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

Antic,//. Old time, of old.

I. A ■woman's marriageable years, the age of twelve.

A yearly sum payable by the grantor, charging his person only.

/. The ring and staff; used as symbols in feudal and ecclesiastical investitures.

I. A year. Annus deliberandi: the year of deliberation, allowed in Scotch law to the heir to decide whether he will accept the inheritance. Annus et dies: a year and a day. Annus,

Any defensive pleading except a demurrer. The usual mode of defence in equity, eorresponding to a plea at law.

/. Before. Ante eadiibitionem billae (before the exhibition of the bill): before the commencement of the suit. Ante litem motam: before suit brought. Ante occasum solis: before sun

I. A pre Kminary oath required of the accuser, to prosecute; and of the accused, that he was not guilty; in old English law.

I. Persons born before a particular event.

I. A sort of mortgage, in which the debtor transfers the thing or estate to the creditor, who is entitled to retain the use and profits in lieu of interest.

/. The Acts of Parliament from Richard I. to Edward III. Ut antiquum: v. Feudum. Antiquum dominicum: ancient demesne. Antiqua custuma: •^.Custwma. Anuels livres,/?-. The Tear books

/. An annuity; a yearly rent. Anoyer,/r. To trouble, annoy. Annoysance: a nuisance.

I. Acoeptilation declaring it paid when it

aparaile,/r. Ready. Ap'erte,/r. Open; plain. Apertement: openly. I. brevia unsealed.

I. A subtlety of law. jura: the mere subtleties of law are not

I. t. De.

apostyle,//. An addition; a

The papers forming the record mitted, in civil or admiralty practice, higher court; Brief letters of dismissal, stating that the record will be transmitted.

apparitor, I. A messenger the ecclesiastical courts.

One who will be the heir cestor's death. In Scotland, the 'heir after and before he enters.

I. To appear. Apparitio: an

as in England, with appeal from the latter to the House of Lords; and law and equity are concurrently administered. TV. American Courts. 103. Courts of the United States. They have

1. The complaint, and removal court, for error or informahty, for the view. 2. In English criminal law, the vate person against another, of some punishment on behalf of the, party

The coming of a party into attorney.

Having cognizance of appeals.

An appeal; a challenge.

Annexed, or belonging to it. Like appurtenant, except that cannot be created by grant.

appers, apierge,^. It appears.

The appropriation a debtor, to some particular debt.

v. Power.

/. To appraise, estimate.

A person, usually a minor, serve another for a term of years, in ported and taught a trade.

I. Barristers at Apprester,/?-. To prepare. Apprest: Pirst. Apices juris non sunt law. on appeal, and transfrom the lower to the given the appellant, and marginal note. who serves

To approve vantage of one part of a document and

The perpetual annexing fice to the use of a spiritual corporation propriation of Payments: v. Approver,//-., Approbare, /., Approve. vate and enclose waste land.

A person indicted of a capital crime before pleading and accused crime. This latter was called the found guilty, the approver was acquitted otherwise the accuser was hanged The acc

Things appurtenant. Apres,/r. After; afterwards. Apres midi: after noon. Cy apres: thereafter.

Belonging to, accessory thing incident to something else and may be either corporeal or incorporeal, grant, accession, or prescription.

I. Marriageable.

/. Among; with; at. Apud acta the recorded proceedings, in presence

I. Water. Aqua cedit solo water goes with the land which it debet currere, ut currere solebat: to run, as it used to run. Aquse conducting water through the land haustus: the right

I., Aquage. A water-course riage; ewage.

/., Arer,/r. To ear, to plough. app Ued to such vassals as held their ing the lord's manor lands. Aralia,

A plough-land, and reject; to take adreject the rest. of an ecclesiastical benesole or aggregate. Ap- Application. To improve; to culticrime who confessed the [appealed] another of

I. A tree. Arbor civilis, consanguinitatis tree. Arbor dum crescit, lignum dum [called] a tree while it grows, wood while it when cut].

I. Secrets of state.

The ecclesiastical officer next the ed by him and having a court of concurrent diocese or a part of it. v. Court, 81.

the Consistory Courts, the Court of Peculiars, the Prerogative Courts the Court of Faculties, and, of Delegates. There was High Commission. 80. was held by each bishop, appeal to t

so called because {Sancta Maria de Arcuhus, held in Doctors' Commons, principal consistory court appeal from all other extensive original jurisdiction Audience Court was appeal for

v. £loiirt, 83.

/., Arohie Tesque,/r.

I. In close and safe A.ieT, fr. To plough. Arer et semer: to plough Arere./r., Aretro, I. Behind; in arrear; back Arg., Arguendo, /. In arguing; by way of

I. (God's money.) Earnest-money.

Indirect, inferential. Used portant part of which is stated by implication

I. Argument. Argumentum accidentibus in jure frequens est: an monly occurring things is frequent in law. divisione est fortissimum in lege: an [of the subject] is of very great for

/. Weapons offensive and defensive. arms, a sword and lance given to a servant Arma moluta: sharpened weapons. Arma versed arras): a punishment for treason or matter has been rearb

Armig,;.. An esquire; one entitled arms; a servant to a knight.

arpent,/r. A measure of land.

arrae, arrhse, /., arrhes,/?-. Earnest-money.

To call one accused of crime before

The whole body of jurors summoned to list of jurymen, arranged in the panel.

arrearages. Money due on rents, unpaid at the given time.

axiette,/r., I. To accuse; accused.

I. A renting; arrentation, lands in a forest to enclose tbem with a ditch, under a yearly rent..

v. J.rer. Arrere. v. Arere.

I., Arrester,/;-. To arrest, to take

Arrest. In Scotch law, a process garnishment. Arrestee: the garnishee.

A staying of judgment error apparent on the record. Arrestandis bonis ne dissipentur, I. A whose cattle or goods were taken by another make away with them and unable to make

I., axiettei, fr. To accuse.

v. Arra. Earnest-money, v. Denarius

Indefinite services tenants.

Burning in the band; the pleading their clergy; v. Benefit of Clergy.

The wilful burning of another's house. Art and part A term used in Scotch law of to a crime, or aiding and abetting in it.

A species of pleading in the English The division or paragraph of a document. religion, or the thirty-nine articles: a of the Church of England, formed by Cranmer, Convocation of 1

A person bound to senre attorney for his instruction until admitted

I. An article; a point. In point of death. Artiouli super Chartas:

I. A ploughing; a day's -vrork at

asgavoir./r. To wit; to say; to Asceverer,y>. To affirm. Ascient,/r. Knowing; knowingly.

adscriptitii, I. Tenants by law, naturalized foreigners. Ascun.y^. Any one, some one. Asoyne,y>-. v. Essoin.

/. To carry away. Asportavit: V. De bonis asportatis.

Abb. from Assisa, an assize.

I., Assart, essart. To pull up land in a forest. Assartum, assart:

An attempt of one man to do real or apparent, and coupled with real jure. T. Battery. Assayer,/)-. To essay, try. Assaye, nation or trial.

/. To make secure; to assure curatio: assecuration, assurance.

The meeting of do an unlawful act.

etc. v. Assartare.

Property available for debts or mains: assets in hand, property which hands of the executor or trustee for the sets per discent: property which goes with the ancestor's specialty d

assign. A person to whom a right of property is transferred.

A transfer of property. Assignment of dower: the ascertaining and setting out of a widow's share in her husband's estate. Assignment of errors: the statement of the case of the pla

/., Assise,/)-., Assize. A jury, inquest, summoned by a writ of assize. Also, a court; the sittings of a court; an ordinance or statute; a tax or tribute; an adjustment or measure;

A writ issued by Chancery to execute a decree for the possession of lands.

A writ or patent addressed to the justices of the assize, commanding and authorizing them to associate others with them as justices, usually learned sergeants at law or the clerks

Assoilzie, sc, Assoiler./r. To acquit, absolve; to deliver from excommunication.

/. He assumed; he undertook. A promise, contract, undertaking. The name of an action on the case, which lies for the party injured by the non-performance of a parol contract. It th

Assurantia, I. An instrument used as evidence of the title to land. Common assurances: a man's title-deeds. Also, Insurance, q. v. The word has lately been applied to life insuranc

assithment. An action in Scotch law, brought by the relatives or personal representatives of a murdered person against the guilty person before the trial of the latter. Damages wer

An arraignment. Astre,/)-., Astrum, A A hearth; a house. Astrer, Astrarius, /.; a householder; belonging to, or born in, the house, v. Hteres.

sax. A penalty of double the damage for breach of the King's peace. At,/r. Hath; and. At arm's length. Out of another's undue influence or control. At bar: before the court. At lar

acya, etc., /. Malice; hatred. I. the harness of horse

/. A court before a house; a churcli-yard.