Glossary of Technical Terms, Phrases, and Maxims of the Common Law

afiert, a Sert,fr.

/. To file.

I. One related mihi affinis: one marriage has no affinity

I., Affinity. Affirmant. One who making oath) where Affirmant!, non neganti, upon the one affirming,

I., a Saxxaer,fr. state in pleading; give the ratification, of a to be bound thereby.

Testimony

/., afforcer,/r. strengthen. Afforcing ing jurors until some keeping the jury without

L, afforest. Affranchir,^/. To

A public fight of others. There must weapon drawn. It an assault; and it is Affrectamentum, I., of a vessel.

I. To swear to; swear fealty; pledge one's faith. Hence affidavit, oath in before statement that the datus: a tenant by

The second Agaitj^r. Waiting; in

ji?-. Award.

Capacity of legal man, after seven he sciously guilty; after twelve, he take defendant has good ground of defence. Af Bfealty. ' It belongs, it behooves. Affiletur: let it be filed

awnhin, sax. A guest, an inmate, one of the household, for whom the host is answerable if he break the peace.

A person is so called when both the doer of a thing and he to whom it is done. General agent: an agent authorized to perform a general class of acts, or employed as practising a ce

/. A field; an acre.

Matters of aggravation are those which are inserted in the declaration to increase the damages, but not affecting the right of action.

I. The meeting of minds; spoken of the moment when a contract is complete.

sax. Free from penalty; not subject to the customary fine.

sax. An observer, informer.

Hal. The term used in commerce to express the difference in value between one kind of currency and another. Agiser,/r. To lie. Agisant: lying.

/., Agistment The taking in of cattle to feed at a certam rate per week; also, the profit thereof. Also, a duty or tax for repairing banks, dikes, or sea-walls, levied on the owner

I., Agistor, /r., Agist To put, place, assign, apportion. To take in the cattle of strangers to feed in a royal forest. To take cattle to pasture at a certain rate of compensation.

/. A hay-ward, herd-ward, the keeper of cattle in a common field.

Agnati, I. Agnates; relatives by the father's side.

I., Agnation. Kelatioa or kinship through males.

I. An additional name, a nickname.

Kelating to land, or the division or distribution thereof.

/. To agree. Agreavit: he agreed. Agreamentum: agreement.

A service or payment due from tenants in chivalry to their lords; usually either to ransom the lord's person; pur faire I'eigne fitz chivaler, to make the eldest son a knight; or p

fr., Aid-prayer. A proceeding by which one sued for land in which he had a limited interest sought suspense of the action and aid of his lord or reversioner. So a tenant in capite,

Where a defect or error in pleading which might have been objected to is, after verdict, no longer open to objection; is " cured by the verdict."

Extraordinary grants to the Crown by the Commons.

aieul, ayle, fr. A grandfather. A writ which lay for the heir to recover lands on the seisin of his grandfather, when a stranger had entered on the day of the grandfather's death.

aylours./r. Elsewhere; besides. Ainesse,/r. Bsnecy, q. v.; the right of the eldest born. Ainsi,/r. Thus; so. Ainsi come: even as it were. Ainsi soit il: so be it.

aerer, fr. To plow. Aireau: a plough.

/., Aisement, /r. An easement.

/. White rent; rent payable in silver, as distinguished from black rents, black mail, payable in corn, work, or the like. Album breve: a blank writ. Aleatory; v. Contract. Hazardou

(. (Other wrongs.) A general statement of injuries at the end of a declaration in trespass, under which matters of aggravation may be given in evidence.

/. Otherwise; at another time; formerly. Alias dictus: otherwise called. Alias -writ: a second writ, issued after a previous one has been issued in the same cause without effect.

I. Elsewhere. A defence in criminal law, showing that the accused was in another place when the offence was committed.

One born in a foreign country, not naturalized. Alien amy: the subject of a foreign nation at peace with our own. Alien enemy: the subject of a foreign nation at war with our own.

I., Aliener, fr., Alienate, Aliene. To transfer, convey.

I., Alienation. The transfer of ownership, conveyance. Alienatio licet probibeatur, consensu tamen omnium in quorum favorem prohibita est, potest fieri: though alienation be forbid

alienum, I. Another's, by or of another.

In Scotch law, to give support to a person unable to support himself.

An allowance made to the wife out of the husband's estate, during or at the termination of a suit, for her maintenance while separated from her husband.

/. In a different view; with another purpose.

/. In any way.

/. - Somewhat; something. Aliquid conceditur ne injuria remaueat impunita, quod alias non concederetur: something is conceded which otherwise would not be, lest an injury should go

/. Any one. Aliquis non potest esse judex in propria causa: no one can be judge in his own cause.

I. Otherwise; otherwise decided. Aliter vel in alio modo: otherwise, or in another way.

aliud tacere, I. It is one thing to conceal, another to be silent.

/. From another place, from another source.

/. To allege, or state. AUegans contraria non est audiendus: one alleging contradictory things is not to be heard. AUegans suam turpitudinem non est audiendus: one alleging his own

A pleading; a statement of a fact; the assertion of a party in a cause of what he intends to prove. Allegation of Faculties: the statement made by the wife of the property of her h

I. To clear one's self, defend, by due course of law; to wage one's law.

The allegation of some error in a subordinate part of the nisi prius record.

The running of one

I., Allocation. An in the English Exchequer. Allocatioue facienda, /. (To lay for one of the Crown's commanding them to allow him expended.

/. v. Exigent.

/. v. Exigent.

Free; not held of any

alodium, alodum, /. superior; hence, owing no rent,

An assignment wages to a near relative.

EU-measufe. A duty uring and sealing by the alnager.

I. A place where alders

I. The holder of an

alode. \. Allodium.

//•. y Altus, alta, etc., /. treason. Alta via; highway.

Offerings made upon tributions; tithes.

I. Another.

/. Interchangeably. estate. fine or composition. vessel into another. abb. alloc.: it is allowed. allowance made upon an account make allowance.) A writ which accountants against t

/. Alternately; by

I. One of the two; each.

/. The name of owner of a house was restrained from tain limit.

I. High and low. A lute submission of all differences to

/. The high sea.

and in force in the client. of both hands; one who action. of meaning in the patent, when the doubt itself; latent, when the collateral circumstances. veriiicatione suppletur, veri

A collection of sea eleventh century by the people of Mediterranean countries.

/. A servant, messenger; Ambideux,^. Both.

/. One who has the use takes bribes from both parties to an

/., Ambiguity. Uncertainty words of a written instrument. It is arises upon the face of the instrument doubt arises from extrinsic matter or Ambiguitas verborum latens nam quod ex

I. An ambulatory, ble will or intention. Amesnable. Alternativa petitio prayer is not to be heard. turn. another. a servitude by which the building higher than a cerphrase applied

Amercement. posed by a court not necessarily amount. The defendant was said or lord whom he had offended; the affeerors; v. Fledges to Amefcner,/r. To lead, drive; to to court.

One brought tle a doubtful point of law, the Amittere liberam legem, I. To tere legem terras: to lose the sions used of an outlaw, one bearing vritness, or being juryman, the punis

Turning out; dispossession Amour,^. Grace; favor.

I. That you main.

/., Amplier,/r. To.ation: a deferring judgment till Krsi.y,fr. Friend. Prochein amy An, anne, ann,yr. A year. An,

gr., I., Anatocism.

The person from whom cessarily related lineally. Ancestral action, Action. punishment by disgrace, infamy, or satisfactory apology. A penalty, like a fine, but imof record, and of

A tenure manors held by the Crown at the time of or William the Conqueror. A species of services and certaia privileges. A plea of may be pleaded in abatement to real actions, the

Attendant upon; auxiliary;

/. Of doubtful [legal or illegal]

/. The eldest, first-born.

gr., I. A forced or excessive service of a vassal. The impressment of a vessel. Angleterre,/A England.

Jus aquam ducendi: the right of leading water [over another's land]. Jus banci (the^ right of bench): the right of ha Tiug a high seat of justice, allowed only to the King's justic

I. In English.

terrse: by the law of dletatem linguae: by half-tongue et bundas: by metes and bounds. misadventure: by mishap. Per the half and of all; v. Joint tenants. judges]. Per pais: by the

adnichiler, anienter, anientir, avoid, annul. Anient, etc.: void.