Bouvier's Law Dictionary and Concise Encyclopedia

Technical words which must be used in framing an indictment for robbery from the person. 1 Chit. Cr. Law 244. In the statute of 13 Edw. I. (Westm. 2d) c. 34, the offence of rape is

Award. Burrill, Diet.

The length of time a person has lived. Full age or majority is the age at which the law allows persons to do acts or discharge functions which for want of years they were prohibite

The Saxon kings usually called a synod, or mixed council, consisting both of ecclesiastill Henry III.’s time. Cowell, ed. 1727; Cunningham, Law Diet. Synod, Mioeh Oe- ^ motes^. MIC

See Principal and Agent. AG ENS (Lat. agere, to do; to conduct). A conductor or manager of affairs. It is distinguished from factor, a workman. A plaintiff. Fleta, lib. 4, c. 15, §

See Principal and Agent.

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; as, when a man is indebted to another, and he appoin

A statement made in a real action to which an infant is a party, of the fact of infancy and a request that the proceedings may he stayed until the infant hecornes of age. It is now

That which increases the enormity of a crime or the injury of a wrong. One of the rules respecting variances is, that cumulative allegations, or such as merely operate in aggravati

Consisting of particular persons or items, formed into one body. A combined whole. See Corporation. AGGREGATIO MENTIUM (Lat). A meeting of minds. See Agreement.

Having a grievance, or suffered loss or injury. The "parties aggrieved" are those against whom an appealable order or judgment has been entered; Ely v. Frishie, 17 CaL 260. One can

An Italian word for accommodation. A term used in commercial transactions to denote the difference of price between the value of bank-notes or other nominal money and the coin of t

The taking of another person's cattle into one's own ground to he fed. for a consideration to he paid by the owner. Williams v. Miller, 68 Cal. 290, 9 Pac. 166. Tithe of Agistment

An officer who had the charge of cattle pastured for a certain stipulated sum in the king's forest and who collected the rates. Story, Bailm. § 443; Skinner v. Caughey, 64 Minn. 37

In Scotch Law. Relations on the father's side. See Agnati.

In Civil Law. All individuals subject for the time being to the same patria potesta», or who would be so subject were the common ancestor alive. Brothers and sisters, with their un

In Civil Law. The relationship of Agnati.

A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Africanus, from his African victories. Ainsworth, L

In Roman Law. Those laws by which the commonwealth disposed of its public land, or regulated the possession thereof by individuals were termed Agrarian Laws. The greater part of th

Agreement. Spelman says that it is equivalent In meaning to aggregatio mentium, though not derived therefrom.

To concur with or assent. Thornton v. Kelly, 11 R. I. 498; to promise or engage; Packard v. Richardson, 17 Mass. 122, 9 Am. Dec. 123; to contract; Mc Kisick v. Mc Kisick, 6 Meigs (

See Case Stateo.

An agreement often made in short terms preliminary to the filling out and delivery of a policy with specific stipulations. Such an agreement, specifying the rate of premium, the su

Land cultivated for profit in some way. Within the meaning of the English Agricultural Holdings act of 1SS3, the term will not include natural grass lands. Such lands are pastoral

That which is the direct result of husbandry and the cultivation of the soil. The product in its natural unmanufactured condition; Getty v..Milling Co.. 40 Kan. 2S1, 19 Pac. 617. I

One for the promotion of agricultural interests, such as the improvement of land, breeds of cattle, etc. Downing v. State Board of Agriculture, 129 Ind. 443, 28 N. E. 123. 614, 12

The cultivation of soil for food products or any other useful or valuable growths of the field or garden; tillage, husbandry; also, by extension, farming, including any industry pr

See Aiding and Abettino.

Help; support; assistance; counsel; encouragement. The constitution of the United States, art. 3, s. 3, declares that adhering to the enemies of the United States, giving them aid

See Bonds.

The presumption [ which arises after verdict, whether in a civil or criminal case, that those facts, without proof of which the verdict could not have been found, were proved, thou

The offence committed by those persons who, although not the direct perpetrators of a crime, are yet present at its commission, doing some act to render aid to the actual perpeti-a

A city or borough that holds a fee farm of the king, if anything be demanded against them which belongs thereto, may pray in aid of the king. In these cases the proceedings are sto

A petition to the court calling in help from another person who has an interest in the matter in dispute. For example, a tenant for life, by the cu or for years, being impleaded, m

In English Law. A species of tax payable by the tenant of lands to his superior lord on the happening of certain events. They were originally mere benevolences granted to the lord

The official title of the kingdom composed of England, Scotland, Ireland, and Wales, and including the colonies and possessions beyond the seas. At the time of the union between En

See Aviation. AISIAMENTUM (spelled also Esamenttun, Aismentum). An easement Spelman Gloss.

In Spanish Law. The jewels and furniture which a wife brings in marriage.

One of the United States of America, being the ninth admitted into the Union. It was formerly a part of Georgia, but in 1798 the territory now included in the states of Alabama and

Territory acquired by the United States under treaty with Russia dated March 30, ratified May 28, 18G7. 15 Stat. L. 530. By this treaty the inhabitants of the territory were admitt

White rents; rents reserved payable in silver, or white money. They were so called to distinguish them from reditus nitjri, which were rents reserved payable in work, grain, and th

The droit d'aubaine in France whereby the king at the death of an alien was entitled to all his property, unless he had a peculiar exemption. Repealed in 1791.

A judicial officer in Spain, and in those countries which have received the body of their laws from those of Spain. His powers and duties are similar to those of a justice of the p

Equivalent to senator or senior. Cowell. In English Law. An associate to the chief civil magistrate of a corporate town or city. The word was formerly of very extended significatio

In Civil Law. A mutual agreement, of which the effects, with respect hoth to the advantages and losses, whether to all the parties or to some of them, depend on an uncertain event.

A duty anciently paid to rhe Lord Mayor of London by the sellers of ale. ALE AT OR f Lat. a lea, dice.) A diceplayer; a gambler. "The more skilful a player he is, the wickeder he i

The condition or state of an alien.

See Sedition.

To convey; to transfer. Co. Litt. 118 h. Alien is very commonly used in the same sense; 1 Washb. R. P. 53.

The transfer of the property and possession of lands, tenements, or other things, from one person to another. Termes de la Ley. It is particularly applied to absolute conveyances o

The rank and condition of the defendant cannot be considered in assessing damages, though his occupation and perhaps his social position may be shown; Bailey v. Bailey, 91 la. 598,

An office in England to which all writs of covenants and entries were carried for the recovery of fines levied thereon.

One to whom an alienation is made. ALIENI GENERIS (Lat). Of another kind. ALIENI JURIS (Lat). Subject to the authority of another. An infant who is under the authority of his fathe

One who owes allegiance to the adverse belligerent. 1 Kent 78. He who owes a temporary but not a permanent allegiance is an alien enemy in respect to acts done during such temporar

He who makes a grant or alienation.

The act of laying out or adjusting a line. The state of being so laid out or adjusted. The ground plan of a railway or other road or work as distinguished from its profile or gradi

In Scotch Law. To support; to provide with necessaries. Paterson, Coinp. §§ 845, 850. Maintenance; support; an allowance from the husband's estate for the support of the wife. Pate

Under a different aspect; with respect to another case or condition. 6 M. & S. 231. See Diverso Intuitu. ALITER (Lat.). Otherwise; as otherwise held or decided. ALIUNDE (Lat.). Fro

Completely, wholly, the whole amount, quantity or number. It is frequently used in the sense of "each" or "every one of;" Sherburne v. Sischo, 143 Mass. 442, 9 N. E. 797; Towle v.

The assertion, declaration, or statement of a party of what b prove. In Ecclesiastical Law. The statement of the facts Intended to be relied on in support of a contested suit. It i

A ment made by the wife of the property of her husband, for the purpose of obtaining alimony. Lovett v. Lovett, 11 Ala. 763; Wright v. Wright, 3 Tex. 168. To such an allegation the

The tie which binds the citizen to the government, in return for the protection which the government affords him. The duty which the subject owes to the sovereign, correlative with

See Diminution of the Record.

To levy or pay an accustomed fine. Cowell.

A term in common use in the trade. A1 sale of goods with "all faults," in the absence of fraud on the part of the vendor, covers all such faults and defects as are not inconsistent

A metaphorical expression, signifying that a case agrees in all its circumstances with another.

The union or connection of two persons or families by marriage; affinity. In International Law. A contract, treaty, or league between two or more sovereigns or states, made for pur

Running one vessel against The distinction Is not very carefully observed, but collision is used to denote cases strictly of allision. ALL0CATI0 NE FACIENDA. In English Law. A writ

An allowance upon an account in the English Exchequer. Cowell. Placing or adding to a thing. Encyc. Loud. ALL0CAT0 COMITATU. A new writ of exigent, allowed before any other county

A writ of exigent which issued in a process of outlawry, upon the sheriff's making return to the original exigent that there were not five county courts held between the teste of t

The formal address of the judge to the prisoner, asking him if he has anything to say why sentence should not be pronounced against him. In case of conviction of an offence not cap

Held in alodum. See Alod, where the more recent understanding of tho ALLONGE (Fr.). A piece of paper annexed to a bill of exchange or promissory note, on which to write endorsement

A share or portion; that which is allotted. The division or distribution of land. AIM in nit System. A system in Kngland of assigning small portions of land, from the eighth of an

"A writing by a seaman, whereby he makes an assignment of part of his wages in favor of his wife, father or mother, grandfather or grandmother, brother or sister. Every allotment n

To sanction, either directly or indirectly; as opposed to merely suffering a thing to be done. [1S94] 2 Q. B. 412. A claim is said to be allowed by a court. To permit; Kearns v. Ke

A definite sum or quantity set apart or granted. The share or portion given to a married woman, child, trustee, etc. Smith v. Smith, 45 Ala. 264. It is said to include what is awar

A nation which has entered into an alliance with another nation. 1 Kent 69. A citizen or subject of one of two or more allied nations. 4 C. Rob. Adm. 251; 6 id. 205; Miller v. The

A book or table containing a calendar of days, weeks, and months, to which various statistics are often added, such as the times of the rising and setting of the sun and moon, etc.

The archives, or, as they are sometimes styled, muniments of a church or library.

Alms. See Frankalmoin.

One charged with the distribution of alms. The office was first instituted in religious houses and although formerly one of importance is now in England almost a sinecure. See Lord

Any species of relief bestowed upon the poor. That which is given by public authority for the relief of the poor. Shelf. Mortal. 802, note (X); Hayw. Elect. 263; 1 Dougl. El. Cas.

Peter's pence, which see.

A house for the publicly supported paupers of a city or county. People v. City of New York, 36 Hun (N. Y.) 311. In England an almshouse is not synonymous with a workhouse or poorho

Sometimes used for alodial, but not well authorized. Co well. as a subject can have. Co. Litt.: Tenure A. But see Alod.

By, on, up to or over, according to the subject-matter and context Church v. Meeker, 34 Conn. 425; Walton v. B 67 Mo. 58; l B. & AdoL 448; Benton v. Horaley, 71 Ga. 619; Stevens v.

It may be defined as a future interest not transmissible to the representatives of the party entitled thereto, in case he dies before it vests in possession. Thus, if a testator le

Offerings made on the altar; all profits which accrue to the priest by means of the altar. Ayliffe, Par. Gl.

A change in the terms of a contract or other written instrument by a party entitled under it, without the consent of the other party, by which its meaning or language is changed. T

A usage among diplomatists by which the rank and places of different powers, who have the same right and pretensions to procedence, are changed from time to time, either in a certa

Allowing a choice between two or more things or acts to be done. In contracts, a party has often the choice which of several things to perform. A writ is in the alternative which c

In Civil Law. A servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, every one enjoys this privilege,

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. Cowell.

A foster-child. Also a graduate from a school, college, or other institution of learning. ALVEUS (Lat). The bed or channel through which the stream flows when it runs within its or

Union of different races, or diverse elements, societies, or corporations, so as to form a homogeneous whole or new body; interfusion; intermarriage; consolidation; coalescence; as

A code of sea laws compiled for the free and trading republic of Amalphi toward the end of the eleventh century. 3 Keut 9. It consists of the laws on maritime subjects which were o

Duplicity, indistinctness or uncertainty of meaning of an expression used in a written instrument. The word "uncertainty" in a suit refers to the uncertainty defined in pleading an

A boundary line. Ellicott v. Pearl, 10 Pet. (U. S.) 412, 442, 9 L. Ed. 475. AMBITUS (Lat). A space beside a building two and a half feet in width, and of the same length as the bui

A vehicle for the conveyance of the sick or wounded. In time of war they are considered neutral and must be respected by the belligerents. Oppenheim, Int. L. 126. AMBULATORY (Lat.

The act of attacking an enemy unexpectedly from a concealed station; a concealed station, where troops or enemies lie in wait to attack by surprise; an ambuscade; troops posted in