Bouvier's Law Dictionary and Concise Encyclopedia

Approval of something done. An undertaking to do something In compliance with a requestin strictness, assent is to be distinguished from consent, which denotes a will about to be d

To state as true; declare; maintain. To assert against another has probably a prima facie meaning of a contradiction of him, but the context or circumstances may show that it conno

To rate or fix the proportion which every person has to pay of any particular tax. To tax. To adjust the shares of a contribution by several towards a common beneficial object acco

Determining the value of a person's property or occupation for the purpose of levying a tax. Determining the share of a tax to be paid by each individual. Laying a tax. Adjusting t

In Civil and Scotch Law. Persons skilled in law, selected to advise the judges of the inferior courts. Bell, Diet.; Dig. 1. 22; Cod. 1. 51. As to admiralty practice, see Nautical A

All the stock In trade, cash, and all available property belonging to a merchant or company. The property in the hands of an heir, executor, administrator, or trustee, which is leg

The proof which a man gives of the truth of what he says, by appealing to his conscience as a witness. It differs from an oath in this, that by the latter he appeals to God as a wi

To make or set over to another. 2 Bla. Com. 320; Watkinson v. Inglesby, 5 Johns. (N. Y.) 391. To appoint; to select; to allot. 3 Bla. Com. 58. To set forth; to point out; as, to as

In French Law, a writ of summons.

The act by which the share of a widow in her deceased husband's real estate is ascertained and set apart to her. The assignment may be made in pais by the heir or his guardian, or

The statement of the case of the plaintiff in error, on a writ of error, setting forth the errors complained of. It corresponds with the declaration in an ordinary action; 2 Tidd,

One who makes an assignment; one who transfers property to another. See Assignment.

Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, "heirs, administrators and assigns." Grant v. Carpenter, 8 R. I. 30.

WRIT OF. See W A ssi. si a:.

A wergild or tion by a pecuniary mulct Blount

ASSIZA (Lat it by or near, througb the Fr. us. A writ directed to the sheriff for the recovery of Immovable l real or incorporeal. Littleton § -•'' l. The action or proceedings in

GRAND. See Grand Assize.

A set of instructions (116G) "to the itinerant justices and sheriffs with reference to their duties and jurisdiction. 1 Holdsw. Hist. E. L. 21.

A writ of assize which formerly lay when a man or his ancestors under whom he claimed presented a clerk to a benefice, who was instituted, and afterwards upon the next avoidance, a

A writ of assize which lay where the disseisin had been committed within forty days. Fitzh. N. B. 7. W. C. Bolland In Tear Books of Edward II, Vol. VII, p. xxxvi (Selden Society),

A writ of assize which lay to recover possession of lands against an abator or his alienee. It lay where the ancestor from whom the claimant derived title died seised. Cowell; 3 Bl

A re-enactment and enlargement (1176) of the Assize of Clarendon. 1 Holdsw. Hist. E. L. 21.

A writ of assize which lay where the claimant had been lately disseised. The action must have been brought subsequently to the next preceding session of the eyre or circuit of just

A writ of assize which lay where a nuisance had been committed to the complainant's freehold. The complainant alleged some particular fact done which worked an injury to his freeho

A writ of assize which lay for a parson to recover lands which his predecessor had improperly allowed the church to be deprived of. 3 Bla. Com. 257. An assize for the trial of the

Sessions of the justices or commissioners of assize. These assizes are held twice in each year in each of the various shires of England, with some exceptions, by virtue of several

A code of feudal law prepared at a general assembly of lords after the conquest of Jerusalem, A. D. 1099. It was compiled principally from the laws and customs of France. It was re

A partner in interest. An ofl Bcer in each of the superior courts of common law in England whose duty it was to keep the records of his court, to attend its nisi prius sittings, an

An association to buy, gather and accumulate information and news; to vend, supply, distribute and publish the same. It is an association affected with a public its news without di

The act of a number of persons in uniting together for some purpose. The persons so joining. An organized union of persons for a common purpose; a body of persons acting together f

See Negligence; Masteb and Servant; Employees' Liability.

Any instrument which confirms the title to an estate. Legal evidence of the trausfer of property. 2 Bla. 294; [1896] 1 Ch. 4G8. The term assurances includes, In an enlarged sense,

A person who has been insured by some insurance company or underwriter, against the losses or perils mentioned in the policy of insurance. The party whom the underwriters agree to

An insurer; an underwriter. ASTRARIUS H/ERES (from astrc, the hearth of a chimney). Where the ancestor by conveyance hath set his heir apparent and his family in a house in his lif

In Saxon Law. A penpeace. The offender was required to replace the damage twofold. Spelman, Gloss.

A refuge; a place of retreat and security. An establishment for the detention and cure of persous suffering from mental disease — and also a place for the reception and bringing up

In Civil Law. A great-greatgreat-grandfather's sister.

In Civil Law. A greatgreat-great-grandfather's brother.

In Civil Law. The male ascendant in the fifth degree.

In Saxon Law. (Spelled also At' ta, Athe, Atte.) An oath. Cowell; Spelman, Gloss. Athes, or Athaa, a power or privilege of exacting and administering an oath in certain cases. Cowe

One who denies or does not believe in the existence of a God. Such persons are, at common law, incapable of giving testimony under oath, and are therefore, incompetent witnesses; b

Tackle; the rigging of a ship; plough-tackle. Spelman, Gloss. ATMATERTERA (Lat). In Civil Law. A great-great-great-grandmother's sister.

According to the course of the common law. In the law.

One attached to an embassy or a legation at a foreign court.

A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself belongs, and who has the privilege to answer there. A writ issued

See Court of Attachment.

Attainted, stained, or blackened. A writ which lies to inquire whether a jury of twelve men gave a false verdict. Bracton, 1. 4, tr. 1, c. 134; Fleta, 1. 5, c. 22, § 8. Formerly th

An endeavor to accomplish a crime carried beyond mere preparation, but Cush. (Mass.) 3C7; Grif Bn v. State, 2G Ga. 493. An intent to do a particular criminal thing combined with an

One who owes a duty or service to another, or in some sort depends upon him. Termes de la Ley.

Long leases or mortgages so arranged as to protect the title powers of these trustees were generally to take possession of the estate, or to sell a part of the term if the portions

Any thing whatsoever wrongfully innovated or attempted in the suit by the judge a quo, pending an appeal. Used in the civil and canon law; 1 Add. Eccl. 22, note; Ayliffe, Parerg. 1

Consideration; notice. The phrase "your bill shall have attention" was held to be ambiguous and not to amount to an acceptance of the bill; 2 B. & Aid. 113.

To put off to a succeeding term; to prolong the time of payment of a debt. Stat. Westm. 2, c. 4; Co well; Blount.

The granting a time or term for the payment of a debt.

In Canon Law. A making terms; a composition, as with creditors. 7 Low. C. 272, 306.

The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing it as a witness. 3 P. Wins. 254; Shanks v. Christopher, 3 A. K. Marsh.

That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same. The usual attestation clause to a will is

One who, upon being required by the parties to an instrument, signs his name to it to prove it, and for the purpose of identification. 3 Campb. 232; Jenkins v. Dawes, 115 Mass. 599

One who attests or vouches for.

To turn over; to transfer to another money or goods; to assign to particular use or service. Kennet, Paroch. Antiq. 283. Used of the part taken by the tenant in a transfer of lands

LETTER OF. See Power op Attorney.

WARRANT OF. See Warrant op Attorney.

A great officer, under the king, created by letters patent, whose office is to exhibit informations and prosecute for the crown in matters criminal; to file bills in the exchequer

A certificate of the commissioners of stamps that the attorney therein named has paid the annual duty. This must be renewed yearly; and the penalty for practising without such cert

See Attorn. AU BES0IN. (Fr. in case of need. "Au besoin chez Messieurs a." "In case of need, apply to Messrs. at "). A phrase used in the direction of a bill of exchange, pointing

See Droit d'Aubaine.

A public sale of property to the highest bidder. See 19 Cent. L. J. 247; Bateman, Auct. The manner of conducting an auction is immaterial, whether it be by public outcry or by any

A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, an audience of le

See Court of Audi- ENCfl. AUDITA QUERELA (I/at). A form of action which lies for a defendant to recall or prevent an execution, on account bf some matter occurring after judgment a

An officer of the government, whose duty it is to examine the accounts of officers who have received and disbursed public moneys by lawful authority. "The name auditor seems to hav

Officers king's customs, naval and military expenses, etc., but who are now superseded by the commissioners for auditing the public accounts. Jacob.

The increase arising to the crown's revenues from the suppression of monasteries and religious houses and the appropriation of their lands and revenues. A court of augmentations er

This was employed in mediaeval England along with curia, and meant an enclosure or hall; it was used of the meetings of the lord's men held there exactly in the same way that the w

(Called frequently Aula Regis). The King's hall or palace. See Curia Regis.

Pertaining to a royal court. In the old German empire, the Aulic Council was the personal council of the emperor, and one of the two supreme courts of the empire which decided with

An ancient manner of weighing by means of a beam held in the hand. Termes de la Ley; Cowell.

The sister of one's father or mother: she is a relation in the third degree. See 2 Cornyn, Dig. 474; Dane, Abr. c. 126, a. 3, §4.

An empire in the southern central portion of Europe. Since 1867 it has consisted of Austria and Hungary united under one hereditary sovereign, a common army and navy and diplomacy

In right of another.

See Estate Pub Autbe Vie.

In Civil Law. An act which has been executed before a notary or other public officer authorized to execute such functions, or which is testified by a public seal, or has been rende

A proper or legal attestation. Acts done with a view of causing an instrument to be known and identified. thenticating copies of the records of a state with a view to their product

A collection of the Novels of Justinian, made by an unknown person. They are entire, and are distinguished by their name from the epitome made by Julian. See 1 Mackeldey, Civ. Law

Enactments and opinions relied upon as establishing or declaring the rule of law which is to be applied in any case. The opinion of a court, or of counsel, or of a textwriter upon

The lawful delegation of power by one person to another. Authority coupled with an interest is an authority given to an agent for a valuable consideration, or which forms part of a

A government where the power of the monarch is unlimited by law.

See Safety Appliance Act.

A vehicle for the carriage of passengers or freight, propelled by its own motor. It has been held to be a carriage, not a machine; Baker v. Fall River, 187 Mass. 53, 72 N. E. 336;

See Dead Body. AUTRE VIE (Fr.). The life of another. See Estate pub Autre Vie. AUTREFOIS ACQUIT (Fr. formerly acquitted). A plea made by a defendant indicted for a crime or misdeme

A subsidy paid to the king. Spelman. AUXILIUM VICE C0M1TI. An ancient duty paid to sheriffs. Cowell.

Capable of being used; valid or advantageous. Available means. That numerous class of securities which are known in the mercantile world as representatives of value easily converte

Profits or proceeds, as the avails of a sale at auction. Webst. Diet. With reference to wills it applies to the proceeds of an estate after the debts have been paid; Mc Naughton v.

In Canadian Law. A contract of suretyship or guarantee on a promissory note. 1 Low. C. 221; 9 id. 360. In French Law. The guaranty of a bill of exchange; so called because usually

AVARIE. Average; the loss and damage suffered in the course of a navigation. Pothier, Marit. Lounge 105.

A certain quantity of oats paid by a tenant to his landlord as a rent or in lieu of other duties. Jacob, L. Diet

A mischance causing the death of a man, as by drowning, or being killed suddenly without felony. Co. Litt. 391; Whishaw.

To assert. See Averment. To make or prove true; to verify. The defendant will offer to aver. Cowell; Co. Litt. 3621*. Cattle of any kind. Cowell, Averia; Kelham. Aver et tenir. To

A writ which lies in favor of a man whose cattle have been unlawfully taken by another, and driven out of the country where they were taken, so that they cannot be replevied. It is

A positive statement of facts, as opposed to an argumentative or inferential one. Bacon, Abr. Pleas, B. Averments were formerly said to be general and particular; but only particul

To carry goods in a wagon or upon loaded horses; a duty required of some customary tenants. Jacob L. Diet. AVERSI0 (Lat.). An averting; a turning away. A sale in gross or in bulk.