Bouvier's Law Dictionary and Concise Encyclopedia

The appointment of a day when the justices in eyre mean to sit again. 1 Bla. Com. 186.

To decide or determine. It is sometimes used with "considered, ordered, determined, decreed as one of the operative words of a final judgment," but is also applicable to interlocut

In Canadian Law. A purchaser at a sheriff's sale. See 1 Low: Can. 241; 10 id. 325.

A judgment; giving or pronouncing judgment in a case. Determination in the exercise of judicial power. Street v. Benner, 20 Fla. 700; Joseph C. Irwin & Co. v. U. S., 23 Ct CI. 149.

Additional judges sometimes appointed in the Court of Delegates, q. v. See Shelford, Lun. 310; 1 Hagg. Eccl. Rep. 384; 2 id. 84; 3 id. 471.

To put in order; to determine an amount due. See State v. Staub, 61 Conn. 553, 23 Atl. 924; State v. Moore, 40 Neb. 854, 59 N. W. 755, 25 L. R. A. 774. Accounts are adjusted when t

The determining of the amount of a loss. 2 Phillips, Ins. 85 1S14, 1815. To settle or bring to a satisfactory state so that parties are all agreed. Mayor of New York v. Ins. Co., 3

At large: as, title at large; assize at large. See Dane, Abr. a 144, art 16, § 7.

At pleasure. 3 Bla. Com. 292. AD LITEM (Lat. lites). For the suit Every court has the power to appoint a guardian ad litem; 2 Kent 229; 2 Bla. Com. 427.

For gain or loss. AD MAJOREM CAUTELAM (Lat). For greater caution. AD MEDIUM FILUM AQU/E. See Ad Felum Aqtj.e. ' AD NOCUMENTUM (Lat). To the hurt or injury. In an assize of nuisance

A remedy which lay for the heir on reaching his majority, to rectify an assignment of dower made during his minority, by which the doweress had received more than she was legally e

A remedy which lay in certain cases for surcharge of common of pasture. It lay where a common of pasture appurtenant or in gross was certain as to number; or where one had common a

Auxiliary and subordinate to. The Marianna Flora, 3 Mas. 116, 121, Fed. Cas. No. 9.0S0. Adminicular evidence, as used in ecclesiastical law, is evidence to explain and complete oth

To give, to direct or cause to be taken. Gilchrist v. Comfort, 34 N. Y. 239; Brinson v. State, 89 Ala. 105, 8 South. 527.

An offence of an aggravated character, punishable under the various statutes defining the offence. The stat 9 G. IV. c. 31, s. 11, enacts "that if any person unlawfully and malicio

See Executors and Administrators. See Ordinary.

A woman to whom letters of administration have been granted and who administers the estate. When an administratrix marries, that fact does not prevent her from suing as such; Cosgr

A court which has a very extensive jurisdiction of maritime causes, civil and criminal. On the revival of commerce after the fall of the Western empire, and the conquest and settle

FIRST LORD OF THE. At the head of the British Navy are five Lords Commissioners. The First Lord is a member of the Cabinet, the others are called Sea Lords.

Pertinent and proper to be considered in reaching a decision. Used with reference to the issues to be decided in any judicial proceeding. ADMISSION (Lat. ad, to, miltere, to send).

The act of giving possession of a copyhold estate. It is of three tenant, and upon descent 2 Bla. Com. 366. See Copyhold. ADMITTEND0 CLERIC0. An old English writ issuing to the bis

A reprimand from a judge to a person accused, on being discharged, warning him of the consequences of his conduct, and intimating to him that, should he be guilty of the same fault

The son of a great-greatgrandson. Calvinus, Lex.

The daughter of a greatgreat-granddaughter. Calvinus, Lex. ADN0TATI0 (Lat notare). A subscription or signing. In the civil law, casual homicide was excused by the indulgence of the

That age which follows puberty and precedes the age of majority. It commences for males at fourteen, and for females at twelve years completed, and continues until twenty-one years

With relation to omissions or wrong interpretations. 3 Ersk. Inst. 9, § 36.

To the work. See 21 Harv. L. Rev. 264, citing 2 Poll & Haiti. 232 et seq.; Use. AD OSTIUM ECCLESI/E (Lat). At the church-door. One of the five species of dower formerly recognized

To religious purposes.

To prosecute. 11 Mod. 362. AD QU/ERIMONIAM. On complaint AD QUEM (Lat). To which. The correlative term to a quo, used in the computation of time, definition of a risk, etc., denoti

To cite a person to appear. AD RECTUM (L. Lat). To right. To do right. To meet an accusation. To answer the demands of the law. Eabeant cos ad rectum. They shall render themselves

To make answer. Fleta, lib. II, c. 65. It is used in certain writs to bring a person before the court in order to make answer, as in habeas corpu* ad respondendum or capias ad resp

One of two procedures for adoption under the Roman Law, i. e. by bill (rogatio) passed by the comitia cur lata, with the formal consent of the intended father and son. 1 Roby, Rom.

See Ad Sectam. AD SCRIPT I (Lat. scribere). Joined to by writing; ascribed; set apart; assigned to; annexed to. AD SCRIPT I GLEB/E. Slaves who served the master of the soil; who we

To satisfy. It is used in the writ capias, ad satisfaciendum and is an order to the sheriff to take the person of the defendant to satisfy the claims of the plaintiff.

At the suit of. It is commonly abbreviated. It is used where it is desirable to put the name of the defendant first, as in some cases where the defendant is filing his papers; thus

In Civil Law. One who supplied the place of a procurator at a time when the law refused to allow stipulations to be made by procuration. Sand. Inst. 354.

The technical name of that part of an indictment containing the statement of the subject-matter "then and there being found." Bacon, Abr. Indictment, G. 4; 1 No. C. 93. In an indic

In Civil Law. A male infant who has attained the age of fourteen; a female infant who has attained the age of twelve. Domat. Liv. Prel. tit. 2, § 2, n. 8. In Common Law. One of the

The act of corrupting or debasing; the act of mixing something one of the same kind. See 16 ML & W. 644; State v. Norton, 24 N. C. 40. See Food and Drug Laws. ADULTERATOR (Lat.). A

The issue of adulterous intercourse. Those are not deemed adulterine who are begotten of a woman openly married through ignorance of a former wife being alive. Adulterine children

Companies of traders acting as corporations, without charters, and paying a fine annually for the privilege of exercising their usurped privi Smith, Wealth of Nat. book 1, c. 10; W

A fine imposed for the commission of adultery. Barrington, Stat 62, n.

The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Bishop, Mar. & D. § 415; Moore v. Com., 6 Mete. (Mass.) 243, 39 Am. De

To the most extended import of the term. 2 Eden 39. AD VALOREM (Lat). According to the valuation. Duties may be specific or ad valorem. Ad valorem duties are always estimated at a

To supply beforehand; to furnish something before an equivalent is received; to loan. Rogers v. Bank, 108 N. C. 574, 13 S. E. 245.

A gift by anticipation from a parent to a child of the whole or a part of what it is supposed such child will inherit on the death of the parent. Hengst's Estate, 6 Watts (Pa.) 87;

Payments made to the owner of goods by a factor or agent, who has or is to have possession of the goods for the purpose of selling them. An agent is entitled to reimburse himself f

Preference or priority. United States v. Preston, 4 Wash. 446. Fed. Cas. No. 10.0S7. ADVENA (Lat. venire). In Roman Law. One of foreign birth, who has left his own country and sett

The period commencing on Sunday falling on St. Andrew's day (30th of November), or the nearest Sunday to it. and continuing till Christmas. Blount It took its name from the fact th

Sending goods abroad under charge of a supercargo or other agent which are to be disposed of to the best advantage for the benefit of the owners. The goods themselves so sent. It i

One who undertakes uncertain or hazardous actions or enterprises. It is also used to denote one who seeks to advance his own interests by unscrupulous designs on the credulity of o

See Adverse Possession.

The possession or exercise of an easement or privilege under a claim of right against the owner of the land out of which the easement is derived. 2 Washb. R. P. 42. Such an enjoyme

The enjoyment of land, or such estate as lies in grant, under such circumstances as indicate that such enjoyment has been commenced and continued under an assertion or color of rig

Information or knowledge communicated to individuals or the pub- A notice published in handbills, placards, a. newspaper, etc.; cited in Darst v. Doom, 38 111. App. 397. The law in

Information given by letter by one merchant or banker to another in regard to some business transaction which concerns him. Chit. Bills 1S5. AD V ISA R I (Lat). To advise; to consi

Consideration; deliberation; consultation. "Upon deliberate advisement, we are of opinion," etc. In re Iluhorst, 150 U. S. 662, 14 Sup. Ct. 221, 37 L. Ed. 1211.

Suggestive, but not conclusive.

See Opinion of Judges.

For life or until misbehavior. Words descriptive of a tenure of office "for life or good behavior," equivalent to quamdiu bene se gesserit.

In Civil Law. The functions, duty, or privilege of an advocate. Du Cange, Advocatia.

In Civil Law. Those chosen by the emperor to argue his cause whenever a question arose affecting his revenues. 3 Bla. Com. 27.

A pleader; a narrator. Bracton, 412 a, 372 b.

A right of presentation to a church or benefice. He who possesses this right is called the patron or advocate. When there is no patron, or he neglects to exercise his right within

See Aviation. /ES ALIENUM. In Civil Law. A debt erty of another, as distinguished from as suum, one's own. /ESNEClUS. See Anecitjs. /ESTIMATIO CAPITIS (Lat the value of a head). Th

In International Law. The title of a diplomatic representative or minister of an inferior grade, to whose care are confided the affairs of his nation. The term is usually applied t

To lay hold of, to act upon, impress or influence. It is often used in the sense of acting injuriously upon persons and things. Ryan v. Carter, 93 U. S. 84, 23 L. _Ed. 807; Baird v

The making over, pawning, or mortgaging a thing to assure the payment of a sum of money, or the discbarge of some other duty or service. Crabb, Techn. Diet. As to affection as a co

To fix in amount; to liquidate; to settle. To affeer an amercement. To establish the amount which one amerced in a courtleet should pay. See Amercement. To affeer an account. To co

Those appointed by a court-leet to mulct those punishable, not by a fixed fine, but by an arbitrary sum called amercement, q. v.; 4 Bla. Com. 379.

To assure by pledge. A plighting of troth between man and woman. Littleton, § 39. An agreement by which a man and woman promise each other that they will marry together. Pothier, T

A deponent; one who makes pledge one's faith or do fealty by making oath. Cowell. Used of the mutual relation arising between landlord and tenant; 1 Washb. R. P. 19; 1 Bla. Com. 36

One who is not a vassal, but who for the sake of protection has connected himself with one more powerful. Spelman, Gloss.; Jacob, L. Diet

A statement or declaration reduced to writing, and sworn to or affirmed before some officer who has authority to administer an oath or affirmation. Quoted and approved in Shelton v

A sworn statement made in proper form that the defendant has a good ground of defence to the action upon the merits. The statements required In such, an affidavit vary considerably

An affidavit which is required in many cases before a person can be arrested. Such an affidavit must contain a statement, clearly and certainly expressed, by some one acquainted wi

To put on record; to file 8 Coke 319; 2 M. & S. 202.

The act of imputing or determining the paternity of a child. A species of adoption which exists by custom in some parts of France. The person affiliated succeeded equally with othe

In Civil Law. Connections by marriage, whether of the persons or their relatives. Calvinus, Lex. From this word we have affinity, denoting relationship by marriage; 1 Bla. Com. 434

In Civil Law. Affinity.

That connection between parties arising from marriage which is neither consanguinity nor affinity. This term signifies the connection between the kinsmen of the two persons married

The connection existing, In other. Solinger v. Earle, 45 N. Y. Super. Ct. 84. It is distinguished from consanguinity, which denotes relationship by blood. Affinity is the tie which

The confirmation of a voidable act by the party acting, who is to be bound thereby. The term is in accuracy to be distinguished from ratification, which is a recognition of the val

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 the

One who makes affirmation instead of making oath that the evidence which he is about to give shall be the truth, as if he had been sworn. He is liable to all the pains and penalty

A solemn religious asseveration in the nature of an oath. 1 Greenl. Ev. § 371. Quakers, as a class, and other persons who have conscientious scruples against taking an oath, are al

That which establishes; that which asserts a thing to be true. It is a general rule of evidence that the affirmative of the issue must be proved; Buller, N. P. 298; Peake, Ev. 2. B

An affirmative allegation implying some negative in favor of the adverse party. For example, if to an action of assumpsit, which is barred by the statute of limitations in six year

To attach or annex. See Fixtures. AFF0RCE THE ASSIZE. To compel unanimity among the jurors who disagree. It was done either by confining them without meat and drink, or, more ancie

To make free.

The fighting of two or more persons in a public place to the terror of the people. Mere words cannot amount to an affray. Any person is justified in using force to part the combata

Affreightment. The word fret means tons, according to Cowell. Affreightamentum was sometimes used. Du Cange.

The contract by which a vessel, or the use of it, is let out to hire. See Freight; General Ship.

Before mentioned; already spoken of or described. Whenever in any instrument a person has once been described, all subsequent references therein may be made by giving his name mere

Premeditated; prepense. The length of time during which the ac cused has entertained the thought of com mitting the offence is not very material, provided he has In fact entertaine

Behind, following, subsequent to an event or date. There is no invariable sense, however, to be attached to the word, but like "from," "succeeding," "subsequent," and similar words

See En Vi:mki: Sa Mere; Posthumous Child.

The second crop of grass. A right to have the last crop of grass or pasturage. 1 Chit. Prac. 1S1.

The 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; 2 El. & Bl. 447, where a

Adverse or in opposition to. The meaning of the word varies according to the context; State v. Prather, 54 Ind. 03. To marry "'against one's consent" means without the consent; 2 S