Bouvier's Law Dictionary and Concise Encyclopedia

Betterments. 6 Low. Can. 294; 9 id. 503.

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

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 to another, as the walkin

In Legislation. An alteration or change of something proposed in a bill or established as law. Thus the senate of the United States may amend money-biils passed by the house of rep

A satisfaction given by a j By statute 24 Geo. II, c. 44, In I and by similar statutes in some of the l • of the peace, upon notified of an Intended ast them, may tender amends for

A pecuniary penalty imposed upon an offender by a judicial tribunal. The judgment of the court is, that the party be at the mercy of the court (.sit in m a), upon which the affeero

In Great Britain a penalty imposed on an officer for a misdemeanor in his office.

Pertaining to the western hemisphere or in a more restricted sense to the United States. See Beardsley v. Selectmen of Bridgeport, 53 Conn. 4U3, 3 Atl. 557, 55 Am. Rep. 152.

A species of agreement which by a fiction gives to immovable goods the quality of movable. Merl. Rep.; 1« Low. Can. 25, 58. AMI (Fr.). A friend. See Pbocheot Amy.

An action e by agreement of parties. This practice prevails in Pennsylvania. When entered, such action is considered as if it had been adversely commenced and the defendant had bee

To lose the privilege of giving evidence under oath in any court; to become infamous, and incapable of giving evidence. Glanville 2. If either party in a wager of battle cried "cra

An act of oblivion of past offences, granted by the government to those who have been guilty of any neglect or crime, usually upon condition that they return to their duty within a

Mingled with or in the same group or class. it as "intermingled with"; Gibbons v. Ogden, 9 Wheat. (U. S.) 1, 194, 0 L. Ed. 28; una it is sometimes held to be equivalent to between;

To alien lands in mortmain. AMORTISSEMENT (Fr.). The redemption of a debt by a sinking fund.

An alienation of hinds or tenements in mortmain. It is used colloquially in reference to paying off a mortgage or other debt by installments, or by a sinking fund. AMOTION (Lat. am

The amount that is insured, and for which underwriters are liable for loss under a policy of insurance. It is limited by that specified in the policy to be insured, and this limit

The diminution, des'truction, or defeat of the value of, or of the charge upou, the insured subject to the assured, by the direct consequence of the operation of the risk insured a

A writ addressed to the magistrates of a corporation, requiring them not to make such a man an officer, or to put one out of the office he has, until inquiry is made of his manners

In Civil Law. A of judgment until the cause is further examined. In this case, the Judges pronounced the word amplius, or by writing the letters N. L. i [g. v.), signifying that th

Pastime; diversion; enjoyment. See Kxtiuiai.nmext; PLACE of Amusement; Theatre. AMY (Fr.). Friend. See Prociii.in Amy; Next Friend. AN, JOUR ET WASTE. Year, day and waste. See that

The similitude of relation-; which exist between things compared. See Smith v. State, 63 Ala. 58. Analogy has been declared to be an argument or guide in forming legal judgments, a

A theory and system of jurisprudence wrought out neither by inquiring for ethical principles or the dictates of the sentiments of justice nor by the rules which may be actually in

The absence of all political government; by extension, Coufusiou in government. The absence of government; a state of society where there is no law or supreme power. Spies v. Peopl

A punishment by which a person is separated from the body of the church, and forbidden all intercourse with the faithful. It differs from excommunication, which simply forbids the

From birth. 3 Com. 2G66. A POSTERIORI (Lat). From the effeci A PRENDRE (Fr. to take, to seize). Rightfully taken from the soil. 5 Ad. & E. 764; 1 N. & P. 172; Waters v. Lilley, 4 P

In Civil Law. Taking interest on interest; receiving compound interest,

One who has preceded another in a direct line of descent; an ascendant. A former possessor; the person last seised. Termes de la Ley; 2 Bla. Com. 201. In the common law, the word i

What relates to or has been done by one's ancestors; as homage an- Ancestral estates are such as come to the possessor by descent. 3 Washb. R. P. (5th Ed.) 411, 412.

A measure containing ten gallons. The instrument used by which a vessel or other body is held. See The Lady Franklin, 2 Low. 220, Fed. Cas. No. 7,9S4; Walsh v. Dock Co., 77 N. Y. 4

A toll paid for every anchor cast from a ship in a port. Such a toll is said to be incident to almost every port; 1 W. Bla. 413; 4 Term 260; and is sometimes payable though no anch

See Ancient Whitings.

Manors which in the time of William the Conqueror were in the hands of the crown and are so recorded in the Domesday Book. Fitzh. Nat. Brev. 14, 56. Tenure in ancient desmesne may

One which has stood long enough to acquire an easement of support. 3 Kent 437; 2 Washb. R. P. (5th ed.) *74, *76. See Easement; Lateral Support.

Windows or openings which have remained in the same place and condition twenty years or more. Wright v. Freeman, 5 Harr. & J. (Md.) 477; Story v. Odin, 12 Mass. 157, 7 Am. Dec. 46;

Essays on the early English statutes. Co. Litt. 280.

See Ancient Writings. the time the lease was made, if the building was not then under lease. 2 Vera. 542.

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 Inn, the ancients are the old

Deeds, wills, and other writings, more than thirty years old. They may, in general, be read in evidence without any other proof of their execution than that they have been in the p

Eldership; seniority. Used in the statute of Ireland, 14 Hen. VIII; Cowel. ANCILLARY (Lat ancilla, a handmaid). Auxiliary, subordinate. As it Is beneath the dignity of the king's c

A conjunction connecting words or It is said to be equivalent to "as well as"; Porter v. Moores, 4 Heisk. (Tenn.) 16. It is sometimes construed as meaning "or," and has been so tre

In English Law. Tribunals for the examination and trial of criminals. They are held before commissioners selected by the High Court, among whom are usually two Justices of that cou

Wear and tear by use. Damage by operation of nature, as by freshets, is not included therein. 20 N. J. L. 544.

In Roman and Feudal Law. A service exacted by the government for public purposes; in particular, the right of a public officer to require the service of vehicles or ships; personal

RIGHT OF. In International Law. Formerly the right (jus angaria;) claimed by a belligerent to seize merchant vessels in the harbors of the belligerent and to compel them, on paymen

An ancient English coin, of the value of ten shillings sterling. Jacobs, Law Diet.; Cunningham. AN GILD (Sax.). The bare, single valuation or estimation of a man or thing, accordin

Void; of no force. Fitzherbert, Nat. Brev. 214. ANIENT (Fr. aneantir). Abrogated, or made null. Littleton, § 741.

Any animate being which is not human, endowed with the power of voluntary motion. Domitce are those which have been tamed by man; domestic. Ferce natures are those which still reta

BUREAU OF. See Health. ANIMO (Lat). With intention. See Animus, used with various other words. ANIMUS (Lat, mind). The intention with which an act is done. See I.mm.vr.

The intention of remaining. To acquire a domicil, the party must have his abode in one place, with the intention of remaining there; for without such intention no new domicil can b

The intention of republishing (as a will).

An intention to destroy or cancel. See Cancellation.

The intention to take. 4 C. Rob. Adm. 126, 155.

The intention to steal. In order to constitute larceny, the thief must take the property animo furandi; but this is expressed in the definition of larceny by the word felonious; Co

The intention to gain or profit. 3 Kent 357.

The intention of receiving.

An intention of restoring. Fleta, lib. 3, c. 2, § 3.

The intention of returning. A man retains his domicil if ho leaves it animo revertendi; In re Miller's Estate, 3 Rawle (Pa.) 312, 24 Am. Dec. 345; 4 Bla. Com. -:'.">; 2 Russ. Cr. 2

An Intention to make a testament or will. This is required to make a valid will; for, whatever form may have been adopted, if there was no

A title given to the Year Books. Burrill, Law Diet Young cattle; yearlings. Cowell.

Masses said in the Romish church for the space of a year or for any other time, either for the sonl of a person deceased, or for the benefit of a person living, or for both. Aylif.

First-fruits paid out of spiritual benefices to the pope, being the value of one year's profit. Cowell.

The union of one thing to another. It conveys the Idea, properly, of fastening a smaller thing to a larger; an incident to a principal. It has been applied to denote the union of T

Barley; corn; grain; a yearly contribution of food, of various kinds, for support. Annona porcum, acorns; annona frumentum hor- The term is used in the old English law, and also in

In Civil Law. The answers of the prince to questions put to him by private persons respecting some doubtful point of law. See Rescript. Summoning an absentee; Dig. 1. 5. The design

Discomfort; vexation. It is held to mean something less than nuisance. 25 S. J. 30. See Nuisance,

An annual trial of the gold and silver coins of the United States, to ascertain whether the standard fineness and weight of the coinage is maintained. At every delivery of coins ma

The annual receipts from property. See Income; Tax.

Yearly; returning every year. As applied to interest it is not an undertaking to pay interest at the end of one year only, but to pay interest at the end of each and every year dur

In Scotch Law. Interest. To avoid the law agafnst taking interest, a yearly rent was purchased; hence the term came to signify Interest; Bell, Diet.; Patcrson, Comp. §§ 19, 265.

To abrogate, nullify, or abolish; to make void. It is not a technical word and there is nothing which prevents the idea from being expressed in equivalent words; Woodson v. Skinner

A year made up of available or serviceable days. Brissonius; Calvinus, Lex. In prescription, the period of incapacity of a minor, etc., was not counted; it was no part of the anni

A yearly rent; annuity. 2 Sharsw. Bla. Com. 41; Reg. Orig. 158 b.

Without name. Books published without the name of the author are said to be anonymous: Cases in the reports of ■which the names of the parties are not given are said to be anonymou

To put a date to an instrument of a time before the time it was written. A NT EN AT I (Lat. born before). Those born in a country before a change in its political condition such as

Before marriage; befoi'e marriage, with a view to entering into marriage. See Contemplation of Mabbiage.

A concontract entered into between a man and woman in contemplation of their future marriage, and in that case it is called a marriage contract. A wife may waive all right to any p

A word given by a French savant, Alphonse Bertillon, to a system of identification depending on the unchanging character of certain measurements of parts of the human frame. It was

In Civil Law. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Rupert.; Story B

The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive. Wolffius § 1187.

In Roman Law. A r ox apparent contradiction or inconsisten the laws. Merlin, liipert. It Is sometimes used as an English word, and spelled Antinomy. ANTIQUA CUSTUMA (L. Eat ancient

In Roman Law. To resolve a Conner law or practice; to reject or vote against a new law; to prefer the old law. Those who voted against a proposed law wrote on their ballots the let

Also called I Statute. English statutes from the time of Richard First to Edward Third. B Hist. Eng. Law 227. See Nova Statlta.

The act of June 8, 190G, provides for the punishment of any person who shall injure or destroy, etc., any historic or prehistoric ruin, or object of antiquity, on any government la

In Old English Law. A man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser. lie differs from an approver in this, that

Federal and state statutes to protect trade and commerce from unlawful restraints and monopolies. See U. S. v. Knight Co., 156 U. S. 1, 15 Sup. Ct. 249, 39 L. Ed. 325; Restraint of

In Massachusetts, this term, in the statutes relating to additional punishment, means not less than two years. Ex parte Seymour. 11 Pick. (Mass.) 40: Ex parte Dick, id. 86; Ex part

In French Law. A portion set apart for the use and support of the younger ones, upon condition, however, that it should revert, upon failure of male issue, to his original donor an

A part of a house occupied by a person, while the rest is occupied by another or others. 7 M. & G. 95; 6 Mod. 214; Woodf. L. & T. (1st Am. ed.) 6G0. "Apartments is a proper descrip

Open, unsealed writs. Rap. & Lawr. Law Diet. APEX JURIS (Lat. the summit of the law). A term used to indicate a rule of law of extreme refinement. A term used to denote a stricter

Loss of the power of using words properly, of comprehending them when spoken or written or of remembering the nature and uses of familiar objects. Sensory aphasia or apraxia is an

Extremely fine points or subtleties of litigation neurly equivalent to the modern phrase "sharp practice." Rap. & Lawr. Law Diet., citing 3 Burr. 1243. APOCA (Lat). A writing ackno

In Civil Law. An examination and enumeration of things possessed; an inventory. Calvinus, Lex.

In Medical Jurisprudence. The group of symptoms arising from rupture of a minute artery and consequent hemorrhage into the substance of the brain or from the lodgment of a minute c

A total renunciation of Christianity by embracing either a false religion or having no religion at all. 4 Bla. Com. 43. See Blasphemy; Christianity.

Brief letters of dismissal granted to a party who takes an appeal from the decision of an English court of admiralty, stating the case, and declaring that the record will be transm

"Any person who keeps a shop or building where medicines are compounded or prepared according to prescriptions of physicians, or where medicines are sold, shall be regarded as an a

That which appears; that which is manifest; what is proved. It is required that all things upon which a court must pass should be made to appear, if matter in pais, under oath; if

An officer or messenger employed to serve the process of the spiritual courts in England and summon offenders. Cowell.

In Old English Law. Furniture or implements. Curiicarkr apparura, plough-tackle. Cowell; Jacob, Diet.

In Criminal Practice. A formal accusation made by one private person against another of having committed some heinous crime. 4 Bla. Com. 312. Anciently, appeals lay for treason as