The Cyclopedic Law Dictionary

The intention of remaining. To acquire a domicile, the party must have his abode in one place, with the intention of remaining there; for, without such intention, no new domicile c

The intention of recovering. Locc. de Jur. Mar. lib. 2, o. 4, § 10. Animus Republlcandl. The intention to republish. Animus Restltuendl. The intention of restoring. Animus Reverten

or ANNAT. In Scotch Law. Half a year's stipend, over and above what is owing for the incumbency, due to a minister's relict, or child, or next of kin, after his decease. Whishaw; B

In Scotch law. To alienate; to convey.

In ecclesiastical law. First fruits paid out of spiritual benefices to the pope, being the value of one year's profit. ANNEXATION (Lat. ad, to, nexwre, to bind). The union of one t

(Lat. marriageable years). The age at which a girl becomes by law fit for marriage; the age of twelve. ANNICULUS (Lat.) A child a year old. Calv. Lex. ANNICULUS TRECENTESIMO SEXAge

Yearly rents Issuing out of certain lands, and payable to monasteries.

In civil law. (1) The answers of the prince to questions put to him by private persons respecting some doubtful point of law. See "Rescript." (2) Summoning an absentee. Dig. 1. 5.

The act of announcing or giving public notice; that which announces; proclamation; publication. 170 III. 634. ANNUA NEC DEBITUM JUDEX NON separat ipse. Even the judge divides not a

An annual trial of the gold and silver coin of the United States, to ascertain whether the standard fineness and weight of the coinage is maintained.

In Scotch law. Annual rent or profit.

In Scotch law. Interest. To avoid the law against taking interest, a yearly rent was purchased, hence the term

See "De Annua Pensione."

In Scotch law. Annuities of tithes. The yearly tax or allowance to the crown on tithes not set apart for pious uses. ANNUITY (Lat. annuus, yearly). A yearly sum stipulated to be pa

An impost levied annually in Scotland for the maintenance of the ministers of religion. Abolished 33 & 34 Vict. c. 87. ANNULUS (Lat.) In old English law. A ring; the ring of a door

A year made up of available or serviceable days. Brissonius; Calv. Lex. ANNUUS REDITUS (or REDDITUS). A yearly rent; annuity. 2 Sharswood, Bl. Comm. 41; Reg. Orig. 158b.

Without name. Books published without the name of the author are said to be anonymous. Cases in the reports of which the names of the parties are not given are said to be anonymous

The tenure or nature of the right given by the superior to the vassal. Bell, Diet.

— —In Equity Pleading. A defense in writing, made by a defendant to the charges contained in a bill or information filed by the plaintiff against him in a court of equity. In Code

An ancestor (g. v.)

To put a date to an Instrument of a time before the time it was written. ANTENATI (Lat. bom before). Those bbrn in a country before a change in its political condition such as to a

Before the exhibition of the bill; before suit begun.

or ANTE GE8TUM. Done before. A Roman law term for a previous act, or thing done before.

or JURAMENtum calumnlae (Lat.) The oath formerly required of the parties previous to a suit, — of the plaintiff that he would prosecute, and of the defendant that he was innocent.

Before marriage; before marriage, with a view to entering into marriage.

A copy.

In the Roman law. An officer whose duty it was to keep an eye over the money which the tax gatherers collected for the use of the state. A controller or supervisor of public moneys

The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is defensive. Wolffius, § 1187. ANTICHRESIS (Lat.) In civil law. An agreement

In Roman law. A real or apparent contradiction or inconsistency in the Jaws. Merlin, Repert. It is sometimes used as an English word, and spelled "Antinomy." ANTIQUA CUSTUMA (Law L

In the Roman law. To restore a former law or practice; to reject or vote against a new law; to prefer the old law. Those who voted against a proposed law wrote on their ballots the

English statutes from the time of Richard I. to Edward III.

In old English law. Ancient demesne, contrasted with novum perquiaitum, new purchase or acquest. Fleta, lib. 2, c. 71, § 15.

In old English law. A man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser. He differs from an approver in this, that

or AMTRUSTIO. In early feudal law. A confidential vassal. A term applied to the followers of the ancient German chiefs, and of the kings and counts of the Franks. Spelman. ANUELS L

To ivhich the court agreed. AD QUOD DAMNUM (Lat.) What injury. A writ issuing out of and returnable into chancery, directed to the sheriff, commanding him to inquire by a jury what

In French law. A portion set apart for the use and support of the younger ones, upon condition, however, that it should revert, upon failure of male issue, to his original donor an

A part of a house occupied by a person, while the rest is occupied by another, or others. 7 Man. & G. 95; 6 Mod. 214_; Woodfall, Landl. & Ten. 178. As to what is not an apartment,

An agreement or compart. Du Cange.

Open, unsealed writs.

An overt act.

A form of proving a will, in the civil law, by the witnesses acknowledging before a magistrate their having sealed it. 1 Williams, Ex'rs, 329. APEX JURIS (Lat. the summit of the of

Legal niceties are not laws. Co. Litt. 304; 3 Scott, 773; 10 Coke, 126; Broom, Leg. Max. 142. See "Apex Juris." APICES LITIGANDI (Lat.) Subtleties of law; extreme technicalities. A

In civil law. An examination and enumeration of things possessed; an inventory. Calv. Lex.

The total renunciation of Christianity, by embracing either a false.religion, or no religion at all. This offense can only take place in such as have once professed Christianity. 4

In civil and old English law. An apostate. Code, 1. 7; Reg. Orig. 71b.

An obsolete English writ which issued against an apostate, or one who had violated the rules of his religious order. It was addressed to the sheriff, and commanded him to deliver t

Brief letters of dismissal granted to a party who takes an appeal from the decision of an English court of admiralty, stating the case, and declaring that the record will be transm

Iif civil law. Certificates of the inferior judge from whom a cause is removed, directed to the superior. Dig. 49. 6. See "Apostles." Those sent as messengers. Spelman.

A messenger; an ambassador, legate, or nuncio. Spelman.

In the civil law. A repository; a place of deposit, as of wine, oil, books, etc. Calv. Lex. APPARATOR (Law Lat.) One who furnishes or provides. A sheriff was formerly styled in Eng

That degree of peril of death or great bodily harm which will justify the killing of an assailant in self-defense. The danger need not be real, but must be sufficient to cause a re

In a thing sold, those which can be discovered by simple inspection. Code La. art. 2497. APPARENT (or CONTINUOUS) EASEmerit. One depending on some artificial structure or natural f

One whose right of inheritance is indefeasible, provided he outlive the ancestor. 2 Bl. Comm. 208. In Scotch Law. One who is entitled to enter heir to a deceased ancestor, before a

Of a negotiable instrument. The time when, by its face, it will fall due. APPARITOR (Lat.). An officer or messenger employed to serve the process of the spiritual courts in England

In old English law. Resemblance; likelihood, as apparlement of war. St. 2 Rich. II. St. 1, c. 6; Cowell. APPARURA (Lat.) In old English law. Furniture or implements. Carucariae app

In practice. A coming into court as party to a suit, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court.

The day on which an appearance is required.

An apparent heir (g. V.) APPEL (Law Fr.; Law Lat. appellum). In old English law. An appeal. Britt. c. 22. See "Appeal."

In practice. He who makes an appeal from one jurisdiction to another.

In practice. Pertaining to appeals; having cognizance of appeals.

In practice. The jurisdiction which a superior APPELLATIO (Lat.) An appeal. APPELLE (Daw Fr.) In old practice. The party accused by the process of appeal. Britt. c. 23, See "Appeal

In practice. The party in a cause against whom an appeal has been taken. APPELLO (Lat.) In the civil law. I appeal. The form of making an appeal apitd acta. Dig. 49. 1. 2.

A criminal who accuses his accomplices; one who challenges a jury. APPELLO UR (Law Fr.) In old practice. The party who brought an appeal; the plaintiff in an appeal. Britt. c. 22.

Payment of money by weight instead of by count. Cowell.

An old form of appurtenances (g. V.) Cowell. APPLICARE (Lat.) In old English law. To fasten to; to moor (a vessel). Anciently rendered, "to apply." Hale de Jure Mar. par. 2, c. 3.

Application is the life of a rule. 2 Bulst. 79. APPLICATION (Lat. applicare). The act of making a request for something. A written request. The use or disposition made of a thing.

The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust. As distinguished from an election, it seems that a

One authorized by the donor, under the statute of uses, to execute a power. 2 Bouv. Inst, note 1923. Also called "donee." APPORT (Law Fr.) In old English law. Tax; tallage; tribute

The division or distribution of a subject-matter in proportionate parts. Co. Litt. 147; 1 Swanst. 37, note; 1 Story, Eq. Jur. 475a. Of Contracts. The allowance, in case of the part

In old English law. The revenue, profit, or emolument which a thing -hrings to the owner. Commonly applied to a corody or pension. Blount.

In English law. The charging them with money received upon account of the exchequer. 22 & 23 Car. II.; Cowell.

In English law. An officer of the exchequer, whose duty it was to examine the sheriffs in regard to their accounts handed in to the exchequer. He was also called the "foreign appos

In French law. An addition or annotation made in the margin of a writing. Merlin, Repert.

A just valuation of property. A valuation under public authority as of the goods of a decedent, or of property taken for public use. Appraisal for taxation is called "assessment" {

In practice. A person appointed by competent authority to appraise or value goods or real estate. APPREHENSIO (Lat.) In the civil and old English law. A taking hold of a person or

In Practice. The capture or arrest of a person on a criminal charge. The term "apprehension" is applied to criminal cases, and "arrest" to civil cases; as, one having authority may

A person bound in due form of law to a master, to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. 1 Bl. Comm. 426; 2 Kent, Comm.

An accident name for students at law, and afterwards applied to counsellors, apprentici ad barras, from which comes the more modern word "barrister."

A contract by which one person who understands some art, trade, or business, and called the "master," undertakes to teach the same to another person, commonly a minor, and called t

An apprentice to the law; a law student; a counsellor below the degree of serjeant; a barrister. See "Apprentice en la Ley."

In Scotch law. A form of jjrocess by which a creditor formerly took possession of the estates of the debtor in payment of the debt due. It is now superseded by "adjudication."

The right of visit or visitation to determine the national character of the ship approached for that purpose only. 1 Kent, Comm. 153.

In Scotch law. To approve and reject. The doctrine of approbate and reprobate is the English doctrine of election. A party cannot both approbate and reprobate the same deed. 4 Wils

Of Payments. The application of a pa3mient made to a creditor by his debtor, to one or more of several debts. In the absence of an agreement, the application is presumed to be that

To increase the profits upon a thing. Used of common or waste lands which were inclosed and devoted to husbandry. 3 Kent, Comm. 406; Old Nat. Brev. 79. While confessing crime one's

Notes endorsed by another per.son than the maker, for additional security. See 20 Wend. (N. Y.) 431.

By the common law, approvement is said to be a species of confession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the. fact before p

In English criminal law One confessing himself guilty of felony, and accusing others of the same crime to save himself. Comp. Inst. 250; 3 Inst. 129. Such an one was obliged to mai

Things belonging to another thing as principal, and which pass as incidents to such principal thing. 10 Pet. (U. S.) 25; 1 Serg. & R. (Pa.) 169; 117 Mo. 61; 61 N. Y. 390; 53 N. H.

Pertaining to. See "Appurtenances."

Correct technical words, requiring no latitude of construction to give them the meaning intended. APTA VI RO A marriageable woman; sometimes used to denote that she is of legal age

Water that was drawn in summer only.

The water yields or accompanies the soil. The grant of the soil or land carries the water. Hale, de Jur. Mar. pt. 1, c. 1; 2 Bl. Comm. 18.

Covered with water. 2 P. Wms. 128.

Running water. Fleta, lib. 4, c. 6, § 3. AQUA CURRIT ET DEBET CURRERE ut currere solebat. Water runs and ought to run as it has used to run. 3 Rawle (Pa.) 84, 88; 26 Pa. St. 413; 3

In civil law. A servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. Dig. 8. 3. 1; Inst. 2. 3; Lalaure des Serv

In civil law. A servitude which consists in the right to draw water from the fountain, pool, or spring of another. Inst. 2. 3. 2; Dig. 8. 3. 1. 1.

In civil law A servitude which frequently occurs among neighbors. It is the right which the owner of a house, built in such a manner as to be surrounded with other buildings, so th

Spring water. Fleta, lib. 4, c. 27, § 8.

Flowing or running water. Dig. 1. 8. 2.