A New Law Dictionary and Glossary

To attorn or transfer. Que le seigniour ptuse attomer le homage et le service son tenaunt: that the lord may att(ym the homage and service of his tenant. Britt. c. 68. Si ascun ten

Attumey, Attoumey. [L. Lat. attomatus, atturnatus; L. Fr. at tome, attume, attoumS; from toumer, or attourner, to turn, put in the place of, substitute; or toum, a turn or change.]

In old practice. An attomey who practised in all the courts.* Cowell.

[L. Lat. a^ tomatus or atturnatus, procurator, respontalis, qq. v.] In practice. One who is put in the place, stead, or turn of another, to manage his matters of law. 3 Bl. Com. 25

A law officer of state in England and the United States; the attorney of the King or Queen, {attomatus regis, or regincs;) the attorney of the government or state. In England the a

[L. Lat. procurator, vicarius.] A private attorney authorized by another to act in his place and stead, either for some particular purpose, as to do a particular act, (in factum),

[L. Lat. attomamenturn, attomatio; L. Fr. attoumance,] In feudal and old English law. A turning over, or transfer by a lord, of the services of his tenant to the grantee of his sei

Lat. An attorney. Spelman, See Attomattis.

Fr. An attorney. Britt, c. 126. See Attome.

Auhaigne. Fr. See Droit d*aubaine.

Fr. [In case of need; "au besoin chez Messrs. — h —;" in case of need apply to, &c.] In French law. Words used in the direction of bills of exchange, pointing out certain persons w

Lat. A catcher of syllables. One who takes (or offers to take) advantage of trifling verbal inaccuracies, watching or lying at catch for the mistakes of others, like a fowler or bi

[from Lat. auctio, from augere, to increase.] A public sale, where the parties desiring to purchase bid upon each other, that is, successively offer an increasing price; the sale b

Auxionarius. L. Lat. A seller, regrater or retailer. Auxumarii et auxionatrices pants, cervisia, it aliarum rerum; retailers (male and female) of bread, ale and other things. Cowel

[from L. Lat. auctionarius, (q. v.); Lat. propola,'] One who conducts an auction or public sale.* Spelman, voc. Auctionarii, A person who is authorised to sell goods or merchandise

Auctour, L. Fr. [from Lat. actor, q. v.] A plaintiff. Kelham,

Lat. [from auceps, a fowler.] A catching tit; the taking advantage of, or laying stress upon trivial mis* takes, or oversights. Aucupia verborum suntjudice indigna; catchings at wo

[L. Lat. cwria audientice Cantuariensis^ In In English ecclesiastical law. A court belonging to the Archbishop of Canterbury, of equal authority with the Arches court, thoucfh infe

Lat. (Having heard the complaint.) In practice. A writ which lies for a defendant against whom judgment is recovered, and who is therefore in danger of execution, or perhaps in exe

Lat. and Eng. [from aiudwt. to bear.] An officer^ or penon whoM ban*; is to examine and verify the accounts of persons entrusted with money. A perscm appointed to examine a particu

Lat. Auditors of account. Stat. Westm. 2. cU.

Lat. [from audire, to hear.] In old pleading and practice. Hearing. In auditu quamplurimorum; in the hearing of very many. T. Raym. 196. Oyer, (which was anciently an actual hearin

In old English law. The name of a court erected in the twenty-seventh year of King Henry VIII., for the purpose of protecting the kind's interests, in relation to the profits of su

Lat. In the Roman law. The title of the wife of the emperor, (Augustus;) corresponding with queen consort in English law. 1 Bl. Com. 218. It was first given to Livia, the wife of A

Haula, Halla. L. Lat. In old English law. A hall, or court; the court of a baron, or manor; a court baron. Spelman. A hall, or chief mansion house; the usual appendage of a manor.

or REGIA. Lat. The king's hall; sometimes called curia regis^ the king's court. A court established by William the Conqueror in his own hall or palace. It was the supreme court of

See Almge.

See Alnager.

Fr. Alms; another form of almoin or almoign. Tener [teaur] en aumone; tenure in alms. Britt c. 66. Fraunche aumone; frank almoin; free alms. Id, ibid.

Fr. An ancestor. Briit c. 70.

Lat. Ancient. Charta aunciata, et libertae anterior; an ancient charter, and privilege of older date. Bract. fol. 57 b.

Aunciennes. L. Fr. Ancient. Aunciennes demeynes; ancient demesnes. Britt. c. 66.

Lat. A gold mine. BracU fol. 222 b. AURUM REGIN^. Lat. Queen's gold..1 Bl.Com. 219, 220. See Queen-gold.

Ausinc, Aussin, Aueoys, Ausieu. L. Fr. Also, in this manner. Kelham,

Auxi. L. Fr. Also. Z. Fr. Diet. Litt. sect. 95..AUSTREG^. L. Lat. In old German law. Arbiters appointed to determine controversies, for the purpose of restraining the practice of p

Lat. Or. Aut eo circiter; or thereabouts. Towns. PI. IS. For the use of aut in connexion with vel, seu and sive, see Id. 25.

Fr. As much; so much, like as. L. Fr. Diet.

In the civil law. An action which lay where one forcibly or clandestinely, (vi aut clam,) erected or demolished a boilding on his own or another's ground, and thereby unlawfully in

Fr. In pleading. Another action pending. A species of plea in abatement. 1 Chitt.Pl,i54.

Fr. Another right, another's right. See Mt auter droits ^ATTESOrSIOX, 'Avxeioiaiog. Gr. {from ^vxbg, himself, and iiovaia^ power.] n the civil law. One who has the control of his o

{L&t. Authenticcs.] In the civil law. A Latin translation of tho novels of Justinian by an anonymous author; so called because the novels were translated entire, in order to distin

Autry, Altre, Auter. L. Fr. Other, another. Britt. c. 64. Kelham. See Auter.

Autrefoits, Autrefez. L. Fr. At another time; formerly; before; heretofore. See infra. Autrefois acquit. L. Fr. (Formerly acquitted.) In criminal law. A plea by a criminal to an in

Auxybien, L. Fr. As well. Litt. sect. 200.

Lot. In feudal and old English law. Aid; a kind of tribute paid by the vassal to his lord, being one of the incidents of the tenure by knight's service. Spelman. See Aid, Auxilia a

Fr. Benefit or profit. L. Fr, Diet,

Fr. [L. Lat. avallum.] In French law. The guaranty of a bill of exchange; so called because usually placed at the foot or bottom (a val) of the bill. Sto» ry on Bills, § 454, 394.

Fr. To descend or go down. Amjountaunt et nient avalaunt; ascending and not descending. Britt. c. 70. To lower, or bring down. Avale; lowered. Id. c. 63.

Lat. Advantage, profit. Cum omnibus suis utilitatibus ac avantagiis inde provenientibus; with all its profits and advantages thereof issuing. Regist, Eccl, Cantuar, cited in Cowell

See Aventure.

^vener. L.Fr. To come, or become; to happen. Si cas aveigne; if the case happen. Britt. c. 75. Ou r aventure serra avenue; where the accident shall have happened. Id. c, 1.

[from Lat. avena, oats.] In old English law. A rent paid m oats. Cowell,

Aveignaunt, L. Fr. [from avener, q. v.] Value, price. Kelham. That which a thing comes to.

Fr. To come, or become; to come to; to happen. See Aveigner. Avenant; becoming, proper, material. Kelham, Avenantement, avanaum^nt; becomingly, answerably, pipperly. Id,

Fr. [from avener, to happen.] A mischance or accident by which th( the death of a man is occasioned without felony, as by some sudden illness, by falling into the water, or into th

[L. Fr. averrer; L. Lat. verificare^ In pleading. To make a positive statement of fact, in opposition to argument or inference. See Averment. In old pleading. To avouch or verify.

Avere, Averre, Aveir, Avoer, Auver, Auvere, L. Fr. To have. Kelham. Avomus, avomps; we have. Avium; we had. Avietz; you have. Avans; having. Id, L. Fr. Diet,

Old Eng. [L. Lat. averium, averum,] A working beast; a horse or bullock. Cowell, roc, Averia. Spelman, voc. Avera. See Avert.

Lat. [from Fr. ouvre, ouvrage, labor, work.] In old English law. A day's work of a ploughman; a kind of customary service rendered by the king's tenants within the demesne lands of

[L. Lat. averagium; Fr. avarie; Germ, haverie; Dutch, averiei\ In maritime law. A contribution made by all the parties concerned in a sea-adventure, to make good a specific loss or

PETTY. See Petty Average.

[L. Lat. averagium, from avera, or averia, qq. v.] In old English law. A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed w

In maritime law. A partial loss of goods or vessels insured, for which the indm^rs are bound to compensate the insxired in the proportion which the loss bears to the whole insuranc

[from Fr. ouvre, or ouvrage, work, according to Somner; or from avoir, to have or receive, according to Cowell.] In old English law. A reserved rent in corn, [grain,] paid to relig

Fr. [from Lat. verus, true.] To aver, to prove, to make out to be true. Si Jon pusse averer que Peres, <fec.; if John can prove that Peter, &c. Britt. c. 75. Si ceo soit avere, si

Lat. [L. Fr. avers, from ouvre, or ouvrage, work, labor.] In old English law. Working cattle {operaria animalia,) as horses, oxen, mules. Spelman, Beg. Orig. 81 b— 83. Chattels {ca

Lat. [from Fr. ouvre, work, or aver, to have.] A live beast, or working animal. Melius averium; the best beast. Bract. fol. 60. De meliori averio suo, vel de secundo meliori; of hi

Lat. Full weight, or aver de pois. De qualibet libra de averio ponderis, tres denarios; of every pound of avoirdupois, three pence. Cart. 3 Edw. II. cited in Cowell.

In old English law. Land ploughed and manured by tenants with their cattle {cum averiis suis), for the • proper use of a monastery, or the lord of the soil. Bl Stnt

In pleading. A positive statement of facts, in opposition to argument or inference. 1 Ckitt PL 320. Usually expressed or introduced by the words, — " And the said avers, and in fac

[L. Lat. verijicatio.] In old pleading. An offer to prove a plea, or pleading. The concluding part of a plea, replication, or other pleading, containing new affirmative matter, by

Averpeny. [quasi average penny.] In old English charters. Money contributed towards the king's averages, (carriages cum averiis); or money given to be freed thereof. Rastal Expos.

Averrare. L. Lat. [from Lat. operare, to labor, according to Spelman.] In old English law. To carry goods upon loaded horses, or other beasts, or in a wagon, (cum averiis vel curru

Fr. Beasts or cattle. Britt c. 27. Litt sect. 212.

Lat. [from Fr. avoir, to have.] In old law. Goods, property, substance, royal treasure. Spelman. A beast of burden. Id. See Aver. AVERSIO PERICULI. Lat. In maritime law. An avertin

In Scotch law. To abet or assist. Avetting; abetting, helping or assisting. Scotch Dict. Tomlins.

Lat. In the civil law. A grandmother. Inst 3. 6. 1.

Lat. From the bond of marriage. 1 Bl. Com. 440. 2 Kent's Com. 95. See Divorce. AB. Lat. From, by, of. See A. At, in. See Ah initio. 4 Used m the composition of official titles, as

Lat. In old English law. Advice, counsel. De avisamento et consensu consilii nostri concessimus, (by the advice and consent of our council we have granted) was the common form of t

Fr. To advise. Kelham. Avisement; advisement, determination. Id, Aviz; advice, opinion. Id, JiyOEG,Avoec Jces,Auveqs, L.Fr. With. Kelham,

Avoueson. L. Fr. An advowson; patronage, foimdation. Id.

To render void. " How a deed may be avoided, or rendered of no effect." 2 BLCom, 308. In pleading. To evade, or escape. A party may confess and avoid the allegations in his adversa

A makiug void, or of no effect. See Avoid. In English ecclesiastical law. A state of being void or vacant. The condition of a benefice, when void of an incumbent; the opposite of p

^wrdwpow. Fr.[from avoir du poids, or aver de peys, to have the proper weight; or from averer, to verify, to be of the true weight; L. Lat. averium ponderisI\ The name of the commo

Fr. and Eng. [L. Lat. advocatio, from vocare, to call or summon.] In old English practice. The calling or summoning into court by a tenant, of a person bound to him to warranty; th

Advow. [L. Lat. advocare.l In pleading. To acknowledge and justify an act done. See Avotory.

Avoue. L. Fr. An avowee, advowee, or patron of a church; he to whom the right of advowson belongs. Britt, c. 96. Stat. Westm. 1, c. 1.

[L. Lat. advocatio, q. v.] In pleading. A pleading in the action of replevin, by which the defendant avows (advocat), that is, acknowledges the taking of the distress or property c

In old English law. An adulterer. Termes de la ley. See Advowtry.

Adultery. Termes de la ley. See Advowtry.

[Lat. avulsio, from aveU lere, to pluck or tear awa^.] In the civil and common law. A tearmg off, severing, or forcible disruption; the sudden removal of soil from one man's estate

Lat. [Gr. m^Q^^^^q>og, de Xos.'] In the civil law. A maternal uncle; a mother's brother. Inst. 3. 6. 1. 2 Bl. Com. 230. Avunculits magnus; a great uncle, a grandmother's brother, (

Lat. In the civil law. A grandfather. Inst. 3. 6. 1.

Awayte. In old statutes. A waylaying, or lying in wait to do mischief. Stat. 13 Ric. II. c. 1. Cowell. Blount.

[L. Lat. awarda, awardum; L. Fr. agard, from Fr. agarder, to be guarded, observed or kept; so called because it is imposed on the parties to be observed or kept by them; {quod ad o

Awardum. L. Lat. An award. Spelman.

Aweroust, Awroust, Atorust. L. Fr. Doubt, ambiguity, uncertainty. Kelham. L. Fr. Diet.

Aumu, Awame. In old English statutes. A measure of wine, or vessel containing forty gallons. Cowell. Blount. Termes de la ley.

Awe Ahine. Sax. A domestic. See AgenhiM.

In French law. An assignee. Bouvier.