A New Law Dictionary and Glossary

Lat. [from ampliare, q. v.] In the civil law. A deferring of judgment until a cause be further examined. Cowell. An order for the re-hearing of a cause on a day appointed, for the

Ami. L. Fr. [Lat. amicus.] A friend. See Alien amt/, Prochien amy. One who is next of blood, or kin. l Att. sect. 123. Co. Litt. 88 a. See Cousin. AN, Ane, Aenne. Sax. A, one, sing

Lat. From birth. Reg. Orig. 266 b. 3 Bl. Com. 332. A non posse ad non esse sequitur argumentum necessarie negative. From the impossibility of a thing to its non-existence, the infe

[Lat. anatocismus, Gr. anatokismos, from ana, again, and tokos, interest.] In the civil law. Repeated, or doubled interest; compound interest. Cod. 4. 32. 1. 30.

[L. Fr. auncestre; L. Lat. antecessor, from antecedere, to go before.] In the law of descents. One who has gone before, or preceded in the seisin or possession of real estate; a de

Ancestrel. [L. Fr. auncestrel.] Relating to ancestors, or to what has been done by them; as homage ancestrel, (q. v.) Derived from ancestors. Ancestral estates are such as are tran

[L. Fr. auncien demeyne; L. Lat. antiquum dominicum, vetus patrimonium domini.] In English law. A species of copyhold tenure existing in certain manors which, though now perhaps gr

In the law of estates. A house which has stood so long as to acquire the privilege of support from the land of another adjoining it; so that the owner of the latter cannot excavate

or WINDOWS. In the law of estates. Lights or windows in a house, which have been exclusively enjoyed, without interruption, for twenty years and upwards. To these the owner of the

Readings or lectures upon the ancient English statutes, formerly regarded as of great authority in law. Litt. sect. 481. Co. Litt. 280. Lord Coke has very graphically contrasted th

In English law. A title given to cerfcun members of the Inns of court and chancery. Cowell. Holthouse. Wharton. Serjeants were distinguished as ancient and puisne. Cro. Jac. 2, 671

In evidence. Deeds^ wills, leases and other instruments more than thirty years old. 1 Phillips' Evid. 477. Cowemfc Hill's note, in loc.

[L. Fr. anciennete.] In old English law. Seniority, or esnecy, (q. v.) Stat. Hibern. 14 Hen. III. Cowell.

[L. Lat, ancillaris, from ancilla, a hand-maid.] Attendant upon; subservient to; auxiliary; subordinate; dependent. An appointment is said to be ancillary to the former deed contai

in written instruments, is frequently construed to mean or, where reason and the intent of the parties require it. Thus, where A. covenanted with B., to renew a lease for years of

Lat. Anjou in France, Magna Charta, in pr.

In English practice. Sessions or courts held by two or more commissioners called judges of assise, (or of assise and nisi prius,) who are twice in every year sent by the queen's sp

[Gr. dvd^Xfjtpia, from dy^^, a man, and ^ifig, a taking.] A term anciently applied to the taking by one nation of the citizens or subjects of another, for the purpose of enforcing

Enecius, Enetius. L. Lat. [L. Fr. aisne.] The eldest or first born. Spelman, voc. Aesnecia. See Aesnecy, Esnecy, Esnecius.

Fr. A year and a day. Lean et lejour. Britt. c. 6. Un an et un jour. Id. See Vear and day. AN, JOUR ET WAST. L. Fr. Year, day and waste. Term^s de la lei/. See Year, day and waste.

L. Lat. [Gr. Ayya^^iot, from dj'/a^os, one aent or compelled to go.] In feudal lav. That which is exacted by a supeiior beyond what is due, {idquodprcB' ter dehiium exigitur,) Speh

Angeld. Sax. [from an, one, and gild, a payment or satisfaction; L. Lat. angildum, angildus.] In Saxon law. The single value of a man, or other thing, (simplex valor hominis aut re

See Engleterre.

Lat. In English. A term anciently used in pleading, where a thing was described both in Latin and English; the Latin word being first given, and then the English, preceded by the w

Anlote, Anlot. Sax. [from an, one, or own, and hlote, a portion, or share.] In Saxon law. One's own portion; an individual tax; a share in a general tax. Anlote and Anscote is ment

L. Fr. [from Lat. nichil, or nihil^ nothing-] •Made void or nought; annulled; anichded or adnichiled. Kelham. See Adnihilare. Am El^T, Aniente,Anyent. L. Fr. Void; of no force or e

Anientir, Anyentir, Aneantir. L. Fr. To make void, or annul; to take away, or destroy; to defeat; to bar. Kelham,

t. Fr. Destruction; waste; diminution; annullmg.. Id.

Lat. [abl. of animtLS^ q. v.] With the intention or design. Quo animo; with what intent. Considerandum est quo animo, quave voluntate quid fiat; it is to be considered with what in

Lat. Mind; will; disposition; intention or design. Animo, (q. v.); with the intention or design. These terms are derived from the civil law. Animus hominis est anima scripti. The i

dividvieg. Gr. [from dtv^rjfii, to ascend.] In the civil law. Persons in the ascending line; ascendants. Nov. 118, c. 2.

Annat. In Scotch law. Half a year's stipend, over and above what is owing for the incumbency, due to a minister's relict, child, or nearest of kin after his decease. Whishatu^ P, C

Annates. L. Lat. [from annus, a year.] In English ecclesiastical law. The first year's whole profits of a spiritual preferment, anciently paid by the Englisb clergy to the pope, bu

[L. Lat. anfiexatio, from annectere, to knit or join to.l The fastening of chattels to the freehold, or the letting them into it, which gpyes them the character of fixtures. Chnuly

Lat. In the civil law. Of one year's age; a child of a year old. Bract. fol. 63 b. Anniculus trecentesimo sexagesimo quinto die dicitur, incipiens plane non exacto die, quia annum

Lat. In the civU laif. Marriageable years; the marriageable age of woman, viz. twelve years. 2 Inst. 434. See Irrfra annos nuh Ues.

Lat. [from annus, a year.] Corn or grain. Spelman. LL. Edw. Conf. c. 8. Domesday. Whatever is laid up for a year's subsistence, (quicquid in annuum alimonium reconditur.) Spelman.

See Adnotatione principis. ip««ak A judge does not divide annuities nor debt. S Co. 52. l Salk.Z6,es. Debt and annuity cannot be divided or apportkmed by a court. A maxim of the ol

See i>e annua pmsione. ANNUATIwf^ L.Lat. Annually. Beg. Jud. Appendix, 9. ANNUITY; [L. Lat« annHUS*fe MityksI\ 19 A yearly payment of a certain sum of money, granted to another in

Lat. In feudal and ecclesiastical law. Itin^ and staff. Symbols anciently used in feudal inyestitores, the ring being the symbol or earnest of faith, the sta£P, of aid or support,

Lat. A year. Bract, fol. 359 b. Armua est mora mot(is quo suum planeta pervolvat circulum; a year is a period of motion in which a planet revolves through its circle or orbit. Id.

Lat. [L.Fr. an et jour.] A year and a day; a well known period of time in ancient and modem law. ^os non tenebimus terras illorum qui convicti fuerunt de felonia nisi per unum annu

Lat. In the civil law. A, or the year of mourning. The year following a husband's death, during which his widow was required to remain unmarried. Cod. 5. 9. 2. 1 BL Com. 457. See I

or REDITUS. L. Lat. An annuity; a yearly rent or payment. Quae ei a retro sunt de annuo reditu; which are in arrear to him of an annuity. Reg. Orig. 168 b. De arreragiis cujusdam a

Noysance, Anisancz, Aynisans. L. Fr. [from anoyer, or anyer, q. v.] Annoyance, nuisance. Stat. 22 Hen. VIII., c. 5. Cowell. Kelham. See Nuisance.

In pleading. In a general sense, any pleading, (except a demurrer, by which the party claims that he is not bound to answer,) framed to meet a previous pleading. In equity pleading

Lat. Before. Usualljr employed in old pleadings as expressive of time, as prcs (before) was of place, and coram (before) of person. Toums. PI. 22. ANTE EXHIBITIONEM BILLiE. L. Lat.

Lat. [from antecedere, to go before.] Going before, antecedent. Ad proximum antecedens fiat relatio (q. v.) Relation or reference should be made to the last antecedent. Ex antecede

Lat. [from antecedere, to go before.] In old English law. An ancestor; one who goes or has gone before another, in the possession of an estate; one who goes before an heir. Anteces

Lat. In Saxon Jaw. A pre Uminary or preparatory oatb, (called also prcejuramentum, and juramentum calumnia, q. v.) which both the accuser and accused were required to make before a

Lat. Before controversy or dispute moved, or commenced. Mascardtis de Prob. 420, n. 4, 6. Hu Eback^H Evid. of Succession, 244, 246, 664. See Ids maia.

Lat. [plur. of antenatus, q. v.] Persons born before; that is, before a particular period or event. This term, with its opposite or correlative, postnati, is used both in English a

Lat. [from ante, before, and natu Sf bom.] Bom before; that is, before another person. In this sense, this term is of frequent occurrence in Bracton, being used with its correlativ

[Gr. antinomia, from anti, opposite, and nomos, law.] In the civil law. An opposition, contradiction, or inconsistency of laws. "The antinomies, or contradictions of the Code and P

See Vetera Statu ta.

Lat. [from antiquus, ancient.] In the civil law. Ancient or former law, or practice. Inst. 1. 6. 7. Modus alius antiquitati placuit, alium novita^ per usum amplexa est; the ancient

Lat. A monastery. Blount. Whishaw. ANTITHETARItrS. L. Lat. [from Gr. diPTtdeoig, opposition ?] A term applied in ancient law to one who endeavored to discharge himself of a fact of

Antrustius. L. Lat. In early feudal law. A term applied to the followers or dependents of the ancient German chiefs, and of the kings and counts of the Franks. It occurs in the for

Fr. The year books. Z. Fr, Diet. See Year hooks..

[L. Lat. ocauaanva ex post facto, — ^post effectum seelu». Spelman.'] In criminal law. One who, blowing a felony to have been committed by another, receives, relieves, comforts or

Lat. From palatium, (a palace.) Counties palatine are hence so called. 1 Bl, Com. 117. See Pala Hum, A piratis et latrBBlbBS caplB d^BtiaiBBi B«B BiatBBi. Things taken or captured

Appanage. [L. Lat. appanagium, appenagium, q. v.] In old French law. A provision for the support of younger sons; an allowance made to younger branches of a sovereign house, out of

Aparaile, Appareillie. L. Fr. Ready. Kelham.

See Apertment. APATORES, Apatores, Gr. [from a, without, and pater, a father.] In the civil law. Persons without a father; spurious children; bastards, (quasi sine patre filii.) In

Fr. To perceive. Britt. c. 40.

Aperment, Apartement. L. Fr. Openly, plainly. Apertment escries; openly defamed. Stat. Westm. 1, c. 15.

Apertum. Lat. [from aperire, to open.] Open or patent. Applied by Bracton to writs, though patens was the more usual epithet. Si fuerit \breve'\ patens sive apertum; quia originali

(plur. Apices juris.) L. Lat. An extreme point or subtlety of law; a rule or doctrine of law, carried to an extreme either of rigor or refinement; an unnecessarily rigid adherence

Lat. In the civil law. An acquittance or discharge upon the payment of money. Spelman, voc. Acquietancia.

Fr. To appointor direct. Id.

In English law. The total renunciation of Christianity, by embracmg either a false religion, or no reli^on at all. This offence can only take place in such as have once professed t

Lat. In Saxon law. To violate or transgress,^ Qui leges aposta* hit; whoever shall violate the laws. LL. Edw. Conf. c. 35. Spelman, Sometimes confounded with apostatare, to apostat

See Dt apostaia capiendo,

Fr. To write notes on. Ktlham. See Apo Bti Ue.

ApposU'lU. L. Fr. An addition, note or oheervation. Kelham. Apostill, appostillt And apostyle are used in old English writers in the sense of a marg^\ note, an answer to a petition

[Lat. apostoli, from Gr. bto Giilloi, to send from.] In civil and admiralty law. Letters dismissory, addressed by a court from which an appeal is taken, to the superior court, for

Lat. [fr Gm hnoatiUM, to send from.] In the civu Ikw. Post appellaf Umem interpositam, litterce dandas sunt ah eo a quo appdlatum est, ad^^um qui de appe Uaticne cogniturus est, qu

Lat. ffromo^^Mirare, to prepare, furnish or provide.] One who provides or furnishes. A sheriff was formerly styled in England apparator comitattis, as having charge of certain coun

Lat. [from apparere, to appear.] Apparent, appearing; that which appears, or is regularly before a court. De non apparentibus et non existentibus eadem est ratio. Respecting things

In English law. One whose right of inheritance is indefeasible, provided he ^outlive the ancestor. 2BI, Com. 208. See Heir. In Scotch law. One who is entitied to enter heir to a de

Lat. [from apparere, q. v.] In old practice. An appearance. Rast. Entr. 347. See Comparentia.

Lat. To appear; to be regularly before a court, as a fact, an instrument, or other thing of which they are requested to take notice. See Constare. Quod non apparet non est. That wh

Apares, Lat. [quasi adpares, from ad, U>, and pares, equals.] In cmnon law. Peers, or compeers, {compares;) equals, associates. Spelman.

Lat. [irom apparere, q. v.] In old practice. An appearance. Apparitio in judicio; an appearance in court. Bract, fol. 344.

Lat. [from apparere, q. v.] Id ecclesiastical law. One who cites or summons to appear, a summoner; a messenger who cites offenders to appear in the spiritual court, and serves the

Apparoer, Apparoier, L. Fr. To appear, to make known. Kelham*

Lat. [from apparare, to furnish.] Furniture, tackle or apparel. Carucarum apparura; plough tackle. CotoelL

Appay, Apay. L. Fr. Satisfied; contented. Id,

[Lat. appellatio, from appellare, Fr. appeller; to call to, or upon.] In practice. The complaint to a superior court of an injustice done, or error committed by an inferior one, wh

[Fr. appel.] In old French law. A mode of proceeding in the lords' courts, where a party was dissatisfied with the judgment of the peers, which was by accusing them of having given

[L. Lat. appellum; L. Fr. appel, from appeller, to call upon, or challenge.] In old English criminal law. A proceeding in the nature of a criminal prosecution, being an accusation

InpractJ^. To be properly before a court, as a fact or matter of which it can take notice. (L. Lat. apparere^ constare.) See Apparens, Apparere, To be regularly in court, as a defe

[L. Lat. comparentia, apparen Ha, apparitio.'] In practice. The act or proceeding in an action, by which the defendant is brought, or places himself before the court m which it is

In Scotch law. An apparent heir. See Apparent heir,

Apeaus. L. Fr. Appeals. Kdham. See Appel,

Fr. [L. Lat. appellum:\ In old English law. An, appeal. Britt, c. 22. See Appeal. In old French law. A challenge. Esprit des Lois, liv. 28, c. 27.

Lat [from appellare, q. v.] An appellant, one who appeals or prosecutes an appeal; an accuser or challenger. Bract: to\, 137, 138.

In practice. One who appeals; the party to an action by whom an appeal is made or taken; the opposite party being usually termed the respondent, and sometimes the appellee. Cowell.

Lat. In the civil law. To appeal from the judgment or sentence of a court. See Appello, Appellatio.

Lat. In old practice. To appeal or accuse. A. appellat B. de morte C, fratris sui; A. appeals B. of the death of C, his brother. Bract. foL 138. Appellare de facto; to appeal one o