A New Law Dictionary and Glossary

In the civil and common law. A personal action. The ordinary term for this kind of action in the civil law is actio in personam, (q. v.) the word personalis being of only occasiona

In the civil law. A praetorian action; one introduced by the praetor, as distinguished from the more ancient actio civilis, (q.v.) Inst. 4. 6. 3. 1 Mackeld. Civ. Law. 189, § 194.

An action brought for the recovery of a several thing, {res propria,) as distinguished from a thing held in common. Bract, fol. 103 a.

In the civil law^ An action which lay for one who had lost a thing of which he had bona fide obtained possession, before he had gained a property in it, in order to have it restore

In the civil law. An action given against a master, founded on some business done by his slave, acting under his order, (jussu.) Inst. 4. 7. 1.

In the civil law. An action granted to one who had been compelled by unlawful force, or fear (metus catisa) that was not groundless, (meius probabilis or Justus,) to deliver, sell

In the civil and common law. A real action. More commonly termed in the civil law actio in rem, (q. v.) Inst. 4. 6. 3. Jd. 4. 17. 2. The barbarous word realis is of frequent occurr

In the civil kw. An action which lay to compel a vendor to take bade, (redkibere,) the thing sold> and return the price. Diff. 21. 1. 21. Meinecc. £lem. lib. 3, tit. 24, § 913. Fot

In the civil law. An action for the recovery of a specific thin^, (m persequendcs causA comparata,) or £mages; as distinguished from the actio pcenos persecutoria, and the actio mi

In the civil law. An action for rescinding the title by prescription in certain cases; as where a person, while absent in the service of the state, had gained a prescriptive title

In the civil law. An action which lay for the lessor of a farm, or rural estate, to recover the goods of the lessee or farmer, which were pledged or bound for the rent. Inst. 4. 6.

In the civil law. A special action; an action brought to enforce the delivery of one or several single thmgs. 1 Mackeld. Civ. Law, 193, § 196. Dig. 6. 1. 1.

In the civil law. An action of strict right. A species of action ex contractu, in which the judex was limited to the precise words of agreement between the parties, as expressed in

In the civH law. A temporary action; an action limited to a certain time, within which it was to be instituted, on pain of losing it; the oppomte of actio perpetua, (q. v.)* Inst.

In the civil law. An action for distribution; (Lat. tribuere, to distribute;) an action which lay for the creditor of a son or slave, who had traded upon his peculium, with the kno

In the civil law. An action for goods taken by force; a species of mixed action, which lay for a party whose goods or moveables had been taken from him by force, iiona,) vi;) to re

In the civil law. A common action; another name for the actio directa. 1 Maeheld. Civ. Law, 189, § 194. Bract, fol. 103 a.

An act done or suffered by a trader, tending to defraud his creditors, ^as by endeavoring to avoid them, or evade tneir just demands,) by which he becomes a bankrupt, within the me

In Scotch law. The act of breaking through any restraint imposed by deed, by covenant, or by a court. Karnes* Equity, Pref. 1 Id. 228.

In Scotch law. The act extracted by the clerk, upon any one's acceptance of being curator. Forbes* Inst, part 1, b. 1, ch. 2, tit. 2. 2 Karnes* Equity, 291. Corresponding with the

[Lat. actus Dei; Fr. Dieu son acte.] Inevitable accident, or casualty; any accident produced by any physical cause which is irresistible, such as lightning, tempests, perils of the

In English law. The statute of 12 <fe 13 Will. III. c. 2, by which the crown of Great Britain was limited to the present royal family. 1 BL Com. 128. 2 Steph. Com, 490.

In English law. The statute of 13 & 14 Car. II. c. 4, enacting that the book of common prayer, when recently revised, should be used in every parish church, and other place of publ

In English law. Hie statute of 5 Anne, c. 8, by which the articles of union between the two kingdoms of England and Scotland were ratified and eonfirmed. 1 Bl. Cam. 97.

A name given to the statute De mercatoribu Sf 13 Edw. I., ordaining the statute merchant for the recoyery of dehts; which was so called from the castle of Acton Bumel, in Shropshir

Lat. [from agere, to act, to do, to move.'] In the civil and common law. The party who institutes or prosecutes an action, {qui lege agit;) a plaintiff. Inst. 4. 6. 30, W, 38. Id.

Lat. A female actor, or plaintiff; as the demandant in an action of dower. Bract, fol. 307 b.

In Scotch law. Ordinances made by the court of session, for regulating the forms of proceeding to be observed in all actions or matters which may be brought before them. Ersk. Inst

The actual price paid for goods by a party, in the case of a real bona fide purchase, and not the market value of the goods. Story, J., 2 Story's E. 421, 429. 2 Mason's R. 48. So d

Lat. [from acta, q. v.] In the Roman law. An officer who took down in short hand, (like a modern reporter,) what was said or done, (acta,) before the public magistrates; an actuary

[Lat. actuarius.] A secretary, clerk, or register of any public bodvi or association; particularly of an ecclesiastical body, or court. Cowell. Blofiint. The manager of a joint sto

pl. Acta. Lat. [from agere, to do.] Done; a thing done; an act, or deed. Quodcunque scriptum sit quod actum, videatur etiam actum; whatever is written as done, (alleged in writing

Lat. [from agere, to drive.] In the civil law. A species of right of way, consisting in the right of dri\dng cattle, or. a carriage, {jus agendi jumentum vel vehiculum,) over the l

Lat. [from agere, to do.] An act of Parliament; a statute. 8 Co, 40. [20.] 4 Reeves Hist. E. L.\\\,

In the civil law. An equitable, or beneficial action. 1 Kaufm. Mack. Civ. Law, 268, note. An action which lay by, or against a principal, on the contract of his agent. Story on Age

(or De clerico admittendo; for admitting a clerk.) L. Lat. In English law. A writ, in the nature of an execution, in the action of guare impedit, founded on the judgment, (that the

Lat. To another tribunal. 2 Inst. 602. 5 Mason's R. 43. "It belongs ad aliud examen" is an expression frequently used in the opinions of courts, where cognizance or jurisdiction of

Fr. To provdte. X. /v. Diet. Kdham. Adayement; provoca* tion. Id.

Lat. At the common law. The name of a species of writ of entry, now obsolete. Formerly, when tenant for life, in dower, or by the curtesy, aliened in fee, tail, or for life, the la

Lat. To appear. Reg. Grig. 60 a. Ad comparendum, et ad standum juri; to appear and to stand to the law, or abide the judgment of the court. Cro. Jac. 67.

Lat To render an account. Stat. Westm. 2, c. 11.

^ Lat. To consult; for the purpose of consultation. Bract, fol. 5 b. 1 Bl. Com. 227.

Lat. At the costs. Reg. Jud. 9 a. Ad ejus propria custagia; at his own proper *costs. Towns. PI. 18. See Custagia.

Lat. At the cost. Ad custum ejus; at his cost. Bract, fol. 234 a. Ad custum suum, vel custum tuum; at his cost, or yours. Id. fol. 328. Adcustus; at the costs. Reg. Grig. 279 b.

Ad dampnum. L. Lat. To the damage. In pleading. The emphatic words of the clause at the end of the declaration, when in Latin, in which a certain amount of damages was claimed. Ad

Lat. To defend. 1 Bl. Com. 227.

Lat. To adjudge or condemn; to assign, allot, or deliver; to •ell. In the Roman law, addico was one of the three words used to express the extent of the civil jurisdiction of the p

Lat. [from addicere, q. v.] An assignment by the sentence of a court. By the old Roman law, if the party who was cast in an action did not obey the sentence of the court within thi

Lat. In the civil law. A sale made with a clause or agreement that the contract shall not hold if the seller afterwards, and within a certain space of time lunited by the contract,

Lat. At a day; at the day. Towns. Pl. 23. Ad certum diem; at a certain day. 2 Stra. 747. Solvit ad diem; he paid at, or on the day. 1 Chitt. Pl. 485. Ad ea quae frequentius accidun

Lat. An addition, (q. v.) Additio probat minoritatem. An addition, [to a name] proves, or shows minority. 4 Inst. 80. Wingate's Max. 211, max. 60. This maxim is applied by Lord Cok

The title or description of a person in law proceedings, given in addition to his name, for the purpose of more accurate designation, and showing his estate, degree, mystery and pl

Fr. A promoter, or setter up of causes. Id.

^rfrmcr. L.Fr. To hold up; to erect^. Addresseroient en haut lour maynes dextres; should hold up on high their right hands. Id.

[Lat. adimere, to take away,] To take away, take back, or revoke, as a legacy. Ward on Legacies, 2&1. See Ademption.

LaU To the effect, or end. Co Litt. 204 a. 2 C7ra6&*« i Jwi Prop. 802, § 2143. Adeffectum seguentem; to the effect following. 2 ^a/A:. 417.

Lat. [from adimere, to take away, revoke, adeem.] In the civil law. A revocation of a legacy; an ademption. Inst. 2. 21. pr. Where it was expressly transferred from one person to a

[Lat. ademptio, q. v.] A taking away, or revocation; a term derived from the civil law. See Ademptio. Ademption of a legacy is the taking it away from the party to whom it has been

Lat. So, as. Adeo plene et integre; as fully and entirely. 10 Co. 66. See Adire.

Fr. First, at first, for the first time. Kelham.

Fr. In arrear, behind. Litt. sect. 151.

Fr. Under, beneath. Kelham.

^rfowittn^ L. Fr. Before. Id.

Lat. For recompense; to make recompense. Bract. fol. 12 b. 37 b. Ad escambium. Id. fol. 27 a. See Hxcamhium. AD EXH^REDATIONEM. L. Lat. To the disherison, or dismheriting; to the i

Lat. At issue; at the end (of the pleadings.) Steph. PL 24. See Uxittts, Issue. AD FACIElfDUM. Lat. To do. Co. Litt. 204 a. 2 Crabb's Real Prop. 808, § 2145. Ad faciendum, subjicie

Lat. (Trom ad, to, and ferrum, iron.] In the civil law. The welding together of iron; a species of adjunctio, (q. v.) Called aho ferruminatio. Dig. 6. 1. 23. 5. 1 Mac Jceld Civ. La

Lat. Under allegiance; owing allegiance; bound to allegiance, or fealty. Quia est ad fidem regis Franciae, et nihil capere poterit antequam fiat fides regi Angliae; because he owes

Affines. Lat. [from ad, to, and finis, a border, or limit.] In the civil law. Relations, or connections by marriage; so called, because the families {cognationes,) of the husband a

Lat. To farm. Ad firmam dimittere; to let to farm; to farm let. Bract, fol. 12 b. See Farm, Firma. For a farm, or temi. See Id. At a farm, or rent. See Id.

Lat To deliver the ffaols. Bract, fol. 109 b. Reg.Jvd. 30. Aa gaolam ddiberandam; to dehver the gaol; to make gaol delivery. Bract, fol. 110 b.

Adgisantz. L. Fr. Adjacent. Kelham. ADIATHETOS, Adiathetos. Gr. [from a, priv., and diatithemi, dispono, to dispose.] In the civil law. Intestate, an intestate; one who fails or ne

Lat, To this; hereunto. Toums. PL 22. Ad hocfacit; it makes to, or for this; it favors this doctrine; it goes to establish this point, or principle. Bract. foL 53 b. A common expre

Lat. To the same point. Ad idem facit; it makes to, or goes to establish the same point. Bract, fol. 27 b. 29 a. A very common expression in Bracton, in referring to adjudged cases

MONEY OF. See Money of Adieu.

Lat. To that; thereto, or thereunto. Toums. PL 22.

Lat. Thereunto. Ad ttufe re^m(tM; thereunto required. Toums. PL 22.

Lat. T* inquire. Breve ad inquirendum; a writ to inquire; a writ of inquiry. A judicial writ, commanding inquiry to be made of any thing relating to a cause pending in court Cou>el

Lat To itinerate. Justitiarii ad itinerandum de eomitatu in comitatum; justices to itinerate from county-to county. Bract, fol. 108 b. See Iter,Justitiarius. AD 'JUNGENDUM AUXILIUM

Lat. [from adire, q. v.] In the civil law. An entering upon an inheritance. Dig. 29. 2. See Adire.

Lat. [from odtre, to go to.] A public road; bein? not only a footway {iter,) and horseway, [actus,) but also a cart or carriage way: and is either regia via, the kmg's highway for

[Lat. adjacens, from adjaeere, to lie to, at, or upon.] Lying near to, or in the neighborhood of. 1 Cooke's R. 128. 4 Peters' Cond.Rep. U. S. 96. This word formerly signified adjoi

Adjoumare, Adjumare. L. Lat. [from Fr. adjoumer, q. v.] To adjourn. Adjoment assisas; they shall adjourn the assises. Stat. Westm. 2, c. 80. Anciently, to summon. See Adjourn.

Adjurnatus. L. Lat. [from adjornare, or adjurnare, q. v.] Adjourned. Quae quidem recordum et processus adjornata sunt coram vobis; which record and process are adjourned before you

Lat. [from adjoumare, to adjourn.] It is adjourned. A word with which the old reports very frequently conclude a case. 1 Ld. Raym. 602. See Et adjoumatur.

Fr. [from yo«r, a day.] To give, or assign a day; to summon to appear at a day. Spelman, voc. Jdjumare. To give another day, that is, a day after a day of appearance; to adjourn. L

Adjuster. L. Fr. To put to; to add or reckon; to make even; to set right. L. Fr. Diet.

Lat. [from odf, to, and judicare, to judge; L. Fr. adjudger.] To adjudge, to determine; to decree to a person; to assign by judgment, i. e., by the act of a court. Adjwlicatum; adj

Lat. [from adjudicare, q. v.] In the civil law. An adjudication; an assignment b^ judgment; the adjudging of the ownership of a thing, by a court. One of the legal modes of obtaini

[Lat. adjudicatio, from adjudicare, q. v.] The act of giving judgment, or pronouncing a sentence or decree; the judgment itself, so given. A settlement by judgment, decree or sente

In Scotch law. A species of diligence, or process for transferring the estate of a debtor to a creditor, carried on as an ordinary action before the court of session. Ersk. Inst. b

Lat. [irom adjungert. to join to, to annex.] In tne civil law. Adjunction; a species oi accestio, whereby two things belonging to different proprietors are brought into firm connex

Lat. Incident. See Extincto suhjecto, &c,

or REGIA. L. Lat For [preserving! the rights of the crown. The name of a writ, in English practice, brought by the king's clerk when presented to a livmg, agunst hiin who sought to

In marine insurance. The adjustment of a loss is the settling and ascertaining the amount of the indemnity which the assured, after all allowances and deductions are made, is entit

Lat. At large; at liberty; free, or unconfined. Ire ad largum; to go at large. Plowd. 37. At large; giving details, or particulars; in extenso. A special verdict was formerly calle

Lat. For a, or the suit; with reference to a suit; for the purpose of prosecuting or defending a suit. 2 Sieph, Com, 338. A term commonly applied to guardians. AD LUCRANDUM VEL PER

Lat. [from ad, to, and mallum, a court.] In old European law. To cite or summon to court; to sue. X. Salic, tit. 59. Marculf, lib. 1, c. 21. Spelman,,

[L. Lat. admensuratio, amensuratio.l A measuring out: an assignment by measure; an adjustment, or allotment according^ to certain fixed limits, or in certain proportions. The name

Writ of, [L. Lat. breve de adm^ftsuratione dotis,] In English law. The name of a writ to which an heir is entitled, where a man's widow, after his decease, holds from the heir more

Writ of. [L. Lat. breve de admensuratione pasturcB.] In English law. A writ which lies between those that have common of pasture appendant, or by vicinage, in cases where any one o