A New Law Dictionary and Glossary

Lat. [from affinis, q. v.] In the civil law. Affinity; relation by marriage. Inst. 1. 10. 6. See Affinity, Adfines,

[Lat. affinitas, q. v.] Alliance, nearness or relation by marriage. Co. Litt. 157 a. 1 Bl. Com. 434. The relationship which marriage occasions between the husband and the blood rel

[Lat. affirmare, to make firm; L. Fr. affirmer.] In practice. To ratify, or confirm a former law, or judgment. Cowell. Blount. Used in this sense by West, and Crompton. West Symbol

The confirming, or ratifying a former law, or judgment. CotoelL Blount. Used in this sense, in the statute 8 Hen. VI., c. 12. Id, The confirmation of the judgment of a court by a s

A person who affirms, in place of making oath. See Affirmation. Used in affidavits and depositions which are affirmed, instead of sworn to, in place of the word deponent,

Lat.. and L. Lat. To make firm, confirm, or ratify. See Affirm, To aver, or state a thing, in pleading. Amrmana, non necantilHCBnibit prvbatio. The proof lies upon him who affirms,

In practice. A solemn declaration made before a court, judge, or other authorized officer; an indulgence allowed by law to persons professing to have conscientious scruples against

Fr. An aflfeeror. See Affeeror.

Adfixus, Lat. [from ad, to, and fixus, fixed.] In the civil law. Affixed, fixed or fastened to. Statuce affixae basibus structilibus, aut tabula religatm catenis, aut erga parietem

Fr. To estimate, assess, or tax. See Afferer.

Aforce. [L. Fr. aforcer; L. Lat. affortiare.] In old English law. To apply, or exercise force; to use compulsory measures; to add to, or increase. Afforcing an assise was the produ

Aforcer. L. Fr. To strengthen; to add to, or increase; to compel, or enforce. Kelham.

Lat. [from afforciare, to make strong.] A fortress or stronghold, or other fortification. Cowell. The calling of a court upon a solemn, or extraordinary occasion. Id. See Aforciame

[L. Lat. afforestare.] To turn into a forest, (in forestam convertere.) Spelman, voc. Afforestare.

[L. Lat. affraia, from Fr. affraier, effrayer, to affright.] In criminal law. The fighting of two or more persons in some public place, to the terror of others; and there must be a

Affretamentum. L. Lat. [from Fr. fret, freight.] An affreightment, or freightment. Rast. Entr. 24. Pat. 11 Hen. IV., cited in Cowell.

Lat. Freighted. Bast. Entr. 409. Towns. PL 50.

[L. Lat. affrectamentum, q. v.] In maritime law. The freighting or affreighting of a ship; that is, the hiring and letting to hire of a vessel for the conveyance of goods on a cert

Afri, Affra, L. Lat. [probably the same with L. Lat. averia, Fr. avers, affers.] Plough cattle, bullocks or plough horses. Affri, or afri carucae; beasts of the plough. Reg. Orig.

Fr. Of necessity. l Att. sect. 455. See Fine force.

Lat. In old English law. An affbrcement; a strengthening, adding to; increase. Aforciamentum plegiorum; aforcement of pledges. If a defendant did not appear after the first attachm

[L. Lat. pradictus, prcrfatus, praredtaius.l Before, or already said, mentioned, or recited; premised. Plowd. 67. Foresaid is used in Scotch law. See Prcedictus, Prarfatus.

In criminal law. Premeditated. See Malice aforethought.

The grass which grows after the hay has been made; the second mowing or crop of hay. 2 Wooddes. Lect. 61. The right to the last crop, or pasturage. 1 Chitt. Gen. Pr. 181.

Fr. [from agarder, q. v.; L. Lat. awarda.] An award. Nul fait agard; no award made. See Award.

L. Fr. To award, adjudge, determine, ^t come la court agardre; as the court shall award. Stat. Westm. 1, c. 44. Le breve fait agard bon; the writ was held good. Beg. Orig. 97 b, no

Lat. (You go to the court.) In English practice. A writ which lies at common law, to remove a cause from an inferior court not of record, such as a hundred court, or court baron, i

Awe,Aive. L.Fr. Water. Kelham.

\L. Fr. age, L. Lat. cetas.] A period of lue at which persons become legally competent to do certain acts, or enter into certain contracts, which before they were incompetent to do

[Lat. procuratio.] The relation or office of an agent;* the relation between principal and agent. Story on Agency, § 3. The administration or management of the business of another

Sax. The true master or owner of a thing. Spelman.

Awenhine, Awnhine. Sax. [from agen, own, and hine, a servant.] In Saxon law. A domestic or inmate; one belonging to the family or household. Frum night uncuth^ twanight gest, thrid

Lat. [from agere, q. v.1 One who acts or does an act; in the "nfl civi Flaw, a plaintiff. Inst. 4. 6. 33. Hence the English agent. Agentes et consentientes pari poena plectentur; t

[from Lat. agens, acting, one who acts, from agere, to act or do: Lat. procurator, vicarius.] One who acts for another; one who is employed by another to do any act for his benefit

In old law. Agent and subject; doer and receiver.* Where the same person was the doer of a thing, and the party to whom it was done, he was termed agent and patient; as where an ex

\L. Fr. age prier; L. Lat. c Btatis precatio.l In old English practice. A prayer for age; or for the allowance of a privilege or indulgence, on account of age.* At common law, in m

Lat. A field; open country. Ager est locus qui sine villa est. Dig. 50. 16. 27. Land generally. Bract. fol. 9. Sic enim debere quem meliorem agrum suum facere, ne vicini deteriorem

Lat. A dam, bank or mound. Towns. PL 48.

[Lat. aggregatus, from ad, to, and grex, a company or multitude.] Composed of several; consisting of many persons united together. 1 Bl. Com. 469. See Corporation.

Sax. [from a, without, and gild, a payment.] In Saxon law. Free from penalty, (sine mulcta vel compensatione;) not subject to the payment of gild, or weregild, that is, the customa

Lat. A hayward. herdward, or keeper of cattle in a common field. Cowell.

Fr. To lie. Agieant; lying. L. Fr. Diet.

[L. Lat. agistare; from ad, to, and Norm, gister, or gi9er, to lie or lay.] To put, place, or lay to, or near, (adjicere, apponere, remjuxta aliam collocare;) to adjust, (Fr. adjou

Lat. [from agistare, q. v.] An agistment, apportionment, or feeding of cattle. Spelman, voc. Agistare. Termes de la ley. A duty or tax for repairing banks, dykes or sea walls, levi

Lat. [from ad, to, and Norm. gister, to lie, lay or place.] To adjust, assign, apportion, assess; to assign or apportion cattle, or other animals, to a feeding ground. Unusquisque

Lat. [from agistare, q. v.] The lavini \ or assessing a proportion of duty upon lands, for repairing sea banks and walls. Cowell.

[L. Lat. irora agistare, q. v.] An officer of the forest who took account of cattle there agisted; sometimes called gy St- taker or guest- taker. Cowell. Crompt. Jur. fol. 146. 4 I

Agistor. [L. Lat. agistator.] One who agists or takes in cattle and horses to pasture at a certain rate. Story on Bailment, § 443. See Agist, Agistment.

[L. Lat. agistamentum.] The taking in of horses, or other cattle, to graze and depasture in one's grounds at a certam rate. 2 Bl. Com. 452. See Agist. Called anciently ^t Mm^^. Cow

Lat. [from agere, q. v.] A termination in the composition of Latin words, answering to the termination age, in English, signifying service or duty: as homagium, (servitium hominis,

Agnasci. Lat. [from ad, to, and nascor, nasci, to be born.] In the civil law. To be born to one; to have issue after making a will. Constat agnascendo rumpi testamentum; it is clea

Afftiats, [Lat. affnaii.] In the law of descents. Relations by the father. These words are used in the Scotch law, and by some writers, as English words, corresponding with the Lat

Adgnati. Lat. In the civil law. Relations by the father; relations through males; translated in Scotch law, and sometimes by English writers, agnates or agnais, (q."v.) 2 Si. Com.

[from Lat. agnati, q. v.] Derived from, or through males. 2 Bl. Com. 236.

Lat. [from agnatio, q. v.] In the civil law. Relationship on the father's side; agnation. Agnatio a patre est. Inst. 3. 5. 4. Id. 3. 6. 6. Birth, especially after a will; an additi

Lat. In the Roman law. The last of the four names used among the Romans; the other three being the prcenomen, the nomen, and the cognomen; a name assumed or added from some particu

Aggreamentum. L. Lat. An agreement. Spelman. This Latin form of the word agreement has led to the fanciful etymology adopted by Plowden, Cowell, and other writers, which makes it t

Lat. To agree. Agreavit; he agreed. Convenit, promisit, et agreavit ad et cum, <fec.; he covenanted, promised and agreed to, and with, &c. Hob. 34 b. Corrupte agreatum fuit; it was

[L. Lat. agreare; from Fr. aggreer, from Lat. aggredi, to go or come to.] To come together, unite or concur, {congredi;) to be of one mind as to a thing {ire in eandem sententiam;)

[L. J^sit. agreamentum, Concordia; Lat. conventio, pactum.] A coming together of parties in opinion or determination*; the imion of two or more mmds in a thmg done, or to be done;

Ayde. [from Fr. aide; Lat. auxi- Hum, adjutorium, subsidivm.^ In feudal law. A kind of pecuniary tribute paid by a vassal to his lord, on occasions of peculiar emergency, and which

In criminal law. A phrase applied in the common law to aiders and abettors, technically so called. 1 Russell on Crimes, 26. See Abet. Construed, in the act of Congress, 20th April,

Ayd-pryer. [L. Fr. aide-prier; L. Lat. auxilii petition In old practice and pleading. A prayer m aid, or for aid; a prayer or petition to the court, by a tenant in real actions, fo

Aieul, Aile, Ayle. L. Fr. A grandfather. F. N..B. 221, in marg.

Ayel, Aile, Ayle. In old practice. A writ which lay for an heir to recover the possession of lands on the seisin of his grandfather, {aiel or aieul.)* Called by Roscoe a possessory

Fr. Thus, so; even so; after the same manner; so that; unless. Ainsi come; even as it were. Ainsi soil il; 80 be it, L. Ft, Diet. AmER,Aerer, L. Fr. To plough. See Arer.

Aysiamentum, Esamentum. L. Lat. [from Fr. aisS, convenience.] An easement or privilege. Glanv. lib. 12, c. 14. Bfg, Orig. 166 b. Spelman,

Aisnesse. L. Fr. jX. Lat. aesnecia, q. v.] The right or privilege of the eldest, or first bora; esnecy, (q. v.) Spelman, voc. Aesnecia. Kelham gives ainneesche as another form.

Ayant. L. Fr. Having. Ajants, aienz; having. Kelham,

Fr. Burning in the hand. See Burning in the hand,

Autre. L.Fr. Another; other. Litt. sect. 39. Auters; others. Id. sect. 88. See infra.

Fr. To summon. Ou n'ajournoit ]x>int par pairs, car les pairs ne pouvoient ajoumer leur seigneur; mats ils pouvoient ajoumer jtwwr leur seigneur; he could not summon by the peers,

L. Lat. From the side; on, or at the side; collaterally. A term used in the old law of descent, to denote collateral, as distinguished from lineal succession: lineal heirs being in

Lat. \L.¥t. blanche fearm^.] White farm, or rent; blanch farm. Rent payable in silver, or white money, (argento quasi censu albo,) as distinguished from that which was anciently pa

See Albinatu^.

Albinus. L. Lat. [quasi alibinu^, alibi natu^, bom elsewhere or in another country; Fr. aubaine.] In old French law. A stranger, alien or foreigner; (Lat. advena, extraneus; old En

Albanagium. L. Lat. [from albanus, or albinus, q. v.] The»state or condition of an alien or foreigner. See infra.

Albanagii jus. L. Lat. [Fr. droit d*aubaine or d'aubenage.! A right and privilege which formerly existed in France, entitling the king, on the death of an alien, to all he was wort

In Spanish law. A magistrate or judge. 12 Peters^ B, 442, note. 1 White's Becopilacion, 419.

[Sax. ealdarman, L. Lat. aldermanni Ls.'] A member of the corporation or common council of a city or corporate town, elected by, and representing the inhabitants of a ward, and hav

Lat. An alderman. Spelman. Chart. Civit. London, 22 I^av. 50 Edw. III. Consiliarii alias aldermanni; counsellors, ot)ierwise aldermen. T. Raym. 435. AlDBRMAKlOTS TOTIUS ANOUiB. L.

Lat. Aldermanry, aldermanship; the office of an alderman. Chart. Civit. London, 22 Nov. 60 Edw. Ill

[Fr. contrat aleatoire; from Lat. alea, hazard.] In the civil law. A mutual agreement, the effects of which, with respect both to the advantages and losses, whether to all the part

[L. Lat. gustator cervisiae.] An ale taster; an officer anciently appointed in every court leet, and sworn to examine and assay the beer and ale, and to take care that they were go

Fr. To relieve, ease, repress, ^Alegge; relieved, eased, redressed. Kelhart^

Fr. [L. Lat. ire sine die.] In old practice. To go without day; to be dismissed from court without further day assigned for appearance, or without any continuance to any certain da

See Alleu.

[Sax. alfath, from alan, to heat, and faet, a vessel.] In the ordeal by boiling water, was the cauldron containing the water, in which the accused dipped his arm up to the elbow. C

Lat. In pleading. Other wrongs. Words used in the old declarations, in actions of trespass, which, after stating the particular trespass complained of, concluded, — "et alia enormi

Aliaunce, Alienee. L. Fr. Confederacy, allegation, allegiance. Kelham. See Alliance,

Lat. In practice. Otherwise. See Alias dicttis. At another time, on another occasion, formerly, before. A word used in the Latin forms of English writs from a very early period, in

Lat. In crimmal law. Elsewhere, in another place. A term used to express that mode of defence to a criminal Srosecution, where the party accused, in orer to prove that he could not

[Lat. alienigena; L. Fr. alien nee; from alienus, q. v.] A stranger born; a person born in another or foreign country, as distinguished from a native or natural born subject or cit

The condition or state of an alien. See Alienism,

Fr. An alien friend. An alien resident, who is the subject or citizen of some friendly power or state. Alien enemy is an alien who is the subject or citizen of some hostile state o

Lat. [from alienus, another's.] In the civil and common law. To alien, or alienate; to make another's, (alienum facere;) to transfer to another, (in alium transferre.) Inst. 2. 1.

[Lat. alienare, q. v.] To convey or transfer; the same as to alien, which is the more common word. See To alien, f

Lat. [from alienare, q. v.] In the civil law. The transfer of the ownership of a thing to another; alienation. Inst. 2. 8. pr. Dig. 50. 16. 67. An implied transfer by prescription,

[Lat. alienatio, q. v.] Transfer to another, (in alium); the act of making a thing another's, (alienum); conveyance, particularly of real estate, comprising any method wherein esta

To transfer, or convey. 2 BL Com. 290.