The Cyclopedic Law Dictionary

A metaphorical expression, signifying that a case agrees in all its circumstances with another.

Running one vessel against another. To be distinguished from collision, which denotes the running of two vessels against each other. The distinction is not very carefully observed,

An allowance upon an account in the English exchequer. Cowell. Placing or adding to a thing. Enc. Lond.

In English law. A writ directed to the lord treasurer and barons of the exchequer, commanding that an allowance be made to an accountant for such moneys as he has lawfully expended

In old English practice. In proceedings in outlawry, when there were but two county courts holden between the delivery of the writ of exigi facias to the sheriff and its return, a

A writ of exigent which issued in a process of outlawry, upon the sheriff's making return to the original exigent that there were not five county courts held between the teste of t

In criminal procedure. When a prisoner is convicted on a trial for treason or felony, the court is bound to demand of him what he has to say as to why the court should not proceed

Those who own allodial lands. Those who have as large an estate as a subject can have. Co. Litt. 1; Bac. Abr. "Tenure" (A). ALLODIUM (Sax. a, privative, and lode or leude, a vassal

A document not written by any of the parties thereto; opposed to autograph. ALLONGE (Ft.) A piece of paper annexed to a bill of exchange or promissory note, on which to write indor

In English law. An assignipent by a seaman of future wages. Such assignments are regulated by law as to form and amount, and as to the persons to whom they may be made. Mozley & W.

A system In force in England, by which the borough sanitary authorities are required to obtain, by condemnation, if necessary, lots of what is necessary to protect the public from

By the English general inclosure act of 1845 (section 108), when an allotment for the laboring poor of a district has been made on an inclosure under the act, the land so allotted

One to whom an allotment is made.

or ALLAY. An inferior metal used with gold and silver in making coin. The amount of alloy to be used is determined by law, and is subject to changes from time to time. ALLOYNOUR (L

The name given in England to the short clause in a conveyance or other assurance which purports to convey "all the estate, right, title, interest, claim, and demand" of the grantor

That increase of the earth on a shore or bank of a river by the force of the water, as by a current or by waves, which is so gradual that no one can judge how much is added at each

A nation which has entered into an alliance with another nation. 1 Kent, Comm. 69. A citizen or subject of one of two or more allied nations. 4 C. Rob. Adm. 251; 6 C. Rob. Adm. 205

In Saxon law. Alms fee; alms money. Otherwise called "Peterpence." Cowell. ALMOIGN (Law Ft.) Alms; a tenure of lands by divine service. See "Frankalmoigne."

In Spanish law. A general term, signifying both export and import duties, as well as excise. Derived from the Arabic, and said to signify the same as portorium in Latin. Schmidt, C

Any species of relief bestowed upon the poor. That which is given by public authority for the relief of the poor. Shelf. Mortm. 802, note x; Hayw. Elect. 263; 1 Doug. Elect. 370; 2

A place where alder trees grow. Domesday Book; Cowell; Blount.

By the length of, as distinguished from across. 119 111. 225.

High treason.

In ecclesiastical law. Offerings made on the altar;,all profits which accrue to the priest by means of the altar. Ayliffe, Par. 61; 2 Croke, 516.

The highway.

A change in the terms of a contract, made by the agreement of the parties thereto. An act done upon an instrument in writting by a party entitled under it, without the consent of t

A usage among diplomatist by which the rank and places of different powers, who have the same right and pretentions to precedence, are changed from time to time, either in a certai

Allowing a choice between two or more things or acts to be done. In contracts, a party has often the choice which of several things to perform. A writ is in the alternative which c

One of several remedies between which one must elect. See "Cumulative Remedy."

A writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. ALTERNIS VICIBUS (Law Lat.) By a

Not to injure another. One of Justinian's three principles, basis of all law. Inst. 1. 1. See "Honeste Vivere," and "Suam Cuique Tribuere."

In civil law. A servitude by which the owner of a house is restrained from building beyond a certain height.

In civil law. A servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, every one enjoys this privilege,

High and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute, cdto et basso, to arbitration. Cowell.

The high sea.

A foster child. ALVEUS (Lat.) The bed or channel through which the stream flows when it runs within Its ordinary channel. Calv. Lex. Alveus derelictus, a deserted channel. 1 Mackel

A code of sea laws compiled for the free and trading republic of Amalphi toward the end of the eleventh century. 3 Kent, Comm. 9. It consists of the laws on maritime subjects on ac

A person sent about in the service of another; a person sent on a service. A word of frequent occurrence in the writers of the middle ages. Spelman.

In international law. A public minister sent abroad by some sovereign state or prince, with a legal commission and authority to transact business on behalf of his country with the

A boundary line. AMBITUS (Lat.) A space beside a building, two and a half feet in width, and of the same length as the building; a space two and a half feet in width between two ad

In Saxon law. A vessel or measure, the capacity of which is now unknown. Spelman. AMBULATORIA EST VOLUNTAS DEfuncti usque ad vitae supremum exitum. The will of a deceased person is

Betterments. 6 Low, (U, S.) 294; 9 Low. (U. S.) 508.

Responsible; subject to answer in a court of justice; liable to punishment.

In English Law. A penalty imposed upon a person by way of disgrace or infa,my, as a punishment for aiiy oflfense, or for the purpose of making reparation for any injury done to ano

In Practice. The correction, by allowance of the court, of an error committed in the progress of a cause, whether in process, pleading, proceedings, or judgment. It has been held n

A satisfaction given by a wrongdoer to the party injured for a wrong committed. 1 Lilly, Reg. 81. By St. 24 Geo. II. c. 44, in England, and by similar statutes in some of the Unite

See "Divorce." A NON POSSE AD NON ESSE SEQUITUR argumentum necessarie negative licet non affirmative. From impossibility to nonexistence, the inference follows necessarily in A PIR

Insanity; idiocy. AMERALIUS (Law Lat.) A naval commander, under the eastern Roman empire, but not of the highest rank; the origin, according to Spelman, of the modern title and off

In practice. A pecuniary penalty imposed upon an offender by a judicial tribunal. The judgment of the court is that the party be at the mercy of the court (sit in misericordia), up

In practice. An action entered by agreement of parties on the dockets of the courts.

"There are two sorts of arbitrators, — ^the arbitrators properly so called, and the amicable compounders. The arbitrators ought to determine as judges, agreeably to the strictness

Lose all rights under the law.

An act of oblivion of past offenses, granted by the government to those who have been guilty of any neglect or crime, usually upon condition that they return to their duty within a

To alien lands in mortmain.

An alienation of lands or tenements in mortmain. The reduction of the property of lands or tenements to mortmain. As to financial matters, the extinguishment of an obligation or li

(Lat. amovere, to remove; to take away). An unlawful taking of personal chattels out of the possession of the owner, or of one who has a special authority in them. A turning out th

As applied to money the word amount is S3monymous with "sum." 156 111. 337.

In insurance. The amount that is insured, and for which underwriters are liable for loss under a policy of insurance.

In Insurance. The diminution, destruction, or defeat to the insequence of the operation of the risk insured against, according to its valuefin thte policy, or in contribution for l

in Civil Law. A deferring of judgment until the cause is further examined. In this case, the judges pronounced the word amplius, or by writing the letters N. L. for nan liquet, sig

In the civil law. An investigation of t Aith, interrogation of witnesses, and inquiry made int,o any fact, especially by torture.

A register, or inventory.

The similitude of relations which exist between things compared.

An anarch; one who excites revolt or promotes disorder in a state.

The absence of all political government; by extension, confusion in government.

In ecclesiastical law. A punishment by which a person is separated from the body of the church, and forbidden all intercourse with the faithful. It differs from excommunication, wh

In civil law. Taking Interest on interest; receiving compound interest.

One who has preceded another in a direct line of descent; an ascendant. A former possessor; the person last seised. Termes de la Ley; 2 Sharswood, Bl. Comm. 201. In the common law,

What relates to or has been done by one's ancestors; as homage ancestral, and the like. That which belonged* to one's ancestors. Ancestral estates are such as come to the possessor

or ANKER. A measure containing ten gallons.

A toll paid for every anchor cast from a ship in a port.

The lookout required to be kept on the deck of a vessel riding at anchor. See 102 U. S. 200; 29 Fed. 601.

A deed which, by reason of its age, is presumed to be authentic, and hence admissible in evidence without direct proof of its execution. It must be at least thirty years old, be fo

Manors which, in the time of William the Conqueror, were in the hands of the crown, and are so recorded Tenure in ancient demesne may be pleaded in abatement to an action of ejectm

One which has stood long enough to acquire an easement of support. 3 Kent, Comm. 437; 2 Washb. Real Prop. 74, 76. See "Eastment."

Windows or openings which have remained in the same place and condition twenty years or more. 5 Har. & J. (Md.) 477; 12 Mass. 157, 220. In England. A right to unobstructed light an

Essays on the early English statutes. Co. Litt. 280.

The rent reserved at the time the lease was made, if the building was not then under lease. 2 Yern. 542.

Gentlemen in the Inns of Courts who are of a certain standing. In the Middle, Temple, all who have passed their readings are termed "ancients." In Gray's Inn, the ancients are the

In English law. The eldest of the queen's Serjeants. Serjeants were distinguished as ancient and puisne.

Deeds, wills, and other writings, more than thirty years old.

Eldership; seniority. Used in St. Ir. 14 Hen. VIII. Cowell. ANCILLARY (Lat. ancilla, a handmaid). Auxiliary; subordinate.

See "Administration." ANCIPITIS USUS (Lat) Useful for various purposes. As it is impossible to ascertain the final use of an article ancipitis usus, it is not an injurious rule whi

While a copulative conjunction signifying a continuation of what has gone before or in addition to, it may, in a statute, be 'construed as "or" where necessary to

In old English law. A dairy woman. Fleta, lib. 2, c. 87.

Hermaphrodltlcal.. ANDROGYNUS, or ANDROGYNE. An hermaphrodite. Johnson.

The taking by one nation of the citizens or subjects of another, in order to compel the latter to do justice to the former. Wolff. Inst. § 1164; Mo Uoy de Jur. Mar. 26.

AESNECIUS, ENTITIUS, AENeas, or eneyus (Lat.) The eldest born; the first born; senior, as contrasted with the puisne (younger). Spelman, "Aesnecia."

In Roman Law. A service or punishment exacted by government. They were of six kinds, viz., maintaining a post station where horses are changed; furnishing horses or carts; burdens

An ancient English coin, of the value of ten shillings sterling. Jacob.

ANGYLDE, or ANGELD (Sax. from an, one, and gild, a payment or satisfaction). The single value of a man or other thing; the compensation for a thing according to its single value or

In old English law. Englishery; the fact of being an Englishman. Pleta, lib. 1, c. 30; Bracton uses "Englesheria" (fol. 135). Under Canute and William the Conquerer, for the protec

In English. A term tOTvaerly used in pleading when a thing is described both in Latin and English, inserted immediately after the Latin, and as an introduction of the English trans

See "Angild.". ANHLOTE (Saxon). The sense is that every one should pay, according to the custom of the country, his respective part and share. Spelman.

or ANIENT. Void; ot no force. Fitzh. Nat. Brev. 214.

Any animate being which is not human, endowed with the power of voluntary motion. Domitae are those which have been tamed by man; domestic. Ferae naturae are those which still reta

SI FACTA SINT mansueta et ex consuetudine eunt et redeunt, volant et revolant, ut cervl, cygni, etc., eo usque nostra sunt, et Ita intelllguntur quamdlu habuerunt animum revertendi

Those animals which, '■hough they may be reclaimed, are not such that at common law a larceny may be committed of them, by reason of the baseness of their natui'e. Some animals whi

It is to the intention that all law applies. ANIMUS HOMINIS EST ANIMA SCRIPtl. The Intention of the party is the soul ot

An intention to destroy or cancel. Se^ "Cancellation." Animus Capiendl. The intention to take. 4 C. Rob. Adm. 126, 155. Animus Dedicandl. The intention of donating or dedicating. A