The Cyclopedic Law Dictionary

In the English court of exchequer. A day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the g

In practice. One who makes affirmation instead of making oath that the evidence which he is about to give shall be the truth, as if he had been sworn.

NON NEGANTI, INCUMbit probatlo. The proof lies upon him who affirms, not on him who denies. See Phil. Ev. 493.

He who affirms must prove. 9 Cush, (Mass.) 535.

In practice. A solemn religious asseveration in the nature of an oath, l^reenl. Ev. § 371.

That which establishes; that which asserts a thing to be true.

In pleading. An affirmative allegation implying some negative in favor of the adverse party. For example, if to an action of assumpsit, which is barred by the act of limitations m

In insurance law. A warranty as to existing facts, as distinguished from promissory warranties relating to future conduct.

Affixed.

or AFFORARE. To estimate, assess, or tax. Kelham; Blount.

Appraised, assessed, or valued. Blount.

To increase or strengthen.

To compel unanimity among the jurors who disagree. It was done either by confining them without meat and drink, or, more anciently, by adding other jurors to the panel to a limited

To convert land into a "forest," in the legal sense of the word. AFFRANCHIR (Law Fr.) To set free. Kelham.

To make free.

In criminal law. The fighting of two or more persons in some public place to the terror of the people. 53 Ala. 640; 15 Ark. 204; 57 Mo. App. 502. It differs from a riot in not bein

The contract by which a vessel, or the use of it, is let out to hira carucae, beasts of the plow. Reg. Orig. 150a; St. Westminster II. c. 18; Spelman. Affri carectae, beasts of the

Before mentioned; already spoken of or described. See 20 Mo. 411; 20 Ala. 35.

In criminal law. Premeditation; prepense. See "Malice Aforethought."-

By (or from) the stronger reason. Applied to the argument that, because of the concession or establishment of a given proposition, another included in it is by the greater reason t

The second crop of grass. A right to have the last crop of grass or pasturage. 1 Chit. Prac. 181. AGAINST THE FORM OF THE STATute. Technical words which must be used in framing an

Technical words which must be used in framing an indictment for robbery from the person. 1 Chit. Cr. Law, 244. In the statute of 13 Edw. I. (Westminster II.) c. 34, the oflfense of

An Impression or image of anything on a seaL Cowell.

An award. AGARDER (Law Fr.) To award, adjudge, or determine; to sentence, or condemn.

Years of life; that period of life at which the law allows persons to do acts or discharge functions which, for want of years, they were prohibited from doing or undertaking before

A relation between two or more persons, by which one party, usually called the "agent" or "attorney," is authorized to do certain acts for, or in relation to the rights or property

DEED OF. A revocable and voluntary trust for payment of debts. Wharton. AGENFRIDA (Saxon). The true lord or owner of a thing. Spelman.

AGENHINA, or AWNHINE. In Saxon law. A domestic or inmate. One who stayed three nights in an inn was AGENS (Lat. agere, to do; to conduct). A conductor or manager of affairs. Distin

Within the meaning of the rule as to the liability of a principal for the acts of an agent, such acts are within the "course of his employment" when the agent is endeavoring to pro

A phrase indicating the state of a person who is required to do a thing, and is at the same time the person to whom it is done; as, when a man is indebted to another, and he appoin

A statement made in a real action, to which an infant is a party, of the fact of infancy, and a request that the proceedings may be stayed until the infant becomes of age. It is no

An assault attended by circumstances of aggravation, as the use of a weapon, or disparity of age or sex between the assailant and person assaulted. AGGRAVATION (Lat. ad, to, and gr

A collection of particular persons or items, formed into one body. See "Corporation."

A meeting of minds. See "Agreement."

He who begins a quarrel or dispute, either by threatening or striking another. No man may strike another because he has been threatened, or in consequence of the use of any words.

Injuriously affected.

In Saxon law. Free from penalty (sine mulcta vel compensatione), not pensation for an offense. Spelman; Cowell.

In Saxon law. An observer or informer. AGILLARIUS (Law Lat.) In old English law. A hayward, herdward, or keeper of the herd of cattle in a common field. Cowell.

A term used in commercial transactions to denote the difference of price between the value of bank notes or other nominal money and the coin of the country. 5 Mees. & W. 535.

From agis. Speculation in public securities.

See "Agistment."

The taking of another person's cattle into one's own ground to be fed, for a consideration to be paid by the owner. The person so taking cattle to pasture is called an "agister." S

In Scotch law. Relations on the father's side.

In civil law. The members of a Roman family who traced their origfin and name to a common deceased ancestor through the male line, under whose paternal power they would be if he we

Derived from or through males. 2 Bl. Comm. 236. Especially spoken of the children of a free father and slave mother. The rule in such cases was agnatio sequitur ventrem. Du Cange.

Relationship on the father's side. See "Agnates."'* AGNOMEN (Lat.) A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roma

In Roman law. Those laws by which the commonwealth disposed of its public land, or regulated the possession thereof by individuals, were termed "Agrarian Laws." The greater part of

A tax upon or tribute payable out of land.

By grace; not of right. Also written ex gratia. A LATERE (Lat. laius, side). In Respect to Property Rights. (1) Collateral. Used in this sense in speaking of the succession to prop

Agreement. Spelman says that it is equivalent in meaning to aggregatio mentium, though not derived therefrom. AGREEMENT (from Lat. aggregatio mentium). A coming together of parties

An agreement often made in short terms preliminary to the filling out and delivery of a policy with the specific stipulations. Such an agreement, specifying the rate of premium, th

or AGGREER (Law Fr.) In Old Practice. To agree. ——In French Marine Law. To rig or equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1.

The word "agrees" used in a contract ex vi termini, means that it is the agreement of both parties, both concurring on the point, whether both sign or not. 27 111. App. 231. AGREZ

Arable lands in common fields.

In Roman law. Lands belonging to the state by right of conquest, and granted or sold in plots. Sandars, Just. Inst. (5th Ed.) 98.

In Old European Law. A kind of oath among the Bavarians. Spelman. — ^In Saxon Law. One bound by oath, (q. V.); "oath-tied." From ath, oath, and tied. Spelman.

Help; support; assistance; counsel; encouragement. The constitution of. the United States (article 3, § 3) declares that adhering to the enemies of the United States, giving them a

Public (usually municipal or county) bonds issued in aid of a private enterprise operating for the benefit of the community generally.

In pleading. The presumption which arises after verdict, whether in a civil or criminal case, that those facts, without proof of which the verdict could not have been found, were p

In criminal law. The offense committed by those persons, who, although not the direct perpeto the actual perpetrator thereof. 4 Shars- ■wood, Bl. Comm. 34; Russ. & R. 363, 421; 9 I

Intervention prayed by the king's tenant when another questioned his tenure, or demanded rent of him.

In English law. A petition to the court calling in help from another person who has an interest in the matter in dispute. For example, a tenant for life, by the curtesy, or for yea

In English law. A species of tax payable by the tenant of lands to his superior lord on the happening of certain events. They were originally mere benevolences granted to the lord

That fluid transparent substance which surrounds our globe. See "Easement."

In old Scotch law. The court of the justices itinerant, corresponding to the English eyre. Skene de Verb. Sign. voc. "Iter." Heir. "His airis and assignais." Pitc. Crim. Tr. pt. 2,

AISIAMENTUM, or ESAmentum. An easement. Spelman.

In Spanish law. The jewels and furniture which a wife bring in marriage.

or ADJUTAGE. A conical tube used in drawing water through an aperture, by the use of which the quantity of water drawn is much increased. When a privilege to draw water from a cana

In old English law. Of kin. "Next-a-kin." 7 Mod. 140. AL (Law Fr.) At; to. Al huis d'esglise, at

The wings or side aisles of a church. Bldunt.

A manager and keeper of dogs for the sport of hawking; from alanus, a dog known to the ancients. A falconer. Blount.

White rents; rents reserved payable in silver, or white money. They were so called to distinguish them from reditus nigri which were rents reserved payable in work, grain, and the

In old French law. The state of alienage; of being a foreigner or alien. '

See "Advena." ALBINATUS (Law Lat.) In old French law. The state or condition of an alien or foreig:ner.

In old French law. The right of ^Ibanage. A right formerly existing in France, entitling the king, on the death of an alien, to all his property, unless he had a peculiar exemption

A blank writ; a writ with a blank or omission in it, as, where it is returned with the sheriff's surname omitted. Hob. 113b; Yelv. 110.

An ancient book containing a compilation of the law and customs of the city of London. Wharton. ALCABALA (Spanish). A duty of a certain per cent, paid to the treasury on the sale o

In Spanish law. A judicial officer in Spain, and in those countries which have received the body of their laws from those of Spain. His powers and duties are similar to those of a

In civil law. A mutual agreement, of which the effects, with respect both to the advantages and losses, whether to all the parties or to some of them, depend on an uncertain event.

The vessel in which hot water was put, for the purpose of dipping a criminal's arm in it up to the elbow in the ordeal by water. Cowell.

Probably a corruption of laganum maris; lagan being a right, in the middle ages, like jetsam, and flotsam, by which goods thrown from a vessel in distress became the property of th

Subject of alienation.

The condition or state of an alien.

An alien friend; i. e., a subject of a friendly nation.

To convey; to transfer. Co. Litt. 118b. "Alien" is very commonly used in the same sense. 1 Washb. Real Prop. 53. See "Alienation."

consensu tamen omnium, In quorum favorem proliibita est, potest fieri, et quilibet potest renunciare Juri pro se introducto. Although alienation be prohibited, yet, by the consent

Of Property. The transfer of property and possession of lands, tenements, or other things from one person to another. Termes de la Ley. It is. particularly applied to absolute conv

In English law. An office to which all writs of covenants and entries were carried for the recovery of fines levied thereon.

One to whom an alienation is made. ALIENI GENERIS (Lat.) Of another kind. ALIENI JURIS (Lat.) Subject to the authority of another. An infant who is under the authority of his fathe

One who owes allegiance to the adverse belligerent. 1 Kent, Comm. 73. He who owes a temporary, but not a permanent, allegiance, is an alien enemy in respect to acts done during suc

He who makes a grant or alienation. ALIEN US (Lat.) That which belongs to another.

In Scotch Law. To support; to provide with necessaries. Paterson, Comp. §§ 845,,850. Maintenance; support; an allowance from the husband's estate for the support of the wife. Pater

Money paid for aliment or support. The allowance which a husband, by order of court, pays to his wife, living separate The term is sometimes restricted to an allowance for a wife's

No one is bound to do what is impossible. A MANIBUS (Law Lat.) An officer who wrote for the emperor; one whose hand (manus) was used for writing; an amanuensis. Calv. Lex. A ME (La

A word which the emperors formerly signed at the bottom of their rescripts and constitutions; under other instruments they usually wrote signata or testata. Enc. Lond. ALLEGATA ET

The assertion, declaration, or statement of a party of what he can prove. In Ecclesiastical Law. The statement of the facts intended to be relied on in support of the contested sui

A statement made by the wife of the property of her husband, in order to her obtaining alimony. 11 Ala. (N. S.) 763; 3 Tex. 168.

The tie which binds the citizen to the government, in return for the protection which the government affords him. tory, and under the obedience of the government. 2 Kent, Comm. 42.

To defend and clear one's self; to wage one's own law.

The allegation in an appellate court of some error in a subordinate part of the record below. ALLEVIARE (Law Lat.) In old records. To levy or pay an accustomed fine or composition.