A Dictionary of Law

The pos- Session or exercise of an easement, under a claim of right against the owner of the land out of which such easement is derived. 2 Washb. Real Prop. 42.

The possession and enjoyment of real property, or of any estate lying in grant, continued for a certain length of time, held adversely and in denial and opposition to the title of

An adverse user is such a use of the property as the owner himself would make, asking no permission, and disregarding all other claims to it, so far as they conflict with this use.

Wherea party, appealing from an allowance of damages by commissioners, recovers a verdict in his favor, but for a less amount of damages than had been originally allowed, such verd

A _ witness whose mind discloses a bias hostile to the party examining him; not a witness whose evidence, being honestly given, is adverse to the case of the examinant, Brown.

In the civil law. Against, {contra.} Adversus lonos mores, against good morals. Dig. 47, 10, 15.

Notice given in amanner designed to attract public attention; information communicated to the public, or to an individual concerned, by means of handbills or the newspaper. A sign-

View; opinion; the counsel given by lawyers to their clients; an opinion expressed as to wisdom of future conduct. The instruction usually given by one merchant or banker to anothe

ADVISARI. To consult, deliberate, consider, advise; to be advised. Occurring in the phrase curia advisari vult, {usually abbreviated cur. adv. vult, or C. A. V.,) the court wishes

To give an opinion or counsel, or recommend a plan er course of action; also to give notice. This term is not synonymous with “direct” or “instruct.” Where a statute authorizes the

Prepared to give judgment, after examination and deliberation. “The court took time to be advised.” 1 Leon. 187.

Deliberation, consideration, consultation; the consultation of a court, after the argument of a cause by counsel, and before delivering their opinion.

Counselling, suggesting, or advising, but not imperative. A verdict on an issue out of chancery is advisory. 101 U.S. 252.

For life. Bract. fol. 186.

Lat. To defend; to call to one’s aid; to vouch; to warrant.

In old English law. A patroness; a woman who had the right of presenting toachurch. Spelman.

One who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted

LORD. The _ principal crown lawyer in Scotland, and one of the great officers of state of Scotland. It is his duty to act as public prosecutor; but private individuals injured may

QUEEN’S. A member of the College of Advocates, appuinted by letters patent, whose office is to advise and act as counsel for the crown in questions of civil, canon, and internation

The adviser of the crown in England on questions of nayal and military law.

In Roman law. Patrons; pleaders; speakers. Anciently, any one who lent his aid toa friend, and wha was supposed to be able in any way to influence a judge, was called advocatus.

A term used in the ecclesiastical law to denote the patrons of churches who presented to the living on an avoidance. This term was also applied to those who were retained to argue

In Scotch law. A the manor only. without adding any other process by which an action may be carried words. 2 Bl. Comm. 22; Co. Litt. 120, 121; from an inferior to a superior court

A happens himself to be the patron, in which writ which lay for tithes, demanding the case (presentation being impossible, or unfourth part or upwards, that belonged to any necessa

In old practice. One acts of presentation and institution. 2 Bl. who called on or vouched another to warrant Comm. 22, 28; 1 Crabb, Real Prop. p. 13], a title; a voucher. Advocatus

The sov- try everything upon the surface of the soil ereign, or highest patron. passed under the term “@des." Du Cange;

In English ecclesiastical Calvin. law. The right of presentation to a church JADIFICARE. Lat. In civil and old or ecclesiastical benefice; the right of pre- English law. To make or

To fallow. Bract. fol. 228. See WaARAcTUM.

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. by buy

A person's concerns in trade or property; business.

This word is often used in the sense of acting injuriously upon persons and things. 93 U. 8. 84. Affectio tua nomen imponit operi tuo. Your disposition (or intention) gives name

The making over, pawning, or mortgaging a thing to assure the payment of asum of money, or the discharge of soine other duty or service. Crabb, Technol, Dict.

Disposition; intention, impulse or affection of the mind. One of the causes for a challenge of a juror is propter affectum, on account of a suspicion of bias or favor. 3B]. Comm. 3

To assess, liquidate, appraise, fix in amount. To affeer an amercement. To establish the amount which one amerced in a court-leet should pay. To affeer an account. To confirm it on

Persons who, in courtleets, upon oath, settle and moderate the fines and amercements imposed on those who have committed offenses arbitrarily punishable, or that have no express pe

Fr. To let to farm. Also to make sure, to establish or confirm. Kelham.

A plighting of troth be tween man and woman. Litt. § 39. An agreement by which a man and woman promise each other that they will marry together. Poth. Traité du Mar. nm. 24,

The person who makes and subscribes an affidavit. The word is used, in this sense, interchangeably with “deponent.” But the latter term should be reserved as the designation of oue

To swear faith to; to pledge one’s faith or do fealty by making oath. Cowell.

To be mustered and enmn rolled for soldiers upon an oath of fidelity.

Aswearing of the oath of fidelity or of fealty to one’s lord, under whose protection the quasi-vassal haa voluntarily come. Brown.

A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority

An afidavit stating that the defendant has a good defense to the plaintiff's action on the merits of the cxse. Also called an affidavit of mer- «ts '

An affidavit made to procure the arrest of the defendant in a civil action.

Lat. To file or affile. Affiletur, let it be filed. 8 Coke, 160. De recordo affilatum, affiled of record. 2 Ld. Raym. 1476. A term employed in old practice, signifying to put on fi

The fixing any one with the paternity of a bastard child, and the obligation to maintain it. In French law. A species of adoption Which exists by custom in some paris of Frauce. Th

In the civil law. Connections by marriage, whether of the persons or their relatives. Calvin. Neighbors, who own or occupy adjoining lands. Dig. 10, 1, 12. Affinis mei affinis non

In the civil law. Affinity; relationship by marriage. Inst. 1, 10, 6.

Remote relationship by marriage. That connection between parties arising from marriage which is neither consanguinity nor aflinity.

Relationship by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. 1 Bl. Comm. 434. Affinity is distingu

In praetice. Theconfirming, or ratifying a former law, or judgment. Cowell; Blount. The confirmation and ratification by an appellate court of a judgment, order, or decree of a tow

In the Engtish court:of exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for th

A person who testifies on affirmation, or who affirms instead of taking an oath. See Affirmation. Used in affidavits and depositions which are affirmed. Affirmanti, non neganti inc

In practice. A solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, ete., this being substituted for an oath in certain ca

That which declares positively; that which avers a factto be true; that which establishes; the opposite of negative. The party who, upon the allegations of pleadings joining issue,

In pleading. An altirmative allegation implying some negative in favor of the adverse: party.

In legislation. A statute couched in atlirmative or mandatory terms; one which directs the doing of an act, or declares what shall be done; as a negative statute is one which prohi

In the law of insurance, warranties may be either affirmative or promissory. Aflirmative warranties may be either express or implied, but they usually consist of positive represent

In the civil law. Affixed, fixed, or fastened to.

To seta price or value on athing. Blount.

To add to; to Increase; to strengthen; to add force to.

In old English practice. A method of securing a verdict, where the jury disagreed, by adding other jurors to the panel until twelve could be found who were unanimous in their opinj

In old English law. A fortress or stronghold, or other fortification, Cowell. The calling of a court upon a solemn or extraordinary occasion. Id.

To convert land into a forest in the legal sense of the word.

In French law. The right of the inhabitants of a commune or section of a commune to take from the forest the fire-wood which is necessary for their use, Duverger.

Fr. To set free. Kelhain.

To liberate; to make free.

Incriminallaw. The fighting of two or more persons in some public place to the terror of the people. Ii differs from a riot in not being premeditated; for if any persons meet toget

A contract of affreightment is a contract with a ship-owner to hire his ship, or part of it, for the carriage of goods. Such a contract generally takes the form either of a charter

Fr. In French law, The hiring of a vessel; affreightment. Called also nolissement. Ord. Mar. liv. 1, tit. 2, art. 2; Id. liv. 3, tit. 1, art. 1.

In old English law. Plow cattle, bullocks or plow horses. Affri, or afri carucae; beasts of the plow. Spelman.

Before, or already said, mentioned, or recited; premised. Plowd.67. Foresaid is used in Scotch law. Although the words “preceding” and “aforesaid” generally mean next before, and “

In criminal law. Deliberate; planned; premeditated; prepensse.

Ml Ing commercial paper, and equivalent to “without recourse.”

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

Arefining of metals. Blount.

Acquired aftera particular date or event. ‘Thus, a judgment isa lien on after-acquired realty, 7. e., land acquired by the debtor after entry of the judgment.

Discovered or made known after a particular date or event.

A second crop of grass mown in the same seuson; also the right to take such second crop. See 1 Chit. Gen, Pr. 181.

This word has two senses. It may mean the whole time from noon to midnight; orit may mean the earlier part of that time, as dislinguished from the evening. When used ina statute, i

A technical plrase used in alleging a breach of the peace. See Conrra Paorm.

Technical words which must be used in framing an indictment for robbery from the person. 1 Chit. Crim. Law, 244.

An impression or image of anything onaseal, Cowell.

Fr. Anaward. Nul fait agard; no award made.

Fr. To award, adjudge, or determine; to sentence, or condemn.

Awe, Aive. L. Fr. Water. Kelham,

The contract of agency may be defined to be a contract by which one of the contracting parties confides the management of some affair, to be transacted on his account, to the other

DEED OF. Arevocable and voluntary trustfor payment of debts. Wharton.

In Saxon law. A guest atan inn, who, having stayed there for th nights, was then accounted one of the family. Cowell.

Lat. An agent, a conductor, or manager of affairs. Distinguished from Jactor,a workman. A plaintiff. Fleta, lib. 4, ec. 15, § 8.

One who undertakes to trans act some business, or to manage some affair, for another, by the authority and on account of the latter, and to render an account of it. 1 Liverm. Prin.

A phrase Indicating the state of a person who is required to do a thing, and is at the same time tle person to whom it is done, Agentes et consentientes pari poena plectentur. Acti

A suggestion of nonage, made by an infant party to a real action, with a prayer that the proceedings may be deferred until his full age, It is now abolished, St. 11 Geo. 1V.; 1 Wm.

Lat. In the civil law. A field; land generally. <A portion of land intlosed by definite boundaries. In old English law. An acre. Spelman,

Lat. In the civil law. Adam, bank or mound. Cod. 9, 38; Townsh. Pl. 48.

An assiult with circumstances of aggravation, or of a heinous character, or with intent to commit another crime. See Assavu Lr. Defined in Pennsylvania as follows: “If any person s

Any circumstance attending the commission of a crime or tort which increases its guilf or enormity or adds to its injurious consequences, but which is above and beyond the essentia

Composed of several;

The meeting of minds. The moment when a contract is complete. A supposed derivation of the word “agreement.”

The party who first offers violence or offense. He who begins a quarrel or dispute, either by threatening or striking another,