Black's Law Dictionary

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

In old English law. Year, day, and waste. See Year , Day, and Waste.

A year is the duration of the motion by which a planet revolves through its orbit. Dig. 40, 7, 4, 5; Calvin.; Bract. 359b.

A year and a day.

A year begun is held as completed. Tray. Lat. Max. 45.

The year of mourning. It was a rule among the Romans, and also the Danes and Saxons, that widows should not marry infra annum luctds, (within the year of mourning.) Code 5, 9, 2; 1

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

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

Irregular; exceptional; unusual; not conforming to rule, method or type. —Anomalous indorser. A stranger to a note, who indorses it after its execution and delivery but before matu

A stranger to a note, who indorses it after its execution and delivery but before maturity, and before it has been indorsed by the payee. Buck v. Hutchins, 45 Minn. 270, 47 N. W. 8

One which is partly affirmative and partly negative. Baldwin v. Elizabeth, 42 N. J. Eq. 11, 6 Atl. 275; Potts v. Potts (N. J. Ch.) 42 Atl. lO55

Abbreviations for anonymous.

From the impossibility of a thing to its non-existence, the inference' follows necessarily in the negative. That which cannot be done is not done. Hob. 336b. Otherwise, in the affi

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

Annoyance; nuisance. Coweli; Kelhain.

In old English law. An ancient mode of weighing by hanging scales or hooks at either end of a beam or staff, which, being lifted with one's finger or hand by the middle, showed the

In medical Jurisprudence. (1) Loss of sensation or insensibility to pain, general or local, induced by the administration or application of certain drugs such as ether, nitrous oxi

In pleading. Any pleading setting up matters of fact by way of defense. In chancery pleading, the term denotes a defense in writing, made by a defendant to the allegations containe

In the Roman law. 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 præ (before) was of place, and coram (before) of person. Townsh. PI. 22. Occurring In a report or a text-bo

Lat. Formerly; heretofore.

An ancestor, (q. v.)

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

Done before. A Roman law term for a previous act, or thing done before.

In Saxon law. A preliminary or preparatory oath, (called also "prœjuramentum," and "juramentum calumnies") which both the accuser and accused were required to make before any trial

Before suit brought; before controversy instituted.

Born before. A person born before another person or before a particular event. The term is particularly applied to one boro in a country before a revolution, change of government o

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

In right of another, e. pr., a trustee holds trust property in right of his cestui que trust. A prochein amy sues in right of an infant. 2 BL Comm. 176.

In criminal law and medical jurisprudence. The measurement of the human body; a system of measuring the dimensions of the human body, both absolutely and in their proportion to eac

In the civil law. A species of mortgage or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu o

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 dne.

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 rcasons why the war is defensive on its part.

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

A term used in logic and law to denote a real or apparent inconsistency 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 "Vetera Statuta." English statutes from the time of Richard I. to Edward III. 1 Reeve, Eng. Law, 227.

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

Another action pending.

The right of another.

Another's life. A person holding an estate for or during the life of another is called a tenant "pur autre vie," or "pur terme d'autre me." Litt. § 56; 2 Bl. Comm. 120.

In early feudal law. A confidentlal vassal. A term applied to the followers or dependents of the ancient German chiefs, and of the kings and counis of the Franks. Burrill.

L. Fr. The Year Books. Kelham.

'Lt. Lat. From palatium, (a palace.) Counties palatine are hence so called. 1 Bl. Comm. 117. See Palatium.

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 allowance assigned to a prince of the

A part of a house occupied by a person, while the rest ls occupied by another or others. As to the meaning of this term, see 7 Man. & G. 95; 6 Mod. 214; McMillan v. Solomon, 42 Ala

An agreement or compact. Du Cange.

Open, unsealed writs.

An overt act.

In the civil law. A form of proving a will, by the witnesses acknowledging before a maglstrate their having scaled it

The summit or highest point of anything; the top; e. g., in mining law, "apex of a vein." See Larkin v. Upton, 144 U. S. 19, 12 Sup. Ct. 614, 36 I Ed. 330; Stevens v. Williams, 23

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.

In mining law. The mineral laws of the United States give to the locator of a mining claim on the public domain the whole of every vein the apex of which lies within his surface ex

An apprentice to the law; a law student; a counsellor below the degree of serjeant; a barrister. See Apprentice en la Lei.

In medical jurisprudence. Loss of the faculty or power of articulate speech; a condition in which the patient, while retaining intelligence and understanding and with the organs of

In medical jurisprudence. Loss of the power of articulate speech in consequence of morbid conditions of some of the vocal organs. It may be incomplete, in which case the patient ca

Extremities or mere subtleties of law, are not rules of law, [are not law.] Co. Litt 3046; 10 Coke, 126; Wing. Max. 19, max. 14; Broom, Max. 188.

Extremely fine points or subtleties of litigation. Ncarly equivalent to the modern phrase "sharp practice." "It is unconscionable in a defendant to take advantage of the apices lit

Persons taken by pirates or robbers remain free. Dig. 49, 15, 19, 2; Gro. de J. B. lib. 3, c. 3, § 1.

Things taken or captured by pirates and robbers do not change their ownership. Bynk. bk. 1, c. 17; 1 Kent, Comm. 108, 184. No right to the spoil vests in the piratical captors; no

In medical Jurisprudence. Want of breath; difficulty in breathing; partial or temporary suspension of respiration; specifically, such difficulty of respiration resulting from over-

Lat In the civil law. A writing acknowledging payments; acquittance. It differs from acceptilation in this: that acceptilation imports a complete discharge of the former obligation

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

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

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

In medical jurisprudence. The failure of consciousness and suspension of voluntary motion from suspension of the functions of the cerebrum.

In English law. The total renunciation of Christianity, by embracing either a false religion or no religion at all. This offense can only take place in such as have once professed

In civil and old English law. An apostate; a deserter from the faith; one who has renounced the Christian faith. Cod. 1, 7; Reg. Orig. 71b. —Apostata capiendo. An obsolete English

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

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

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 to a party who appeals from an inferior to a superior court, embodying

In the civil law. Certificates of the inferior judge from whom a cause is removed, directed to the superior. Dig. 49, 6. See Apostles.

A messenger; an ambassador, legate or nuncio. Spelman.

In the civil law. A repository; a place of deposit, as of wine, oil, books, etc. Calvin. '

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

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 recoiv

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

those which can be discovered by simple inspection. Co.de La. art 2407. — Apparent easement . See Easement. — Apparent heir . In English law. One whose right of inheritance is inde

See Easement.

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.

In old practice. Appearance; an appearance. Apparitio in judicio, an appearance in court. Bract, fol. 344. Post apparitionem, after appearance. Fleta, lib. 6, a 10, § 25.

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

In old English law. Resemblance; likelihood; as appartement of war. St. 2 Rich. II. st 1, c. 6; Cowell.

In old English law the apparura were furniture, implements, tackle or apparel. Carucarum apparura, plow-tackle. Cowell.

In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court abave is called upon to correc

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. Omaha Hotel Co., v. Kountze, 107

In a sense not strictly technical, this word may be used bo signify the exercise by a party of the right to remove a litigation from one forum to another; as where he removes a sui

In practice. To ba properly before a court; as a fact or matter of which it can take notion. To be in evidence; to be proved. "Making it appear and proving are the same thing." Fre

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court.

This term and "appearance by counsel" are distinctly different, the former being the substitution of a legal agent for the personal attendance of the suitor, the latter the attenda

The day for appearing; that on which the parties are bound to come into court. Cru-ger v. McCracken (Tex. Civ. App.) 26 S. W. 282.

A docket kept by the clerk of the court, in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.

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

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