A Dictionary of Law

DIES, ET VASTUM. In old Annus est mora motus quo suum planeta pervolvat circulum, A year is the duration of the motion by which a planet revolves through its orbit. Dig. 40, 7, 4,

In Scotch law. A year of deliberating; a year to deliberate. The year allowed by law to the heir to deliberate whether he will enter and represent his ancestor. It commences on the

A year and a day. Annus inceptus pro completo habetur. A year begun is held as completed. Tray. Lat. Max. 45.

A year made up of available or serviceable days. Brissonius; Calvin. In the plural, anni wittles signifies the years during which a right can be exercised or a prescription grow.

A yearly rent; annuity. 2 Bl. Comm. 41; Reg. Orig. 158d,

Nameless; wanting a Nameornames. <A publication, withholding the name of the author, is said to be anonymous. Cases are sometimes reported anonymously, z. e., without giving the na

Annoyance; nuisance, Cowell; Kelham.

In the Romanlaw. A transcript or counterpart of the instrument called “apocha,” signed by the debtor and delivered to the creditor. Calvin.

Lat. Before. Usually employed in old pleadings as expressive of time, as pr@ (before} was of place, and coram (before) of person. Townsh. Pl. 22. Occurring in a report or a text-bo

An ancestor, (g. v.)

To date an instrument as of a time before the time it was written.

Before the exhibition of the bill. Before suit begun. ANTE-FACTUM or ANTE-GESTUM. Done before. A Roman Jaw term for a previous act, or thing done before.

In Saxonlaw. A preliminary or preparatory oath, (called also “prajurumentum,” and “juramentum calumnie,”) which both the accuser and aecused were required to make before any trial

Before suit brought; before controversy instituted.

Lat. From ante and netus. Born before. A person born before another person or before a particular event. The term is particularly applied to one born in a country before a revoluti

Made or done before amarriage. Antentptial settlements are settlements of property upon the wife, or upon her and her children, made before and in contemplation of the marriage.

The act of doing or taking a thing before its proper time. In conveyancing, anticipation is the act of assigning, charging, or otherwise dealing with income before it becomes due.

In Roman law. An officer whose duty it was to take care of tax money. <A comptroller.

<A copy or counterpart of a deed.

A term used in international law to denote a proclamation or manifesto published by one of two belligerent powers, alleging reasons why the war is defensive on its part.

In Roman law. A real or apparent contradiction or inconsistency in thelaws. Merl. Repert. Contlicting laws or provisions of law; inconsistent or conflicting decisions or cases.

A term used in logic and law to denote a real or apparent inconsisteney or conflict between two authorities or propositions; same as antinomia, (q. v.)

In English law. Ancient custom. An export duty on wool, wool-felts, and leather, imposed during the reign of Edw. I. It was so called by way of distinction from an increased duty o

In Roman law. To restore a former law or practice; to reject or vote against a new law; to prefer the old law. Those who voted against a proposed law wrote on their ballots the let

Also called “Veltera Statuta.” Unglish statutes from the time of Richard I. to Edward III. 1 Reeve, Eng. Law, 227.

Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two bundred and eleven rules or maxims. Dig. 50, 1%.

In old English law. Ancient demesne.

In old English law. A man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser. He differs from an approver in this: that

Fr. The Year Books. Kelham.

Lat. From palatium, (a palace.} Counties palatine are hence so called. 1 Bl. Comm, 117. See Pa Latiom. A piratis aut latronibus capti liberi permanent. Persons taken by pirates or

In old French law. A provision of lands or feudal superiorities assigned by the kings of France for the maintenance of their younger sons. An allow. ance assigned toa prince of the

A part of a house oecupied by a person, while the rest is occupied by another, or others. As to the meaning of this term, see 7 Man. & G. 95; 6 Mod. 214; 42 Ala. 356; 10 Pick. 293;

An agreement or compact. Du Cange,

Open, unsealed writs.

An overt act

In the civillaw. A form of proving a will, by the witnesses acknowledging before a magistrate their having sealed it.

The summit or highest point of anything; the top; e. g., in mining law, “apex of a vein.” See 26 N. W. Rep. 887,

The summit of the law; a legal subtlety; a nice or cunning point of law; close technicality; a rule of law carried to an extreme point, either of severity or refinement. Apices jur

An affidavit intended to certify the service of a writ, notice, or other document.

Aiffreightment; a contract for the hire of a vessel. From the Fr, fret, which, according to Cowell, meant tons or tonnage.

Extremely fine points, or subtleties of litigation. Nearly equivalent to the modern phrase “sharp practice.” “It is unconscionable in a defendant to take advantage of the apices li

Lat. In the civil law. A writing acknowledging payments; acquit. charge of the former obligation whether payment be made or not; apochka, discharge only upon payment being made. Ca

In ecclesiastical law. One who answers for another. An officer Whose duty was to carry to the emperor messages relating to ecclesiastical matters, and to take back his answer to th

In the civil law. An officer who took charge of the royal seal and signed royal dispatches,

A civil law term signifying an inventory or enumeration of things In one’s possession. Calvin.

In medical jurisprudence. Tho failure of consciousness and suspension of yoluntary motion from suspension of the functions of the cerebrum.

In Englishlaw. The total Tenunciation of Christianity, by embracing either a false religion or no religion at all, This offense can only take place in such as have ones professed t

In civil and old English law, Anapostate; a deserter from the faith; one who has renounced the Christian faith, Uod. 1, 7; Reg. Orig. 716.

An obsoleta English writ which issued against an apostate, or one who had violated the rules of his religious order. It was addressed to the sieriff, and commanded him to deliver t

A term used in logic to denote an argument founded on experiment or observation, or one which, taking ascertained facts as an effect, proceeds by syuthesis and induction to demonst

Appostille. L. Fr. An addition; a marginal note or observation. Kelham.

In English admiralty practice. A term borrowed from the civil law, denoting brief dismissory letters granted toa party who appeals from an inferior to a superior court, embodying a

A messenger; an ambas. sador, legate, or nuncio, Spelman,

In the civil law. A re. pository; a place of deposit, aa of wine, oil, books, ele. Calvin.

Any person who keeps a shop or building where medicines are couipounded or prepared according io prescriptions of physicians, or where medicines are sold. Act Cong, July 13, 1866,

A furnisher or provider. Formerly the sheriff, in England, had charge of certain county affairs and disbursements, in which capacity he was called “apparator comitatus,” and receiv

That which is obvious, evident, or manifest; what appears, or hag been made manifest. In respect to facts involved in an appeal or writ of error, that which is stated in the record

as used with reference to the doctrine of self-defense in homicide, means such overt actual demonstration, by conduct and acts, of a design to take life or do some great personal i

ina thing sold, are those which can be discovered by simple inspection, Code La, art. 2497.

Apparent or continuous easements are those depending upon some artificial structure upon, or natural formation of, the servient tenement, obyious and permanent, which constitutes t

In English law. One whose right of inheritance is indefeasible, provided he outlive the ancestor. 2 Bl. Comm, 208. In Scotch law. He is the person to whom the succession has actual

The apparent maturity of a negotiable instrument payable at a particular time is the day on which, by its terms, it becomes due, or, when that is a holiday, the next business day.

Inold practice. Appearance; anappearance. Apparitio in judicio, un appearance in court. Bract. fol. 344. Post apparitionem, afterappearance. Fleta, lib. 6, ¢. 10, § 25.

An officer or messenger employed to serve the process of the spiritual courts in England and summon offenders, Cowell. In the civil law. An officer who waited upon a magistrate or

In old English law. Resemblance; likelihood; as apparlement of war. St. 2 Rich. 11. st. 1, ec. 6; Cowell.

In old English law the apparura were furniture, implements, tackle, or apparel. Caruearum apparura, plowtackle. Cowell.

The court of last resort in the state of Mississippi.

The bond given on taking an appeal, by which the appellant binds himself to pay damages and costs if he fails to prosecute the appeal with effect.

The day for appearing; that om which the parties are bound to come into court.

In Scotch law. An apparent heir. See ArrARENT Heir.

The party who takes an appeal from one court or jurisdiction to another.

Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications.

A court haying jurisdiction of appeal and review; a court to which causes are removable by appeal, certioravi, or error,

Jurisdiction on appeal; jurisdiction te revise or correct the proceedings in «cause already in- Btituted and acted upon by an inferior court, or by a tribunal having the attributes

Lat. An appeal.

An old law term havthe judge ad guem, or to whom an appeal was taken. Calvin.

The party in a8 cause against whom an appeal is taken; also called the “respondent.”

Lat. In the civil law. I appeal, The form of making an appeal apud acta. Dig. 49, 1, 2.

In old English law. A criminal who accuses his accomplices, or who challenges a jury.

Something added aa an accessory to or the subordinate part of another D thing. 28 N. J. Law, 26; 30 N. W. Rep. (Towa, ) 633,

The appendages or appurtenances of an estate or house. Cowell.

A printed volume, used on an appeal to the English house of lerds or privy council, containing the documents and other evidence presented in the inferior court and referred ta in t

Payment of money by weight instead of by count. Cowell.

Belonging to; &pe purtenant. See ACPURTENANT.

When a constitution or court declares that the common law is in force in a particular state so far as it is applicable, it is meant that it must be applicable to the habits and con

Lat. In old English law. To fasten to; to moor (a vessel.) Anciently rendered, “to apply.” Hale, de Jure Mar. Applicatio est vita regule. Application is the life of arule. 2 Bulst.

A putting to, placing before, preferring a request or petition to or before a person. The act of making a request for something. A written request to have a certain quantity of lan

Appropriation of a payment to some particular debt; or the determination to which of seyeral demands 4 general payment made by a debtor to his creditor shall be applied.

1. To make a formal request or petition, usually in writing, toa court, officer, board, or company, for the granting of some favor, or of some rule ov order, which is within his or

A person whois appoint ed or selected fora particular purpose; as the appointee under a power is the person who is to receive the benefit of the power.

In chancery practice. The exercise of a right to designate the person or persons who are to take the use of real estate. 2 Washb. Real Prop. 302. The act of a person in directing t

The person who appoints, or executes a power of appointment; as appointee is the person to whom or in whose favor an appointment is made. 1 Steph. Comm. 506, 507; 4 Kent, Comm. 316

The charging them with money received upon their APPRENTICE. A person, usually a account in the exchequer.’ St. 22 & 23 Car. i} minor, bound in due form of Jaw to a master, I1.; Co

or APOSTILLE. In wards applied to counselors, apprentic? ad French law, an addition or annotation made barras, from which comes the more modern

<A contract by which one person, usually a minor, called the “apprentice,” is bound to another person, ealled the “muster,” to serve him during a prescribed term of years in his ar

An apprentice tothe law; a law student; a counselor below the degree of serjeant; a barrister. See APPRENTICE EN LA LEY.

Ininternational law. The tight of a ship of war, upon the high sea, to visit another vessel for the purpose of ascertaining the nationality of the latter. 1 Kent, Comm. 158, note.

In Scotch law. To approve and reject; to take advantage of one part, and reject the rest. Bell. Equity suffers no person to approbate and reprobate the same deed. 1 Kames, Eq. 317;

1. To make a thing one’s own; to make a thing the subject of property; toexercise dominion over an object to the extent, and for the purpose, of making it subserve one’s own proper