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

Attachiare, /. To take a person or goods by commandment of a writ or precept, and keep for presentment in court. Differing from an arrest in that the latter term is only used of pe

A distress formerly levied by baihffs upon the goods of one sued for a personal debt, as a security to answer to the action.

Attachiamentum, I. 1. A process of taking into custody a person or property; it issues from courts 'of i:ecord in cases of contempt. If issuing only against the person, it is calle

The extinction of civil rights and capacities which resulted upon judgment of death or outlawry for treason or felony. It included forfeiture of property; corruption of blood, so t

An old writ brought for the reversal of an improper verdict. The action was tried by a jury of twenty-four men; and if the first verdict found

fr. To attaint, taint, attainted; convicted Attendant terms. Long or his trustee as a distinct more secure.

I. To attempt. motion or act in a cause appeal.

I., Atterminer, grant time for the payment

Evidence. execution of a legal as testimony of the fact.

att Uamentum, I.

/. To touch; amount to, attain. tainted.

/., Attorner,/r., a transfer; to put in ment: the act of a reversion, with its rents knowledging the new

I., Attorney. other. If in conducting V. Barrister. If by broadly, in matters in fact]. Attorney-general ment. Au,_^. At the; to the; phrase used in the some person to whom case of

I. Oyer et terminer; v. Assize.

I. (The complaint having been heard.) A writ whioli Kes ^for a defendant who is in danger of execution, tp recall or prevent the execution for some cause which has happened since j

/., Auditor. One who examines accounts. In practice, a person appointed by the court to take and state an account.

;. Hearing; oyer.

The increase of crown revenues arising from the suppression of religious houses, 27 Hen. VIII., and the appropriation of their revenues. A court erected by Henry

/. A hall, court. Aula regia, regis: the supreme court of England established by William the Conqueror, afterwards divided into three common-law eourts and Chancery; v. Court, 4.

Almoign,/r. Alms. Auprfes,/r. Near; nigh; about.

alloyner,/r. To eloign Allonge,/)-. A piece of paper write further indorsements, when document itseK.

ausiut, etc.,/?-.' Also; in this manner.

/. Either; or. Aut eo ciroiter: or thereabouts. Autant,/r. As much; so much; like as.

autre, fr. Another; other. Auter action pendant (another action pending): a plea in abatement stating that a prior suit has been begun for the same cause. En autre droit: in right

I., Alluvion. Natural river or sea shore.

Aid; an aid. Auxilium curiae: an old precept of the court citing one person to warrant something, at the suit of another. Availe,_/r. Profit; proceeds. Avail of marriage: value of

Aventure,/r. Chance; mischance; adventure.

avener,^. To come, become; happen. Avenage,_/5-. Oats, given a landlord in lieu of rents or services.

To state; to plead; to avouch or verify.

avoir.y?-. To have; v. X.

1. A service with cattle, due to a lord by his tenant. 2. A medium, mean. 3. A loss or damage to ship or cargo at sea. 4. The adjustment or apportionment of such loss among the own

Lien. Particular estate: a remainder. held by more than one owner, as coparcenary, into several shares. persons for the purpose of profit, are mutually principal and or losses; a g

A reserved rent in com, paid to religious houses by their tenants. Aver-Iand: land ploughed and manured by the tenants. Aver-peny: money paid to be freed from doing the King's aver

/., averia. A working beast, an heriot; cattle. Averia carucae: beasts of the plough. Averia elongata: cattle eloigned, carried away. Averiis captis in withernam (cattle taken in w

The ending part of a plea in confession and avoidance, or any affirmative pleading, which offers to verify the plea; the verification, v. Aver.

I. A turning away of peril; used of the contract of insurance.

/., aviser,/r. To adyise; consult; deliberate. Avisamentum, /..■ counsel. Avis,/r.. advised, instructed.

A makuig void; an evading or escaping; the state of bei Qg vacant, v. Confession, Plea.

fr. The calling into court, by a tenant, of a person bound to warrant, to defend the title or yield Mm other lands. Avouterie,/r., Avowtry. Adultery.

Recovery. To to defend the title. receipt. voiez: you see. voice of God. Vox the spoken word flies, Vulgaris purgatio: from canonical purbattel: to give security wage law: v. Wager

Avovrson, etc. v. Advote, etc.

A pleading in replevin whereby the defendant avows [confesses] the taking, and seeks to justify it on Ms own right; T. Conusance, Cognizance.

Earth suddenly removed by water and placed on the land of another; or land joined to another's land by change in the bed of a stream. Such land remains the property of its original

The decision of an arbitrator, referees, or commissioners.

A crop sown during the last year of a tenancy, but not ripe until after the end of the term. Ay. In the beginning of French words; v. Ai. B.

sax, (Carrying on the back.) A term used of a t Mef caught with the stolen goods.

In Scotch law, a declaration of trust.

Indorsement. Backing a w^arrant: the indorsement of a warrant, issued in one county, by a justice of the peace of another, which enables it to be served in the latter county.

A yard be Mnd a house.

The person to whom a bailment is made.

In Scotch law, a magistrate, alderman, bailiff; v. Court, 92.

A keeper; a sheriff's officer; a land steward.

The person making a bailment.

A memorandum of special bail signed by the judge and filed in court.

Banns. A proclamation; edict; the announcement in church of a proposed marriage. The spiritual judge might dispense with these by giving a marriage license; but a marriage without

Bank, Bancus, I. A bench; the fuU bench; the fuU court, as distinguished from the sitting of a single judge at nisi prius. Communis Bancus, abb. C. B.: the Common Bench, the Englis

Bank-bill. A promissory note issued by a bank and payable to bearer on demand, intended for circulation as money. Bankruptcy Courts: v. Court, 50.

A partition running across a court-room, separating the public and outer barristers from the court, attorneys, sergeants. Queen's counsel, officers, and parties appearing in person

A method of conveying land without livery of

/., Baron,//-. A freeman; a baron. Baron et feme: husband and wife. Court Baron: v. Court, 11, 34.

1. A vassal holding directly of the King. 2. The fifth and lowest Enghsh degree of nobility. 3. A judge of the Court of Exchequer.

I., Barre,/r. A plea in bar; the bar of a court.

Fraudulent, negligent, or wilfully injurious conduct on the part of the master and crew of a ship, to the damage, and without the knowledge of, the owner.

The offence of frequently exciting groundless suits.

In England, a counsel admitted to plead at the bar. Outer or utter barristers: those who appear without the bar, as distinguished from inner barristers (sergeants, or Queen's couns

1. A fee with a qualification; determinable upon some collateral event. 2. A tenure in fee at the wiU of the lord. Base tenure: by base services, as by villenage or customary servi

Li the common law, a person bom out of matrimony, or under circumstances which render it impossible for him to have been the son of the husband. Bastard-eigne,/-..- the son of two

The statutory method of procedure against the putative father to secure the bastard's maintenance. Baston,/-. A staff or club; an officer, tipstaff.

Bataile,/r. Combat; duel. ^Vager of battel: a method of trial by personal conflict which prevailed in the courts of chivalry; on appeals and approvements for felony; and on writs o

The physical injury of one person by another; usually employed, in connection with assault, of unlawful injury.

The buck, doe, fox, mai-ten, and roe. Beasts of the forest: the hart, hind, boar, and wolf. Beasts of the warren: the hare, coney, pheasant, and partridge.

A crier; an apparitor; a bailiff; a beadle.

/. War. Bello parta cedunt reipublicae: things acquired in war go to the state.

A seat of judgment; a court; the judges; v. Court, 5, 18. Bench ^warrant: a warrant issued by the judge or court itself for the arrest of a person indicted, or for contempt; a just

The governing members of the English Inns of Court.

/. Well; sufficiently; in due form. Beuedicta est ezpositio quando res redimitur a destnictione: that is a blessed interpretation wheu a thing is saved from destruction [by which e

In England, a church living.

The cestui que trust.

A benefice. Beneficium clericale: benefit of clergy.

A privilege of exemption from capital punishment, granted to all who could read. The prisoner was then handed over to the Court Christian, where he cleared himself upon his o^th an

I. Good pleasure. Durante beneplacito ipsius: during his good pleasure.

An extraordinary aid granted by freemen to the sovereign, nominally voluntary.

propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non e contra, debent inservire, i. Interpretations are to be made liberally, by reason of the

To give personal property by will.

bernita, /. A manor; part of a manor; a hamlet appurtenant to a manor; a town.

The old name of the Barmote Court j v. Court, 73.

I., Berg. 1. A plain, an open field. 2. A berg; a mancr; a burgh.

sax:. Arson; any capital offence.

Besayle, etc.,/r. A great-grandfather. A writ like Aiel, brought on the seisin of a great-grandfather; v. Aiel.

the Court of Chancery and certain statutory powers. In modem six superior courts of equity, over which cery proper, just mentioned, had appellate (16.) Court of the Master of the

bestlales, etc., fr. Beasts; cattle.

A permanent improvement or addition made to lands or houses by the occupant; something more than repairs.

Ballivia, I. A sheriff's jurisdiction; or a liberty exempted therefrom; a county. Bailment A delivery of goods by one person to another for a purpose or trust; the contract resulti

beyond the four seas. Out of the kingdom of Great Britain and Ireland. Out of the United States. Out of the State. Bien,y>-. "Well; advisable; lawfully. Del bien estre: de bene ess

I. The period o\ two years.

fr. Goods; goods and chattels; property in general. Biens meubles: bona mobilia, movable goods.

The oifence of having two wives or husbands at the same time. In the civil and cauon law, having them either at the same time, or one after the death of the other.

bilagse, /. By-laws; laws of towns.

Two-sided, v. Contract.

Collateral.