The Cyclopedic Law Dictionary

One who owes a duty or service to another, or in some sort depends upon him. Termes de la Ley. title of the owner. Thus, to raise a portion for younger children, it was quite commo

In the civil and canon law. Anything whatsoever wrongfully innovated or attempted in the suit by the judge a quo, pending an appeal. 1 Add. Ecc. 22, note; Ayliffe, Par. 100. ATTERM

The granting a time or term for the payment of a debt.

In canon law. A making terms; a composition, as with creditors. 7 Low. (U. S.) 272, 306. ATTESTATION (Lat. ad, to, testari, to witness). The act of witnessing an instrument in writ

That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

One who, upon being required by the parties to an instrument, signs his name to it to prove it, and for the purpose of identification. 3 Campb. 232.

In Scotch practice. A person who attests the sufficiency of a cautioner, and agrees to

In old English law. Rigging; tackle. Cowell.

To attorn or turn over a thing, as money and goods, i. e., to assign or appropriate them to some particular use and service. Kennett, Par. Ant. 283; Cowell. ' ATTORNATO FACIENDO VE

To turn over; to transfer to another money or goods; to assign to some particular use or service. Kennett, Par. Ant. 283. — ^In Feudal Law. Used of a lord's transferring the homage

In the feudal law. To attorn.

One put in the place, turn, or stead of another,, to manage his affairs; one who manages the affairs of another by direction of his principal. Spelman; Termes de la Ley. One who ac

In English Law. A great officer, under the king, made by letters patent, whose file bills in the exchequer in any matter concerning the king's revenue. Others may bring bills again

ed States. A member of the president's cabinet. His duties are to prosecute and conduct all suits in the supreme court in which the United States shall be concerned, and give his a

In English law. A certificate of the commissioners of stamps that the attorney therein named has paid the annual duty. This must be renewed yearly, and the penalty for practicing w

See "Attorn."

A machine or other dangerous thing or place which is especially attractive to children, who, in obedience to their childish instincts, are likely to be drawn to it, but which is da

See "Droit d'Aubaine."

A public sale of property to the highest bidder. or by any other manner. The essential part is the selection of a purchaser from a number of bidders. In a case where a woman contin

A person authorized by law to sell the goods of others at public sale; one who conducts a public sale or auction.

In Roman Law. An auctioneer. In auction sales, a spear was fixed upright in the forum, besides which the seller took his stand; hence goods thus sold were said to be sold sub hasta

In Civil Law. Authority. Brlssonius. In old European law. A diploma, or royal charter. A word frequently used by Gregory of Tours and later writers. Spelman.

medlcorum et poetarum, sunt in causis allegandae et tenendae. The opinions of philosophers, physicians, and poets are to be alleged and received in causes. Co. Litt. 264. AUCUPIA V

Hear the other side; hear both sides. No man should be condemned unheard. Broom, Leg. Max. 113. See L. R. 2 P. C. 106. AUDIENCE (Lat. audire, to hear). A hearing or interview. It i

In English law. A court belonging to the archbishop of Canterbury, and held by him in his palace for secrations, and the like. This court has the same authority with the court of a

A writ or commission to certain persons to appease and punish any insurrection or great riot. Pitzh. Nat. Brev. 110.

To examine, adjust, settle, etc., an account, and then allow it. 3 Denio (N. Y.) 381; B Daly (N. Y.) 200; 24 Hun (N. Y.) 419. AUDITA QUERELA (Lat.) A form of action which lies for

Officers in the English exchequer, who formerly had the charge of auditing the accounts of the customs, naval and military expenses, etc., now performed by the commissioners for au

The increase arising to the crown's revenues from the suppression of monasteries and religious houses, and the appropriation of their lands and revenues. A court erected by Henry V

HAULA, or HALLA. In old English law. A hall, or court; the court of a baron, or manor; a court baron; a hall or chief mansion house; the usual appanage of a manor. Whitshaw; Spelma

or AULA REGIS. In English l^w. The king's hall or palace. A court established in England by William the Conqueror in his own hall.

or ALNAGE. A duty collected on the putting on of the seals on the assise I of woolen cloth. The officer charged with such duty was called "aulnage," "alnager," or "ulnager."

SERVICE IN. Where lands are given in alms to a church or religious house, upon condition that masses, service, or prayers shall be offered at certain times for the repose of the do

An ancient manner of weighing by means of a beam held in the hand. Termes de la Ley; Cowell.

In Saxon law. The punishment of cutting off the ears. AURUM'rEGINAE. (Queen's gold (q. v.) 1 Bl. Comm. 219, 220. AUTER (Law Fr.) Another. This word AUTER ACTION PENDANT (Law Fr. an

Another right; in another's right. See "En Auter Droit."

In civil law. An act which has been executed before a notary or other public officer authorized to execute such functions, or which is testified by a public seal, or has been rende

In practice. A proper or legal attestation., Acts done with a view of causing an instrument to be known and identified. Under the constitution of the United States, congress has po

A collection of the Novels of Justinian, made by an unknown person. They are entire, and are disting:uished by their name from the epitome made by Julian. See 1 Mackeld. Civ. Law,

Enactments and opinions relied upon as establishing or declar- The opinion of a court, or of counsel, or of a text writer upon any question, Is usually fortified by a citation of a

Power. In Contracts. The power lawfully delegated to a person by another. Authority coupled with an interest is an authority given to an agent for a valuable consideration, or whic

In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign. Schmidt, Civ. Law, 93.

A government where the powet of the monarch is unlimited by law.

The state of independence. The autonomos was he who lived according to his own laws, — who was free. The term was chiefly used of communities or states, and meant those which were

Dissection of a dead body for the purpose of ascertaining the cause, seat, or nature of a disease; a post mortem examination.

AUTRY, AUTRI, or AUTER (Law Fr.) Other; another. Britt. c. 54; Kelham. AUTRE (or AUTER) VIE (Law Fr. another's life). A person holding an estate for 01 during the life of another i

Formerly; heretofore. AUTREFOIS ACQUIT (Fr. formerly acquitted). A plea made by a defendant indicted for a crime, that he has formerly been tried and acquitted of the same offense.

An order of the court summoning one party, at the suit and request of another, to appear and warrant something. Kennett, Par. Ant. 477.

A subsidy paid to the king. Spelman.

An ancient duty paid to sheriffs. Cowell; Whishaw.

In Scotch Law. A certain sum due by the heir of a deceased ward vassal, when the heir became of marriageable age. Ersk. Inst. lib. 2, tit. 5, I 18. In Feudal Law. The right of a gu

In wills, the net proceeds of the estate; that which remains after paying debts. See 3 N. Y. 276.

In Canadian law. An act of suretyship or guaranty on a promissory note. 1 Low. (U. S.) 221; 9 Low. (U. S.) 360. AVANTURE (Law Fr.) CJiance; hazard; mischance. Kelham.

or AVARIE. Average; the loss and. damage suffered in the course of a navigation. Poth. du Contr. de Louage, 105. AVENGE (Law Lat.) In old English law. A certain quantity of oats pa

or ADVENTURE. A mischance causing the death of a man, as by drowning, or being killed suddenly without felony. Co. Litt. 391; Whishaw.

To assert. See "Averment." To make or prov6 true; to verify. The defendant will oflfer to aver. Cowell; Co. Litt. 362b. Cattle of any kind. Cowell; Kelham.

In marine Insurance. Loss or damage to a part of the vessel or cargo insured. The contribution due from one owner to another, on a partial loss. General Average. General (also call

A rent reserved to religious houses, to be paid in corn; corn drawn by the tenant's cattle. CowelL AVER ET TENIR (or TENER). To have and to hold. See "Habendum."

Beasts of the plow, which, at common law, were privileged over other cattle. AVERIA OTI08A. Idle beasts; as distinguished from averia carucae, beasts of the plow. AVERIIS CAPTI8 IN

Land ploughed by the tenant for the proper use of the lord of the soil. Blount

In pleading. A positive statement of facts, as opposed to an argumentative or inferential one. Cowp. 683; Bac. Abr. "Pleas" (B). Averments must contain not only matter, but form. I

Money paid to the

or AVERARE. In feudal law. To carry goods upon loaded horses or in a wagon; a duty formerly required of some customary tenants. Spelman. To drive cattle (averia) to some fair or ma

A rent formerly so called. (Jowell.

An averting or turning away of peril. A name given to the contract of insurance (marine) because one of the parties undertakes to avert from the other the peril of the sea. Accordi

In Scotch law. To abet or a,ssist. Tomlin.

See "Divorce." AB. In Latin phrases. A preposition having the same significance as "A" (q. v.) "A" is used before words beginning with consonants, and "Ab" before those beginning w

In Scotch law. To make (wieandum with a process is to take it from the public court to the private consideration of the judge. Bell, Diet. AVOCAT (Fr.) Advocate; an advocate. Ord.

A making void, useless, or empty. In Ecclesiastical Law. It exists when a beneiice becomes vacant for want of an incumbent. the admission of the truth of the allegations of the opp

The name of a weight. This kind of weight is so named, in distinction from the Troy weight. One pound avordupois contains seven thousand grains Troy; that is, fourteen ounces, elev

See "Voucher."

^In Old French Law. A feudal chief who acted as protector of a church or monastery; the suzerain of the fief. In Modern French Law. A barrister; advocate; attorney. Duverger.

To acknowledge the commission of an act, and claim that it was done with right. 3 Bl. Comm. 150. To make an avowry. For example, when replevin is brought for a thing distrained, an

One who makes an avowry.

or AVOWE. See "Advowee."

In pleading. The answer of the defendant in an action of replevin brought to recover property taken in distress, in which he acknowledges the taking, and, setting forth the cause t

In English law. An adulterer with whom a married woman continues in adultery. Termes de la Ley.

In English law. The crime of adultery. AVULSION (Lat. avellere, to tear away). The removal of a considerable quantity of soil from the land of one man, and its deposit upon or anne

To lay in wait; to waylay. AWARD (Law. Lat. awarda, atvardum; old French, agarda, from a garder). To keep, preserve; to be guarded, or kept. So called because it is imposed on the

A crop sown before the expiration of a tenancy, which cannot ripen until after its expiration, to which, however, the tenant is entitled. Broom, Leg Max. 306. See "Emblements."

or AUME. An ancient measure used in measuring Rhenish wines. Termes de la Ley. Its value varied in the different cities. Cowell.

In French law. This term, which is used in Louisiana, signifies one to whom a right has been assigned, either by will, gift, sale, exchange, or the like; an assignee. An aycmt caus

In Spanish law. A congress of persons; the municipal council of a city or town. 1 White, New Coll. 416; B B. F. Bonum factum, a good deed. A form of approval among the civilians.

or BACKBEREND. An old English law term for a thief caught with the stolen goods in his possession (upon his back). Spelman; Bracton, 150b.

Commonalty or yeomanry, in contradistinction to baronage. Wharton.

(1) The holder of the first or lowest degree conferred by a college or university, e. g., a bachelor of arts, bachelor of law, etc. (2) A kind of inferior knight; an esquire. (3) A

or BACKWARDATION. A consideration given to keep back the delivery of stock when the price is lower for time than for ready money. Wharton.

In forest law. Carrying on the back. One of the cases in which an offender against vert and venison might be arrested, as being taken with the mainour, or manner, or found carrying

A bond of indemnification given to a surety. In Scotch Law. A declaration of trust; a defeasance; a bond given by one who is apparently absolute owner, so as to reduce his right to

Indorsement; Indorsement by a magistrate. Backing a warrant becomes necessary when it is desired to serve it in a county other than that in which it was first issued. In such a cas

A yard at the back part of or behind a house, and belonging thereto. The term was formerly much used both in conveyances and in pleading, but is now of infrequent occurrence, excep

That water in a stream which, in consequence of some obstruction below, is detained or checked in its course, or reflows. The term is usually employed to designate the water which

A circumstance attending a transaction tending to throw upon it suspicion of fraud, though not in itself constituting fraud. 64 N. C. 374. An act which, from the common experience

Whatever, connected with the objects of the journey, and not exceeding the limits of reason and custom, a traveller takes with him for his personal use, whether during actual trave

A chest or coffer. Fleta, lib. 2, c. 21. BAIL (Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defenda

An action In which the defendant is entitled to be discharged from arrest only upon giving bond to answer.

Process under which the sheriff is directed to arrest the defendant)- and is required by law to discharge him upon his tendering suitable bail as security for his appearance. A cap

In practice. A specialty by which the defendant and other persons become bound to the sheriff in a penal sum proportioned to the damages claimed in the action, and which is conditi

Contracts. One to whom goods are bailed. See "Bailment."

In Scotch law. An officer appointed to give inf eftment. In certain cases it is the duty of the sheriff, as king's bailie, to act. Generally, any one may be made bailie by filling