Black's Law Dictionary

The intention is punished although the intended result does not follow. 9 Coke, 55.

To assess, llquldate, 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 court-leets, upon oath, settle and moderate the fines and amercements imposed on those who have committed offenses arbitrarily punishable or that have no express pe

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

A plighting of troth between man and .woman. Litt. § 39. An agreement by which a man or woman promise each other that they will marry together. Poth. Trait6 du Mar. n. 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 one

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

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

A swearing of the oath of fidelity or of fealty to one's lord, under whose protection the quasi-vassal has voluntarily come. Brown.

An oath taken by the lords in parliament

One who is not a vassal, but who for the sake of protection has connected himself with one more powerful. Spelman; 2 Bl. Comm. 46.

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

An affidavit stating that the defendant has a good defense to the plaintiff's action on the merits of the case.

One setting forth that the defendant has a meritorious defense (substantial and not technical) and stating the facts constituting the same. Palmer v. Rogers, 70 Iowa, 381, 30 N. W.

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

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

L. 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 file. 2 Maule & S. 202. In modern usage it is contracted to file.

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 parts of France. Th

A refining of metals. Blount.

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.

One who is related by marriage to a person related to me by marriage has no affinity to me. Shelf. Mar. & Div. 174.

Lat In the civil law. Affinity; relationship by marriage. Inst. 1, 10, 6. —Affinitas affinitatis. Remote relationship by marriage. That connection between parties arising from marr

Remote relationship by marriage. That connection between parties arising from marriage which is neither consanfiinity nor affinity. Chinn v. State, 47 Ohio t. 575, 26 N. E. 986, 11

At common law. 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; Solin

To ratify, make firm, confirm, establish, reassert. To ratify or confirm a former law or judgment. Cowell. In the practice of appellate courts, to affirm a judgment, decree, or ord

In practice. The confirming 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 lowe

In the English 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, instead of sworn to in place

The [burden of] proof lies upon him who affirms, not upon one who denies. Steph. Pi. 84.

He who affirms must prove. Porter v. Stevens, 9 Cush. (Mass.) 535.

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

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

In admiralty law, affirmative damages are damages which a respondent in a libel for injuries to a vessel may recover, which may be in excess of any amount which the libellant would

In code pleading. New matter constituting a defense; new matter which, assuming the complaint to be true, constitutes a defense to it. Carter v. Eighth Ward 'Bank, 33 Misc. Rep. 12

One which sets up a single fact, not appearing in the bill, or sets np a number of circumstances all tending to establish a single fact, which fact, if existing, destroys the compl

In pleading. An affirmative allegation implying some negative in favor of the adverse party. Fields v. State, 134 Ind. 46, 32 N. E. 780.

Relief, benefit, or compensation which may be granted to the defendant in a judgment or decree in accordance with the facts established in his favor; such as may properly be given

See Affirmative.

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

To fix or fasten upon, to attach to, inscribe or impress upon, as a signature, a seal, a trade-mark. Pen. Code N. Y. § 367. To attach, add to, or fasten upon, permanently, as in th

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

To set a price or value on a thing. Blount

Appraised or valued, as things vendible in a market. Blount.

To add to; to increase; to strengthen; to add force to. —Afforce the assise. In old English practice. A method of securing a verdict, where the jury disagreed, by adding other juro

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 opihi

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.

L. Fr. To set free. Kelham.

To liberate; to make free.

In criminal law. The fighting of two or more persons in some public place to the terror of the people. Burton v. Com., 60 S. W. 526, 22 Ky. Law Rep. 1315; Thompson v. State, 70 Ala

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

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 L

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

In old commercial law. Blils of lading.

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 "f

In criminal law. Delibsrate; planned; premeditated; prepense. State v. Peo, 9 Houst (Del.) 488, 33 Atl. 257; Edwards v. State, 25 Ark. 444; People v. Ah Choy, 1 Idaho, 317; State v

In French law. A formula used in indorsing commercial paper, and equivalent to "without recourse."

By a stronger reason. A term used in logic to denote an argument to the effect that because one ascertained fact exists, therefore another, which is included in it or analogous to

An officer in the exchequer, clothed with the duty of examining the sheriffs in respect of their accounts. Usually called the "foreign apposer." Termes de la Ley.

Later, succeeding, subsequent to, inferior in point of time or of priority or preference. —After-acquired. Acquired after a particular date or event. Thus, a judgment is a lien on

Acquired after a particular date or event. Thus, a judgment is a lien on after-acquired renity, i. e., land acquired by the debtor after entry of the judgmentHughes v. Hughes, 152

A statute making a will void as to after-barn children means physical birth, and la not applicable to a child legitimated by the marriage of its parents. Appeal of McCulloch, 113 P

When time is to be computed "after" a certain date, it is meant that such date should be excluded in the computation. Bigelow v. Wilson. 1 Pick. (Mass) 485; Taylor v. Jacoby, 2 Pa.

Discovered or made known after a particular date or event.

A second crop of grass mown in the same season; 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; or it may mean the earlier part of that time, as distinguished from the evening. When used in a statute

This term as used in a bill payable so many days after sight, means after legal sight; that is, after legal presentment for acceptance. The mere fact of having seen the bill or kno

Adverse to; contrary; opposed to; without the consent of; in contact with. State v. Metzger, 26 Kan. 395; James v. Bank, 12 R. I. 460; Seabright v. Seabright, 28 W. Va. 465; State

When the act complained of is prohibited by a statute. these technical words must be used in an indictment under it. The Latin phrase is contra formam statuti. State v. Murphy, 15

A technical phrase used in alleging a breach of the peace. See Contra Pacem. State v. Tibbetts, 86 Me 189, 29 Atl. 979.

Technical words which must be used in framing an indictment for robbery from the person, rape and some other offenses. With-taker v. State, 50 Wis. 521, 7 N W. 431. 36 Am. St. Rep

An impression or image of anything on a seal. Cowell.

L. Fr. An award. Nul fait agard; no award made.

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

Signifies those periods in the lives of persons of both sexes which enable them to do certain acts which, before they had arrived at those periods, they were prohibited from doing.

L. Fr. Water. Kel-ham.

A relation, created either by express or implied contract or by law, whereby one party (called the principal or constituent) delegates the transaction of some lawful business or th

A revocable and voluntary trust for payment of debts. Wharton.

A term sometimes applied to the kind of implied agency which enables a wife to procure what is reasonably necessary for her maintenance and support on her husband's credit and at h

In medical jurisprudence. Impotentia generandi; sexual impotence; incapacity for reproduction, existing in either sex, and whether arising from structural or other causes.

Sax. The true master or owner of a thing. Speiman.

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

Lat. An agent, a cenductor or manager of affairs. Distinguished from factor, a workman. A plaintiff. Fleta, llb. 4, c. 15, § a

One who represents and acts for another under the contract or relation of agency, q. v. Classification. Agents are either general or special. A general agent is one employed in his

A phrase indicating the state of a person who is required to do a thing, and is at the same time the person to whom it is done.

Acting and consenting parties are liable to the same punishment 5 Coke, 80.

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. IV.; 1 Wm.

Lat. In civil law. A field; land generally. A portion of land inclosed by definite baundaries. Municipality No. 2 v. Orleans Co.tton Press, 18 La. 167, 36 Am. Dec. 624. In old Engl

Lat In the civil law. A dam, bank or mound. Cod. 9, 38; Townsh. PI. 4&

An assault with circumstances of aggravation or of a heinous character or with intent to commit another crime. In re Burns (C. C-) 113 Fed. 992; Norton v. Sinte, 14 Tex. 393. See A

Any circumstance at-tendfug the commission of a crime or tort which increases its guilt or enormity or adds to its Injurious consequences, but which is above and beyond the essenti

Composed of several; consisting of many persons united together. 1 Bl. Comm. 469. —Aggregate corporation. See CORPORATION.

See CORPORATION.

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.

Having suffered loss or injury; damnified; Injured.

Under statutes granting the right of appeal to the party aggrieved by an order or judgment, the party aggrieved is one whose pecuniary interest ls directly affected by the adjudica