A Dictionary of Law

See Coin. Any person or persons or corporation whose business or occupation it is to separate gold and silver from other metals or mineral substances with which such gold or silver

An intentional meeting, gathering, or concourse of people: of three or > United States v. Hand, 3 Wash. 437 (1810), Washington, J.; United States v. Ortega, 4 id. 534 (1825); Drew

^ Agreement; approval; compliance; consent; willingness declared. Opposed, dissent. Implies more than mere acceptance, — is an act of the understanding; while "consent" is an act o

' 1. To rate or fix the proportion which each person is to pay of a tax; to » 4B1. Com. 14«: 3 Coke, Inst. 176. ' L. assentire, to agree to. ' Webster's Diet. * Crabbe's Syn. » See

* Property sufficient to answer a demand — made by a creditor or a legatee upon an executor or administrator, or by a creditor upon an insolvent or a bankrupt. Also, all the proper

' To point out, specify, signify which of several things; to select, appoint, fix. Whence assignable, assignment. As, to assign — the particular in which a ' [Silk V. Prime, 2 L. C

See Assize.

Help, aid; furtherance. "Writ of assistance. A process issuer from a court of equity to enforce a decree as; to place in possession a purchaser of mort gaged premises sold for a mo

6 Originally, an assembly me for the purpose of ascertaining somethitij judicially: a jury, or court; a session or sit ting; then the place where, as also the tim ■when, the sessio

' A person united with another in business, office, enterprise, or other interest. Associates are persons united, or acting together by mutual consent or compact, in the promotion

4 Certainty; warrant; indemnity. 1. Legal evidence of the transfer of titl whereby eveiy man's estate is assured him, and all controversies, doubts, and dif culties are prevented o

To take to or upon one's self. See Assumpsit. A person who *' assumes a lease " takes to himself or accepts the obligations and the benefits of the lessor under the contract.^ "Ass

' He engaged or agreed to do a thing. Describes a contract, not under seal, made ■witli another for his benefit^ also, the common-law form of an action of trespass upon the case fo

Indicates the words which the pages of the first edition of a tes book or volume of reports began; enlarg( 13 Bl. Com. 162; Dermott v. Jones, 8 Wall, 9 (188 Nash V. Towne, 5 id. 70

« Sheets v. Selden, 2 Wall. 190 (1864); 2 Hill, 355. « Hooper t). Hooper, 9 Cush. (1851); 9 Pet. 470. » Lamb v. Lamb, 11 Pick. »378 (1831), Shaw, C. J.; Minot V. Amory, 2 Cush. 387

When it is said that the courts are "not astute" to do a thing, (as, to infer fraud from negligence), the meaning is that they are disinclined, not disposed, to do the particular t

One who disbelieves in the existence of a God who is the rewarder of truth and the avenger of falsehood. See Infidel; Oath; Religion. ATLANTIC. See Cable, Submarine. The Gulf of Me

See Assault; Collaterally. ATTAINT)ER.2 Staining; corrupting; pollution of blood; extinguishment of inheritable quality of blood. When sentence of death is pronounced the immediate

1. Otherwise; also used for — Alias dictus. Otherwise called. Alias, in the expression " A, alias B," denotes that those names are different descriptions of the same person. The wo

1, V. To perform an act toward accomplishing a purpose; to do anything by physical exertion tending to produce an unlawful result. To make an efifort to effect an object; to make a

i To bear witness to: to signify, by subscription of his name, that the person has witnessed the execution of the particular instrument. Compare Sign; Subsceibe, 1. In its strict s

^ To turn over: to transfer service to a new lord; to recognize as landlord the ti-ansferee of a leasehold. Attornment. The consent of a tenant to the grant of his landlord. 3 The

s A public sale of property to the most favorable bidder. A sale by consecutive bidding, intended to realize the highest price by competition for the article.* When the law require

To hear. Compare Oyeb. Audi alteram partem. Hear the other side — the accused, the defendant. No man is to be condemned miheard.' See Notice, 1, Judicial. Audita querela. The compl

Literally, he hears; a hearing. See AtTDlEB. 1, V. To hear: to examine and adjust or certify. 2, n. The act or proceeding of officially examining and allowing or certifying, or of

See Ancestor; Consanguinitt.

See Atjtke.

2 In legal parlance, duly vested with all formalities and legally attested.' Authentication. Official, legal attestation to a thing done; as, of a copy made of an act of legislatio

5 Within the meaning of the copyright law one who, by his own intellectual labor applied to the materials of his com- 1 3 Bl. Com. 37-M; 3 Steph. Com. 397-400. = L. authenticus, wr

1. Power — delegated to an agent or exercised by virtue of an office, trust, or privilege. Executive authority. Power vested in the President of the United States, or in the govern

To confer power upon; to invest with lawful authority, q. v. A government contract to be "authorized by law" must be made in pursuance of express authority given by statute or of a

Another. Also spelled aiifer. Autre action pendant. Another action pending. See Pend. Autre droit. Another's right. See further Droit. Autre vie. Another's life. See Vie.

Another time; formerly. Autrefois acquit. Formerly acquitted. Autrefois convict. Formerly convicted. Pleas in bar of a second indictment for an offense of which the accused has alr

See Ancillary; Equity.

See Averment.

6 Proportional payment: contribution to a loss or expense incurred at sea for the general benefit of several persons or several interests. In its simple generic sense a loss, injur

' A positive statement of the truth of a fact; a formal allegation in pleading. Aver. To assert for the truth; to state in ■ positive terms; to allege formally. Averments are spoke

See Business; Employment; Trade.

' 1. To cause to be or become empty: to render useless or void; to make inoperative or of no effect; to nullify. Opposed, affirm, confirm. Avoidance. Setting aside; nullifying; ren

' 1. To declare openly: to acknowledge and justify an act; opposed to disavow. 2. To make an avowry. Avowant. He who makes an avowry. Avowry. Upon an action of replevin being broug

s Alluvion or dereliction of land which is sudden and considerable. As, where the course of a river is changed by a violent flood and thereby a man loses his ground; in which case

See A, 3, A 1; Appurtenance; Furniture, Of ship. A vessel fastened to a pier is not "lying at anchor;"'' nor is a vessel purposely beached, though having an anchor out for caution.

A term of reproach originally applied to the disability of infancy when pleaded by an adult in bar of recovery upon a contract made while he was under age, but extended to any plea

To indorse, sign: as, to back a process or writ. The warrant of a justice of the peace in one county must be backed, that is, signed, by a justice in another county, before it can

See Mill, 1; Take, 8.

1. When applied to "character," the jury must say whether want of chastity or of honesty was imputed.* The charge of incontinency involved in the words " she is a bad, a loose, cha

1. A mark or device worn by an officer of the peace for purposes of identification and perhaps of notification. On demand, is ordinarily to be shown as evidence of authority to mak

Within a radius of ten miles from a certain village means tvithin ten miles of its 6enter.i

The sack, satchel, reticule or other like receptacle in which lawyers carry briefs and papers for use during the preparation, trial, hearing, or argument of cases, was formerly cal

1. Whatever a passenger takes with him for his personal use or convenience, according to the habits or wants of the particular class to which he belongs, either with reference to t

See Bailment. B AILIFr. 1 Originally, one put in charge of something. An officer concerned in the administration of justice in a certain province.^ 1. A servant, in a superior, min

^ A delivery of goods in trust, upon a contract, expressed or implied, that the trust shall be faithfully executed on the part of the bailee.' A delivery of goods in trust upon a c

2 1. Excess on one side of an account. The conclusion or result of the debit and credit sides of an account. 3 Implies mutual dealings, and the extension of debit and credit.' 3. R

' n. A ball or a ticket used in voting; a paper embodying a vote; also, the whole number of votes cast. v. To decide by voting. 1 Pitts V. Millar, ante, ' L. bilanx, having two sca

2 The seat occupied by the judge* of a court; more particularly, a full bench, when all, or at least a majority, of the judges are present for the decision of questions of law, as

* 1, n. A mutual contract or agreement between two parties, the one to sell goods or lands, and the other to buy them.5 Any mutual undertaking. " Bargain " more prominently, perhap

See Litera, Qui hseret, etc. BAKU". See Arson; Belong; Curtilage. Within the meaning of a statute against arson, the building need not be used for storing provender.* The word may

! i. in maritime law, an act committed by the master or mariners of a ship, for some unlawful or fraudulent purpose, contrary to their duty to the owners, whereby the latter sustai

See Lett; Rent; Trust. 1.

See Bab. 1. > Sp. barateria, deceit, fraud,— 3 Pet. *230. » Marcardier v. Chesapealse Ins. Co., 8 Cranch, 49 (1814), Story, J. s Lawton v. Sun Mut. Ins. Co., 2 Cush. 511-12 (1848),

! A contract by which goods are exchanged for goods. ^ The exchange of one commodity or article of property for another.^ The consideration, instead of being paid in money, as in t

Inferior; of low degree. Base animal. An animal which is unfit for food. See Animal. Base coin. Debased coin.* Base fee. An estate in fee that ends whenever an annexed qualificatio

'" One that is not only begotten, but born, out of lawful matrimony." Such child as is not born either in lawful wedlock, or within a competent time after its determination. !3 One

' Trial by combat or duel. Also called wager of battel, battle, battaile. In the nature of an appeal to Providence, under an apprehension and hope that' Heaven would give the victo

^ The unlawful beating of another. 3 Any unlawful touching of the person of another, either by the aggressor or by any person or thing set in motion by him.< The least touching of

"Accretion," which is the imperceptible augmentation of the soil on the shore of a stream, is called "alluvion" and sometimes "batture." ' A marine term, denoting a bottom of sand,

* One who procures opportunities for persons of opposite sexes to cohabit in an illicit manner.^ Bawdy-house. A house of ill-fame; a house kept for the resort and unlawful con- -ve

See Lights, Ancient, A nut or bay-window which is maintained without authority of law, which encroaches on the public 13 Bl. Com. 121; 4 id. 216; Kirland v. State, 43 Ind. 148-56 (

' An agent employed to make bargains and contracts between other persons in matters of trade, commerce or navigation, for a compensation commonly called brokerage.* Brokerage. The

Commenced. In the legislation of Congress on the subject of limitation of actions, "commenced" and "brought" mean the same thing. * A suit is brought when it is instituted or comme

See Cruelty; Whipping-post.

He who bears or carries a thing; he who presents for payment a bill, check, or note, transferable by delivery. A note payable to "A or bearer" is negotiable without indorsement, an

The land, between the lines of high and low water, over which the tide ebbs and flows; synonymous with shore, strand, flat. A deed of land described as bounded "on the beach" does

See Date; Interest, 2 (3).

"In the rear of" a messuage does not necessarily mean directly behind the messuage.^

See Date; Interest, 2(3).

See Animal. Beasts of the plow. An ancient expression referring to animals employed in the ordinary uses of husbandry, or other actual labor in a lawful and useful industry.! See D

In law, not merely to whip, wound, or hurt; includes any unlawful imposition of the hand or arm. 2 To commit a battery,' q. v.

One who receives anything belonging to another or others. 1. One who receives stolen goods. See further Steaj,. 3. A person appointed by a court of equity to take charge of propert

4 A going back; resort. ■Without recourse. By the use of these words the holder of negotiable paper may transfer title without incurring the responsibility of an indorser.5 See Ind

1. The right of connubial intercourse; cohabitation, q. v. Whence bed and board. See Divorce. 2. The bed of a river is that soil so usually covered by water as to be distinguishabl

See Liquor; Prohibition, 3.

See After; Ante; Coram; On. Before the twenty-eighth of a month means by the twenty-seventh, at least.^ Before a given day excludes that day.' Before the court. When a matter, by r

See Interest, 3 (1). A witness called by a party testifies " in his behalf " though he testifies against his interest. ^

Manner of having, holding, or keeping one's self; personal carriage and demeanor; bearing, with respect to propriety, morals, and the requirements of law. Disorderly behavior. See

' 1. In feudal law, a fine or composition paid to the lord of a fee for taking up an estate which had lapsed or fallen by the death of the last tenant. It •' raised up " and re-est

See Wab.

In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence. 5 Belonging to. In the Pennsylvania st

Compare Above; Infba.

Redress, relief, remedy; reparation. Ubi jus, itai remedium. Where there is a right, there is a remedy. For every legal right the law provides a remedy.* See Damnum, Absque, etc.

The judge's seat in a court. Also, the judges themselves as a tribunal or a professional class: as, the common or common pleas bench, the supreme bench, a full or partial bench. Co

A gratuitous donation, as, an estate by feudal tenure; also, an eoclesi- 1 See 3 Bl. Com. 41; 4 id. 365. » Holthouse's Law Diet. astical living or church preferment given or held f

One who is entitled to, the benefit of a contract or of an estate held by another. The word, though a little remote from the original meaning of the expression " cestui que trust,^

Good, advantage; fruit, profit, use; aid. As, in the expressions, assignment for the benefit of creditors, common or mutual benefit, benefit of a doubt, of clergy, of copyright, of

To depress or bear down with haughty, stern looks, or with arrogant speechijand dogmatic assertions; to bear down by impudence: as, to browbeat a witness.' Compare Badger. See Exam

A gift of personal property by will. Bequest. A gift of personalty by will; the clause in the instrument making the gift; the thing itself so given. When the context requires it "

2 Cutting off; abrogating, canceling, annulling, nullifying, vacating, avoiding. Bescind. To annul a thing done; to vacate, set aside. Eescissory.3 Designed to abrogate, annul, av.

See Like; Quasi; Similitude. RESERVATIOIf; RESERVE.* Reserve: to keep or hold back, withhold, as one thing or right out of another — the subject-matter; also, the thing withheld. R

See Sodomy.

3 A wager, — the act or the amount. "Bet" and "wager" are synonymous * terms, applied to the contract of betting and ■wagering and to the thing or sum bet or w^agered. They may be