lat. The fruit of an abor- tion; the child born before its time, incapable of life.
ABOUT. Nearly; approximating to; in the neighborhood of; not much more or less than. An expression constantly used where a time or sum cannot be precisely stated, im- porting the possibility of a small variation from it.
ABOUTISSEMENT
ABOUTISSEMENT. Fr. An abuttal or abutment. See Guyot, Répert. Univ. “Aboutissans.”
ABOVE. (Lat. super, supra.) In prac- tice. Higher; superior. The court to which @ cause is removed by appeal or writ of error is called the court above. Principal; aa dis- tinguished from what is auxiliary or instru- mental. Bail to the action, or special bail, is otherwise termed bail above. 3 61. Comm. 291. See BeLow.
ABOVE CITED or MENTIONED. Quoted before. A figurative expression taken from the ancient manner of writing books on scrolls, where whatever is mentioned or cited liefore in the same roll must be above. Eneye 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. 14.38, 10,10, 17. Called, by Bracton and Fleta, abpatruus magnus. Bract. fol. 686; Fleta, lib. 6, ¢. 2, § 17.
ABRIDGH. To reduce or contract; usn- ally spoken of written language.
la copyrightiaw, ta abridge means to epitomize; to reduce; to contract. Ji implies preserving the substance, the essence, of a work, in language suited to sucha purpose. In making extracts there is no condensation of the author's language, and henee no abridgment. Toabridge requires the ex- ercise of the mind; itis not copying. Between a compilation wand an abridgment there is a clear dis- tinction, A compilation consists of selected ex- tracis from different authors; au abridgment isa condensation of the views of one author. 4 Me- Lean, 805, 310.
In practice. To shorten a declaration or count by taking away or severing some of the substance of it. Brooke, Abr. “ Abridg- ment.”
ABRIDGMENT. An epitome or com- pendium of another and larger work, where- in the principal ideas of the larger work are summarily contained.
Abridgments of the law are brief digests of the law, arranged alphabetically. The old- est are those of Titzherbert, Brooke, and Rollo; the more modern those of Viner, Comyns, and Bacon. (1 Steph. Comm. 51.) The term “digest” has now supplanted that of “abridgment.” Sweet.
ABRIDGMENT OF DAMAGES. The right of the court to reduce the damages in serluin cases. Vide Brooke, tit. “ Abridg- ment.”
9
ABSENCE
ABROGATE. To annul, repeal, or de stroy; fo annul or repeal an order or rule is- stied 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 te vogation; and is distinguished from derogation, which implies the taking
| away only some part of a law; from subro-
gation, which denotes the adding a clause to it; from dispensation, which only sets it aside In a particular instance; and from a@n-
| tiguation, which is the refusing to passa
law. Eneye. Lond.
ABSCOND, Togo inaciandestine man- ner out of the jurisdiction of the courts, or to lie concealed, in order fo avoid their pro- cess.
To hide, conceal, or absent oneself clan- destinely, with the intent to avoid legal pro- cess. 2 Sneed, 153. See, also, 8 Kan. 262; 1 Ala. 200.
ABSCONDING DEBTOR. absconds from his creditors.
An absconding debtor is one who lives without the state, or who has intentionally concealed liimself from his creditors, or with- drawn himself from the reach of their suits, with intent to frustrate their just demands. Thus, if a person departs from his usual resi- dence, or remains absent therefrom, or con- ceals himself in his house, so that he cannot be served with process, with intent unlaw- fully to delay or defraud his creditors, he is an absconding debtor; but if hedeparts from the state or from his usual abode, with the intention of again returning, and without any fraudulent design, he hus not absconded, nor absented himself, within the intendment of the law. 5 Conn. 121.
A party may abscomd, and subject himself to the operation of the attachment law against absconding debtors, without leaving the lim- its of the state, 7 Md. 209,
A debtor who is shut up from his creditors in his own house isan absconding debtor, 2 Root, 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 neressary absence, ag in banished or transported persous; this isentirely necessary, (2) Necessary and vol- untary, a8 upon the account of the commonwealth, or in the service of the church, (8) A probuble absevee, according to the civilians, as that of stu- Gents on the score of study. {4) Entirely volwen- tary, on account of trade, merchandise, and the
One who
Ni
ABSENCE
like. (5) Absence cum dolo et culpa, as not ap- pearing to a writ, swubpeena, citation, etc., or to delay or defeat creditors, or avoiding arrest, either on civil or criminal process. Avyliffe.
Where the statute allows the vacation of a judgment renlered against a defendant “in his absence,” the term “absence” means non- appearance to the action, and not merely that the party was not present in court. 12 Neb. 423, 11 N. W. ep. 867.
ABSENCE. 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 DECREET.
ABSENTE, Lat. (Abi. of absens.) Be- ing absent. A common term in tle old re- porls. “Thethree justices, cbsente North, C. J., were clear of opinion.” 2 Mod. 14.
ABSENTEE. One whodweills 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. Eeon.; 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 hag departed without leaving any one to repre- sent him. Also, a person who never was domiciliated in the state and resides abroad. Civil Code La. art. 3556; 18 La. Ann. 696; 30 La. Ann. 880.
ABSENTEES, or DES ABSENTEES. A parliament so ealled was held at Dublin, 10th May, 8 Tlen. VIII. It is mentioned in letters patent 29 Hen. VIII.
Absentem accipere debemus eum qui non est eo loci in quo petitur. We ought to consider him absent who is not in the place where heisdemanded. Dig. 50, 16, 198.
Absentia ejus qui reipublicse caus& 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; Keiham.
Absoluta seutentia expositore non in- diget. An absolute sentence or proposition
10
we =
ABSOLUTE PROPERTY.
(one that is plain without any scruple, or ab- solute without any saving) needs not an ex- positor. 2 Lust. 533.
ABSOLUTE. Unconditional; complete and perfect in itself, without relation to, or dependence on, other things or persons,—as an absolute right; without condition, exeep- tion, restriction, qualification, or limitation, —as an aisolute conveyance, an absolute es- tate; final, peremptory,—as an absolute rule
ABSOLUTE CONVEYANCE, <A con- veyance by which the right or property in a thing is transferred, free of any condition or qualitication, by which it might be defeated or changed; ag an ordinary deed of Jands, in contradistinetion to a mortgage, which is a conditional conveyance. Burrill.
ABSOLUTE COVENANT, A covenant which is unconditional or unqualified.
ABSOLUTH ESTATE. An estate in lands not subject to be defeated upon any con- dition.
In this phrase the word “absolute” is not used legally to distinguish a fee from a life- estate, but a qualified or conditional fee from afee-simple. 71 Pa, St. 483.
ABSOLUTE INTEREST. That is an absolute interest in property which is so com- pletely vested in the individual that he can by: no contingency be deprived of it without his own consent. So, too, he is the owner of such absolute interest who must necessarily sustain the loss if the property is destroyed. The terms “interest” and “title” are not sy- nonymous. A mortgagor in possession, anda purchaser holding under a deed defectively executed, have, both of them, absolute, as well as insurable, interests in the property, though neither of them has the legal title. “Absolute” is here synonymous with “vest- ed," and is used in contradistinction to con- tingent or conditional. 29 Conn. 20.
ABSOLUTE LAW. Thetrueand proper law of nature, immutable in the abstract or in principle, in theory, but not in application; for yery often the object, the reason, situa- tion, and other circumstances, may vary ita exercise and obligation. 1 Steph. Comm, 21 et seq.
ABSOLUTE PROPERTY. Absolute property is where a man hath solely and ex- clusively the right, and also the occupation, of movable chattels; distinguished from a qualified property, as that of a bailee. 2 Bl. Comm. 388; 2 Kent, Comm. 347.
ABSOLUTE RIGHTS
ABSCLUTE RIGHTS. Absolute rights are such as appertain and belong to particular persons merely as individuals or single per- sons, as distinguished from relative rights, which are incident to them as members of so- ciety. 1 Bl. Comm. 123; 1 Chit. Pl. 364; .1 Chit. Pr. 32.
ABSOLUTE RULE. In practice. A rule of court commanding something to be done asolutely, and at all events, as distin- guished from a rule nisi, wich commands something to be done, wnless cause be shown against it; or, as the latter is more commonly called, arule to show cause why a thing should not bedone. 3 Steph. Comm. 680.
ABSOLUTE WARRANDICE. In Scotch law. A warranting or xssuring of property against all mankind. It is, in ef- fect, w covenant of title.
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 canon 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 ac- cusation, The term “acquitment” is em- ployed when the accused is declared not guilty and “absolution” wlien he is recog- nized as guilty but the act is not punishable by law, or he is exonerated by some defect of in- tention or will. Merl. Repert.; Bouvier.
ABSCLUTISM. Any system of govern- ment, 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 de- rice, or co-ordinate body.
ABSOLVITOR. In Scotch law. <An ac- quittal; a decree in favor of the defender in any action.
ABSQUE. Without. Occurs in phrases taken from the Latin; such as the following:
ABSQUE ALIQUO INDE REDEN- DO. (Without rendering anything there- from.) A grant from the crown reserving no rent, 2 Rolle, Abr. 502.
ABSQUEH CONSIDERATIONE CU- RIA. In old practice. Without the con-
Ji!
a
ABSTRACT OF TITLE
sideration of the court; without judgment. Fleta, lib. 2, ¢. 47, § 18.
ABSQUE HOC. Without this. These are technical words of denial, used in plead- ing at common law by way of special trav- erse, to introduce the negative part of the plea, following the affirmative part or induce- ment.
ABSQUE IMPETITIONE VASTI. Without impeachment of waste; without ac- countability for waste; without liabilily to suit for waste. A elatse anciently often in- serted in leases, (as the equivalent English phrase sometimes is,) signifying that the ten- ant or lessee shall not be liable to suit, (¢mpeti- tio,) 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. with- out such cause.) Formal words in the now obsolete replication de injurta. Steph. Pl. 191.
ABSTENTION. In French law. Keep- ing an heir from possession; also tacit renun- ciation of a succession by an heir. Merl. Repert.
ABSTRACT. An abstract is a less quan- tity containing the virtue and force of a greater quantity. A transcript is generally delined a copy, and is more comprehensive than an abstract. 105. C. 283,
ABSTRACT OF A FINE. In old con- veyancing, 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. 8. More commonly called the “note” of the fine. See FINE; Concorp,
ABSTRACT OF TITLE. A condensed history of the title to land, consisting of a synopsis or summary of the material or op- erative portion of all the conveyances, of whatever kind or nature, which in any man- ner affect said land, or any estate or interest therein, together with a statement of allliens, charges, or liabilities to which the same may be subject, and of which it is in any way material for purchasers to be apprised. Wary, Abst. § 2.
Au abstract of a judgment or title is not the same as a copy of a judgment or title. An “ab stract of a title” is a brief account of all the deeds upon which the title rests; a synopsis of the dis- tinctive portions of the various instruments which constitute the muniments of title. See Prest. Abst.; Whart. Law Dict. (2d Lond. Ed.;) Bouv.
a]
i
ABUNDANS 12
Law Dict. 47. Aa abstract, ordinarily, meaus a. mere brief. and not a copy of that from which it is taken. 7 W. Va. 413,
Abundans cautela non nocet. Ex- treme caution does no harm. 11 Coke, 66. This principle is generally applied to the con- struction of instruments in which superflu- ous words have been inserted mere clearly to express ble intention.
ABUSE, v. To make exeessive or im- proper 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 excess- ive use, as to abuse one’s authority.
In the civil law, the borrower of a chattel which, in ita nature, cannot be used without consuming it, such a8 Wine or grain, is said to abuse the thing borrowed if he uses it.
ABUSE, n. ‘Everything which is con- trary to good order established by usage. Merl. Repert. Departure from use; immod- erate or improper use.
The “abuse or misuse” of its franchises by a corporation signifies any positive act in Viulation of the charter and in derogation of public right, willfully done, or caused to be done, Ly those appointed to manage the ven- eral concerns of the corporation. 3 Pittsb. Ki. 20; 26 Pa. St. 318.
Abuse of judicial discretion, and especially gross and palpable abuse of discretion, which are the terms ordinarily employed to justify an interference with the exercise of discre- tionary power, implies not merely error of judgment, but perversity of will, passion, prejudice, partiality, or moral celingueney, The exercise of an honest judgment, lowever erroneous it may appear to be, is not an abuse of discretion. 29 N. Y. 431.
ABUSE OF A FEMALE CHILD. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration, 58 Ala. 376.
ABUSE OF DISTRESS. The using an animal or chattel distrained, which maies the distrainer liable as for a conversion.
ABUSE 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, obtuins some advantage over his o)ponent. Wharton.
A tnalicious abuse of legal process is where the party amploys it for some uniawful ob- ject, not the purpose which it is intended by the law to effect; in other words, a perver- sion of it. 64 Pa. St. 285.
ACCELERATION
ABUT. To reach, to touch. In old law, the ends were said to abut, the sides to ad- join. Cro. Jae. 184,
ABUTMENTS. The ends of a bridge, or those parts of it which touch the land.
ABUTTALS. (From abut, q. v.) Com- monly defined “the buttings and bonndings of lands, east, west, north, and south, showing on what other lands, highways, or places they abut, or are limited and bounded.” Cowell; Tom).
AC ETIAM. (Lat. Andalso.) Words used to introduce the statement of the real eause of action, in those cases where ib was necessary to allece a fictitious cause of action to give the court jurisdiction, and also the real caus6, in compliance with the statutes.
AC SI. (Lat. Asif.) Townsh, Pl. 23, 27. These words frequently oceurin old En- glish statutes. Lord Bacon expounds their meaning in the statute of uses: “Thestatute gives entry, not simpliciter, but with an ac si.” Bae. Read. Uses, Works, iv. 195.
ACADEMY. In its original meaning, an association formed for mutual improvement, or fur the advancement of science or art; in later use, @ species of educational institution, ofa grade between the common school and the college.
ACAPTE, InFrenchfendallaw. Aspe- cies 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 herita- ble estates which were granted on the con- tract 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; 8 Bi, Comm. 34; 1 Tidd, Pr. 38.
ACCHDAS AD VICH COMITEM. L. Lat. (You go to the sheriff.) A writ for- merly directed to the coroners of a county in Engiand, commanding them to go to the sher- iff, where the latter had suppressed and neg- lected to return a writ of pore, and to deliver a writ te him requiring him to return it. Reg. Orig. 83. See Pong.
ACCHLERATICN. The shortening of the time for the vesting in possession of an
| expectant interest.
a
ACCEPT
ACCEPT, To receive with approval or
18
ACCESS
Conditional, An engagement to pay the
satisfaction; to receive with intent to retain. | bill on the happening of a condition.
Also, in the capacity of drawee of a bill, te recognize the draft, and engage tovpay it when due.
ACCHPTANCE. The taking and receiv- ing 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 of- fered or tendered by another, whereby he re- ceives the thing with the intention of retain- ing it, such intention being evidenced by a sufficient act.
The acceptance of goods sold under a con- tract which would be void by the statute of fruuds without delivery and acceptance in-
volves something more than the act of the |
vendor in the delivery. It requires that the yeniee should also act, and that his act should be of such a nature as to indicate that he receives and accepis the goods deliv- ered us his property. He must receive and retain the articles delivered, intending there- by to assume the title to them, to constitute the acceptance mentioned in thestatute. 40 N.Y. 524. See, also, 10 Mete. 132.
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 sufli- ciency and reguiarity 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 cirguistances have been truly disclosed. Rup. & Law.
Acceptance of a bill of exchange. In mercantile law. The act by which the per- son on whom a bill of exchange is drawn (called the “drawese”) assents to the request of the drawer to pay it, er, in other words, engages, or mikes himself liable, to pay it when due. 4 Mast, 57, 72; 2.61. Comm. 409. It may be by parol or in writing, and eilher
general or special, absolute or conditional; |
and it may be impliedly, as well as expressly, given, 3 Kent, Comm. 83,85; Story, Bills, §§ 288, 251. But the usual and regular mode of acceptance is by the drawee’s writing across the face of the bill the word “accept- ance,” and subscribing his name; after which he is termed the accepior, Id. § 243.
The following are the principal varieties of acceptances:
Absulute, Amn express and positive agree- ment to pay the bill according to its tenor.
apress. 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 biil.
Qualified, One either conditional or par- tial, and which introduces a yariation in the sum, time, mode, or place of payment.
Special, One which specifies a particular place for payment.
Supra protest. An acceptance by a third person, after protest of the bill for non-ac-
_ ceptance by the drawee, to save the honor of
the drawer or some particular indorser,
ACCEPTANCE AU BESOIN. Fr. In French law, Acceptance in case of need; an acceptince by one on whoma bill is drawn aw besoin, that is, in case of refusal or fail- ure of the drawee toaccept, 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, ¢. 11, § 14.
ACCEHPTEHUR PAR INTERVEN-
TION. In French law. Acceptor of a bill for honor. ACCEPTILATION. In the civil and
Seoteh law. A release made by a creditor to his d-btor of his debt, without reeciving 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 verhal extinction of a verbal contract, with a declaration that the debt has been paid when it has not; or the acceptance of some-
| thing merely imaginary in satisfaction of a | verbal contract.
sanders’ 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.
ACCEPTOR SUPRA PROTEST. One 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, pow- er, or opportunity of approacking. Some
ACCESS
times importing the occnrrence of sexual in- tercourse; other wise 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 lis own Jand to the high- way without obstruction.
ACCESSARY. In criminal law. Con- tributing to or aiding in the comission of a crime, One who, without being present at the commission of a felonious offense, be- comes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, insligation, or concealment; either before or after the fact or commission; a particeps eriminis. 4 Bl. Comm. 35: Cowell.
An aceessary is one who is not the chief actor in the offense, nor present at its per- formance, but in some way concerned there- in, either before or after the act committed. Code Ga. 1882, § 4306.
ACCHSSARY AFTER THR FACT. An accessury after the fact ig a person who, having full knowledge that a crime has been sommitted, conceals it from the magistrate, and harbors, assists, or protects the person charged with, or convicted of, the crime. Code Ga. 1882, § 4808.
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 acecssaries, Pen. Code Dak. § 23.
All persons who, after full knowledge that a felony has been committed, eunceal it from the magistrate, or harbor and protect the per- son charged with or convicted thereof, are accessaries. Pen. Code Cal. § 32.
An aceessary after the fact ia a person who, knowlng a felony to have been commit- ted 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; 389 Miss. 702.
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 con- stitute him an accessary, for, if he be present at any time during the transaction, he is guilty of the crime as principal. Piow, 97. 1 Ilale, P. C. 615, 616; 4 Steph. Comm. 90, note 2.
14
ACCESSION, DEED OF
An accessary before the fact is one who. being absent at the time of the crime com- mitted, doth yet procure, counsel, or com-
| mand another to commit acrime. Code Ga. 1882, § 4307. ACCESSARY TO ADULTERY. A
phrise used in the law of divoree, and de- Tived from the criminallaw. Itimplies more than connivance, which is merely knowledge with consent. A conniver abstains from in- terference; an accessary directly commands, advises, or procures the adultery. A husband or wife who has been accesgary to the adul- tery of the other party to the marriage can- not obtain a divorce on the ground of such adultery. 20 & 21 Vict. c. 85, §3 29, 31. See Browne, Div.
ACCESSIO. In Roman law. <An in- crease or addition; that which lies next toa thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the principal thing. Calvin. Lex, Furid.
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.
ACCHSSION. The right to all which one’s own property produces, whether that property be movable or iminovable; and tue right to that which is united to it by acces- sion, either naturally or artificially. 2 Kent, 360; 2 Bl. Comm. 104,
A principle derived from the civil law, by which the owner of property becomes entitled to all which
| it produces, and to all thatis added or united to it,
either naturally or artificially, (that is, by the labor or skill of another,) eyen where such addition ex- tends to a change of form or materials; and by which, on the other hand, the possessor of prop- erty becomes entitled to it, a3 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 tlh change effected in its form is so great as to reniler it impossible to restore it to its original shape. Burrill.
In international law. Tke absolute or conditional acceptance by one or several states of a treaty already concluded between other sovereignties. Merl. Repert. Alsothe commencement or inauguration of a sover- eign’s reign,
ACCESSION, DEED OF. In Scotch law. A deed executed by the creditors of a bank- Tupt or insolvent debtor, by which they ap- prove of a trust given by their debtor for the general behoof, and bind themselves to con- cur in the plans proposed for extricating his affairs. Bell, Dict.
ACCESSORIUM
Accessorium non ducit, sed sequitur suum principale. Co. Litt. 152. That whieh is the accessory or incident does not lead, but follows, its principal.
Accessorius sequitur naturam sui principalis. An accessary follows the nat- ure of his principal. 3 Inst. 1389. One who ig accessary to a crime exnnot be guilty of a
higher <legree of crime than his principal,
ACCESSORY. Anything which is joined tv another thing as an ornament, or to ren- der 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 lat- ter spelling is preferred. See that title.
ACCESSORY ACTION. In Seoteh practice. An action which is subservient or auxiliary to another. Of this kind are ac- tions of “proving the tenor,” by which lost deeds are restored; and actions of “tran- simpts,” by which copies of principal deeds are certified. Bell, Dict,
ACCESSORY CONTRACT. In the civil law. <A contract which is incident or wuxiliary to another or principal contract; such as the engagement of a surety. Poth. Obl. pt. 1, ¢. 1, § 1, art. 2.
A principal contract is one entered into by both partivs 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.
ACCHSSORY OBLIGATION. In the Civil law. An obligation which is incident to another or principal obligation; the vbli- gationof asurety. Poth. Obl. pt.2,¢.1, §6.
In Scotch jaw. Obligations to anteced- ent or primary obligations, such as obliga- tions to pay interest, ete. Ersk. Inst. iib. 3, tit. 3, § 60.
ACCIDENT. An unforeseen event, oc- curring without the will or design of the person whose mere act causes if; an unex- pected, unusval, or undesigned occurrence; the elfect of an unknown cause, or, the cause being Known, an unprecedented consequence of it; a casualty.
There is nothing in the definition of the word “aecident” that excludes the negligence of the injured party as one of the elements con- tributing to produce the result. A very large
15
ACCOMENDA
proportion of those events which are univers- ally called “accidents” happen through some carelessness of the party injured, which eon- tributes to produce them. Thus, men are in- jured by the careless use of fire-urms, of ex- plosive substances, of machinery, the careless management of horses, and in a thousand ways, where if can readily be seen afterwards that a little greater care on their part would have prevented it. Yetsuch injuries, having been unexpected, and not caused intenlionally or by design, are always called “accidents,” and properly so. 24 Wis. 28.
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, pro- ductive of disadvantage. Wharton.
An accident relievable in equity is such an occurrence, not the resnit of negligence or misconduct of the party seeking relief in re. lation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undueadvantage Lo one of them over another in # court of law. Code Ga. 1882, § 3112.
Accipere quid ut justitiam facias, non est tam aecipere quam extorquere. To accept anything as a reward for doing justice is rather extorting than accepting. Lofft, 72.
ACCIPITARE. To pay retief to lords of manors. Capitati domino accipitare, t.e., to pay a relief, homage, vr obedience to the chief lord on becoming his vassal. Fleta, lib. 2; &. 50,
ACCOLA. In the civil law. One wlio inhabits or occupies land near a place, as one who dwells by «a tiver, or on the bank of a river. Dig. 43, 15, 3, 6.
In feudal law. A husbanidman; anagri- cultural tenant; a tenant of a manor. Spel-
man. A name given toa class of villeins in Italy. Barr, St. 602. ACCOMENDA,. In maritimes law. A
eontract between the owner of goods and the master of a ship, by which the former in- trusts the property te 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 own- er of the property gives the master power to dis- pose of it; and the contr.ct of parinersbip, in virtue of which the profits are to be divided be-
ACCOMMODATION
tween them. One party runs the risk of losing his capital; the other, his labor. If the sale pro- duces no more than first cost, the owner takes all vhs proceeds. It is only the profits which are to be divided. Emerig. Mar, Loans, § 5.
ACCOMMODATION. Anarrangement or engagement made as a favor to another, not upon aconsideration received; something done to oblige, usually spoken of a loan of money or commercial paper; also a friendly agreement or composition of differences. Ab- bott.
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. Anac- commodation bill or note is one to which the accommodating party, be he acceptor, drawer, or indorser, has put his name, without con- sideration, 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.
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, ete, 8 Vict. c. 20, § 68.
ACCOMPLICE, (From ad, to, and com- plicare, to fold up, or wrap together.) In criminal law. One who is joined or united with another; one of several concerned in a felony; an associate in a erime; one who co- operates, aids, or assists in committing it. Yomlins; Jacob. ‘This term includes all the participes eriminis, whether considered in strict legal propriety as principals or as ac- cessaries, 1 Russ. Crimes, 26. It is gener- ally applied to those who are admitted to give evidences against their fellow criminals. 4 Bl. Comm. 331; Hawk. P. C. bk. 2, ¢. 37, St
One who is in some way concerned in the commission of a crime, though not as a prin- cipal; and this includes ali persons who have been concerned in ils commission, whether they are considered, in strict legal propriety, as principals in the first or second degree, or merely as accesgaries before or after the fact. 47 Ill. 152; 71 Cal. 20,11 Pae. Rep. 799.
ACCORD, ». In practice. To agree or concur, as one judge,with another. “I ac- eord.” Eyre, C. J.,12 Mod.7. “The rest accorded.” 7 Mod. d6él.
16
eee ne. ee —eeE a a ‘an.[‘SS.essess=s=s SSS ee eS
ACCOUCHEMENT
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. 75 N. Y. 576.
ACCORD AND SATISFACTION, An agreement between two persons, one of whom has a right of action against the other, that the latter showld do or give, and the former accept, something in satisfaction of the right of action different from, and usu- ally less than, what might be legally eniorced. When the agreement is executed, and satis- faction has been made, it is called “accord and satisfaction.”
An accord and satisfaction may be briefly defined as “the settlement of a dispute or the satisfaction of a claim, by an executed agree- ment between the party injuring and the party injured;” or, to give a delinition indi- eating more definitely its peculiar nature, it is “something of legal value to which the creditor before had no right, received in full satisfaction of the debt, without regard to the magnitude of the satisfaction.” 15mith, Lead. Cas. (10th Amor. Ed.,) 558; 43 Conn. 462.
Accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execu- tion of the latter agreement. Such is the definition of this sort of defense, usually given. Buta broader application of the doc- trine lias been made in later times, where one promise or agreement is set up in sat- isfaction 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 lien of a former one, to have the elfect of a satisfaction of the former, it must have been accepted on an express agree- ment to that effect. 50 Miss. 257.
An accord is an agreement to accept, in extinction of an obligation, something dif- ferent from or less than that to which the person agreeing to accept is entitled. Civil Code Cal. § 1521; Civil Code Dak. § 859.
ACCORDANT. Fr. and Eng. Agree- ing; concurring. “Baron Parker, accord- ant,” Hardr. 93; “Holt, C. J., accordant,” 6 Mod. 299; “Powys, J., aecord,” “Powell, J., accord,” Id. 298.
ACCOUCHEMENT. The act of a woman in giving birth toa child. The fact of the accouchement, proved by a person who
ACCOUNT
was present, is olten important evidence in proving the parentage of a person.
ACCOUNT. a uetuled statement of the mutual demands im the nature of debt and credit between parties, arising out of con- tracts or some fiduciary relation. 1 Mete. (Mass.) 216; 1 Hemp. 114; 32 Pa. St. 202.
A statement in writing, of debts and cred- its, or of receipts and payments; a list of items of debts and credits, with their respect- ive dates. 5 Cow. 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 ac- counts; but there is a broad distinction be- tween an account and the mere balance of an account, resembling the distinction in logie between the premises of an argument and the conclusions drawn therefrom. A balanceis but the conclusion or result of the debit and eredit sides of anaccount. It implies mutual dealings, and the existence of debt and credit, without which there could bene balance. 45 Mo. 574,
The word is often used in the sense of “behalf,” or “charge;” as in saying that an agent acts upon account of his principal; that a policy ig issued on account of whom it may concern, Abbott.
ACCOUNT. Inpractice. <A writ orac- tion at common law, (sometimes called “ac- count render,”) which lies against a per- son who, by reason of his office or business as bailiff, receiver, or guardian, ought to render an account to another, but refuses to do so. Fitzh. Nat. Brey. 116; Co. Litt. 172.
Account is a writ or action brought against & person who, by means of his office as a guardian, or for some business he has under- taken as an agent, or some money he has re- ceived for another, ought to renderan account to him, and refuses to do it; and hethat calls him toan account shall recover of him not only what shall be found due, but also damages for the wrong done him. 1 Amer. & Eng. Ene, Law, 128.
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 hooks, when regularly kept, may be admitied in evidence. Greenl. Ev. §§ 115-118.
ACCOUNT CURRENT. An open or running or unsettled account between two parties.
AM.DICT.LAW—2Z
7
| other count for a money demand.
ACCOUNTANT GENERAL
ACCOUNT DUTIES. Duties payable by the English customs and inland revenue act, 1881, (44 Vict. ¢. 12, § 33,) on a donatio mortis causa, or on any gilt, the donor of which dies within three months after making it, or on joint property voluntarily so created, and taken by survivorship, or on property taken undera 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 accept- ance. Whenaccepted, it becomes an account stated.
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 express-
| ly, or by implication of law from the failure
to object.
This wus also a common count in a decla- ration upon a contract under which the plain- tiff 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 The ac- knowledgment or admission must have been made to the plaintiff or his agent. Whar- ton.
ACCOUNTABLE. Subject to pay; re- sponsible; liable. Where one indorsed a note “A. C. accountable,” it was held that, under this form of indorsement, he had waived demand and notice. 42 N. H. 74.
ACCOUNTABLE RECEIPT. An in- struinent acknowledging the receipt of mon- ey or personal property, coupled with an ob- ligation to account for or pay or deliver the whole or some part of it to someperson. 27 Minn. 315, 7 N. W. Rep. 262.
ACCOUNTANT. One who keeps ac- counts; a person skilled in keeping books or accounts; an expert in accounts or book- keeping.
A person who renders an account. When an executor, guardian, etc., renders an ac- count of the property in his hands and his administration of the trust, either to the ben- eficiary or to a court, heis styled, for the pur- pose of that proceeding, the “accountant.”
ACCOUNTANT GHNERAL, or AC- COMPTANT GENERAL. An officer of the court of chancery, appointed by act of parliament to receive all money Icdged in
ACCOUNTING 18
eourt, and to place the same in the Bank of England for security. 12 Geo, I. ec. 32; 1 Geo. IV. c.35; 15 & 16 Vict. c. 87, §§ 18-22, B9. See Daniell, Ch. Pr. (4th Ed.) 1607 et seq. The office, hiowever, has been abolished by 35 & 86 Vict. c. 44, and the duties trans- ferred to her majesty’s paymaster general.
ACCOUNTING. The making up and rendition of an account, either voluntarily or by order of a court.
ACCOUPLE. To unite; to marry. We unques accouple, never married. ACCREDIT. In international law. (1)
T'o receive a3 an envoy in his public charac-
ter, and give him credit and rank according- ly. Burke. (2) To send with credentials as anenvoy. Webst. Dict.
ACCREDULITARE. L. Lat, In oli records, To purge an offense by oath. Blount; Whishaw.
ACCRESCERE. In theciviland old En- glish law. To grow to; to pass to, and be- come united with, as soil to land per ullucvio- nem. Dig. 41, 1, 380, pr.
ACCRETION. The act of growing toa thing; usually applied to the gradual and imperceptible accumulation of land by nat- ural causes, as out of the sea orariver. Ac- eretion of land isoftwokinds: By alluvion, t. e., by the washing up of sand or soil, 80 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.
ACCROACH. To encroach; to exercise power without due authority.
To attempt toexercise royal power. 4 Bl. Comm, 76. A knight who forcibly assaulted nnd 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 aceroach- ment. 1 Hale, P. C. 80.
ACCROCHER. Fr. InFrenchlaw. ‘To delay; retard; put off. Accrocherun proces, to stay the proceedings in a suit.
ACCRUE. To grow to; to be added to; to attach itself to; as a subordinate or acces- sory claim or demand arises out of, and is joined to, its principal; thus, costa accrue to
ACCUSARE
debt.
The term is also used of independent or original demands, and then means to arias, to happen, to come into force or existence; as in the phrase, “The rightof action did not accrue within six years.”
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, Theshare of the decedent is then said to acerue 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. 18 Ohio St. 382.
ACCRUING COSTS. Costs and ex- penses incurred after judgment,
ACCUMULATED SURPLUS. Instat. utes relative to the taxation of corporations, this term refers to the fund which the com- pany has in excess of its capital and liabili- ties. 34N. J. Law, 493; 35 N. J. Law, 577.
a judgment, and interest to the principal
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 eapital of the income derived therefrom, invests that, and so on, née is said to accumulate the fund, and the capital and accrued income thus pro- cured constitute accumulations.
ACCUMULATIVE. mulates, or is heaped up; additional.
That which aceu- Said of several things heaped toyether, or of one
thing added to another. |
ACCUMULATIVE JUDGMENT. Where a person bas already been convicted and sentenced, and a second or additional judgment is passed against him, the execu- tion of which is postponed until the comple- tion of the first sentence, such second judg- ment is said to be accumulative.
ACCUMULATIVE LEGACY. A seo- ond, double, or additional legacy; a legacy given in addition to another given by the same instrument, or by another instrument.
Aeccusare nemo se debet, nisi coram Deo. No one is bound to accuse himself, ex- cept before God. See Ilardres, 139.
ACCUSATION. A formal charge against a person, to the effect that he is guilty ofa punishable offense, laid before a court or
Magistrate having jurisdiction to inquire into the alleged crime.
Accusator post rationabile tempus non 6st audiendus, nisi sae bene de omis- gione excusaverit. Moore, 817. An ac- cuser ought not to be heard after the expira- tion of a reasonable time, unless he can account satisfactorily for the delay.
ACCUSE. To bring a formal charge of crime against a person, before a competent court or officer. 30 Mich. 468. See 5 Rich. 492.
ACCUSED. The person against whom an accusation is made.
“Accused” is the generic name for the de- fendant in a criminal case, and is more ap- propriate than either “prisoner” or “defend- ant.” 1 Car. & K. 181.
ACCUSER. The person by whom an ac- cusation is made.
ACEPHALI. 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 be- ginning of the sixth century, and asserted that there was but one substance in Christ, and one nature. Wharton.
ACEQUIA. In Mexican law. A ditch, channel, or canal, through which water, di- verted from its natural course, is conducted, for use in irrigation or other purposes.
ACHAT. Fr. 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.
A purchase or bargain.
ACKNOWLEDGMENT. In convey- ancing. 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 certiticate of the officer on such instru- ment that it has been so acknowledged.
The term is also used of the act of a person who avows or admits the truth of certain
ACCUSATION 19
ACQUISITION
facts which, if established, will entail a civil liability upon him. Thus, the debtor’s ae- knowledgment of the creditor’s demand or right of action will toll the statute of limita- tions. Admission is also used in this seuse. To denote an avowal of criminal acts, or the concession of (he truth of a criminal charge, the word “confession” seems more appro- priate.
ACKNOWLEDGMENT MONEY. A sum paid in some parts of England by copy- hold tenants on the death of their lords, as a recognition of their new lords, in like man- ner as money is usually paid on the attorn- ment of tenants. Cowell.
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. Inthecivil law. Property which has been acquired by purcliase, 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.
ACQUIESCE. To give an implied con- sent to a transaction, to the accrual ofa right, or to any act, by one’s mere silence, or with- out express assent or acknowledgment.
ACQUIESCENCHE. Acquiescencs 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. Sweet.
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. Writa, 158; Cowell; Blount.
ACQUIRE. In the law of contracts and of descents; to become the owner of property; to make property one’s own.
ACQUIRED. Coming to an intestate in any other way than by gift, devise, or descent from a parent or the ancestor of a purent. 2 Lea, 54.
ACQUISITION. The act of becoming the owner of certain property; the act by
ACQUISITION
which one acquires or procures the property in anything. Used also of the thing ac- quired.
Original acquisition is where the title to the thing accrues through occupancy or ac- cession, (g. v.,) or by the creative labor of the individual, as in the case of patents,and copyrights, i
Derivative acquisition is where property in a thing passes from one person to ancther. It may transpire by the act of the law, as in eases 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 dis- charge one from an obligation or @ liability; or to legally certify the innocence of one charged with crime.
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 or- der to prevent fraud, the administration com- pels the shipper of goods sent from ons 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 ths security is called “acqutt & cau- tion.” Argles, Fr. Mere. Law, 543.
ACQUITTAL. Incoltracts. A release, absolution, or discharge from an obligation, liability, or engagement.
In eriminal practice. The legal and formal certification of the innocence of a per- son who has been charged with crime; a de- liverance or getting free a person from a charge of guilt,
The abselution of a party accused ona trial before atraverse jury. 1 Nott & McC. 36; 3 McCord, 461.
Acguittals in fact are those which take place when the jury, upon trial, finds s verdict of not guilty.
Acquittals tn 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. 100d.
ACQUITTANCE, Ineontracts. A written discharge, whereby one is freed from
20
ACT
an obligation to pay money or perform a duty. lt differs from a release in not requiring to ba under seal,
This word, though perhaps not strictly speaking synonymous with “receipt,” in- eludesit. A receipt is one form vf an acquit- tance; a discharge is another. A receipt in full is an acquittance, anda receipt fora part of a demand or obligation is an acquittance pio tanto. 51 Vt. 104.
ACQUITTED. Released; absolved; purged of an accusation; judicially dis- charged from accusation; released from debt, etc, Includes both civiland criminal prose- cutions. 26 Wend. 383, 399.
ACRE. <A quantity of land containing 160 square rads of land, in whatever shape. Serg. Land Laws Pa. 185; Cro, Bliz. 476, 665; 6 Coke, 67; Poph. 55; Co. Litt. 58.
Originally the word “acre” (acer, aker, or Sax, acer) was not used as 4 measure of land, or tosignify any determinate quantity of land, but to denote any open ground, (l@tum quan- tumvis agrum,) wide champaign, or field; which is still the meaning of the German acker, derived probably from the same source, and is preserved in the names of some places in England, as Castle Acre, South Acre, ete. Burrill.
ACREFIGHT, or ACRE. <A camp or fleld fight; a sort of duel, or judicial combat, anciently fought by single combatants, En- glish and Scotch, between the frontiers of the two kingdoms with swordand lance. Called “campfight,” and the combatants “cham: pions,” from tha open eld that was the stage 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. 5 Pick. 163. See 10 Me. 391.
ACT, 2. In its most general senge, this noun signifies something done voluntarily by a person: the exercise of an individual’s pow- er; an effect produced in the external world by an exercise of the power of a person ob- jectively, prompted by intention, and proxi- mately caused by a motion of the will. Ina more téchnical sensa, if means something dona voluntarily bya person, and of such a nature that certain legal consequences attach to it. ; Thus a grantor acknowledges the conveyance
to be his “act and deed,” the terms being syn- onymeus.
ACT
In the civil law. An act is a writing which slates 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, tule, order, or other judicial proceed- ing. In Scotch law, the orders and decrees of a court, and in Freneh and German law, all the records and documents in an action, ere called “acts.”
In legislation. A written law, formally ordained or passed by the legislative power of a state, called in England an “act of par- liament,” and in the United States an “act of congress,” or of the “legislature;” a stat- ute.
Acts are either public or private. Public acts (also called general acts, or general stat- utes, or statutes at large) are those which re- late tothe community generally, or establish aA wniversal rule for the governance of the whole body politic.
Private acts (formerly called special, Co.
| Litt. 1262) are those which relate either to
particular persons (personal acts) or to par-
ticular places, (local acts,) or which operate
| only upon specified individuals or their pri- vate concerns.
In Seoteh practice. An ebbreviation of
actor, ‘proctor or advocate, especially for a
\ plaintifi or pursuer,) usedin records. “Act.
I A. Alt. B.” an abbreviation of Actor, A.
Alter, B.; that is, for the pursuer or plain-
i tiff, A., for the defender, B. 1 Broun, 386,
note.
ACT, . InScotch practice. Todo or per- form judicially; to enter of record. Surety “acted in the Books of Adjournal.” 1 Broun, 4.
ACT BOOK. minute book of a court.
In Scotch practice. The
1 Swin. 81.
ACT IN PAIS, An act done or per- formed out of court, and not a matter of ree- ord.
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 mat- ter in pais. 2 Bl. Comm. 294.
ACT OF ATTAINDER. A legislative act, attainting a person. See ATTAINDER.
ACT OF BANKRUPTCY. Any act which renders a person liable to be proceeded
against a3 a bankrupt, or for which he may |
be adjudged bankrupt. These acts are usual-
21
| dence could not foresee or prevent.
ACT OF HONOR
ly defined and classified in statutes on the subject.
ACT OF CURATORY. In 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 ex- clusive operation of the forces of nature, un- controlled or uniniiuenced by the power of man and without human intervention, and is of such a character that it could not have been prevented or cscaped from by any amount of foresight or prudenes, 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 accl- dent produced by any physical cause which is irresistible, such as lightning, tempests, per- ils of the seas, an inundation, or earthquake; and also the sudden illness or death of per- sons. Story, Bailm. § 25; 2 BL Comm. 122; Broom, Max. 108.
Under the term “act of God” are compre- hended all misfortunes and accidents arising from inevitable necessity, which human pru- 1 Conn. 491.
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 impris- oned fur a civil debt is so poor that he can- not aliment [maintain] himself, and will make oath to that effect, it shalk be in the
D
E
F
power of the magistrates to cause the creditor J
by whom he is incarcerated to provide an ali- ment 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, Dell.
The term is often used to designate a per» eral act of parliament, originating with the crown, such as has often been passed at the commencement of a new reign, or at tlie close of a period of civil troubles, declaring par- don or amnesty to numerous offenders. Ab- bott.
ACT OF HONOR. Whena bill has been protested, and a third person wishes to take it up, or accept it, for honor of one or mora
Wl
ACT OF INDEMNITY
of the parties, the notary draws up aun instru- ment, 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. 7
ACT OF INSOLVENCY. Within the meaning of the national currency act, an act of inso)vency is an act which shows the bank to be insolvent; such as non-payment of its circulating notes, bills of exchange, or certifi- eates of deposit; failure to make good the im- pairment of capital, or to keep good its sur- plus 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 sus- taining its credit. 5 Biss. 504.
ACT OF LAW. The operation of fixed fegal rules upon given facts or occurrences, producing consequences independent of the design or will of the parties concerned; as distinguished from “act of parties.”
ACT OF PARLIAMENT. A statute, law, or edict, made by the British sovereign, with the advice and consent of the lords spir- itual and temporal, and the commons, in per- liament assembled. Acts of parliament form the leges scripta, t. e., the written laws of the kingdom.
ACT OF SETTLEMENT. The statute {12 & 13 Wm. III. ce. 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 dele- gate, within the limits of the power vested in him. Anact of state cannot be questioned or made the subject of legal proceedings ina court of law.
ACT OF SUPREMACY. The statute (1 Eliz. e. 1) by which the supremacy of the sritish crown in ecclesiastical matters with- {n the realm was declared and established.
ACT OF UNIFORMITY. In English law. The statute of 13 & 14 Car. Llc. 4, enacting that the book of common prayer, as then recently revised, should be used in every parish church and other place of pubiiec wor- ship, and otherwise ordaining a aniformity in religious services, ete. 3 Steph. Comm. 104.
22
ACTE AUTHENTIQUE
ACT OF UNION. In English law. The statute of 5 Anne, c. 8, by which the articles of union befwean the two kingdoms of England and Scotland were ratified and confirmed. 1 Bl. Comm, 97.
ACT OW PETITION. A form of sum- mary proceeding formerly in use in the high court of admiralty, in England, in which the parties stated their respective cuses brietly, and supported their statements by affidavit. 2 Dod. Adm. 174, 184; 1 Hagg. Adm. 1, note.
ACTA DIURNA. Lat. In the Roman law. Daily acts; the public registers or journals of the daily proceedings of the sen- ate, assemblies of the people, courts of jus- tice, etc. Supposed to have resembled 2 modern newspaper. Brande.
Acta exteriora indicant interiora se- crota. 8 Coke, 1468. External acts indicate undisclosed thoughts,
Acta in uno judicio non probant in alio nisi inter easdem personas. Things done in one action cannot be take as evi- dence in another, unless it be between the same parties. Tray. Lal. Max. 11.
ACTA PUBLICA. Lat. Things of gen- eral knowledge and concern; matters trans- acted before certain public officers. Calvin.
ACTE. In French law, denotes a docu- ment, 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 mariage are the marriage certificates, and contain names, pro- fessions, ages, and places of birtn and domi- cile of the two persons marrying, and of their parents; also the consent of these latter, and the mutual agreements of the intended hus- band and wife to take each other for better and wors¢, together with the usual attesta- tions. Actes de décéts are the certificates of death, which are required to be drawn up be- fore any one may be buried. Les artes del - état ctvil are public documents. Brown.
ACTE AUTHENTIQUE. In French law. A deed, executed with certain pre- scribed formalities, in the presence of a no- tary, mayor, greffier, hutssier, or other func tionary qualified to act in the place in which {tisdrawn up. Argles, Fr. Mere. Law, 50.
ACTE DE FRANCISATION
ACTH DE FRANCISATION. In freneh law. The certificate of registration ofa ship, by virtue of which its French na- tionality is established.
ACTE D’ HERITIER. In French law. Act of inheritance, Any action or fact on the part of an heir which manifests his inten- tion to accept the succession; the acceptance may be express or tacit. Duverger.
ACTE EXTRAJUDICIAIRE. In French law. A document served by a huis- ster, ab Lhe demand of one party upon another party, without legal proceedings.
ACTING. A term employed to designate a locum terens who is performing the duties of an office to which he does not himself claim title; e. g., “Acting Supervising Archi- tect.” 16 Ct. of Cl. 514.
ACTIO, Lat, Inthecivillaw. An action or suit; nright or canse of action. Itshould be noted that this term means both the pro- ceeding to enforcea right in a court and the right itself which is sought to be enforced.
ACTIO AD EXHIBENDUM. In the civillaw. Anaction for the purpose of com- pelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real ac- tion in the sense of the Roman law; that is,
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for the recovery of a thing, whether it was |
movable or immovable. i. 84.
ACTIO MmSTIMATORIA. ACTIO QUANTI MINORIS. In the civil law. Two names of an action which lay in behalf of a buyer to reduce the contract price, not to vancel the sale; the judex had power, how- ever, tocancel the sale. Hunter, Rom. Law, aoe.
Merl. Quest, tome
ACTIO ARBITRARIA. In the civil law. Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as die- tuted by the judge in his discretion, he was liable to be condemned. Hunter, Rom. Law, 825.
ACTIO BONA FIDEI. (Lat. An ac- tion of good faith.) Inthecivillaw. A class of actions in which the judge might at the trial, ex officio, take Into account any equi- fable circumstances that were presented to him aifeeting either of the parties to the ac- fion, 1 Spence, Eq. Jur. 218.
| In the civil Jaw. plaintiff recovers the amount of a sum of
| Jender,
ACTIO
ACTIO CALUMNIZ. In the civil law. An action to restrain the defendant from pros- ecufing a groundless proceeding or trumped- up charge against the plaintiff. Tunter, Rom. Law, 859.
ACTIO CIVILIS. In the common law. A civil action, as distinguished from a crimi- nal action. Bracton divides personal actions into eriminalia et civilia, according as they grow out of crimes or contracts, (secundum quod descendunt en mateficiis vel contracti- bus.) Bract. fol. 101d.
ACTIO COMMODATI. In the civil law. Included several actions appropriate to enforces the obligations of a borrower ora Hunter, Rom. Law, 305.
ACTIO COMMODATI CONTRARIA. In the civillaw. An action by the borrower against the lender, to compel the execution of the contract, Poth. Prét ad Usage, n. 75.
ACTIO COMMODATI DIRECTA. In, the civillaw. An action by alender against a borrower, the principal object of which is to obtain a restitution of the thing lent. Poth. Pr2t 4 Usage, on. 65, 68,
ACTIO COMMUNI DIVIDUNDO. In the civil law. An action to procure a judi- cial division of joint property. Hunter, Rom. Law, 194. It was analogous in its ob- ject to proceedings for partition in modern law.
ACTIO CONDICTIO INDEBITATI, An action by which the
money or other thing he paid by mistake. Poth. Promutuum, no. 140; Merl. Repert.
ACTIO CONFESSORIA. In the civil law. An affirmative petitory action for the recognition and enforcement of a servitude, So called because based on tho plaintiff’s af. firmative allegation of a right in defendant's land. Distinguished from an actio nega- torta, which was brought to repel a claim of the defendant toa serviiude in the plaintiff's land. Mackeld. Rom. Juw, § 324.
ACTIO DAMNI INJURIA. In the civillaw. 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 equiva- lent to our “action for damages,”
ACTIO DE DOLO MALO. Inthe civil law. An action of fraud; an action which lay for a defrauded person against the de-
:
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ACTIO
frauder and his heirs, who had been enriched by the fraud, to obtain the restitution of the thing of which he had been fraudulently de- prived, with all its accessions (ewm omit causa ;) or, where this was not practicable, for compensation in damages. Mackeld. Rom. Law, § 227. :
ACTIO DE PECULIO. In the civil law. An action concerning or against the peculium, or separate property of a party.
ACTIO DE PECUNIA CONSTITU- TA. Inthecivillaw. An action for mon- ey engaged to be paid; an action which lay
money for himself, or for another, without any formal stipulation, (nella stipulatione interposita.) Inst. 4, 6, 9; Dig. 13, 5; Cod. 4, 18.
ACTIO DEPOSITI CONTRARIA. In the civil law. An action which the deposi- tary has against the depositor, to compel him to fulfil hisengagement towardshim. Poth. Du Dépit, n. 69.
ACTIO DHEPOSITI DIRECTA. In thecivillaw. An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. Du Dépit, n. 60.
ACTIO DIRECTA. In the civil law. A direct action; an action founded on strict law, and conducted according to fixed forms; an action founded on certain legal obliga- tions which from their origin were accurate- ly detined and recognized as actionable.
ACTIO EMPTI. Inthecivillaw. An action employed in behalf of a buyer to com- pel a seller to perform his obligations or pay compensation; also to enforce any special agreements by him, embodied ina contract of sale. Hunter, Rom. Law, 332.
ACTIO EX CONDUCTO. In thie civil law. Anaction which the bailor of a thing for hire may bring #gainst the builee, in order to compel him to redeliver the thing hired.
ACTIO EX CONTRACTU. In theciyil and common law. <An action of contract; an action arising out of, or founded on, con- tract. Inst. 4, 6, 1; Bract. fol. 102; 3 Bi. Comm. 117.
ACTIO EX DELICTO. In the civil and common law. An action of tort; an ac- tion arising out of fault, misconduct, or mal- feasance. Inst. 4, 6, 15; 3 Bl Comm. 117. Ha mateficio is the more common expression
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law. An action against the exeretior or am- against any person who had engaged to pay |
ACTIO
of thecivillaw; whichis adopted by Bracton. Inst. 4, 6, 1; Bract. fols. 102, 103.
ACTIO EX LOCATO. In thecivillaw. 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. Inthecivil law. An action brought to enforce a stipu- lation. '
ACTIO EXERCITORIA. In the civil
ployer of a vessel.
ACTIO FAMILIA: ERCISCUNDA. In the civil law. 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 ew quast contructu, Bract. fol. 100b; Id. fols. 443), 444; Fleta, lib. 2, c 60, § 1.
ACTIO FURTI. In thecivillaw. An action of theft; an action founded upon theft. Inst. 4, 1, 13-17; Bract. fol. 444. This could only be brought for the penalty altached to the offense, (tantum ad pone persecntionem pertinet,) and not to recover the thing stolen iiself, for which other ac- tions were provided. Inst. 4, 1, 19.
ACTIO HONORARIA. In thecivil law. An honorary, or pretorian action. Dig. 44, 7, 25, 35.
ACTIO IN FACTUM. In the civil law. 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 te that of actions on the case at common law.
ACTIO IN PERSONAM. In the civil
_law. An action against the person, founded
on a personal liability; an action seeking ro- dress for the violation of ajus in personam orright available against a particular individ- ual,
In admiralty law. An action directed against the particular person who is to be charged with the liability. It is distinguished from an aclioin rem, which ia a suit directed against a specific thing (as a vessel) irre- spective 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, satis- faction for an injury alleged by the claimant.
ACTIO: *
CTIO IN REM. In the civil and com- law. An action for a thing; an ac- ion 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 vasion) which was originally available “against all the world, and not in any special
sense against the individual sued, until he yivlated it, See IN Res.
ACTIO JUDICATI. In the civil law. 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 aflerwards; and then the immov- ables, which were delivered in pledge to the creditors, or put under the care of acurator, and if, at the end of two months, the debt
was not paid, the land was sold. Dig. 42, 1; Code, 8, 34. ACTIO LHGIS AQUILIZ. In the
civil law. An action under the Aquilian law; an action to recover datnages for mali- elousiy or injuriously killing or wounding the slave or beast of another, or injuring in any way a thing belonging to another. Oth- erwise called damnit injurie actio.
ACTIO MANDATI. In the civil law. | Included actions to enforce contracts of man- t dute, or obligations arising out of them. } Hunter, Rom. Law, 316.
| ACTIO MIXTA. In the civillaw. A mixed action; an action brought for the re- covery of a thing, or compensation for dam- ages, and also for the payment of a penalty; partaking of the nature beth of an actio tin yem and in personam. Inst. 4, 6, 16, 18, 19, 20; Mackeld. Rom. Law, § 209.
ACTIO NEGATORIA. In the civil law. An action brought to repel a claim of the defendantto a servitude in the plaintiff’s land. Mackeld. Rom. Law, § 824.
ACTIO NEGOTIORUM GESTORUM. In the civil law. Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of business for another.
ACTIO WOW. In pleading. The Latin name of that part of a special plea which fol- lows 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 ANWNOS. The name of the plea of
| pil
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ACTIO
the statute of limitations, when the defend- ant alleges that the plaintiff's action has not acerued within six years.
Actio non datur non damnificato. An action is not given to one who is not injured. Jenk. Cent. 69.
Actio non facit reum, nisi mens sit rea. An action does not make one guilty, unless the intention be bad. Lofft. 37.
ACTIO NON ULTERIUS. In En- glish pleading. A name given to the distinct- ive clause in the plea to the further main- tenance of the action, introduced in place of the plea puis darrein continuance, the aver- ment being that the plaintiff ought not further (wlterius) to have or maintain his action. Steph. Pl. 64, 65, 401.
ACTIO NOXALIS. In the civil law. A noxal action; an action which lay against a master for a crime coiniitted 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.; Heinece. Elem. lib. 4, tit. 8. So called from nowa, the offense or injury committed. Inst. 4, 8, 1.
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 oc- currence. Inst. 4, 6, 8, in tit.; Id. 4, 11, pr. 1. Bracton, however, uses it freely, and hence the personal aciion of the common law. Bract. fols. 1022, 159d. See PexrsonaL ACTION.
Actio personalis moritur cum persona. A personal right of action dies with the per- son. Noy, Max. 14.
ACTIO PIGNORATITIA. In thecivil law. An action of pledge; an action found- ed on the contract of pledge, (pignus.) Dig. 18, 7; Cod. 4, 24.
Actio peenalis in heredem non datur, nisi forte ex damno locupletior heres factus sit. <A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong.
ACTIO PRAJUDICIALIS. In thecivil law. <A preliminary or preparatory action. An action instituted for the determination of some preliminary matter on which other liti- gated matters depend, or for the determina- tion of some point or question arising in an-
ACTIO
other or principal action; and so called from its being determined before, (pris, oF pra ju- dicari.)
ACTIO PR#ESCRIPTIS VERBIS. the civil law. A form of action which de- rived its force from continued usage or the responsa prudentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212.
ACTIO PR&#TORIA. In the civil law. A pretorian action; one introduced by the pretor, as distinguished from the more an- cient actio civilis, (g. v.) Inst, 4, 6, 3; Mackeld. Rom. Law, § 207.
ACTIO PRO SOCIO. In the civil law. Anaction of partnership. An action brought by one partner against bis associates to com- pel them to carry out the terms of the part- nership agreement.
ACTIO PUBLICIANA. In the civil law. An action which lay for one who had lost a thing of which he had bene fide ob- tained possession, befure 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, § 1131; Halifax, Anal. b. 3, ¢c. 1, n.9. It was an honorary action, and derived its name from ihe prictor Publicius, by whose edict it was first given. Inst. 4, 6, 4.
Aetio quelibet it sua via. Every action proceeds in its own way. Jenk. Cent. 77.
ACTIO QUOD JUSSU. In thie civil law. 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. In ‘the civil law. An action granted toone who had been compelled by unlawiul force, or fear (metis causa) that was not groundless, (metus probabilis or justus,) to deliver, sell, or promise a thing to another. SBract. fol. 1030; Mackeld. Rom. Law, § 226,
ACTIO REALIS. A real action. The proper term in the civil law was Ret Vindi- eatio. Inst. 4, 6, 3.
ACTIO REDHIBITORIA. Inthecivil law. Am action to cancel a sale in conse- quence of defects in the thing sold. It was prosecuted to compel complete restitution fo 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
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In|
ACTIO
the restitution of the produce. Hunter, hom. Law, 382.
ACTIO RERUM AMOTARUM. In the civillaw. An action for things removed; an action whieh, in cases of divorce, lay for a husband against a wife, to recover thinga carried away by the latter, in contemplation of such divorce, (divortii consilio.) Dig. 25, 2; Id. 25, 2, 25, 30. It alsolay for the wife against the husband in such eases, Id. 25, 2, 7, 11; Cod. 5, 21.
ACTIO RESCISSORIA. In the civil law. An action for restoring the plaintift to a right or title whieh he has lost by preserip- tion, 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. In the civil law. An action which lay for the lessor of a farm, or rural estate, to recover the goods of the les- see or farmer, which were pledged or bound for the rent. Inst. 4, 6, 7.
ACTIO STRICTI JURIS. In the civil law. Anactionof strict right. The class of civil law personal actions, which were ad- judged 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 bona fides of the trans- action, See Inst. 4, 6, 28; Gaius, iii, 187; Mackeld. Rom. Law, § 210.
ACTIO TUTELA. In the elvil law. Action founded on the duties or obligations arising on the relation analogous to that of guardian and ward.
ACTIO UTILIS. Im the civil law. A beneficial action or equitable action. An ac- tion founded on equity instead of strict law, and available for those who had equitable rights or the beneficial ownership of prop- erty.
Actions are divided into direciw or utiles ac- tions. The former are founded on certain legal ob- ligations which from their origin were accurately defined and recognized as actionable. The latter were formed analogically in imitation of the for- mer. They were permitted in legal obligations for which the actiones dirccte were not original- ly intended, but which resembled the legal obligu tions which formed the basis of the direct action. Mackeld. Rom. Law, § 207.
ACTIO VENDITI. In the civil law. An action employed in behalf of a sellur, to compel a buyer to pay the price, or perform any special obligations embodied in a con- tract of sale. Hunter, Rom. Law, 332.
ACTIO
ACTIO VI BONORUM RAPTORUM. Inthe civillaw. 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 witha penalty of triple the value. Inst. 4, 2; Id. 4, 6,19. Bracton deseribes it as lying de rebus mobilibus vi ablatis sive robbatis, {for movable things taken away by force, or robbed.) Bract. fol. 1030.
ACTIO VULGARIS. In the civil law. A legal action; a common action, Some- times used for actio directa. Mackeld. Rom. Law, § 207.
ACTION. Conduct; behavior; some- thing done; the condition of acting; an act or series of acta.
In practice. The legal and formal de- mand of one’s right from another person or party made and insisted on in a court of jus- tice.
An action is an ordinary proceeding in a court of justica by which one party prose- elutes another for the enforcement or protec- tion of a right, the redress or prevention of # wrong, or the punishment of a public of- fense. Code Civil Proc. Cal. § 22; Code N. Y. § 2; Code N. C. 1883, § 126.
An action is merely the judicial means of enforcing aright. Code Ga, 1882, § 3151.
Action is the form of a suit given by law for the recovery of that whicli is one’s due; the lawful dainand of one’s right. Co. Litt. 2840, 285.
Classification of actions. Cévil actions are guch as lie in behalf of persons to en- force their rights or obtain redress of wrongs iu their relition 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, gilher by the state or by an individual under permission of a statute, to enforce a penalty imposed by law for the commission of a pro- hibited act.
Common law actions are such as will lie, on the particular facts, af common law, with- out 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
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= pe
ACTION
breach of a penal statute, and which any man that will may sus 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, itis called “action popuiar;” and, from the words used in the process, (qui tam pro domino rege sequitur quam pro se ipso, who sues as well for the king as for himself, ) it iscalled a qué tam action. ‘Tomlins.
Real, personal, mixed. Actions are di- vided inte real, personal, and mixed; real actions being those brought for the specific recovery of lands or other realty; personal actions, (hose for the recovery of adebt, per- sonal chattel, or damages; and mixed actions, those for the recovery of real property, to- gether with damages for a wrong connected with it. Litt. § 494; 3 Bl. Comm. 117,
Locai actions are those founded upon a cause of action which necessarily refera to, and could only arise in, some particular place, ¢. g., trespass to land.
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 delieto, when they arise out of a wrong.
“Action” and “Suit.” The terms “ac- tion” and “suit” are now nearly, if not en- tirely synonymous. (3 Bl. Comm. 3, 116, et passim.) Or, if there be a distinction, it is that the term “action” is generally confined to proceedings in a court of law, while “suit” is equally applied to prosecutions at law orin equity. Formerly, however, there was a more substantial distinction between them. An action was considered as termi- nating 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.
In French commercial law. Stock in a company, or shares in a corporation.
ACTION FOR POINDING OF THE GROUND. Aterm of the Scotchlaw. See POINDING.
ACTION OF A WRIT. 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, altheugh it may be that he is entitled to another writ or action for the game matter. Coweil.
ACTION
ACTION OF ABSTRACTED MULT- URES. InScotchlaw. Anaction for mult- ares or tolls against those who are thirled to a mill, #¢., bound to grind their corn at a certain mill, and fail to do so. Hell.
. ACTION OF ADHERENCE. InScofch aw. An action competent to a hushand er wife, to compel either party to adherein case of desertion. It is analogous to the English suit for restitution of conjugal rights. Wharton.
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,
ACTION ON THE CASE. A species of personal action of very extensive applica- tion, otherwise called “trespass on the case,” or simply “case,” from the circumstance of the plaintiffs whole case or cause of com- plaint being set forth at length in the origi- nal writ by which formerly it was always commenced. 3 Bl. Comm. 122.
ACTION REDHIBITORY., In the civil law. An action instituted to avoid a sale on account of some vice or defect in the thing sold, which renders it either absolutely use- less or ifs use so inconvenient and imperfect that it must be supposed the buyer would not have purchased it had he known of the vices. Civil Code La. art. 2496.
ACTIONABLE. That for which an ac- tion will lie; furnishing legal ground for an action; ¢. g., words are aclionable per se, in slander, when an action may be brought up- on them without alleging special damage.
ACTIONARE. L. Lat. (rom actio,an action.) Inold records. To bring an action;
to prosecute, or sue. Thorn’s Chron.; Whishaw. ACTIOWARY. A foreign commercial
term for the proprietor of an action or share of w public company’s stock; a stockholder.
ACTIONES LEGIS. Inthe Romanlaw. Legal or lawful actions; actions of orat law, (legitime actiones.) Dig. 1,2, 2, 6.
ACTIONES NOMINATZ, Inthe En- glish chancery. Writs for which there were precedents. The statuteof Westminster, 2, c. 24, gave chancery authority to form new writs in consimtlt casu; hence the action on the case.
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ACTOR
ACTIONS ORDINARY. 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 uscertained un- der the certification that the writing if not produced shall be declared false or forged: and (3) actions of simple reduction, for de- claring a writing called for null until pro- duced. Evsk. Prin. 4, 1, 5.
ACTIVE. That is in action; that de mands action; actually subsisting; the oppo- site of passive. An active debt is one which draws interest. An active trust is a confi- dence connected with aduty. An active use is a present legal estale.
ACTON BURNEL, Statute of. In English Jaw. <A statute, otherwise called “Sitatutum de Mercatoribus,” made at a par- liament 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,
ACTOR. In Roman law. One whoacted 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. Bur- rill.
A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans “petitor;” ina public action (causa publica) he was called “accusator.” The defendant was called “reus,” both in private and public causes; this term, how- ever, according to Cicero, (Ve Grat. 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 calied 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 Huropean law. A proctor, ad- vocate, or pleader; one who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bail. iff, or steward; one who managed or acted for another. The Scotch “deer” is the literal translation.
ACTOR
qui contra regulam quid ad- it, non est audiendus. A plaintiff is obe heard who has advanced anything sinst authority, (or against the rule.)
or sequitur forum rei. According rei ia intended as the genitive of ves, a os veus, a defendant, this phrase is: The plaintiff follows the forum of ) property in suit, or the forum of the de-
dant’s residence. ranch, Max. 4.
Actore non probante reus absolvitur. the plaintift does not prove his case the dant is acquilted. Hob. 103.
_ Actori ineumbit onus probandi. Thea burden of proof rests on the plaintiff, (or on “the party who advances a proposition afirma- tively.) Hob. 103.
ACTORNAY. atiorney, Skene.
ACTRIX. Lat. A female actor; a fe- male plaintiff. Calvin
Acts indicate the intention. § Co. 1468; Broom, Max. 301
ACTS OF COURT. Legal memoranda mide in the admiralty courts in England, in the nature of pleas.
ACTS OF SEDERUNT. In Scotch law. Ordinances for regulating the forms of pro- ceeding, befcre the court of session, in the administration of justice, made by the judges, who have the power by virtue of a Seotch act of parliament passed in 1540. Ersk. Prin. § 14
ACTUAL. Real; substantial; existing presently in act, having a valid objective ex- istenca, as opposed to that which is merely theoretical or possible.
Something real, in opposition to construct- tyeor speculative; something existing in act. 81 Conn. 213.
ACTUAL CASH VALUE. In insur- ance. The stm of money the insured gouds would have brought for cash, at the market price, at the time when and place where they were destroyed by fre. 4 Fed. Rep. 59.
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. 2 Story, 422, 429; 2 Mas, 48; 9 Gray, 226.
ACTUAL DAMAGES. Real, substan- tial, and just damages. The amouat ad- judged to a complainant in compensation for
In old Seotch law. An
ACTUAL POSSESSION
his actua! and real loss or damage; opposed to “nominal damages,” which is a trifling sum awarded as a matter of course, and nob in compensation, but merely in recognition of the fact that his right has been technically violated; and opposed also to “exemplary” or “punitive” damages, the latter being in excess of the real loss, and intended asa pun- ishment to the wrong-doer, or {from motives of public policy) to discourage a repetition of such acts.
ACTUAL DELIVERY. In the law of sales, actual delivery consists in the giving real possession of the thing sold to the ven- dee or his servants or special agents who are identified with him inlaw and represent him. Constructive delivery is a general term, com- prehending all those acts which, although not truly couferring a real possession of the thing sold on the vendee, have been held, by construction of law, equivalent toacts of real delivery. In this sense constructive delivery includes symbolical delivery and all those traditiones ficte which haye been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of lien and stoppage im trensitu, such as mark- ing and setting apart the goods as belonging to the vendea, charging him with warehouse rent, etc. 1 Rawle, 19.
ACTUAL FRAUD. Actual fraud im- plies deceit, artifice, trick, design, some di- rect and active operation of the mind. Con- structive fraud is indirect, and may be im- plied from some other act or omission to act, which may be, in moral contemplation, en- tirely innocent, *but which, without the ex- planation or actual proof of its innocence, i3 | evidenceof fraud. 35 Barb. 457
A notice expressly
ACTUAL NOTICE. and actually given, and brought home to the party directly, in distinction from one in- J ferred or imputed by the law on account of the existence of means of knowledge.
ACTUAL OCCUPATION. An open, visible occupancy as distinguished from the constructive one which follows the legal title.
ACTUAL OUSTER. By “actual oust- er” is not meant a physical eviction, buta possession attended with such circumstances ag to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits, 45 Towa, 287.
ACTUAL POSSESSION. This term, Ni as used in the provisions of Rey. St. N. Y.
5
¢
E
F
K
L
ACTUAL POSSESSION
p. 312, § 1, authorizing proceedings to com- pel the determination of claims to real prop- erty, means a possession in fact effected by actual entry upon the premises; an actual oc- supation. 59 N. Y. 154,
It means an actual occupation or posses- sion in fact, as contradistinguished from that sonstructive one which the legal title draws after it. The word “actual” is used in the statute in opposition to virtual or construct- ive, and calls for an open, visible occupancy. 7 Hun, 616.
ACTUAL SALE. Lands are “actually sold” xt a tax sale, so as to entitle the treas- urer to the statutory fees, when the sale ig completed; when he has collected from the purchaser the amount of the bid. 5 Neb. 272.
ACTUAL TOTAL LOSS. In marine insurance. The total loss of the vessel cov- ered by a policy of insurance, by its real and substantive destruction, by injuries which leave it no longer existing in specie, by its being reduced to a wreck irretrievably be- yond repair, or by its being placed beyond the control of the insured and beyond his power of recovery, Distinguished from a constructive total loss, which occurs where the vessel, though injured by the perils in- sured against, remains in specie and capable of repair or recovery, but at such an ex- pense, or under such other conditions, that the insured may claim the whole amount of the policy upon abandoning the vessel to the underwriters.
“An actual total loss is where the vessel ceases to exist in specie,—becomes a ‘mere congeries of planks,’ incapable of being repaired; or where, by the peril insured against, it is placed beyond the control of the insured and beyond his power of re- covery. A constructive total loss is where the vessel remains in specie, and is susceptible of re- pairs or recovery, but at an expense, according to the rule of the English common law, exceeding its value when restored, or, according to the terms of this policy, where ‘the injury is equivalent to fifty per cent. of the agreed value in the policy,’ and where the insured abandons the vessel to the un- derwriter. In such cases the insured is entitled to indemnity as fora total loss. An exception to the rule requiring abandonment is found in cases where the loss occurs in foreign ports or seas, where it is impracticable to repair. In such cases the master may sell the vessel for the benefit of all concerned, and the insured may claim as for a total loss by accounting to the insurer for the amount realized on the sale. There are other ex- ceptions to the rule, but it is sufficient now to say that we have found uo case in which the doctrine of constructive total loss without abandonment has been admitted, where the injured vessel re- mained in specie and was brought to its bome port by the insured. A well marked distinction between
80
ACTUS
an actual and a constractive total loss is therefore found in this: that in the former no abandonment is necessary, while in the latter it is essential, unless the case be brought within some exception to the rule requiring it. A partial loss is where an injury results to the vessel from a perilinsured against, but where the loss is neither actually nor constructively totaL” 25 Ohio St. 64, Ses, also, 96 U. 8. 645; 9 Hun, 383.
ACTUARIUS. In Roman law, A no tary 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 convoca- tion; or a registrar in « court christian.
Also an officer appointed to keep savings banks accounts; the computing officer of an insurance company; a person skilled in cal- culating the value of life interests, annui- ties, and insurances.
ACTUM. 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. Ibis sometimes translated a “road,” and included the kind of way termed “tter,” or path. Lord Coke, who adopts the term “actus” from Bracton, defines it a foot and horse way, vul- garly called “pack and prime way;” but dis- tinguishes it from acart-way. Co. Litt. 56a..
In old English law. An act of partia- ment; a statute. A distinction, however, was sometimes made between actus-and sieé- utum. Actus parliamenti was an act made by the lords and commons; and it became statutum, when it received the King’s con- sent. Barring. Obs. St. 46, note 6.
ACTUS. Inthecivillaw. An act or ac- tion. Won tantum verbis, sed etiam actu, not only by words, but also by act. Dig. 46, 8, 5.
Actus curie neminem gravabit. An act of the court shall prejudice no man. Jenk. Cent. 118. Wherea delay in an action is the act of the court, neither party shall suller for it.
Actus Dei nemini est damnosus. act of God is hurtful to no one,
The 2 Inst. 287.
Actus Dei nemini facit injuriam. The act of God does injury to no one.. 2 Bi. Comm. 122. A thing which is inevitable by the act of God, which no industry can avoid, nor policy prevent, will not be construed te the prejudice of any person in whom there was no laches. Broom, Max. 230.
_
y
ACTUB
Actus inceptus, cujus perfectio pen- det ex yoluntate partium, revocarl po- test; si autem pendet ex voluntate ter- tie personz, vel ex contingenti, revo- eari non potest. An act already begun, the completion of which depends on the wil) of the parties, may be revoked; bul if it de- pend on the will of a third person, or on a contingency, it cannot be revoked. Bac. Max. reg. 20.
Actus judiciarius coram non judice irritus habetur, de ministeriali autem a qguocunque provenit ratum esto. A ju- ficial act by a judge without jurisdiction is yoid; but a ministerial act, from whomsoever proceeding, may be ratified. Lofft, 458.
Actus legis nemini est damnosus. The act of the Jaw is hurtful to no one. An act in law shall prejudice no man. % Inst. 287.
Actus legis nemini facit injuriam. The act of the law does injury tono one. 5 Coke, 116.
Actus legitimi non recipiunt modum,
Acts required to be done by law do not ad- |
mit of qualification. Prine.
Hob. 153; Branch,
Actus me invito factus non est meus actus. An act done by me, against my will, ig not my act. Branch, Prine.
Aetus non facit reum, 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 coustitute the crime. Lord Kenyon, C. J., 7 Term 514; Broom, Max. 306.
Actus repugnus non potest in esse produci. A repugnant act cannot be brought into being, 7. ¢e., cannot be made effectual. Plowd. 355.
Actus servi in iis quibus opera ejus communiter adhibita est, actus domini habetur. The uct 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 CAUTE- LAM. L. Lat. For more abundant cau- tion, 2 How.State Tr. 1182. Otherwise ex- pressed, ad eautelam ex superabundantt. Id. 1163.
AD ADMITTENDUM CLERICUM. For the admitting of the clerk. A writ in
81
AD CUSTUM
the nature of an execution, commanding the bishop to admit his clerk, upon the success of the latter in a guare impedit.
AD ALIUD EXAMEN. To another tribunal; belonging to another court, cogni- zaice, Or jurisdiction.
AD ALIUM DIEM. At another day. A common phrase in the old reports, Yearb. P. 7 Hen. VI. 13.
AD ASSISAS CAPIENDAS., assises; to take or hold the assises. fol. 110@; 3 Bl. Comm. 185. capiendam; to take an assise. 1100.
AD AUDIENDUM ET TERMINAN- DUM. Tohearand determine, St. Westm. 2, cc. 29, 30.
AD BARRAM. To the bar; at the bar. 3 How. State Tr. 112.
AD CAMPI PARTEM. Fora share of the field or land, for champert. Fleta, lib. 2, c. 36, § 4.
AD CAPTUM VULGI. common understanding.
To take Bract. Ad assisam Bract. fol.
Adapted to the
AD COLLIGENDUM BONA DE- FUNCTI. To collect the goods of the de- ceased. 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 ed colligendum,” and the par- ty to whom they are granted, a “collector.”
AD COMMUNEM LEGEM. At com- mon 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. Toappear. Ad comparendum, et ad standum jurt, to appear and to stand to the law, or abide the judg- ment of the court. Cro. Jac, 67.
AD COMPOTUM REDDENDUM. To render an account. St. Westm. 2, ec. 11.
AD CURIAM. Atacourt. To court. court.
AD CUSTAGIA. At the costs. lier; Cowell; Whishaw.
I Salk. 195. Ad curiam vecere, to summon ta
Toul-
AD CUSTUM. Atthecost. 1B). Comm. Mv
314,
AUD DAMNUM
AD DAMNUM. Inpleading. “To the dainage.” 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.
AD DEFENDENDUM. Todefend. 1 Bl. Comm, 227.
AD DIEM. At a day; at the day. Townsh. P), 23. Ad certum diem, at a cer- tain day. 2 Strange, 747. Solvit ad diem; he paid at or on the day. 1 Chit. Pl. 485.
Ad ea que frequentius accidunt jura adaptantur. Laws are adapted to those eases which most frequently occur. 2 Inst. 137; Broom, Max. 43.
Laws are adapted to cases which frequently occur. A statute, which, construed accord- ing to its plain words, is, in all cases of or- dinary 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 zase in which the law would operate with great severity and against our notions of jus- tice. 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, Tothe effect, or end, Co. Litt. 204@; 2 Crabb, Real Prop. p. 802, § 2143. Ad effeetum sequentem, to the effect following. 2Salk. 417.
AD EXCAMBIUM, For exchange; for compensation. Bract. fol. 126, 378.
AD EXHAREDATIONEM. To the disherison, or disinheriting; to the injury of the inheritance. lract. fol. lia; $8 Bi. Comm. 288 Formal words in the old writs of waste.
AD EXITUM. At issue; at the end (of the pleadings.) Steph. Pl. 24.
AD FACIENDUM. To do. Co. Litt. 204a. Ad faciendum, subjiciendum et re- cipiendum, to do, submit to, and receive, Ad fauciendam juratam iliam,; to make up that jury. Fleta, lib, 2, c. 65, § 12.
AD FACTUM PRASTANDUM. In Scotch law. A name descriptive of a class of obligations marked by unusual severity. A debtor who is under an obligation of this sind 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.
32 AD INSTANTIAM
AD FEODI FIRMAM. Fleta, lib. 2, ¢. 50, § 80.
AD FIDEM. In allegiance. 2 Kent, Comm. 56. Subjects born ad jidem are those born in allegiance.
AD FILUM AQUA. To the thread of the water; to the central line, or middle of the stream. Usgque ad filum aque, 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 ague (gq. v.) is another form.
AD FILUM VIZ. Tothe middle of the way; tothe central lineof the road. 8 Mete. (Mass.) 260.
AD FINEM. Abbreviated ad jin. To the end. It is used in citations to books, as a direction to read from the place des- ignated to the end of the chapter, section, etc. Ad finem litis, atthe end of the suit.
AD FIRMAM. Tofarm. Derived from an old Saxon word denoting rent. Ad Jir- mam noctis was a fine or penalty equal in amount to the estimated cost of entertaining the king for one night. Cowell. Ad feodt jizmam, to fee farm. Spelman.
To fee farm.
AD GAOLAS DELIBERANDAS. To deliver the gaols; toempty the gaols. Dract. fol. 1096. Ad gaolam deliberandam, to de- liver fhe gaol; to make gaol delivery. Bract. fol. 1108.
AD GRAVAMEN. Tothe grievance, in- jury, or oppression. Feta, lib, 2, c. 47, § 10.
AD HOMINEM. To the person. A term used in logic with reference to a per- sonal argument.
AD HUNC DIEM. Leon. 90,
AD IDEM. To the same point, or effect. Ad idem facit, it makes to or goes to estab- lish the same point. Bract. fol. 278.
AD INDE. Thereunto. Ad inde requi- situs, thereunto required. Townsh. Vl. 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.
At this day. 1
) INTERIM
Inthe meantime. An im. ip one appointed to fill a ey, or to discharge the du- during the absence or tem- y of its regular incumbent.
Ti.
JDICIUM. To judgment; to court. um provecare,; to summon to court; ence an action; a term of the Roman Dig. 5, 1, 18, 14.
JUNGENDUM AUXILIUM. To in aid; to join in aid. See Arp
URA REGIS. To the rights of ; a writ which was brought by the jerk, presented to a living, against who endeavored to eject him, to the udice of the king’s title. Reg. Writs, 61.
free, or unconfined. large. Plowd. 37. t large; giving details, or particulars; in A special verdict was formerly da verdict at large. Plowd. 92. —
AD LITEM. For the suit; for the pur- poses of the suit; pending thesuit, A guard- fan ad détem is a guardian appointed to pros- -ecuie or defend a suit on bebalf of a party in- eapacitated by infaney or other wise.
AD LUCRANDUM VEL PERDEN- DUM. For gain or loss. Emphatic words in the old warrants of attorney, Reg. Orig. 21, et seq. Sometimes expressed in English,
“to lose and gain.” Plowd. 201.
Ire ad larguim, to go at
’ AD MAJOREM CAUTELAM, For greater security. 2 How. State Tr. 1182.
AD MANUM,. At hand; ready for use. Et querens sectam habeat ad manwum,; and the plaintiff immediately have his suit ready. Fleta, lib. 2, ¢. 44, § 2.
AD MEDIUM FILUM aQUZ. To the middle thread of the stream. AD MEDIUM FILUM VIM. Te the
middle thread of the way.
| AD MELIUS INQUIRENDUM, A writ directed to a coroner commanding him to hoid a second inguest. See 45 Law J. Q.
B, 711.
AD MORDENDUM ASSUETUS. Ac- customed to bite. Cro. Car. 254. A material averment in declarations for damage done by Adog to persons or animals. 1 Chit. Pl. 388; 2 Chit. Pl. 597. AM, DIOT.LAW—S
83 AND QUOD
AD NOCUMENTUM. Tothe nuisance, or annoyance. Fleta, lib. 2,c.52,§19. Ad nocumentum liberi tenementi sui, te the nuisance of his freehold. Formal words in the old assise of nuisance. 8 Bi Comm. 221, B
Ad officium justiciariorum spectat, unicuique coram eis placitanti justitiam exhibere. It is the duty of justices to ad- minister justice to every one pleading before them. 2 Inst. 461.
AD OSTENDENDUM. To show. Formal words in old writs. Fleta, lib. 4, c. 65, § 12.
AD OSTIUM ECCLESIA. At the D door of the church, Qne of the five species of dower formerly recognized by the English law. 1 Washb. Real Prop. 149; 2 Bl. Comm. 182. E
Ad proximum antecedons fiat rolatio nisi impediatur sententi@. 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. Towhich. A term used in the computation of time or distance, as cor- G relative to a guo; denotes the end or termi- nal point. See A Quo.
Ad questiones facti non respondent judices; ad questiones legis non re- spondent juratores. Judges do not an- H swer questions of fact; juries do not answer questions of law. 8 Coke, 308; Co. Litt. 295.
AD QUOD CURIA CONCORDAVIT. | To which the court agreed. Yearb. P. 20 Hen, VI, 27.
AD QUOD DAMNUM, The name ofa writ formerly issuing from the English chan- j cery, commanding the sheriff to make in- quiry “to what damage” a specified act, if done, willtend. Ad gued 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 wiil be prejudicial, and what prejudice will I come thereby. ‘There is also another writ of ad quod damium, if any one will turn a common highway and lay out another way as beneficial. Termes de la Ley.
AD QUOD NOW FUIT RESPONSUM. M To which there was no answer. A phrase
oy
AD RATIONEM PONERE
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 tech- nical expression in the old records of the Ex- chequer, signifying, to put to the bar and in- terrogate as toa charge made; to arraign on a trial.
AD RECOGNOSCENDUM. To recog- nize. Fleta, lib. 2, c. 65, § 12. Formal words in old writs.
Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio & nominibus rerum dependet. In order rightly to comprehend a thing, inquire first into the names, for a right knowledge of things depends upon their names. Co. Litt. 68.
AD REPARATIONEM ET SUSTEN- VATIONEM. For repairing and keeping in suitable condition.
AD RESPONDENDUM. For answer- ing; to mmake answer; words used in certain writs employed for bringing a person before the court to make answer in defense in a pro- ceeding. Thus there is a capias ad respon- dendum, q.%.; alsoa habeas corpus ad re- spondendum.
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 satis/y the plaintiff’s claim.
AD SECTAM. At the suit of. Com- monly abbreviated to ads. Used in entering and indexing the names of eases, where it is desired that the name of the defendant should come first. Thus, “B. ads. A.” indicates
that 1. is defendant in an action brought by |
A., and the title so written would be an in- version of the more usual form “A. o B.”
Au affidavit of merits, on the same paper with the pleas, by a defendant, entitled “C. D. ads. A. B.,” is the same in law as if en- titled “A. B. ©. C. D.,” and is properly en- titled, and it is error to strike the pleas from the files as for want of a sufficient affidavit. uO ILL. 11,
AD STUDENDUM ET ORANDUM. for studying and praying; for the promotion vt learning and religion. A phrase applied
84 AD VITAM
to colleges and universities. 1 Bl Comm.
467; T. Raym. 101.
AD TERMINUM ANNORUM. Fora term of years.
AD TERMINUM QUI PRETERIT. For aterm which has passed. Words in the. Latin form of the writ of entry employed a- commen law to recover, on behalf of a land. lord, possession of premises, from a tenant holding over after the expiration of the term for which they were demised. Sea Fitzh. Nat. Brev. 201.
Ad tristem partem strenua est sus- picio. Suspicion lies heavy on the unfortu- nate side.
AD TUNC ET IBIDEM. In pleading. - The Latin name of that clause of an indict- ment containing the statement of the subject- matter “then and there being found.”
AD ULTIMAM VIM TERMINO- RUM. To the most extended import of the terms; In a sense as universal as the terms will reach. 2 Eden, 54,
AD USUM ET COMMODUM. use and benefit,
AD VALENTIAM. AbD VALOREM.
AD VALOREM. 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 econ- omy or legislation, and simply means a tax or duty upon the value of the article or thing subject to taxation, 24 Miss, 501.
To the
To the value. See
AD VENTREM INSPICIENDUM. To inspect the womb. <A writ for the summon- ing of a jury of matrons to determine the question of pregnancy.
Ad vim magorem vel ad casus fortui- tus non tenetur quis, nisi sua culpa im- tervenerit. No cone is held to answer for the effects of a superior force, or of accidents, unless his own fault has contributed. Fleta, lib. 2, ¢. 72, § 16.
AD VITAM. For life. Bract. fol. 186. in feodo, vel ad vitam, in fee, or for life. Id.
AD VITAM AUT CULPAM
VITAM AUT CULPAM. For life fanlt. This phrase describes the an office which is otherwise said to Id “for life or during good behavior.” It alent to gquamdiu bene se gesserit.
VOLUNTATEM. At will. Bract. 7a. Ad voluntatem domini, at the will the lord,
AD WARACTUM. To fallow. Bract. fol. 228. See WaARAcTUM.
ADAWLUT. Corrupted from Adalat, justice, equity; acourtof justice. Theterms “Dewanny Adawlut” and “Foujdarry Adaw- lut” denote the civil and criminal courts of justice in India. Wharton.
ADCORDABILIS DENARITI. Money paid by a vassal to his lord upon the selling or exchanging of a feud. Ene. 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 preetors.
ADDICTIO. In the Roman law. The \ giving up to a creditor of his debtor’s persun by a magistrate; also the transfer of the debtor's goods to one who assimes his liabil- ities.
Additio probat minoritatem. An ad-
dition [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; minoritas
being understood in the sense of difference,
inferiority, or qualification. Thus, the style
of the king’s bench is coram rege, and the
Btyleof thecourt of chancery is coram dom-
i ino vege in eancellaria; the addition show-
ing the difference. 4Inst. 80. By the word
| “fee” is intended fee-simpie, 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 kindsof ad- ditions,—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 occupa- tion, a8 Scrivener, painter, mason, carpenter;
As ii
35
ADEEM
and additions of plece of residence, as Lon- don, Chester, ete. The only additions reeog- nized in American law are those of mystery and residence,
In the law of liens, Within the mean- ing of the mechanie’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 accom- modations, is merely an “alteration,” and nut an “addition.” Putting a new story on an old building is not an addition. 27 N. J. Law, 182.
In French law. <A supplementary pro- cess to obtain additional information. Guyot, Repert.
ADDITIONAL. This term embraces the idea of joining or uniting one thing to an- other, so as thereby to form one aggregate. Thus, “additional security” imports a secu- rity, which, united with or joined to the former one, is deemed to make it, as an ag- gregate, suilicient asa security from the be- ginuing. $3 Miss. 626.
ADDITIONALES. In the law of con- tracts. Additional terms or propositions to be added to a former agreement.
ADDONE, Addonne. L. Fr. Givento. Kelham. ADDRESS. That part of a bill in equity
wherein is given the appropriate and technie- al 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, desir- ing him to perform some executive act.
A place of business or residence.
ADDUCED. “The word ‘adduced’ is broader in its signification than the word ‘offered,’ and, looking to the whole state ment in relation to the evidence below, we think if sufficiently appears that all of the evidence isin the record.” 106 Ind. 84,5 N. E. Rep. 882.
ADEEM. To take away, recall, or re voke. To satisfy a legacy by some gift or substituted disposition, made by the testator, in advance. See ADEMPTION.
ADELANTADO 3
ADELANTADO. In Spanish law. A wovernor of 4 province; a president or presi- dent 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 An- glo-Saxons, properly belonging to the king’s children. Spelman.
ADEMPTIO, Lat. In the civil law. A revocation of alegacy; anademption. Inst. 2, 21, pr. Where it was expressly trans- ferred 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 ex- press revocation of it. ;
“The word ‘aderaption’ is the most significan because, being a term of art, and never used for any other purpose, itdoes not suggest any idea for- eign to that intended to beconveyed. Itis used to describe the act by which the testator pays to his legatee, in his life-time, a general legacy which by his will ke had proposed to give him at his death. (1 Rop. Leg. p, 305.) It is also used to dénote the act by which 4 specific legacy has be- come inoperative on account of the testator hay- ing parted with the subject.” 16 N. Y. 40,
Ademption, in strictness, is predicable only of specific, and satisiaction of general legacies. 9 Barb. 35, 56; @ Duer, 477, 541.
ADEO. Lat. So, as. tegre, as fully and entirely.
Adeo plene et in- 10 Coke, 65.
“ADEQUATE CAUSE.” In eriminal law. Adequate cause for the passion which reduces a homicide committed under its in- fluence from the grade of murder to man- slanghter, means such cause as would com- monly produce a degree of anger, rage, re sentment, or terror, in a person of ordinary temper, sufficient to render the mind inea- pable of cool reflection. Insulting words or gestures, or an assault and battery so slight as to show no intention to inflict pain or ine jury, or an injury to property unaccompanied by violence are not adequate causes. 2 Tex. App. 100; 7 Tex. App. 396; 10 Tex. App. 421.
ADEQUATE CONSIDERATION, One which is equal, or reasonably proportioned, to the value of that for which itis given, 1 Story, Eg. Jur. §§ 244-247.
ADJACENT
ADHQUATE 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. 54 Conn. 249.
ADESSE. In thecivillaw. Tobe pres. ent; the opposite of abesse. Calvin.
ADFERRUMINATIO. Inthe civil law The welding together of iron; a species of adjunctio, {q.¥.) Called also ferruminatio, Mackelid. Rom. Law, § 276; Dig. 6, 1, 23, 5.
ADHERENCE. In Scotch law. The name of a form of action by which the mut- ual obligation of marriage may be enforced by either party. Bell, It corresponds tothe English action for the restitution of conjugal rights,
ADHERING. Joining, leagued with, cleaving to; as, “adhering to the enemies of the Uniled 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 tbe constitutional definition which speaks of “adhering to their enemies, giving them aid and comfort,” 2 Abb, (0, 8.) 364.
ADHIBERE. In the civillaw. To ap. ply; to employ; to exercise; to use. <Ad/i- bere diligentiam, to use care. Adhibtere vim, to employ foree.
ADIATION. A term usedint’. ‘aws of Holland for the application of property by an executor. Wharton.
ADIEV. L. Fr. Without day. A com. mon term in the Year Books, implying final dismissal from court,
ADIRATUS. Lost; strayed; a prica or value set upon things stolen or lost, as a ree- ompense to the owner. Cowell.
ADIT. In mining law. A lateral en- trance or passage into a mine; the opening by which a mine is entered, or by which water and ores are carried away; a horizontal exca- vation in and along a lode. 9 Colo. 207, 11 Pac. Rep. 80; 6 Colo. 278.
ADITUS. An approach; a way; a pol licway. Co. Litt. 56a.
ADJACENT. Lying near or close to; contiguous, The difference between adja- cent and adjoining seems to be that the for- mer implies that the two objects are not widely separated, though they may not actual-
ADJECTIVE LAW
while adjoining imports that they so joined or united to each other that no jird object intervenes.
JECTIVE LAW. The aggregate of of procedure or practice. As opposed £ body of law which the courts are es- tablished to administer, (called “substantive law,”) it means the rules according te which the substantive law is administered. That part of the law which provides a method for
_ enforeing 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. 52 N.Y. 397, See ADJACENT.
ADJOURN. To put off; defer; postpone. To postpone action of a convened court or body until anotler time specified, or indefi- nitely, the Jatter being usually called to ad- journ sine die.
The primary signification of the term “ad- journ” is to put off or defer to another day specified. But it bas acquired also the mean- ing of suspending business for a time,—de- ferring, delaying. Probably, without some Wimitation, it would, when used with refer- ence to a sale on foreclosure, or any judicial proceeding, properly include the fixing of the time to which the postponement was made. 14 How. Pr. 58. See, also, 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 triala were called “bukis of adiornale,” or “hooks of adjournal,” few of which are now extant, An “act of adjournal” is an order of the court of juaticiary entered on its min- ules.
Adjournamentum est ad diem dicere seu diom dare. An adjournment is to ap- pointuday or giveaday. 4 inst.27. Hence the formula “eat sine die.”
ADJOURNATUR. L. Lat. It is ad- journed. A word with which the old reports yery frequentiy conclude a case. 1 Lad. Ruym. 602; 1 Show. 7; 1 Leon, 88.
ADJOURNED SUMMONS. A sum- mnmens taken out in the chambers of a judge, and afterwards taken into court to be argued by counsel.
ADJOURNED THRM., In practice. A continuance, by adjournment, of a regular
37
ADJUDICATION
term. 4 Ohio St. 473. Distinguished from an “additional term,” which is a distinct term. Id. An adjourned term is a contin- uation 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. 22 Ala. 57.
ADJOURNMENT. A puiting off or postponing of business or of a session until another time or place; the act of a court, leg- islative 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 definitively or for anintervai. Ifthe adjourn- ment is final, it is said to be sine die.
In the civillaw. A calling into court; a summoning at an appointed time. Du Cange.
ADJOURNMENT DAY. A further day appointed by the judges at the regular sittings at #¢st préus to try issues 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 mat- ters left undone on the aflirmance day are finished. 2 Tidd, Pr. 1176.
ADJOURNMENT IN EYRE. The ap-
| pointment of a day when the justices in eyre
mean to sit again.
ADJUDGE. To pass upon judicially; to decide, settle, or decree; to sentence or con- demn.
ADJUDICATAIRE. In Canadian law. A purchaser at a sheriff's sale. See l Low. Can. 241; 10 Low. Can, 325,
ADJUDICATE. To settle in the exercise of judicial anthority. To determine finaliy. Synonymous with @djudge in its strictest Bense.
ADJUDICATIO, In the civillaw. An adjudication, Ths judgment of the court that the subject-matter is the property of one of the litigants; confirmation of title by judg- ment. Mackeld. Hom. Law, § 204.
Cowell; Spelman.
ADJUDICATION. The giving or pro- nouncing 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 deelares the debtor to be a bankrupt.
In French law. <A sale made at publia auction and upon compelition. Adjudica-
ADJUDICATION
tions are voluntary, judicial, or administra- tive. Duverger.
In Seotch law. A species of diligence, or process for transferring the estate of a debt- or to acreditor, carried on as an ordinary ac- tion 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, heredita- ments, or any heritable right to belong to his creditor, who is catled the “adjudger,” for payment or performance. Bell; Ersk. Inst. ¢. 2, tit. 12, §§ 89-55; Forb. Inst. pt. 3, b. 1, ec. 2, tit. 6.
ADJUDICATION CONTRA HARE- DITATEM JACENTEM. In Scotch law. When adebtor's heir apparent renounces the
succession, any creditor may obtain a decree |
cognitionis causa, the purpose of which is that the amount of the debt may be ascer- tained so that the reai estate may be ad- judged.
ADJUDICATION IN IMPLEMENT. In Scotch law. An action by a grantee against his grantor tocompel him to coinplete the title.
ADIJUNCTIO. In the civil law. Ad- junction; a species ot aecessio, whereby two things belonging to different proprietors are brought into firm connection with each other; such as interweaving, (intertextura,;) weld- ing together, (adferrumiuatio;) soldering together, (applumbetura;) painting, (piet- ura,;) writing, (seriptura,;)} building, (in- aedifieatio;) sowing, (satio;) and planting, (plantatio,) Inst. 2, 1, 26-34; Dig. 6, 1, 23; Mackeld. Rom. Law, § 276. See Aconssio.
ADJUNCTS, Additional judges some- times appointed in the English high court of delegates. See Shelf. Lun. 310.
ADJUNCTUM ACCESSORIUM. An Becessory or appurtenance.
ADSJURATION. upen oath.
A swearing or binding
ADJUST, To bring to proper relutions; to settle; to determine and apportion an amount due,
ADJUSTMENT. In the law of insur- ance, the adjustment of a loss is the ascer- tainment of its amount and the ratable dis- tribution of if among those liable to pay it; the settling and ascertaining the amount of the indemnity which the assured, after all al- lowances and deductions wade, is entitled to
88 ADMENSURATIO
portion which each underwriter is liable to pay. Marsh. Ins, (4th ld.) 499; 2 Phil. Ins. $§ 1814, 1815.
Adjuvari quippe nos, non decipi, bene- ficio 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 bor- rower, notto his detriment.) Story, Bail. § 275. See 8 EL & Bi 1051.
ADLAMWR. In Welsh law. A pro prictor who, for some cause, entered the service of another proprietor, and left him after the expiration of a year andaday. He was liable to the payment of 30 pence to his patron. Wharton.
ADLEGIARE, 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
To purge one’s self of a
| quantity or value, by certain limits, or in defi- | nite and fixed proportions,
ADMEASUREMENT, WRIT OF. It lay agninst persons who usurped more than their share, in the two following cases: Ad- measurement of dower, where the widow held from the heir more land, etc., as dower, than rightly belonged to her; and admeasurement of pasture, which lay where any one having common of pasture surcharged the common. Termes de la Ley.
ADMEASUREMENT OF DOWER. In practice. A remedy which lay for the heir on reaching his majority to rectify an assign- ment of dower made during his minority, by which the doweress had received more than she was legally entitled to. 2 Bl. Comm. 136; Gilb. Uses, 379.
in some of the states the statutory pro- ceeding enabling a widow to compel the as- signiment of dower is called “admeasurement of dower.”
ADMEASUREMENT OF PASTURE. In English law. A writ which liea between those that have common of pasture append- ant, 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.
ADMENSURATIO. In old English law.
receive under the policy, and fixing the pro | Admeagurement. Reg. Orig. 156, 157.
ADMEZATORES 89
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 collat- eral deed or writing, referring to another which has been lost, and which it is in gen- eral 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. ¢. 1, in the sense of aid, or sup- port.
In the civil law. Imperfect proof. Merl. Repert.
ADMINICULAR. (From adminicu- tum, q. v.) Auxiliary to. “The murder would be adminicular to the robbery,” (é. committed to accomplish it.) 38 Mason, 121.
ADMINICULAR EVIDENCE. In ec- clesiastical law. Auxiliary or supplement- ary evidence; sucii as is presented for the purpose of explaining and completing other evidence.
ADMINICULATE. To give adminicu- lar evidence.
ADMINICULATOR. An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted per- sons. Spelman.
ADMINICULUM. 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 princi- pally used to designate evidence adduced in aid or support of other evidence, which with- out it is imperfect. Brown.
ADMINISTER. To discharge the duties of an oflice; 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 ad- minister means to cause or procure a person to take some drug or other substance into his or her system; to direct and cause a med- icine, poison, or drug to be taken into the system. 8 Ohio St. 131; 34 N. Y. 2238; 11 Pla. 247; 1 Moody, 114.
Neither fraud nor deception isa necessary ingre- dient in the act of administering poison. ‘fo force poison into the stomach of another; to compel an-
other by threats of violence to swallow poison; to furnish poison to another for the purpose and with
ADMINISTRATION
the intention that the person to whom it Is delly- ered shall commit suicide therewith, and which poison is accordingly taken by the suicide for that purpose; or te 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 “administer- ing” poison. 23 Ohio St. 146.
ADMINISTRATION. In public law. The administration of government means tlie practical management and direction of the executive department, or of the public ma- chinery 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 function- aries, or those in charge of the management of the executive department.
ADMINISTRATION OF ESTATES. The management and settlement of the es- tate of an intestate, or of a testator who has no executor, performed under the supervision of a court, by a person duly qualified and le- gally appointed, and usually involving (1) the collection of the decedent's assets; (2) payment of debts and claims against him and expenses; (8) 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.
Administration is principally of the follow- ing kinds, viz.:
Ad colligendum. That which is granted temporarily, for the purpose of collecting and preserving property of a perishable nature.
Anciliary administration is auxiliary and subordinate tothe administration at the place of the decedent’s domicile; it may be taken out in any foreign state or country where as- sets 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 sur- vivor of them. 2 Bl. Comm. 503, 504.
De bouts non. Administration of the goods not administered. Administration granted for the purpose of administering such of the goods of a deceased person as
ADMINISTRATION 40
were not administered by the former exec- utor or administrator. 2 B1. Comm. 506.
De bonis non cum testamento annexo. That which is granted when an executor dies leaving a part of the estate unadministered. 3 Cush. 28; 4 Watts, 34, 38, 39.
Durante absentia. That which is granted during the absence of the executor and until he has proved the will.
Durante minori etate. Where an infant is made executor; in which case administra- tion with willannexed 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 ts exercised by virtue of authority properly conferred by a foreign power.
Pendente tite. Administration during the suit. Administration granted during the pendency of a suit touching the validity of a will, 2 Bi. Comm. 503.
Public administration is such as is con- ducted (in some jurisdictions) by an officer called the public administrator, who is ap- pointed to administer in cases where the in- testate has left no person entitled to apply for letters.
ADMINISTRATION SUIT. In En- glish 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 LAW. That branch of public law which deals with the various organs of the sovereign power con- sidered as in motion, and prescribes in detail the manner of their activity, being concerned with such topics as the collection of the rev- enue, the regulation of the military and na- val forces, citizenship and naturalization, sanitary measures, poor laws, coinage, police, the public safety and morals, etc. See Holl. Jur. 305-307,
ADMINISTRATOR, in the most usual sense of the word, is a person to whom let- ters of administration, that is, an authority to administer the estate of a deceased person, 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. (Browne, Prob. Pr. 150.) Sweet.
By the law of Scotland the father is what is called the “administrator-in-law” for his
ADMIRALTY
children. As such, he is ipso jure thelr tu- tor 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 cura- tor of his wife. Bell.
A public administrator is an officer author- ized by the statute law of several of the states to superintend the settlement of es- tates of persons dying without relatives en- titled to administer.
ADMINISTRATOR. 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 oth- ers. Calvin. A public officer, ruler, or gov- ernor. Nov. 95, gl.; Cod. 12, 8.
ADMINISTRATRIX. A female who administers, or to whom letters of adminis- tration have been granted.
ADMIRAL. In European law. <An officer who presided over the admiraliias, or callegtumammiralitatis, Loce. de Jur. Mar. lib. 2p 6e25, SIs
In English law. A high officer or mag- istrate that hath the government of the king’s navy, and the hearing of all causes belong- ing to the. sea. Cowell. .
In the navy. Admiral is also the title of high naval oflicers; they are of various grades, —rear admiral, vice-admiral, admiral, ad- miral 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 for mutual protection and defense against pirates and enemies.
ADMIRALTY. A court exercising ju- risdiction 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 depart- ment of state which presides over the naval forces of the kingdom. The normal head is
ADMIRALTY
the lord high admiral, but in practice the func- tions of the great office are discharged by sev- eral commissioners, of whom one is the chief, and iscalled the “First Lord.” He is assist- ed by other lords and by various secretaries. Also, the court of the admiral. The building where the lords of the ad- miralty transact business. In American law. A tribunal exercising
41
jurisdiction over all maritime contracts, torts,
injuries, or offenses. 2 Pars. Mar. Law, 508.
ADMISSIBLE. Proper to be received. As applied to evidence, the term means that it is of such a character that the court or judze is bound to receive it; that is, allow it to be introduced.
ADMISSIBILITY. An objection to the admissibility of evidence in any cause can only be properly founded on the hypothesis that such testimony violates the law of evi- dencsin this: that the law prohibits the proof of the particular fact in the manner proposed, or because of its irrelevancy to the subject- matter of the inquiry. 7 Md. 87.
ADMISSION. Inevidence. <A volun- tary acknowledgment, confession, or conces- sion of the existence of a fact or the truth of an allegation made bya party to the suit.
In pleading. The concession or acknowl- edgment 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.
In practice. The formal act of a court, by whieh attorneys or counsellors are recog- nized as officers of the court and are licensed to practice betore it.
In corporations. The act of a corpora- tion or company by which an individual ac- quires the rights of a member of such corpo- ration or company.
In English ecclesiastical law. The act of the bishop, who, on approval of the clerk