A New Law Dictionary and Glossary

Adsecurare. L.Lat To make secure, {securum facers). Spelman. To assure or secure hj pledges, or any solemn interposition of faith. Cowell. To confirm or establish. Beff. Griff. 107

In Scotch law. A setting or lettbg for hire; another name for a tack or lease. 1 Forbes' Inst, part 2, b. 2, c. 4, tit. 4, § 6. JSrsk. Inst. b. 2, tit. 6, §20.

UNLAWFUL. [L. Lat. illicita conffreffatio.l In criminal law. The assembling of three or more persons together to do an unlawful act, who separate without actually doing it, or maki

(L. Fr. assenter), distinguished by Britton from consent {consenter). Britt. c.92.

Lat. To assart. Assertatum; assarted. Reff. Griff. 257. See Assart.

p Li. Lat. assidere, assedare.] To rate, or tax; to fix or settle a sum to be levied, or paid.

In practice. The fixmg or settling by a court or jury, of the amount of damages to be paid by the defendant or defeated party in an. action. Assessment by the court is either made

^c?*e««)re». Lat. [from (Mnrf«*tf,to8itby.] In the civil law. Persons who sat with the Roman praetor, or other magistrate, for the purpose of assisting him with their advice in the

In Scotch and English law. Persons skilled in the law, appomted to advise and direct the decisions of the judges of inferior courts. Scotch Diet, Wharton* a Lex, Brande, The term a

ffrom Fr. asse Zf asses, enough.] Goods or lands in the hands of an executor, administrator or heir, sufficient (assez) to discharge the debts and legacies of the testator, intesta

Lat To draw or drain out water from marshy grounds. GnM, Blount.

[L. Fr. assigne; L. Lat. a*signatus."] Used formerly in the sense of assignee, but now obsolete. 1 Stra. 460. The plural assigns is still retained in deeds, bonds and other instrum

Lat. [from ad, to, and signare, to mark.] In the civil law. To assign, allot, or appoint. Assignare libertum; to assign a freedman to a particular child. Inst. 3. 9. pr.

Lat. In old practice and conveyancing. To assign; to transfer or make over. Cui terram illam dare vel assignare voluerit; to whom he will give or assign that land. Bract, fol. 17 b

In Scotch law. An alienation, transfer or conveyance, particularly of a debt or moveable subject; an assignment. Ersk. Inst. b. 2, tit. 7. Id. b. 3, tit. 5. By assignation, in prop

Lat. [plur. of oww^matus, q. v.] Assigns; assignees. Bract, fol. 20, 21, 37 b. See Assigns. ^ ASSIGNATIO; Lat. and L. Lat. [from assignare, q. v.] An assigning or assignment. Inst.

Lat. and L. Lat. [from aasignare, q. v.] An assignee. Taions, PL 28. A person assigned or appointed to a particular duty. Ad placita tenenda assigna- Us; assigned to hold pleas. Re

(and formerly,) ASSIGN. [L. Fr. assigne; L. Lat assignahis; Scotch, cusigny.'] A person to whom some right or property is assigned, transferred or made over by another; or accordin

Assiner, Assener, L. Fr. ^ assign. L. Fr, Diet, Kelham,

[L. Lat assignatio.] In conveyancing. A transfer or making over by one person to another, of any property real or personal, in possession or action, or of any estate or right there

[L. Lat. assignatio dotis.] The marking out and laying off of one third part of a man's lands as the dower of his widow; designating it by metes and bounds, or other sufficient des

In practice. The statement of the plaintiff's case on a writ of error, setting forth the errors complained of; corresponding with the declaration in an ordinary action. 2 Tidd^9 Pr

[L. Fr. amgnes; L. Lat. assi^nati.'] In conveyancing. A word nearly or quite synonymous with asiignee Sy and formerly sometimes so written; both words probably being only different

See Aseieus.

Lat. [L. Fr. assise, assis.'j In old English law and practice. An assise; a species of jury or inquest. Assisavenit recognitura, or ad recognoscendum; the assise comes, or came to

Lat. That which is fixed or established. Spelman.

Assize, [L. Fr. assise, assis; L. Lat. assisa, from assidere, to sit together, according to Coke; or from Fr. aseis, placed, §ut, settled, fixed, established, according to pelman.]

Fr. Situated. De la ville ou son castle est assise; of the town where his castle is situated. SteU. Westm. 1, c. 7. See Assistis.

[L. Lat. assisa, (seu breve) mortis antecessom.] In old English practice. A possessory writ, foimded upon the possession of the ancestor, which lay for the heir, where his father,

[L. Lat. assisa (seu breve) novce disseisina,] In old English practice. A writ or action which lay where tenant in fee simple, fee tail, or for life, was disseised of his lands, te

(or ASSIZES), otherwise called COURTS OF ASSISE (ASSIZE)

Lat. [from assidere, to assess.] In old law. Persons who settied assises, or imposed taxes. Spelman, Hence probably the modem assessors,

Assysers. In Scotch law. Jurors. Skene de verb, signif, Spelman. ChwelL

Assisa. L. Lat. [from assidere, to fix or settle.] Fixed or certain. Assisus reditus; a fixed, certain, set or standing rent. Kennett's Par. Ant. 314, 355. Called rent of assise. 2

[L. Lat. assisa de nocumento.'] In old English practice. An assise or writ which lay to remove a nuisance, and to recover damages. Thb writ, after stating the complaint of the inju

In old English practice. An assise (otherwise called a writ of juris uirum,) which lay for a parson or prebendary at common law, and for a vicar, by statute 14 Edw. III. c. 17, to

[L. Lat. associatio.] In English practice. A patent sent by the king to the justices appointed to take the assizes, or oi oyer and terminer, to have other persons associated to the

Assoyle. L. Fr, and Eng. Sfrom Lat. ahsolvere.l ^^ deliver or set i-ee from excommunication. Staundf. PL Cor. 72. To free or clear from guilt, or its consequences; to pardon, forgi

In Scotch law. To acquit the defendant in an action; to find a criminal not guilty. Scotch Diet. Tomlins,

Assous. L.Fr. Quit, free, discharged. Litt. sect. 338.

Lat. [from assilire, to assail] An assault. Spelman, voc. Assallire.

To undertake. i Ld.Raym. 122. 4 Co. 92. See Assumpsit,

Lat. \irom assum^re, to undertake.] In practice and pleading. (He undertook.) The name of a civil action given by law to the party injured by the breach or non-performance of a par

[L. Lat. assurantia.] In conveyancing. A deed or instrument of conveyance. The Jegal evidences of the transfer of property are in England called the common assurances of the kingdo

Eng. and Fr. [L. Lat. assecuratio.] In the law of contracts. A making sure or secure. A term formerly used in English maritime law, in the sense of the modern term insurance, and s

Lat. An assnranee. Bridgm. 16. Towns, PL 28, 54.

[L. Lat. assecurare, assurare.] To make sure, or secure; to confirm or establish; to insure. The party in whose favor a contract or policy of insurance has been executed, is still

Fr. Assessed or affeered. Aniercianunts soient assys; the amerciaments shall be affeered. £ritt. c. 26.

In Scotch law. Indemnification for killmg, maiming or laming a person. 1 Forbes* Inst part 2, b. 8, c. 1, tit. 10. Ursk, Inst, b. 4, tit. 4, § 105.

[Lat. astitutio, from ad, to, and statuere, to place; to place or set in order, one by another.] An arraignment was formerly sometimes so called. Co. Litt. 262 b. See Arraignment.

Lat. [L. Fr. astrer, q. v.] In old English law. The occupant of a hearth or house; a person in actual possession. Astrarius haeres; an heir placed by the ancestor in the house (ast

Fr. \L. Lai. astrum.] A hearth; a house. Cfiescun home communer que ad astre en mesme la ville; every commoner who has a hearth in the same town orvill. £ritt.c.59.

Fr. [from astre, (q. v.); L. Lat. astrarius.] A householder, or occupant of a house or hearth. Chescun home astrer de mesme la ville; every householder or resident of the same town

[from Lat. astrictus, bound.] In Scotch law. To bind. Lands are said to be astricted, when the possessor is bound to carry the grain of the growth of the land to be ground at a par

Sax. In Saxon law. A kind of penalty or compensation. imposed upon offenders having the king's peace. LL. Edw. Conf. c. 30. Spelm^an.

Lat. [from Fr. astre, q. v.] A house, or plac& of habitation. Bract, fol. 267 b. Cowell. AT, Ad. L. Fr. Hath. Kelham. AT, Et. L. Fr. And. Id.

Words frequently used in marine policies of insurance, the meaning of which depends upon the actual situation of the vessel at the time the insurance is effected. See 3 Kent's Com,

Lat. In the civil law. A great grandfather's grandmother. Inst. 3. 6. 3.

Lat. A great grandfather's grandmother's brother; (ataviae frater); called by Bracton atavunculus magnus. Bract. fol. 68 b.

Lat. In the civil law. A great grandfather's grandfather. Inst. 3. 6. 3. Bract, fol. 67. Plowd. 449.

Lat. From time. A ternpore euJHS cot Urarii memoria non existit; from time of which there exists not memo- Tj to the contrary; time out of mmd. Reg, Orig. 46 a.

Fr. For a term. A terme d^ sa vie; for the term of his life. Yearbook, T. 8 Edw. III. 407.

Athe. L. Lat. [from Sax. ath, an oath.] In Saxon law. An oath; the power or privilege of exacting and administering an oath. Spelman.

Atya, ffatia, Hatya. L. Lat. [from the English hate, according to Spelman.] Malice, hate or hatred. Reg. Orig. 133 b. Bract, fol. 123. See De odio et atia.

[L. Fr. a large; L. Lat. ad largum.] In old practice. Not limited to any particular matter, point, or question. A special verdict was called a verdict at large, because it found th

[L. Fr. a ley; L. Lat. ad legem,] According to law; by, for, or in law. This common expression has been applied from a very early period exclusively to the English common law, and

Lat. A great grandfather's grandmother's sister, {atavia soror); called by Bracton atmatertera, magna. Bract, fol. 68 b.

Lat. In the civil law. A grandson's or granddaughter's great grandson. Inst. 3. 6. 3.

Lat. In the civil law. A grandson's or granddaughter's great granddaughter. Inst. 3. 6. 3.

Fr. Of, or by wrong; wrongfully. Kelham.

Lat. A great grandfather's grandfather's brother, {atavi frater}; called by Bracton atpatruus magnus. Bract. fol. 68 b.

Out of the limits of any port or harbor on the sea-coast. 1 Story's i?. 261.

[L. Lat. attachiare; from Fr. attacher, to tie or bind to.] In practice. To take or apprehend by commandment of a writ or precept, commonly called an attachment. Cowell. Termes de

Lat. To attach. Praecipimus tibi quod attachies, &c.; we command you that you attach, &c. Reg. Orig. 94 b. Tunc attachiari facias; then you cause to be attached. Bract. fol. 149. A

Lat. An attachment. Bract, fol. 439 b. 440. Beg- Orig. 18, et passim, Spelman. Solennitas attackiamentorum; the formality of attachments; the old practice of issuing one attachment

\L. La,t. attachiamentum.l In practice. A taking or seizure of a person or property, by virtue of a legal process. See infra. A writ or process for the tating or seizure of persons

In English practice. An attachment founded upon, or having reference to privilege. Attomies and other officers of court were formerly privileged to sue in the courts to which they

Court of In forest law. The lowest of the forest courts, held before the verderors of the forest once in every forty days, to receive from the foresters or keepers their attachment

[L. Lat. attinctura; from Fr. atteindre, to reach to, or overtake, or teindre, to taint, or stain.] In English criminal law. That extinction of civil rights and capacities which ta

[L. Fr. atteynte; L. Lat. attincta.] In old English practice. A writ which lay to inquire whether a jury of twelve men had given a false verdict, in order that the judgment might b

Fr. [L.-Lat. attincttis,] In old Eng Ush law. Attainted; convicted or found guilty of some offence. Attaint de disseisin; convicted of disseisin. Stat, Westm. 1, c. 24. Defeated in

Fr. To attwnt, to convict; attainder, conviction. Kelham.

In English law. Terms, (usually mortgages,) for a long period of years, as one thousand or two thousand years, which are created or kept outstanding for the purpose of attending, o

Lat. To attempt. Vobis prohibemus ne quicquam in prcemissis attentare pr€BSumatis; we prohibit you that you do not presume to attempt any thing in the premises. Reg. Orig. 86 b. Ne

Lat. [from a/fentare, q. v.] He attempts. In the civil and canon law. Any thing wrongfully innovated or attempted in a suit by an inferior judge, (or judge a quo,) pending an appea

Lat. [from orf, to, and terminus, a term.] In old English practice. To adjourn; to put off to another term, (ad terminum ponere.) See infra. Coram justitiariis nostris apud Westmon

Lat. Determition. Reg. Orig, 80.

Fr. To put off, or adjourn; to respite; to delay. Kelham. To grant further time for the payment of a debt.

In old English law. A putting off; the granting of a time or term, as for the payment of a debt. Cowell.

[Lat. attestari, from ad, to, and testari, to witness.] In practice and conveyancing. To witness or testify. Where it is provided that an instrument shall be attested, the term att

[from Lat. attestari, to witness.] The testifying to, or witnessing the signature or execution of a deed or other instrument, by the witnesses; including the subscription of their

Fr. Attaint; an attaint £ntt c. 98.

Attilium, L. Lat The nggmg of a sliip. CouelL

Lat. [from attingere, to touch or reach, or from tinffere, to stain.] An attaint. l Ug, Ong, 121 b, 122, 203 b, 304. Spelman.

Lat. To touch or reach to; to amount to. Qu€b summam qtiadraginta solidorvm attingunt, vel earn txcedunt; which amount to, or exceed the sum of forty shillings. Beg. Orig. 145. Att

Attum. [L. Lat. attornars, aiturruire; from Fr. attomer, to turn over, or transfer; or tourner, to turn or exchange, to give one thing in place of another.] In feudal law. To trans

Attumare. L. Lat. [L. Fr. attomer; according to Spelman, from toumer, to turn, to exchange; to give one thing in place of another.] In feudal law. To attorn; to transfer or turn ov

Lat. An attornment. Bract, fol. 79 b.

Attumatus. ^L. Lat [from attornare, q. v.]. One who is attorned, (L. Fr. attourni), or put in the place of another, {ad turnum alteriuj); a substitute; an attorney. Spelman. Attoma

Fr. An attorney. Britt. c. 126.