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

contructs, is an agreement to something that has, been done before. It is either express, where it is openly declared; or implied, where it is presumed by law. For instance, when a

in the civil law, were 80 called from the word adsi-. dere, which signifies to be seated: with the judge. They were lawyers who were appointed to assist by their advice the Roman m

in the Scotc law, the ceding or yielding a thing to another of which intimation must be made.

One to whom an assisnment has been made. Vide Assigns, and 1 Vern. 425; 1 Salk. 81; 7 East, 8387; 2 Bac. Ab. 70, 75; 3 Saund. 182, note 1; Arch. ‘ASSIGNMENT, contracts. In common p

contracts, means those to whom rights have been transmitted by particular title, such as sale, gift, legacy, transfer or cession. Vide Ham. Parties, 230; Lofft. 316.

Eng. law. A particular court where writs of assize and other causes were decided. Vide Dane’s Ab. Index, h. t.; Bract. lib. 3; Merl. Reépert. h. t.

comm. law. In- sheriff to arrest a particular person, surance, (q. V.) _ who has been guilty of a contempt

conveyancing.— of court, and to bring the offender The deed by which lands and tene- before the court. ‘Tidd’s Pr. Index, ments are conveyed. Vide Touchst. h. t.; Grah. Pr. 555. on

in the Scotch first instance, so that the property law, is an indemnification which a attached may respond to the exicriminal is bound to make to the gency of the writ, and satisfy

Al monester—117—to admonish—to shew. Eins ceur gue—p. we.—before that—after that. Quantum rene rife Naam—158—when one forbids the replevying a live Distress—twhen @ Man icads away

English law, 1. Attinctus, attainted, stained or blackened. 2. A writ which lies to inquire whether a jury of twelve men gave a false verdict. A verdict cannot be attainted by less

One who owes a duty or service to another, or in some sort depends uponhim. Termes de la Ley, h. t.. As to attendant terms, see Powell on Mortg. Index, tit. Attendant terms; Park o

officers, an officer in a court of justice, who is employed by a party in acause to manage the same for him, as his advocate. In some courts, as in the Supreme Court of the United

estates, was the agreement of the tenant to the or tenant for life, or years, to a grant of a reversion or of a remainder made to another, Co. Litt. 309; Touchs. 253; attornments a

commerce, contract, is a place, authorised by law, where property is publicly sold to the highest bidder. Auctions are generally held by express authority, and the persons who keep

contracts, commerce, is a person authorised by law to keep an auction, and sell the goods of others at public sale. He is the agcnt of both parties, the seller and the buyer, 2 Tau

An obsolete ‘writ by which a defendant, against whom a judgment had been recovered, and who had since discharged the same, might have been relieved from its operation. But now the

An officer whose duty it is to examine the accounts of oficers who have received and disbursed public moneys by lawful authority. See Acts of Congress, April 3, 1817, 3 Story’s Law

domestic relations, is the sister of one’s father or mother; she is a relation in the third degree. Vide 2 Com. Dig. 474; Dane’s Ab. c. 126, a. 3, § 4. ‘AUTER ACTION PENDENT, plead

Afforcement de la ley—222—a forcing, straining of the Law—erring from the Law. Ou acoient ree—3U—or had denied—or had sent. Eins ceo que—Ws—before that—inasmuch aa.

or more properly, Autre Droit, another’s right. A man may sue or be sued in another’s right; this is the case with executors and administrators.

civil law, contracts, evidence. The authentic act is that which has been executed before a notary or other public officer authorised to execute such functions, or which is testifie

practice, is an attestation made by a proper officer, by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed by la

civ. law. This is the name given to a collection of the Novels of Justinian, made by an anonymous author. It is called authentic on account of its authority. There is also. another

practice. By this word is understood the citations which are made of laws, acts of the legislature, and decided cases, and opinions of elementary writers. In its more confined sens

is a French word, signifying, formerly, at another time; and is usually applied to signify that something was done formerly, as autrefuis acquit, autrefvis convict, &c.

crim. law, pleading, is a plea made by a defendant indicted for a crime or misdemeanor, that he has formerly been tried and acquitted of the same offence. Sec a form of this plea i

crim. law, pleading, is a plea made by a defendant indicted tor a crime or misdemeanor, that he has formerly been tried and convicted of the same. As a man once tried and acquitted

Another’s life. Vide, Pur autre vie.

cattle. This word in its most enlarged signification is used to include horses of the plough, oxen and cattle. Cunn. Dict. h. t.

in pleading, comes from the Latin verificare, or the French averrer, and signifies a positive statement of facts in opposition to argument or inference. Cowp. 683, 684; Lord Coke s

from the bonds of marriage. A marriage may be dissolved a vinculo, in many states, as in Pennsylvania, on the ground of canonical disabilities before marriage, as that one of the p

comm. law. A French phrase which signifies "to have weight." This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy;

practice, pleading. One who makes an avowry.

eccl. law. An advocate of a church benefice.

crim. law. Seems to signify what is now understood by lying in wait, or way-laying.

estates. In England _ this term was formerly used in conveyances and even in pleadings, and is still adhered to with reference to ancient descriptions in deeds, in continuing the t

obsolete, from baggage and bagagier, a carrier of bundies; one who buys corn and victuals in one place and sells them in another. Stat. 5 & 6 Edw. 6; 3 Eliz. c.12.

practice, contracts. Bail is civil or criminal; these will be separately considered. 1. Civil bail is that which is entered in civil cases, and is common or special bail. Common ba

practice, is putting in bail to the action, which is an appearance. Bail above are bound either to satisfy the plaintiff, his debt and costs, or to surrender the defendant in custo

contracts, is one to whom goods are bailed. His duties are to act in good faith; he is bound to use extraordinary diligence in those contracts or bailments, where he alone receives

is the district over which a sheriff has jurisdiction; it signifies also the same as county, the sheriff's bailiwick extending over the county. In England, it signifies generally t

contracts. This word is derived from the French, bailler, todeliver. 2 Bl. Com. 451. Jones’s Bailm. 90. Story on Bailm. c.1,§2. It isa compendious expression to signify a contract

contracts, he who bails athingtoanother. The bailor must act with good faith towards the bailee. Story’s Bailm. § 75, 76, 77; permit him to enjoy the thing bailed according to cont

Scottish law. A poor insolvent debtor left bare.

Scottish law. Children’s part; a third part of the defunct’s free movables, debts deducted, if the wife survive, and a half if there be no relict. BALANCE is the amount which remai

comm. law, is the difference between the exports and importations between twocountries. The balance of trade is against that country which has imported more than it has exported, f

a bailiwick or jurisdiction.

English practice. A writ to remove a bailiff out of his office.

mar. law, a toll paid for the privilege of taking up ballast from the bottom of the port. This arises from the property in the soil. 2 Chit. Com. Law, 16.

this word was formerly used to signify a malefactor. Bract. 1.2, t. 8,c. 1.

crim. law. A punishment inflicted upon criminals, by compelling them to quit a city, place or country, for a specified period of time, or for life. tution, generally incorporated,

commerce, is a book which persons dealing with a bank keep, in which the officers of the bank enter the amount of money deposited by him, and of all notes or bills deposited by him

comm. law. A banker is one engaged in the business of receiving other persons’ money on deposit, to be returned on demand, discounting other persons’ notes, and issuing his own for

the state of a man unable to pursue his business and meet his engagements, in consequence of the derangement of his affairs. ‘The constitution of the United States, art. 1, s. 8, a

is the giving public notice or making proclamation of a matrimorial contract, and the intended celebration of the marriage of the parties in pursuance of such contract, to the end

in actions, is a perpetual destruction or temporary taking away of the action of the plaintitl: In ancient authors it is called exceptio peremptoria. Co. Litt. 303 b; Steph. Pl. Ap

practice, a place in a court where the counsellors and advocates stand to make their addresses to the court and jury; it is so called because formerly it was closed with a bar. Fig

contracts, is an obstacle or opposition. Some bars arise from circumstances and others from persons. Kindred within the prohibited degree, for example, is a bar to a marriage betwe

conveyancing, contracts, is a contract by which a person conveys his lands to another, for a pecuniary consideration. In consequence of this conveyance a use arises to a bargainee,

a lineal measure containing one-third of an inch. Dane’s Ab. c. 211, a. 13,8. 9. The barleycorn was the first measure, with its divisions and multiples, of all our measures of leng

This word has but one signification in American law, namely, husband: we use baron and feme, for husband and wife. And in this sense it is going out of use. In England, and perhaps

crimes, one who has been guilty of the offence of barratry.

maratime law, crimes, is a fraudulent act of the master or mariners, committed contrary to their duty as such, to the aa of the owners of the ship. Fe mer. tom. 1, p. 366; Merlin,

English law. A counsellor admitted to plead at the bar.—Ouster barrister, is one who pleads ouster or without the bar.— Inner barrister, a serjeant or king’s counsel who pleads wit

in contracts, is an exchange, between two or more persons of goods for goods. If an insurance be made upon returns from a country where trade is carried on by barter, the valuation

old English law. The demesne land of a manor; a farm distinct from the mansion.

civil law. This is derived from a Greek word which juris civilis of Justinian, too long and obscure, resolved to abridge it, and under his auspices the work proceeded to the fortie

crim. law. The offence of begetting a bastard child; as, such a man is guilty of fornication and bastardy.

persons, the state or condition of a bastard. The law presumes - every child legitimate, when born of a woman in a state of wedlock, and casts the onus probands (q. v-) on the part

English law. An officer so called from the rod or baton, warden of the Fleet, and attends the king’s courts to take such into custody as are committed by the court.

An officer in Pennsylvania, who has generally the same powers that judges of probate and surrogates have in other states, and the ordinary has in England, in admitting the wills of

in French Bataille; ‘Old English law.. An ancient and barbarous mode of trial, by single combat, called wager of battel, where, in appeals of felony, the appellee might fight with

the sea shore, (q. v.) - BEACON. A signal erected as a sea mark for the use of mariners, and to give warning of the approach tion of the telegraph, the beacon has, been but little

Eng. crim. law, are euch as bear down or oppress others; maintainers. This word is nearly obsolete.

Eng. law, is a cryer or messenger of a court, who cites men to appear and answer. There are also inferior officers of a parish or liberty who bear this name.

is the conviction of the _ mind, arising from evidence received, or from information derived, not from actual perception by our senses, but from the relation or information of othe

Engl. law. When a party neglects to appear upon a subpena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assign

a seat of justice. Figuratively, the office of a judge, as, the bench and the bar. One of the superior courts in England is called the Court of the King’ s Bench.. The King’s Bench

crim. law. The name of a process sometimes given to an attachment issued by order of a criminal court, against an individual for some contempt, or for the purpose of arresting a pe

eccles. law, is in its most extended sense, any ecclesiastical preferment or dignity; but in its more limited sense, it is applied only to rectories and vicarages.

civil law. ‘The benefit of inventory is the privilege which the heir obthe value of the effects of the succession, in causing an inventory of these effects within the time and mann

Eng. law. was.an aid given by the subjects to the king under a pretended gratuity, but in reality it was an extortion and imposition. Fons ~ BEQUEST. A gift by last will or testame

contracts. A bid is an offer to pay a stipulated price for an article about to be sold at auction. The bidder has a night to withdraw his bid at any time before it is accepted, whi

contracts. One who makes an offer to pay a certain price for an article which is for sale. The or other property, while being sold at an auction. - The bidder is required to act in

a French word, which signifies property. In law, it means property of every description, except estates of freehold and inheritance. Dane’s Ab. c. 133, a. 3; Com. Dig. h. t. Inthe

crim. law, domestic relations. ‘The state of a man who has two wives, or of a woman who has two husbands living at the same time. When the man has more than two wives, or the woman

legislation, is an instrument drawn or presented by a member toa legislative body for its approbation, so that it may become a law, or its rejection. After it has gone through both

chancery ‘practice, is a complaint in writing addressed to the chancellor, containing the names of the parties to the suit, both complainant and defendant, a statement of the facts

CROSS, in chancery practice... A cross bill is one which. is brought by a defendant in a suit against the plaintiff, respecting the matter in question in that bill.- Coop. Eg. Pl.

SINGLE, contracts, is a writing by which one person or more, promise to another or others, to pay him or them a sum of money at a time therein specified, without any condition. It

SUPPLEMENTAL, chancery practice. A supplemental bill is occasioned by some defect in a suit already instituted, whereby the parties cannot obtain complete justice, to which otherwi

TRUE, vide True Bill.

practice. When an issue arises upon a declaration or peremptory plea, and it is decided in favour of the defendant, the judgment is, in general, that the platatiff take nothing by

practice. When the proceedings of the courts were recorded in latin, and the grand jury found a bill of indictment to be supported by the evidence, they endorsed onit billa vera; n

a man of double tongue, in a Iegal sense is the name of a jury who pass in any case between a citizen and an alien; a jury de medictate lingua. Cunn. Dict. This kind of jury is abo

conwhich a debtor acknowledges himself indebted in a certain sum, say one hundred dollars, and for the payment of the debt binds himself in a larger sum, say two ‘hundred dollars.

com. law, contracts. <A writing signed by a merchant, to testify that the goods shipped on board a certain vessel belong to another person who is to take the hazard, the subscriber

legislation, punishment, is an act of the legislature by which one or more persons are declared to be attainted, and their property confiscated. The constitution of the United Stat

in chancery practice. A bill of certtorarit is one praying the writ of certiorart to remove a cause from an inferior court of equity. Coop. Eq. Pl. 44.