A Dictionary of Law

' 1. Help; assistance; support. Aid and abet. In common parlance, assistance, co-operation, encouragement.* Assistance rendered by acts, words of encouragement, or support; or pres

A qualified property may be had in the air or atmosphere." The private owner of property has a natural right to purity of air; and, formerly, a like right to its free passage. Ease

■ 3 Bl. Com. 1". " 1 Morse, Arb. & Award, 181-83, cases. ? Wilcox V. Payne, 88 Pa. 157 (1878); Tobey v. Covmty of Bristol, 3 Story, 800, 822 (1845); Corbin v. Adams, 76 Va. 61 (188

See Territory, 2. Congress has power, in its discretion, to prohibit the importation, manufacture, and sale of intoxicating liquors in the district of Alaska, and to make the viola

See Distiller; Liquor. An act of Congress approved May 20, 1887 (24 St. L. 69), the substance of which has been enacted in many of the States, provides — " Section 1. That the natu

^ Depending upon an event the outcome of which is unknown; resting upon a contingency. Applied, mainly, to annuities and insurance contracts. It is of the essence of all aleatory c

Otherwise called. Alias, in the expression " A, alias B," denotes that those names are different descriptions of the same person. The word was formerly employed in connection with

In another place; elsewhere. The defense that at the time laid in the charge of an offense the accused was in another place. Being proven, the conclusion is " not guilty." The evid

See Alienatio. To transfer property to another; to make a thing another man's. Town of New Hartford v. Town of Canaan, 54 Conn. 40-45 (1886), cases. 1 Bl. Com. 373. Fairfax v. Hunt

Transfer, alienation. From alienare, to make to be the property of another: aliemi^, another; Alienatio rei praefertur juri acerescendi. The alienation of a thing is preferred in l

s Support; provision; allowance for necessaries or maintenance. 1. An allowance made to a woman for her support out of her husband's estate, after a divorce a mensa et tlioroj Appl

See under Alius.

Another, other; different. Plural, alii. Alia enormia. Other wrongs. See Enormia; Inter Alia. Alieni generis. Of another kind. Alieni juris. Under another's right or authority. See

Compare A, 4; Every; Omnis. May mean "each " or "every one."' In the acts of legislatures, as in common parlance, "all, "being a general rather than a imiversal term, i^ to be unde

To lay before one: to relate, allege. Allegans eontraria non est audiendus. He who alleges contradictory things is not to be listened to. "A man shall not blow hot and cold." In Sc

2 The tie, or ligamen which binds the subject to the king in returi for that protection which the king aflfordi the subject,^ When acknowledgment was made to the absoluti superior,

See Collision.

1. To set apart a thing to a person as his share: as, to allot a fund, land. Whence allottee, allotment. As usually understood, to set apart a por^' tion of a particulai- thing or

To approve of, sanction; to permit, consent to. Opposed, disallow. See Permit; Suffeb. In its ordinary sense, to grant, admit, afford, or to yield, to grant license to, permit. Imp

See Coin.

That which is washed to a place. Alluvio maris. The washing of the sea. Jure alluvionis. By right of alluvion. See Alluvion.

By the common law the addition made to land by the washing of the sea, a navigable river or other stream, whenever the increase is so gradual that it cannot be perceived in any one

A house appropriated to the use of the poor.^ Within the meaning of an act exempting property from taxation, will include a house used solely for the " purpose of affording pecunia

Over against in length; lengthwise of. Compare By, 1; Parallel. " By the length of, as distinguished from across; lengthwise of; " as, a railway along a highway.''' " - A sidewalk

See Provided. AM, Amended, amendment; American.

See Consolidate, Associations.

See Minister, 3.

See Ambiguity.

^ The eflfeot of words that have either no definite sense or a double sense.^ Ambiguity or duplicity are predlcable' only of language as to which it is needful to make a choice of

Reparation; compensation f o wrong done; satisfaction. By 84 Geo. H (1751), c. 24, re-enacted in severs States, a tender of amends to the party injured by mistake made by a magistr

The act of attacking an enemy unexpectedly from a concealed station. A concealed station where troops or enemies lie in wait to attack by surprise; an ambuscade. Troops posted in a

i To be amerced, or d mercie, is to be at the king's mercy with respect to a fine to be imposed. Later, simply to be fined. Whence amercement. Before the jury deliver their verdict

2 1. Correction of a fault; the curing of a defect; alteration for the better; improvement. Whence amendatory. " Amend," in its most comprehensive sense, means to better... When a

See Discovery, 1; State, 3 (3), p. 966. American. In the general mind now describes a descendant of Europeans, born in America, and is especially applied to an inhabitant of the Un

A friend. Compare Ami. Amicus CTirise. A friend of the court. Imports friendly intervention of counsel to remind the court of some matter of law which has escaped its notice and in

Has no technical meaning in the common law: is merely the synonym of " oblivion," which, in English law, is the synonym of "pardon." The literal meaning is " removal from memory."

Intermingled with. Commerce among the States cannot stop at the external line of each State, but may be introduced into the interior... Comprehensive as "among "is it may properly

^ Turning out; removal. 1. Turning out the legal proprietor of an estate in realty before the termination of the estate; 8 an eviction. See Eviction; Duster. 3. Removal of a corpor

See Judex, 3, Boni, etc.

Any irrational being, as distinguished from man. In a common sense, a quadruped; not, a bird or a fowl. '^ In discussions in the cases as to what is included by " animals " in the

See Entertainment; Game, 3; Eight, 3 (3), Civil rights; Theater; Ticket. AN. See A, 4; Ad; Ante; Ant.

See Argumbntum, A simile.

2 The absence of government; a state of society in which there is no law or supreme power. 3 " K the conspiracy had for its object the Hestruetion of the law and government, it had

8 1. Created, made, conceded, or established at a day now long past; beginning with a period indefinitely early; dating from a time so remote as to acquire or have attached some ri

i Auxniary;-subordinate; incidental; additional. The king's court is not ancillary to any other.^ Thus also are or may be related — one constitutional po^ifer to another; ^ implied

i To put in permanent connection with; to attach. As, to annex — a fixture to a freehold; a condition to an estate; a covenant to land; one writing to another, as, an exhibit to a

Applied to the payment of interest imports, not an undertaking to pay at the end of a year, but at the end of every year during the period of time, fixed or contingent. 2 A note pa

See Nuisance; Usrs, Sio utere, etc.; Wahton.

'' A yeai-ly sum stipulated to be paid to another in fee or for life or years, and chargeable only on the person of the grantor. 5 A yearly sum chargeable upon the person of the gr

See Nuix; Repkal; Rescission; Vacate.

A year. Anni nubiles. Marriageable years. Infra annos nubiles. Within marriageable years — at common law the age of twelve in girls." Anno Domini. In the year of our Lord. Abbrevia

Designates a case reported with the names of the parties omitted. Abbreviated Anon.

One other; any other Larceny of the "personal goods of the United States" is within the words "personal goods of another " in the act of April 30, 1790.< In the sense of another pe

Response, reply; defense. Compare Responderb. 1. In the sense of a response to a written or oral communication, see Letter, %; Silence. 3. A statement made in response to a questio

See Date.

See Nuptial.

! Taking beforehand, or before a time. 1. Use in the present of what is to accrue or to becomes one's own as income or profit; dealing with income before it is due. More specifical

See Jus, Apex, etc.; Vein.

i The fighting of two or more persons in some public place to the terror of his majesty's subjects. ^ When persons come together without a premeditated design to disturb the peace,

3 In English admiralty practice the copy of the record in an appealed case which is sent to the appellate tribunal.

See Druggist; Merchant. Any person who keeps a shop or building where medicines are compounded or prepared according to the prescriptions of physicians, or where medicines are sold

See Appendage; Process, 2.

In exemption and duties laws "apparel," "wearing apparel," and "necessary wearing apparel" have their popular import.' Cloth actually appropriated thereto may be regarded as appare

1. Readily seen; evident, self-evident; manifest: as, error apparent upon the face of a record. See Apparere, De non, etc.; Constat, 1; Error, 3 (3). 3. Existing in looks or appear

To come into sight: to appear. Compare Constat, 1. De non apparentibus et non ex Lstentibus, eadem est ratio. Concerning things not appearing and things not existing, the rule (rea

6 1. To apply to, as for relief; also, the application or action itself. Whence appealable; as, an appealable order. May denote an application for relief to be obtained by a consid

The right to ' ' appear " before a tribunal engaged in the transaction of particular business implies the right to be heard > Babbitt v. Finn, 101 U. S. 16, 13 (1879); BeaU v. New

2 A learner: a spec of servant usually "bound" for a term years, by indenture, to serve his master a be maintained and instructed by him.' One bound to service for a term of ye: in

One thing may appertain to another without adjoining or touching it. "Proof that pieces of land adjoin would not be proof that one appertained to the other." As a descriptive word

H' Annexed to another and superior thing; belonging to something as the principal thing; also, the thing itself thus attached: as, an incorporeal inheritance to another inheritance

See Appendant; Incident; Railroad. Where the question was whether a stereoscope, with views, was a "necessary appendage " to a schoolhouse, the court said that the words quoted, as

J. 5 See Ward v. Brigham, 127 Mass. 24 (1879); Volger v. ■Ray, 131 id. 439 (1881); Ferris v. Thaw, 72 Mo. 446 (1880).

1. A written request, more or less formal, presented to- a private person or to an official for the favorable exercise of his authority or discretion: as, an application for insura

Fixing, establishing: limitation, selection, designation. 1. Selection for the duties of an office or place of trust. Appointee. The person so designated, until qualified. A commis

A division into shares, portions or proportions; distribution into proportionate parts. Division of a fund, or property, or other subject-matter, in shares proportioned to differen

2 To value; to estimate at a price, by authority of law. Appraisement; appraisal; apprizal. The worth of property as estimated by an authorized person; also the act or proceeding b

See BRmaE.

To approve; lit ally, to test, try, prove good. Qtil approbat, non reprobat. He w approves cannot reject. One cannot both accept and reject the same thi One may not both affirm and

See Allegaee, AUegans conti-aria, etc.

! 1, V. (1) To take to one's self; to take as one's own — for one's self: 2 as, to appropriate running water; to appropriate the personalty of another is a conversion, an embezzlem

2, adj. Adapted to the purpose: proper, fit, suitable, q. v.: as, the appropriate departments of the government; i appropriate legislation; 2 an appropriate remedy " or decree.-'

1. To accept as good or sufficient for the purpose intended. Opposed, disapprove. See Approbare. Public sales are made on "approved, indorsed notes" when the purchaser gives his pr

'' Wlien the parties injuring and injured submit all matters in dispute, concerning any personal chattel or personal wrong, to the judgment of two or more arbitrators who are to de

See Laborek. Every person whose business it is to plan, design, or superintend the construction of buildings, ships, roads, bridges, canals, or railroads, shall be regarded as an a

Proof or the means of proving, or inducing belief; a course or process of reasoning; an address to a jui'y, or a court. See Argumentum. When a controverted question of fact is to b

Argument: 1 erally, that which makes clear or prov Arguere, to argue. Arguendo. In reasoning, arguing. A breviated arg. Applied to an observation made by a jud in rendering an opin

See Sea.

Weapons, offensive or defensi^ See Arma. 1. Aggressive weapons; instruments of i tack. At common law one may carry arms for def en But going armed with dangerous or imusual weapo b

See Enlistment; Martial Law; Naturalizaiton (R. S. §2166); Reinstate; Station, 1: War. AHPEN; AEPENT. A measure of land in use in this country, in the early French and Spanish time

" Order; arrangement. The whole body of jurors as arranged upon the panel. Whence challenge to the array.' See Challenge, 4.

8 Back, remaining back: unpaid, though due. Arrears. Money unpaid after it is due; as, of interest, dividends, rent, taxes, wages, pensions, alimony, dower. " In arrear" — overdue

1. A principle put into practice by leans of some art, machine, manufacture, r composition of matter. See Aks. " The Congress shall have Power.. To promote le Progress of Science a

^ 1. "A distinct portion or part, a joint or a part of a member, one of various things.'' A word of separation to individualize and distinguish some particular thing from the gener

1. Pertaining to an art, trade, or profession; technical. See Art, 2, 3. Artificially. A will is said to be "artificially" or "inartificially" drawn, according as it employs or doe

See Communication, Privileged, 1; Deceit; Fraud.

1. To render definite or fixed: as, to ascertain the relief due.' " The use in pleading of an averment is to ascertain that to the court which is generally or doubtfully ex- 1 Benn

A bill in equity may be framed with a "double aspect," embracing alternative averments, provided that each aspect entitles the complainant to substantially the same relief, and tha

To carry away. Cepit et asportavit. He took and carried away. Words formerly used to charge an unlawful removal of personalty. De bonis asportatis. For goods carried off. The name

See Cattle; Hoese.

' An attempt or offer to beat another, without touching him.* If one lifts up his cane or his fist, in a threatening manner at another, or strikes at but misses him — this is an as