A Law Dictionary, Adapted to the Constitution and Laws of the United States

tn contracts, 1. The taking of other men’s cattle on one’s own ground at a certain rate. 2 Inst. 643.—2. The profit from such feeding or pasturage.

contracts, is the taking of other person’s cattle into one’s own ground to be fed for a consideration to be paid by the owner. The person who receives the cattle is called an agist

in descents. The relation by blood which exists between such males as are descended from the same father; in distinction from cognation or consanguinity, which includes the descend

practice. This word is prefixed to the name of a second writ of the same kind issued in the same cause; as, when a summons has been issued and it is returned by the sheriff, nihil,

in evidence, is that proof which a party who is accused of having committed a crime or other offence or done any act at a particular place, produces to show that when the crime or

in contracts, is the act whereby an estate is voluntarily resigned by one person, and accepted by another. Co. Litt. 118 b; Cruise Real Prop. tit. 832,c. 1,8.1.

in the English law, is an office to which all writs of covenants and entries are carried for the recovery of fines levied thereon.

In the French law, this word signifies the food, and other things necessary to the support of life, as a dwelling, clothing and the like. The same name is given to the money allowe

is the maintenance or support which a husband is bound to give to his wife upon a separation from her; or the support which either father or mother is bound to give to his or her c

tn the English ecclestastical law; according to the practice of the prerogative court, the facts intended to be relied on in support of any contested suit are set forth in the plea

in the civil law, is the citation or reference toa voucher to support a proposition. Dict. de Jurisp.; Encyclopédie, mot, Allegation; 1 Brown’s Civ. Law, A473, A.

is the tie or ligament which binds the citizen to the government, in return for the protection which the government affords him. It is natural, acquired, or local. Natural allegian

practice, is the allowance of a writ; e. g. when. a writ of habeas corpus is prayed for, the judge directs it to be done, by writing the word allowed, and signing his name, this is

Distribution by lot; partition; Merl. Rép. h. t. ALLOWANCE TO A _ PRI-

is an inferior « ~ametal used with gold and silver in making coin or public money. The act of congress of 2d of April, 1792, sect. 12, directs that the standard for all gald coins

belonging to a deluge or alluvion; as alluvial sotl, i. e. soil that has been brought to other lands by means of floods.

international law, is a power which has entered into an alliance with another power. A citizen or subject of one of the powers in alliance is sometimes called an ally; for example,

A table or calendar, in which are set down the revolutions of the seasons, the rising and setting of the sun, the phases of the moon, the most remarkable conjunctions, positions an

Vide Election; Obligatton, alternative.

high and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute, alto et basso, to arbitration.

It is intended by this Latin word to designate one who plays on both sides; in a legal sense it is taken for a juror or embraceor who takes money from Si ies for giving his verdict

Responsible; subject to answer in a court of justice; liable to punishment.

in the old English law. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offence, or for the purpose of making reparation for any injury done t

practice, is the correction by the court of an error committed in the progress of a cause. on the subject, are in all cases in the discretion of the court, for the furtherance of j

in practice. Formerly if the sheriff failed in obeying the writs, rules, or orders of the court, he might be amerced; but this practice has been superseded by attachment.

or AMERC.imposed by some lord or count, in distinction from a fine, which is expressed according to the statute. Kitch. 78.—Amerciament royal, when the amerciament is made by the s

a friend of the court, in practice. One who as a stander by, when a judge is doubtful or mistaken in a matter of law, may inform the court. 2 Inst. 178; 2 Vin. Abr. 475; and any on

contracts,in the English law. An alienation of lands or tenements in mortmain, 2 stat. Ed. 1.

tort. An amotion of possession from an estate is an ouster which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined. 3 Bl. Com

civil law. A deferring of judgment until the cause is further examined. In this case the judges pronounced the word amplius, or by writing the letters N. L. for non liquet, signify

construction, is the similitude of relations which exist between things compared; it is the induction made from a known fact. To reason analogically is to draw conclusions based on

in the ctril law, is usury which consists in taking interest on interest, or receiving compound interest. This is forbidden. Code, lib. 4, t. 32, 1. 30. Courts of equity have consi

What relates to or has been done by one’s ancestors, ashomage ancestrel, and the like.

mer. law. A toll paid for every anchor cast from a ship into a river, and sometimes a toll bearing this name is paid although there be no anchor cast. This toll is said to be incid

Engl. law, are those lands which either were reserved to the crown at the original distribution of landed pro- -perty, or such as came to it afterwards, by forfeiture or other mean

in the English law. A term for gentlemen in the Inns of Courts who are of a certain standing. In the middle temple all who have passed their readings are termed ancients. In Gray’s

tn the English law, aterm for eldership or seniority used in the statute of Ireland, 14 Hen. 8.

In some of our law books signifies void, of no force. F. N. B. 214.

property. <A name given to every animated being provided with digestive organs. In law it signifies al] animals except those of the human species. Animals have the power of locomot

crim. law, with an intention to steal. In order to constitute larceny, (q. v.) the thief must take the property animo furandt, but this is expressed in the definition of larceny by

with an intention of returning. A man retains his domicil, if he leaves it animo revertendi, 3 Rawle R. 312; 1 Ashm. R. 126; Fost. 97; 4 BL Com. 225; 2 Russ. on Cr. 18; Pop. 42, 52

or more properly, An. This is a French word used by some of our old law writers. It signifies year. Vide Com. Dig. h. t.

eccl. law. First fruits paid out of spiritual benefices to the pope, being the value of one year’s profit.

property, is the union of one thing to another. In the law relating to fixtures, (q. v.) _ annexation is actual or constructive. By actual annexation is understood every mode by wh

from the French aneanttr; abrogated or made null. Litt. sect. 741.

the age a girl becomes by law fit for marriage, which is twelve.

in the year of our Lord, abbreviated A. D. the computation of time from the incarnation of our Saviour, which is used as the date of all public deeds in the United States and Chris

Annual rent, in the Scotch law, a yearly profit due to a creditor by way of interest for a given sum of money. tu by of annual rent, the original right of burdening land with a yea

Without name. This word is applied to such books, letters, or papers which are published without the author’s name. No man is bound to publish his name in connexion with a book or

pleading in equity, is a defence in writing made by a de- rr fendant, to the charges contained in a bill or information, filed in a court of equity by the plaintiff against him. As

To put a date to an instrument of a tine before the time it was written. Vide Date.

Born before. This term is applied to those who were born or resided within the United States before or at the time of the declaration of independence. These had all the rights of c

_ obsolete.— When a man was accused of an offence, and he endeavoured to discharge himself of the fact by recriminating and charging the accuser with the same fact, he was called a

zn contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or. other revenues of the immoveables given to him in

A term used in the civil law to signify the real or laws or two decisions. Merl. Répert. h. t.

old Englishlaw. ‘The name given toa man who endeavours to discharge himself of the crime of which he is accused by retorting the charge on the accuser. He differs from an approver

Resemblance. It is said to be derived from pareillement, French, in like manner. Cunn. Dict. h. t.

Eng. crim. law. Is the accusation, in a legal form, of a person for a crime by him committed; or, it is the lawful declaration of another man’s crime, before a competent judge, by

practice, is the act by which a party submits to the decision of a superior court, a cause which has been tried in an inferior tribunal. The appeal generally annuls the judoment of

practice, he who makes an appeal from one jurisdiction to another.

practice. The party in a cause on which an appeal has been made, who is not the appelant.

is an inheritance belonging to another inheritance. Land cannot be appendant to land; Co. Litt. 121; 4 Co. 86; an incorporeal hereditament may be appendant to land, as a right of w

from appendo, to hang at or on; the appendages or pertinencies of an estate; the appurtenances toa dwelling, &c.; thus penthouses are the appenditia domus, & C.

government, wills. The act by which a person is selected and invested with an office; as the appointment of a judge, of which the making out of his commission is conclusive evidenc

tn the English law. The charging them with money received upon account of the Exchequer, 22 Car. 2.

in the English law. An officer of the Court of Exchequer, called the foreign apposer.

French law. In general this means an. addition or annotation made in the margin of an act, [contract in writing,] or of some writing. Merlin, Répertoire. APPRAISEMENT is a_ just va

practice.— The capture or arrest of a person.

person, contracts, is a minor who is bound in due form of law to a master, and who is to learn from him his art, trade or business, and to serve him during the time of his apprenti

contracts, is a contract entered into between a person who understands some art, trade or business, and called the Master, and another person during his or her minority, who is cal

contracts, is the application of the payment of a sum of money, made by a debtor to his creditor, to one of several debts which are due by the former to the latter. The debtor has

inthe Englis law. 1. The enclosing the common land within the lord’s waste, so as to leave egress and regress to the tenant who is a commoner. —2. The augmentation of the profits o

tn the English criminal law. One confessing himself guilty of felony, and approving others of the same crime to save himself. Cromp. Inst. 250; 3 Inst. 129. APPURTENANCES in common

French, to take, to sieze, in contracts, as profits a prendre. Ham. N. P. 184.

i. e. aque agium: 1. A water course;—2. A toll for water.

A private ex- to be one of the United States of traordinary judge chosen by the America, and admitted into the parties who have a matter in dispute, Union on an equal footing with

Ancient charters to the security of a free state, the or titles, which concern a nation, right of the people to keep and bear state or community, in their rights, arms shall not be

practice, is the whole body of jurors summoned to attend a court, as they are arrayed or arranged on the panel. Vide Challenges, and Dane’s Ab. Index, h. t.;' 1 Chit. Cr. Law, 536;

money remaining unpaid after it becomes due; as rent unpaid; interest remaining due; Pow. Mortgages, Index, h. t.; a sum of money remaining in the hands of an accountant. Merl. Rép

in the law of Seotland, is he in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he shall make paym

én the law of Scotland, is one who sues out and obtains an arrestment of his debtor’s goon or moveable obligations. Ersk. r. L. Scot., 3,6,1..

practice. An arrest is the apprehension of a person by virtue of a lawful authority, to answer the demand against him ina civil action. Arrests are made either on mesne or final pr

sn the Scotch law; by this term is sometimes meant the securing of a criminal’s person till trial, or that of a debtor till he give security judicio sisty, Ersk. Pr. L. Scot. 1, 2,

see Judgment, Arrest of., ARRESTANDIS bonis ne dessipentur, in the English law, a writ for him whoge cattle or goods, being taken during a controversy, are likely to be wasted and

arrectatus, i. e. ad rectum vocatus; convened before @ judge and charged with a crime. -—Ad rectum malefectorem, is, according to Bracton, to have a malefactor forthcoming to be pu

civil law, signifies nearly the same as adoption; the only ditference between them is this, that adoption was of a person under full age, but as arrogation required the person arro

Burning in the hand. This punishment was inflicted on those who received the benefit of clergy. Terms de la Le y:

criminal law, is at common law an offence of the degree of felony; and is defined by Lord Coke to be the malicious and voluntary burning the house of another, by night or day; 3 In

The trial of money by fire after it was coined. This word is obsolete.

The power of doing something not taught by nature or instinct; Johnson. The arts are divided into mechanical and liberal arts. The mechanical arts are those which require more bodi

in_ the Scotch law,.is where one is accessary to acrime committed by another; 8 person may be guilty, art and part, either by giving advice or counsel to commit the crime; or, 2, b

ecel. law, a complaint in the form of a libel, exhibited to an ecclesiastical court.

The name commonly given to a code made for the government of the army. The act of April 10, 1806, 2 Story’s Laws U. 8. 992, contains the rules and articles by which the _ armies of

Persons whose employment or business consists chiefly of bodily labour. Those who are masters of their arts. Cunn. Dict. h. t. Vide Art. AS. The name of a kind of money among the R

are those from whom a person is descended or from whom he derives his birth, however remote they may be. Every one has two ascendants at the first degree, his father and mother; fo

crim. law. An assassin is one who attacks another either traitorously, or with the advantage of arms or place, or of a number of persons who support him, and kills him. This being

crim. law, is a murder committed by an assassin.

<A chemical examination of metals by which the quantity of valuable or precious metal contained in any mineral or metallic mixture is ascertained. By the acts of congress of March

is a reunion of a number of persons in the same place. There are several kinds of assemblies. Political, authorised by the constitution and laws; for example, the general assembly

unlatful, in criminal law, the meeting of three or more persons to do an unlawful act, although they may not carry their from a riot or rout (q. v.) because in each of the latter c