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A , the first letter of the English and most other alphabets, is frequently used as an abbreviation, (q. v.) and
A MENSA ET THORO , from bed and board. A divorce a mensa et thoro, is rather a separation of the parties by act of law, than a
A PRENDRE , French, to take, to seize, in contracts, as profits a prendre. Ham. N. P. 184; or a right to take something
A QUO , A Latin phrases which signifies from which; example, in the computation of time, the day a quo is not to be
A RENDRE , French, to render, to yield, contracts. Profits a rendre; under this term are comprehended rents and service
A VINCULO MATRIMONII , from the bond of marriage. A marriage may be dissolved a vinculo, in many states, as in Pennsylvania, on the
AB INITIO , from the beginning. 2. When a man enters upon lands or into the house of another by authority of law, and af
AB INTESTAT . An heir, ab intestat, is one on whom the law casts the inheritance or estate of a person who dies intestate.
AB IRATO , civil law. A Latin phrase, which signifies by a man in anger. It is applied to bequests or gifts, which a ma
ABANDONMENT , contracts. In insurances the act by which the insured relinquishes to the assurer all the property to the th
ABANDONMENT , contracts. In the French law, the act by which a debtor surrenders his property for the benefit of his credi
ABANDONMENT , lights. The relinquishment of a right; the giving up of something to which we are entitled. 2. ? Legal righ
ABANDONMENT , malicious. The act of a hushand or wife, who leaves his or her consort wilfully, and with an intention of ca
ABANDONMENT . In maritime contracts in the civil law, principals are generally held indefinitely responsible for the oblig
ABANDONMENT for torts, a term used in the civil law. By the Roman law, when the master was sued for the tort of his slave,
ABATEMENT , chancery practice, is a suspension of all proceedings in a suit, from the want of proper parties capable of
ABATEMENT , contracts, is a reduction made by the creditor, for the prompt payment of a debt due by the payor or debtor.
ABATEMENT , merc. law. By this term is understood the deduction sometimes made at the custom-house from the duties charg
ABATEMENT , pleading, is the overthrow of an action in consequence of some error committed in bringing or conducting it
ABATEMENT OF A FREEHOLD . The entry of a stranger after the death of the ancestor, and before the heir or devisee takes possession, by
ABATEMENT OF LEGACIES , is the reduction of legacies for the purpose of paying the testator's debts. 2. When the estate is short of
ABATEMENT OF NUISANCES is the prostration or removal of a nuisance. 3 Bl. 2. ? 1. Who may abate a nuisance; 2, the manner of abating
ABATOR is, 1st, he who abates or prostrates a nuisance; 2, he who having no right of entry, gets possession of the fr
ABATUDA , obsolete. Any thing diminished; as, moneta abatuda, which is money clipped or diminished in value. Cowell, h
ABAVUS , civil law, is the great grandfather, or fourth male ascendant. Abavia, is the great grandmother, or fourth f
ABBEY , abbatia, is a society of religious persons, having an abbot or abbess to preside over them. Formerly some of
ABBREVIATION , practice. ? The omission of some words or letters in writing; as when fieri facias is written fi. fa. 2. In
ABBREVIATIONS and abbreviated references. The following list, though necessarily incomplete, may be useful to some readers.
ABBREVIATORS , eccl. law. Officers whose duty it is to assist in drawing up the Pope's briefs, and reducing petitions into
ABBROCHMENT , obsolete. The forestalling of a market or fair.
ABDICATION , government. 1. A simple renunciation of an office, generally understood of a supreme office. James II. of En
ABDUCTION , crim. law. The carrying away of any person by force or fraud. This is a misdemeanor punishable by indictment
ABEARANCE . Behaviour; as, a recognizance to be of good abearance, signifies to be of good behaviour. 4 Bl. Com.,251, 25
ABEREMURDER , obsolete. An apparent, plain, or downright murder. It was used to distinguish a wilful murder, from a chance
ABETTOR , crim. law. One who encourages or incites, persuades or sets another on to commit a crime . Such a person is
ABEYANCE , estates, from the French aboyer, which in figurative sense means to expect, to look for, to desire. When the
ABIDING BY PLEA . English law. A defendant who pleads a frivolous plea, or a plea merely for the purpose of delaying the suit;
ABIGEAT , civ. law, A particular kind of larceny, which is committed not by taking and carrying away the property from
ABIGEI , civil law. Stealers of cattle, who were punished with more severity than other thieves. Dig. 47, 14; 4 Bl. C
ABJURATION ? A renunciation of allegiance to a country by oath. 2. ? 1. The act of Congress of the 14th of April, 1802, 2
ABLEGATI , diplomacy. Papal ambassadors of the second rank, who are sent with a less extensive commission to a court wh
ABNEPOS , civil law. The grandson of a grandson or grand-daughter, or fourth descendant. Abneptis, is the grand-daught
ABOLITION . An act by which a thing is extinguished, abrogated or annihilated. Merl. Repert, h. t., as, the abolition of
ABORTION , med jur. and criminal law. The expulsion of the foetus before the seventh mouth of utero-gestation, or befor
ABORTUS . The fruit of an abortion; the child born before its time, incapable of life. See Abortion; Birth; Breath; De
ABROGATION , in the civil law, legislation. The destruction or annulling of a former law, by an act of the legislative po
ABSCOND . To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed in order to avoid t
ABSENTEE . One who is away from his domicil, or usual place of residence. 2. After an absence of seven years without b
ABSOLUTE . Without any condition or encumbrance, as an "absolute bond," simplex obligatio, in distinction from a condit
ABSOLUTION . A definite sentence whereby a man accused of any crime is acquitted.
ABSQUE HOC , pleading. When the pleadings were in Latin these words were employed in a traverse. Without this, that, (q.
ABSQUE IMPETITIONE VASTI . Without impeachment of waste. (q. v.) Without any right to prevent waste.
ABSQUE TALI CAUSA . This phrase is used in a traverse de injuria, by which the plaintiff affirms that without the cause in his p
ABSTENTION , French law. This is the tacit renunciation by an heir of a succession Merl. Rep. h.t.
ABSTRACT OF TITLE . A brief account of all the deeds upon which the title to an estate rests. See Brief of Title.
ABUSE . Every thing which is contrary to good order established by usage. Merl. Rep. h. t. Among the civilians, abus
ABUTTALS . The buttings and boundings of land, showing on what other lands, rivers, highways, or other places it does a
AC ETIAM , Eng. law. In order to give jurisdiction to a court, a cause of action over which the court has jurisdiction
ACCEDAS AD CURIAM , Eng. law. That you go to court. An original writ, issuing out of chancery, now of coarse, returnable in K. B
ACCEDAS AD VICECOMITEM , Eng. law. The name of a writ directed to the coroner, commanding him to deliver a writ to the sheriff, who h
ACCEPTANCE , contracts. An agreement to receive somethinng which has been offered. 2. To complete the contract, the acce
ACCEPTILATION , contracts. In the civil law, is a release made by a creditor to his debtor of his debt, without receiving an
ACCEPTOR , contracts. The person who agrees to pay a bill of exchange drawn upon him. There cannot be two separate acce
ACCEPTOR SUPRA PROTEST , in contracts, is a third person, who, after protest for non-acceptance by the drawee, accepts the bill for t
ACCESS , persons. Approach, or the means or power of approaching. Sometimes by access is understood sexual intercours
ACCESSARY , criminal law. He who is not the chief actor in the perpetration of the offence, nor present at its performan
ACCESSION , international law, is the absolute or conditional acceptance by one or several states, of a treaty already c
ACCESSION , property. The ownership of a thing, whether it be real or personal, movable or immovable, carries with it th
ACCESSORY , property. Everything which is joined to another thing, as an ornament, or to render it more perfect, is an a
ACCESSORY CONTRACT . one made for assuring the performance of a prior contract, either by the same parties, or by others; such as
ACCIDENT , practice. This term in chancery jurisprudence, signifies such unforeseen events, misfortunes, losses, acts o
ACCOMENDA , mar. law. In Italy, is a contract which takes place when an individual entrusts personal property with the m
ACCOMMODATION , contracts. An amicable agreement or composition between two contending parties. It differs from accord and s
ACCOMODATION , com. law. That which is done by one merchant or other person for the convenience of some other, by accepting
ACCOMPLICE , crim. law. This term includes in its meaning, all persons who have been concerned in the commission of a cri
ACCORD , in contracts. A satisfaction agreed upon between the party injuring and the party injured, which when perfor
ACCOUCHEMENT . The act of giving birth to a child. It is frequently important to prove the filiation of an individual; this
ACCOUNT , practice. A statement of the receipts and payments of an executor, administrator, or other trustee, of the e
ACCOUNT , remedies. This is the name of a writ or action more properly called account render. 2. It is applicable to
ACCOUNT CURRENT . A running or open account between two persons.
ACCOUNT IN BANK , com. law. 1: A fund which merchants, traders and others have deposited into the common cash of some bank, to
ACCOUNT OF SALES . comm. law. An account delivered by one merchant or tradesman to another, or by a factor to his principal, of
ACCOUNT STATED . The settlement of an account between the parties, by which a balance is struck in favor of one of them, is c
ACCOUNT-BOOK . A book kept by a merchant, trader, mechanic, or other person, in which are entered from time to time the tra
ACCOUNTANT . This word has several significations: 1. One who is versed in accounts; 2. A person or officer appointed to
ACCOUPLE . To accouple is to marry. See Ne unquas accouple.
ACCRETION . The increase of land by the washing of the seas or rivers. Hale, De Jure Maris, 14. Vide Alluvion; Avulsion.
ACCUMULATIVE JUDGMENT . A second or additional judgment given against one, who has been convicted, the execution or effect of which
ACCUSATION , crim. law. A charge made to a competent officer against one who has committed a crime or misdemeanor, so tha
ACCUSED . One who is charged with a crime or misdemeanor.
ACCUSER . One who makes an accusation.
ACHAT . This French word signifies a purchase. It is used in some of our law books, as well as achetor, a purchaser,
ACHERSET , obsolete. An ancient English measure of grain, supposed to be the same with their quarter or eight bushels.
ACKNOWLEDGMENT , conveyancing. The act of the grantor going before a competent officer, and declaring the instrument to be hi
ACQUETS , estates in the civil law. Property which has been acquired by purchase, gift or otherwise than by succession
ACQUIESCENCE , contracts. The consent which is impliedly given by one or both parties, to a proposition, a clause, a condit
ACQUIETANDIS PLEGIIS , obsolete. A writ of justices, lying, for the surety against a creditor, who refuses to acquit him after the
ACQUISITION , property, contracts, descent. The act by which the person procures the property of a thing. 2. An acquisitio
ACQUITTAL , contracts. A release or discharge from an obligation or eng agement. According to Lord Coke there are three
ACQUITTAL , crim. law practice. The absolution of a party charged with a crime or misdemeanor. 2. Technically speaking,
ACQUITTANCE , contracts. An agreement in writing to discharge a party from an engagement to pay a sum of money. it is evid
ACRE , measures. A quantity of land containing in length forty perches, and four in breadth, or one hundred and six
ACREDULITARE , obsolete. To purge one's self of an offence by oath. It frequently happens that when a person has been arres
ACT , civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. In
ACT , evidence. The act of one of several conspirators, performed in pursuance of the common design, is evidence a
ACT . In the legal sense, this word may be used to signify the result of a public deliberation, the decision of a
ACT 0F LAW . An event which occurs in consequence of some principle of law. If, for example, land out of which a rent cha
ACT IN PAIS . An act performed out of court, and not a matter of record. Pais, in law French, signifies country. A deed or
ACT OF BANKRUPTCY . An act which subjects a person to be proceeded against as a bankrupt. The acts of bankruptcy enumerated in t
ACT OF GOD , in contracts. This phrase denotes those accidents which arise from physical causes, and which cannot be prev
ACT OF GRACE , Scotch law. The name by which the statute which provides for the aliment of prisoners confined for civil deb
ACT OF MAN . Every man of sound mind and discretion is bound by his own acts, and the law does not permit him to do any t
ACTIO BONAE FIDEI , civil law. An action of good faith.
ACTIO COMMODATI CONTRARIA . The name of an action in the civil law, by the borrower against the lender, to compel the execution of the c
ACTIO COMMODATI DIRECTA . In the civil law, is the name of an action, by a lender against a borrower, the principal object of which is
ACTIO CONDICTIO INDEBITI . The name of an action in the civil law, by which the plaintiff recovers the amount of a sum of money or othe
ACTIO DEPOSITI CONTRARIA . The name, of an action in the civil law which the depositary has against the depositor to compel him to fulf
ACTIO DEPOSITI DIRECTA . the civil law, this is the name of an action which is brought by the depositor against the depositary, in or
ACTIO EXCONDUCTIO , civil law. The name of an action which the bailor of a thing for hiremay bring against the bailee, in order
ACTIO JUDICATI , civil law. Was an action instituted, after four months had elapsed after the rendition of judgment, in which
ACTIO NON , pleading. After stating the appearance and defence, special pleas begin with this allegation, "that the said
ACTIO NON ACCREVIT INFRA SEX ANNOS . The name of a plea to the statute of limitations when the defendant insists that the plaintiff's action has
ACTIO PERSONALIS MIORITUR CUM PERSONA . That a personal action dies with the person, is an ancient and uncontested maxim. But the term personal acti
ACTIO PRO SOCIO . In the civil law, is the name of an action by which either partner could compel his co-partners to perform t
ACTION , French com. law. Stock in a coompany, shares in a corporation.
ACTION , in practice. Actio nihil aliud est, quam jus persequendi in judicio quod sibi debetur. Just. Inst. Lib. 4, t
ACTION . Conduct, behaviour, something done. Nomen actionis latissime patere vulgo notum est ac comprehenders omnem o
ACTION AD EXHIBENDUM , civil law. This was an action instituted for the purpose of compelling the defendant to exhibit a thing or t
ACTION OF A WRIT . This phrase is used when one pleads some matter by which he shows that the plaintiff had no cause to have th
ACTION OF ADHERENCE , Scotch law. An action competent to a hushand or Wife to compel either party to adhere in case of desertion.
ACTION OF BOOK DEBT . The name of an action in Connecticutand Vermont, resorted to for the purpose of recovering payment for artic
ACTION. REDHIBITORY , civil law. An action instituted to avoid a sale on account of some Vice or defect in the thing sold which re
ACTIONARY . A commercial term used among foreigners, to signify stockholders.
ACTIONES NOMINATAE . Formerly the English courts of chancery would make no writs when there was no precedent, and the cases for w
ACTIONS ORDINARY . Scotch law. By this term is understood all actions not recissory. Ersk. Pr. L. Scot. 4, 1, 5.
ACTIONS RESCISSORY , Scotch law. Are divided into, 1, Actions of proper improbation; 2, Actions of reduction-improbation; 3, Acti
ACTIVE . The opposite, of passive. We say active debts, or debts due to us; passive debts are those we owe.
ACTON BURNELL . Statute of Vide de Mercatoribus. Cruise, Dig. tit. 14, s. 6.
ACTOR , practice. 1. A plaintiff or complainant. 2. He on whom the burden of proof lies. In actions of replevin both
ACTS OF COURT . In courts of admiralty, by this phrase is understood legal memoranda of the nature of pleas. For example, th
ACTS OF SEDERUNT . In the laws of Scotland, are ordinances for regulating the forms of proceeding, before the court of session,
ACTUAL . Real; actual. 2. Actual notice. One which has been expressly given by which knowledge of a fact hos been bro
ACTUARIUS . An ancient name or appellation of a notary.
ACTUARY . A clerk in some corporations vested with various powers. In the ecclesiastical law he is a clerk who registe
ACTUS . A foot way and horse way. Vide Way.
AD DAMNUM , pleading. To the damage. In all personal and mixed actions, with the exception of actions of debt qui tam, w
AD DIEM . At the day, as a plea of payment ad diem, on the day when the money became due. See Solvit ad diem, and Com.
AD INQUIRENDUM , practice. A judicial writ, commanding inquiry to be made of any thing relating to a cause depending in court
AD INTERIM . In the mean time. An officer is sometimes appointed ad interim, when the principal officer is absent, or for
AD QUEM . A Latin expression which signifies to which, in the computation of time or distance, as the day ad quem. The
AD SECTAM . At the suit of, commonly abbreviated ads. It isusual in filing pleas, and other papers, for a defendant, ins
AD TERMINUM QUI PRETERIIT . The name of a writof entry which lay for the lessor or his heirs, when a lease had been made of lands or ten
AD TUNC ET IBIDEM . That part of an indictment, where it is stated that the object-matter of the crime or offence " then and the
AD VALOREM . According to the value. This Latin term is used in commerce in reference to certain duties, called ad valore
AD VITAM AUT CULPAM . An office to be so held as to determine only by the death or delinquency of the possessor; in other words it
ADDITION . Whatever is added to a man's name by way of title, as additions of estate, mystery, or place. 10 Went. Plead
ADDITIONALES , in contracts. Additional terms or propositions to be added to a former agreement.
ADDRESS , chan. plead. That part of a bill which contains the appropriate and technical description of the court where
ADDRESS , legislation. In Pennsylvania it is a resolution of both, branches of the legislature, two-thirds of each hou
ADEMPTION , wills. A taking away or revocation of a legacy, by the testator. 2. It is either express or implied. It is t
ADHERING . Cleaving to, or joining; as, adhering to the enemies of the United States. 2. The constitution of the United
ADJOURNMENT . The dismissal by some court, legislative assembly, or properly authorized officer, of the business before th
ADJOURNMENT-DAY . In English practice, is a day so called from its being a further day appointed by the judges at the regular
ADJOURNMENT-DAY IN ERROR . In the English courts, is a day appointed some days before the end of the term, at which matters left undone
ADJUDICATION , in practice. The giving or pronouncing a judgment in a cause; a judgment.
ADJUDICATIONS , Scotch law. Certain proceedings against debtors, by way of actions, before the court of sessions and are of
ADJUNCTION . in civil law. Takes place when the thing belonging to one person is attached or united to that which belongs
ADJUNCTS , English law. Additional judges appointed to determine causes in the High Court of Delegates, when the former
ADJUNCTUM ACCESSORIUM , civil law. Something which is an accessory and appurtenant to another thing. 1 Chit. Pr. 154.
ADJURATION . The act by which one person solemnly charges another to tell or swear to the truth. Wolff. Inst. 374.
ADJUSTMENT , maritime law. The adjustment of a loss is the settlling and ascertaining the amount of the indemnity which t
ADJUTANT . A military officer, attached to every battalion of a regiment. It is his duty to superintend, under his supe
ADJUTANT-GENERAL . A staff officer; one of those next in rank to the Commander-in-chief.
ADMEASUREMENT OF DOWER , remedies. This remedy is now nearly obsolete, even in England; the following account of it is given by Chief
ADMEASUREMENT OF PASTURE , Eng. law. The name of a writ which lies where any tenants have common appendant in another ground and one ov
ADMIINISTRATOR , trusts. An administrator is a person lawfully appointed, with his assent, by an officer having jurisdiction,
ADMIITENDO IN SOCIUM . Eng. law. A writ associating certain persons to justices of assize.
ADMINICLE 1. A term, in the Scotch and French law, for any writing or deed referred to by a party, in an action at law,
ADMINICULAR EVIDENCE , eccl. law. This term is used in the eclesiastical law to signify evidence, which is brought to explain or co
ADMINISTRATION , government. The management of the affairs of the government; this word is also applied to the persons entrus
ADMINISTRATION , trusts. The management of the estate of an intestate, a minor, a lunatic, an habitual drunkard, or other per
ADMINISTRATRIX . This term is applied to a woman to whom letters of administration have been granted. See Administrator.
ADMIRAL , officer. In some countries is the commander in chief of the naval forces. This office does not exist in the
ADMIRALTY . The name of a jurisdiction which takes cognizance of suits or actions which arise in consequence of acts don
ADMISSION , in corporations or companies. The act of the corporation or company by which an individual acquires the righ
ADMISSIONS , in evidence. Concessions by a party of the existence of certain facts. The term admission is usually applied
ADMISSIONS , in practice, It, frequently occurs in practice, that in order to save expenses as to mere formal proofs, the
ADMISSIONS , of attorneys and counsellors. To entitle counsellors and attorneys to practice in court, they must be admitt
ADMISSIONS . in pleading. Where one party means to take advantage of, or rely upon some matter alleged by his adversary,
ADMITTANCE , Eng. law. The act of giving possession of a copyhold estate, as livery of seisin is of a freehold; it is of
ADMONITION . A reprimamd from a judge to a person accused, on being discharged, warning him of the consequences of his co
ADNEPOS . A term employed by the Romans to designate male descendants in the fifth degree, in a direct line. This term
ADOLESCENCE , persons. That age which follows puberty and precedes the age of majority; it commences for males at fourteen
ADOPTION , civil law. The act by which a person chooses another from a strange family, to have all the rights of his ow
ADROGATION , civil law. The adoption of one who was impubes, that is, if a male, under fourteen years of age; if a female
ADULT , in the civil law. An infant who, if a boy, has attained his full age of fourteen years, and if a girl, her f
ADULTERATION . This term denotes the act of mixing something impure with something pure, as, to mix an inferior liquor with
ADULTERINE . A term used in the civil law to denote the issue of an adulterous intercourse. See Nicholas on Adulterine Ba
ADULTERIUM . In the old records this word does not signify the offence of adultery, but the fine imposed for its commissi
ADULTERY , criminal law. From ad and alter, another person; a criminal conversation, between a man married to another w
ADVANCEMENT . That which is given by a father to his child or presumptive heir, by anticipation of whathe might inherit. 6
ADVANCES , contracts. Said to take place when, a factor or agent pays to his principal , a sum of, money on the credit
ADVENTITIOUS , adventitius. From advenio; what comes incidentally; us adventitia bona, goods that, fall to a man otherwise
ADVENTURE , bill of. A writing signed by a merchant, to testify that the goods shipped on board a certain vessel are at
ADVENTURE , crim. law. See Misadventure.
ADVENTURE , mer. law. Goods sent abroad under the care of a supercargo, to be disposed of to the best advantage for the
ADVERSARY . One who is a party in a writ or action opposed to the other party.
ADVERSE POSSESSION , title to lands. The enjoyment of land, or such estate as lies in grant, under such circumstances as indicate
ADVERTISEMENT . A 'notice' published either in handbills or in a newspaper. 2. The law in many instances requires parties to
ADVICE , com. law. A letter containing information of any circumstances unknown to the person to whom it is written;
ADVICE , practice. The opinion given by counsel to their clients; this should never be done but upon mature deliberat
ADVISEMENT . Consideration, deliberation, consultation; as the court holds the case under advisement.
ADVOCATE , civil and ecclesiastical law. 1. An officer who maintains or de fends the rights of his client in the same m
ADVOCATIA , civil law. This sometimes signifies the quality, or functions, and at other times the privilege, or the terr
ADVOCATION , Scotch law. A writing drawn up in the form of a petition, called a bill of advocation, by which a party in a
ADVOCATUS . A pleader, a narrator. Bract. 412 a, 372 b.
ADVOWSON , ecclesiastical law. From advow or advocare, a right of presentation to a church or benefice. He who possesse
AFFECTION , contracts. The making over, pawning, or mortgaging a thing to assurp the payment of a sum of money, or the d
AFFEERERS , English law. Those who upon oath settle and moderate fines in courts leet. Hawk. 1. 2, c. 112.
AFFIANCE , contracts. From affidare or dare fidem, to give a pledge. A plighting of troth between a man and woman. Litt
AFFIDARE . To plight one's faith, or give fealty, i. e. fidelity by making oath, &c. Cunn. Dict. h. t.
AFFIDATIO DOMINORUM , Eng. law. An oath taken by a lord in parliament.
AFFIDAVIT , practice. An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has author
AFFINITAS AFFINITATIS . That connexion between two persons which has neither consanguinity nor affinity; as, the connexion between t
AFFINITY . A connexion formed by marriage, which places the hushand in the same degree of nominal propinquity to the re
AFFIRMANCE . The confirmation of a voidable act; as, for example, when an infant enters into a contract, which is not bin
AFFIRMANCE-DAY, GENERAL . In the English Court of Exchequer, is a day appointed by the judges of the common pleas, and barons of the e
AFFIRMANT , practice. One who makes affirmation instead of making oath that the evidence which he is about to give shall
AFFIRMATION , practice. A solemn declaration and asseveration, which a witness makes before an officer, competent to admin
AFFIRMATiVE . Averring a fact to be true; that which is opposed to negative. (q. v.) 2. It is a general rule of evidence t
AFFIRMATIVE PREGNANT , Pleading. An affirmative allegation, implying some negative, in favor of the adverse party, for example, if
AFFORCE, AFFORCEMENT OF THE ASSIZE , Old English law, practice. An ancient practice in trials by jury, which is explained by Bracton, (fo. 185, b
AFFRAY , criminal law. The fighting of two or more persons, in some public place, to the terror of the people. 2. To
AFFREIGHTMEET , Com. law. The contract by which a vessel or the use of it, is let out to hire. See Freight; General ship.
AFORESAID . Before mentioned; already spoken of. This is used for the purpose of identifying a person or thing; as where
AFORETHOUGHT , crim. law. Premeditated, prepense; the length of time during which the accused has entertained the thought o
AFTERMATH . A right to have the last crop of grass or pasturage. 1 Chit. Pr. 181.
AGAINST THE FORM OF THE STATUTE . When a statute prohibits a thing to be done, and an action is brought for the breach of the statute, the dec
AGAINST THE WILL , pleadings. In indictments for robbery from the person, the words "feloniously and against the will," must be
AGARD . An old word which signifies award. It is used in pleading, as nul agard, no award;
AGE . The time when the law allows persons to do acts which, for want of years, they were prohibited from doing be
AGE-PRAYER, AGE-PRIER , oetatis precatio. English law, practise. Wnen an action is brought against an infant for lands which he hath
AGED WITNESS . When a deposition is wanted to be taken on account of the age of a witness, he must be at least seventy year
AGENCY , contracts. An agreement, express , or implied, by which one of the parties, called the principal, confides t
AGENT , contracts. One who undertakes to manage some affair to be transacted for another, by his authority on accoun
AGENT , international law. One who is employed by a prince to manage his private affairs, or, those of his subjects
AGENT , practice. An agent is an attorney who transacts the business of another attorney. 2. The agent owes to his
AGENT AND PATIENT . This phrase is used to indicate the state of a person who is required to do a thing, and is at the same time
AGGRAVATION , crimes, torts. That which increases the enormity of a crime or the injury of a wrong. The opposite of extenu
AGGRAVATION , in pleading. The introduction of matter into the declaration which tends to increase the amount of damages,
AGGREGATE . A collection of particular persons or items, formed into one body; as a corporation aggregate, which is one
AGGRESSOR , crim. law. He who begins, a quarrel or dispute, either by threatening or striking another. No man may strike
AGIO , aggio. This term is used to denote the difference of price beteen the value of bank notes and nominal money,
AGIST , in contrads. The taking of other men's cattle on one's own ground at a certain rate. 2 Inst. 643; 4 Inst. 29
AGISTER . One who takes horses or other animals to agist. 2. The agister is not, like an innkeeper, bound to take all
AGISTMENT , contracts. The taking of another person's cattle into one's own ground to be fed, for a consideration to be
AGNATES . In the sense of the Roman law were those whose propinquity was connected by males only; in the relation of c
AGNATI , in descents. Relations on the father's side: they are different from the cognati, they being relations on th
AGNATION , in descents. The relation by blood which exists between such males as are descended from the same father; in
AGRARIAN LAW . Among the Romans, this name was given to a law, which had for its object, the division among the people of a
AGREEMENT , contract. The consent of two or more persons concurring, respecting the transmissiou of some property, right
AGRI . Arable land in the common fields. Cunn. Dict. h. t.
AGRICULTURE . The art of cultivating the earth in order to obtain from it the divers things it can produce; and particular
AID AND COMFORT . The constitution of the United States, art. 8, s. 3, declares, that adhering to the enemies of the United St
AID PRAYER , English law. A petition to the court calling in help from another person who has an interest in the matter i
AIDERS , crim. law. Those who assist, aid, or abet the principal, and who are principals in the second degree. 1. Rus
AIDS , Engl. law. Formerly they were certain sums of money granted by the tenant to his lord in times of difficulty
AILE or AYLE , domestic relations. This is a corruption of the French word aieul, grandfather, avus. 3.Bl. Com. 186.
AIR . That fluid transparent substance which surrounds our globe. 2. No property can be had in the air it belongs
AJUTAGE . A conical tube, used in drawing water through an aperture, by the use of which the quantity of water drawn i
ALABAMA . The name of one of the new states of the United States of America. This state was admitted into the Union by
ALBA FIRMA . Eng. law. When quit rents were reserved payable in silver or white money, they wero called white rents, or b
ALCADE , Span. law. The name of a judicial officer in Spain, and in those countries which have received the body of t
ALDERMAN . An officer, generally appointed or elected in towns corporate, or cities, possessing various powers in diffe
ALEA ; civil law. The chance of gain or loss in a contract. This chance results either from the uncertainty of the
ALEATORY CONTRACTS , civil law. A mutual agreement, of which the effects, with respect both to the advantages and losses, whether
ALER SANS JOUR , or aller sans jour, in practice. A French phrase which means go without day; and is used to signify that the
ALFET , obsolete. A vessel in which hot water was put, for the purpose of dipping a criminal's arm in it up to the e
ALIA ENORMIA , pleading. And other wrongs. In trespass, the declaration ought to conclude "and other wrongs to the said pla
ALIAS , practice. This word is prefixed to the name of a second writ of the same kind issued in the same cause; as,
ALIBI , in evidence. This is a Latin word which signifies, elsewhere. 2. When a person, charged with a crime, proves
ALIEN , persons. One born out of the jurisdiction of the United States, who has not since been naturalized under the
ALIENAGE . The condition or state of alien.
ALIENATE , aliene, alien. This is a generic term applicable to the various methods of transfering property from one per
ALIENATION , estates. Alienation is an act whereby one man transfers the property and possession of lands, tenements, or
ALIENATION , med. jur. The term alienation or mental alienation is a generic expression to express the different kinds of
ALIENATION OFFICE , Engligh law. An office to which all writs of covenants and entries are carried for the recovery of fines lev
ALIENEE . One to whom an alienation is made.
ALIENOR . He who makes a grant or alienation.
ALIEXI JURIS . Words applied to persons who are subject to the authority of another. An infant who is under the authority o
ALIMENTS . In the Roman and French law this word signifies the food and other things necessary to the support of life,
ALIMONY . The maintenance or support which a husband is bound to give to his wife upon separation from her; or the sup
ALITER , otherwise. This term is frequently used to point out a difference between two decisions; as, a point of law
ALIUNDE . From another place; evidence given aliunde, as, when a will contains an ambiguity, in some cases, in order t
ALL FOURS . This is a metaphorical expression, to signify that a case agrees in all its circumstances with another case;
ALLEGATA . A word which the emperors formerly signed at the bottom of their rescripts and constitutions; under other in
ALLEGATA AND PROBATA . The allegations made by a party to a suit, and the proof adduced in their support. It is a general rule of e
ALLEGATI6N , civil law. The citation or reference to a voucher to support a proposition. Dict. de jurisp.; Encyclopedie,
ALLEGATION , common law. The assertion, declaration or statement of a party of what he can prove.
ALLEGATION , English ecclesiastical law. According to the practice of the prerogative court, the facts intended to be rel
ALLEGATION OF FACULTIES When a suit is instituted in the English ecclesiastical courts, in order to obtain alimony, before it is allow
ALLEGIANCE . The tie which binds the citizen to the government, in return for the protection which the government affords
ALLIANCE , international law. A contract, treaty, or league between two sovereigns or states, made to insure their safe
ALLIANCE , relationship. The union or connexion of two persons or families by marraiage, which is also called affinity.
ALLISION , maritime law. The running of one vessel against another. It is distiguished from collision in this, that the
ALLOCATION , Eng. law. An allowance upon account in the Exchequer; or rather, placing or adding to a thing. Eucy. Lond.
ALLOCATIONE FACIENDA . Eng. law. A writ commanding that an allowance be made to an accountant, for such moneys as he has lawfully e
ALLOCATUR , practice. The allowance of a writ; e. g. when a writ of habeas corpus is prayed for, the judge directs it to
ALLODARII , Eng. law, Book of Domesday. Such tenants, who have as large an estate as a subject can have. 1 Inst. 1; Bac.
ALLODIUM estates. Signifies an absolute estate of inheritance, in coutradistinction to a feud. 2. In this country the t
ALLONGE , French law. When a bill of exchange, or other paper, is too small to receive the endorsements which are to b
ALLOTMENT . Distribution by lot; partition. Merl. Rep. h. t.
ALLOWANCE TO A PRISONER . By the laws of, it is believed, all the states, when a poor debtor is in arrest in a civil suit, the plainti
ALLOY, or ALLAY . An inferior metal, used with gold. and silver in making coin or public money. Originally, it was one of the
ALLUVION . The insensible increase of the earth on a shore or bank of a river by the force of the water, as by a curren
ALLY , international law. A power which has entered into an alliance with another power. A citizen or subject of on
ALMANAC . A table or calendar, in which are set down the revolutions of the seasons, the rising and setting of the sun
ALMS . In its most extensive sense, this comprehends every species of relief bestowed upon the poor, and, therefore
ALTA PRODITIO , Eng. law. High treason.
ALTARAGE , eccl. law. Offerings made on the altar; all profits which accrue to the priest by means of the altar. Ayl. P
ALTERATION . An act done upon an instrument in writing by a party entitled under it, without the consent of the other par
ALTERNAT . The name of a usage among diplomatists by which the rank and places of different powers, who have the same r
ALTERNATIVE . The one or the other of two things. In contracts a party has frequently the choice to perform one of several
ALTIUS NON TOLLENDI , civil law. The name of a servitude due by the owner of a house, by which he is restrained from building beyo
ALTIUS TOLLENDI , civil law. The name of a servitude which consists in the right, to him who is entitled to it, to build his h
ALTO ET BASSO . High and low. This phrase is applied to an agreement made between two contending parties to submit all matte
ALTUM MARE . The high sea. (q. v.)
ALUMNUS , civil law. A child which one has nursed; a foster child. Dig. 40, 2, 14.
AMALPHITAN CODE . The name given to a collection of sea-laws, complied about the end of the eleventh century, by the people of
AMANUENSIS . Oe who write another dictates. About the beginning of the sixth century,, the tabellions (q.v.) were known b
AMBASSADOR , interaational law. A public minister sent abroad by some sovereign state or prince, with a legal commission
AMBIDEXTER . It is intended by this Latin word, to designate one who plays on both sides; in a legal sense it is taken fo
AMBIGUITY , contracts, construction. When au expression has been used in an instrument of writing which may be understoo
AMBULATORIA VOLUNTAS . A phrase used to designate that a man has the power to alter his will or testament as long as he lives. This
AMENABLE . Responsible; subject to answer in a court of justice liable to punishment.
AMENDE HONORABLE , EngIish law. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offence,
AMENDMENT , legislation. An alteration or change of something proposed in a bill. 2. Either house of the legislature has
AMENDS . A satisfaction, given by a wrong doer to the party injured for a wrong committed. 1 Lilly's Reg. 81. 2. By s
AMERCEMENT , practice. A pecuniary penalty imposed upon a person who is in misericordia; as, for example, when the defend
AMERCIAMENT, AMERCEMENT , English law. A pecuniary punishment arbitrarily imposed by some lord or count, in distinction from a fine wh
AMI . A friend; or, as it is written in old works, amy. Vide Prochein amy.
AMICABLE ACTION , Pennsylvania practice. An action entered by agreement of parties on the dockets of the courts; when entered,
AMICUS CURIAE , practice. A friend of the court. One, who as a stander by, when a judge is doubtful or mistaken in a matter
AMMENDMENT , practice. The correction, by allowance of the court, of an error committed in the progress of a cause. 2. Am
AMNESTY , government. An act of oblivion of past offences, granted by the government to those who have been guilty of
AMORTISE , contracts. To alien lands in mortmain. AMOTION. In corporations and companies, is the act of removing
AMORTIZATION , contracts, English law. An alienation of lands or tenements in mortraain. 2 Stat. Ed. I. 2. The reduction of
AMOTION , tort. An amotion of possession from an estate, is an ouster which happens by a species of disseisin or turni
AMPLIATION , civil law. A deferring of judgment until the cause is further examined. In this case, the judges pronounced
AMPLIATION , French law. Signifies the giving a duplicate of an acquittance or other instrument, in order that it may be
AMY or ami, a French word, signifying, friend. Prochein amy, (q. v.) the next friend. Alien amy, a foreigner, the
AN ABRIDGMENT . An epitome or compendium of another and larger work, wherein the principal ideas of the larger work are summ
AN, JOUR, ET WASTE . See Year, day, and waste.
ANALOGY , comtruction. The similitude of relations which exist between things compared. 2. To reason analogically, is
ANARCHY . The absence of all political government; by extension, it signifies confusion in government.
ANATHEMA , eccl. law. A punishment by which a person is separate from, the body of the church, and forbidden all interc
ANATOCISM , civil law. Usury, which consists in taking interest on interest, or receiving compound interest. This is for
ANCESTOR , descents. One who has preceded another in a direct line of descent; an ascendant. In the common law, the wor
ANCESTRAL . What relates to or has, been done by one's ancestors; as homage ancestral, and the like.
ANCHOR . A measure containing ten gallons. Lex, Mereatoria.
ANCHORAGE , merc. law. A toll paid for every anchor cast from a ship into a river, and sometimes a toll bearing this nam
ANCIENT . Something old, which by age alone has acquired some force; as ancient lights, ancient writings.
ANCIENT DEMESNE , Eng. law. Those lands which either were reserved to the crown at the original distribution of landed propert
ANCIENT LIGHTS , estates. Windows which have been opened for twenty years or more, and enjoyed without molestation by the own
ANCIENT WRITINGS , evidence. Deeds, wills, and other writings more than thirty years old, are considered ancient writings. They
ANCIENTLY , English law. A term for eldership or seniority used in the statute of Ireland, 14 Hen. Vni.
ANCIENTS , English law. A term for gentlemen in the Inns of Courts who are of a certain standing. In the Middle Temple,
ANCILLARY . That which is subordinate on, or is. subordinate to, some other decision. Encyc. Lond. 1
ANDROLEPSY . The taking by one nation of the citizens or subjects of another, in order to compel the latter to do justice
ANGEL . An ancient English coin of the value of ten shillings sterling. Jac. L. D. h. t.
ANIENS . In some of our law books signifies void, of no force. F. N. B. 214.
ANIMAL , property. A name given to every animated being endowed with the power of voluntary motion. In law, it signif
ANIMANLS OF A BASE NATURE . Those which, though they may be reclaimed, are not Such that at common law a larceny may be committed of the
ANIMUS . The intent; the mind with which a thing is done, as animus. cancellandi, the intention of cancelling; animus
ANIMUS CANCELLANDI . An intention to destroy or cancel. The least tearing of a will by a testator, animus cancellandi, renders it
ANIMUS FURANDI , crim. law. The intention to steal. In order to comstitute larceny, (q. v.) the thief must take the property
ANIMUS MANENDI . The intention of remaining. To acquire a domicil, the party must have his abode in one place, with the inten
ANIMUS RECIPIENDI . The intention of receiving. A man will acquire no title to a thing unless he possesses it with an intention
ANIMUS REVERTENDI . The intention of returning. A man retains his domicil, if he leaves it animo revertendi. 3 Rawle, R. 312; 1
ANIMUS TESTANDI . An intention to make a testament or will. This is required to make a valid will; for whatever form may have
ANN , Scotch law. Half a year's stipend over and above what is owing for the incumbency due to a minister's relict
ANNATES , ecc. law. First fruits paid out of spiritual benefices to the pope, being, the value of one year's profit.
ANNEXATION , property. The union of one thing to another. 2. In the law relating to fixtures, (q. v.) annexation is actua
ANNI NUBILES . The age at which a girl becomes by law fit for marriage, which is twelve years.
ANNIENTED . From the French aneantir; abrogated or made null. Litt. sect. 741.
ANNO DOMINI , in the year of our Lord, abbreviated, A. D. The computation of time from the incarnation of our Saviour whic
ANNONAE CIVILES , civil law. A species of rent issuing out of certain lands, which were paid to Rome monasteries.
ANNOTATION , civil law. The designation of a place of deportation. Dig. 32, 1, 3 or the summoning of an, absentee. Dig. l
ANNUAL PENSION , Scotch law. Annual rent. A yearly profit due to a creditor by way of interest for a given sum of money. Righ
ANNUITY , contracts. An anuity is a, yearly sum of money granted by one party to another in fee for life or years, cha
ANNUM DIEM ET VASTUM , English law. The title which the king acquires in land, when a party, who held not of the king, is attainted
ANONYMOUS . Without name. This word is applied to such.books, letters or papers, which are published without the author'
ANSWER , pleading in equity. A defence in writing made by a defendant, to the charges contained in a bill or informat
ANSWER , practice. The declaration of a fact by a witness after a question has been put asking for it. 2. If a witnes
ANTE-NUPTIAL . What takes place before marriage; as, an ante-nuptial agreement, which is an agreement made between a man an
ANTECEDENT . Something that goes before. In the construction of laws, agreements, and the like, reference is always to be
ANTEDATE . To, put a date to an instrument of a time before the time it was written. Vide Date.
ANTENATI . Born before. This term is applied to those who were born or resided within the United States before or at th
ANTHETARIUS , obsolete See Anti-thetarius.
ANTI-MANlFESTO . The declaration of the reasons which one of the belligerents publishes, to show that the war as to him is de
ANTICHRESIS , contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of rea
ANTINOMY . A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions
ANTIQUA CUSTOMA , Eng. law. A duty or imposition which was collected on wool, wool-felts, and leather, was so called. This cus
ANTIQUA STATUTA . In England the statutes are divided into new and ancient statutes; since the time of memory; those from the
ANTITHETARIUS , old English law. The name given to a man who endeavors to discharge himself of the crime of which he is accu
ANTlCIPATION . The act of doing or taking a thing before its proper time. 2. In deeds of trust there is frequently a provis
APARTMENTS . A part of a house occupied by a person, while the rest is occupied by another, or others. 7 Mann. & Gr. 95 ;
APOSTACY , Eng. law. A total renunciation of the Christian religion, and differs from heresy. (q. v.) This offence is p
APOSTLES . In the British courts of admiralty, when a party appeals from a decision made against him, he prays apostles
APPARATOR or APPARITOR , eccles. law. An officer or messenger employed to serve the process of the spiritual courts in England.
APPARENT . That which is manifest what is proved. It is required that all things upon which a court must pass, should b
APPARLEMENT . Resemblance. It is said to be derived from pareillement, French, in like manner. Cunn. Dict. h. t.
APPEAL , English crim. law. The accusation of a person, in a legal form, for a crime committed by him; or, it is the
APPEAL , practice. The act by which a party submits to the decision of a superior court, a cause which has been tried
APPEARANCE , practice. Signifies the filing common or special bail to the action. 2. The appearance, with all other subse
APPEARANCE DAY . The day on which the parties are bound to appear in court. This is regulated in the different states by part
APPELLANT , practice. He who makes an appeal from one jurisdiction to another.
APPELLATE JURISDICTION . The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior cour
APPELLEE , practice. The party in a cause against whom an appeal has been taken.
APPELLOR . A criminal who accuses his accomplices; one who challenges a jury.
APPENDANT . An incorporeal inheritance belonging to another inheritance. 2. By the word appendant in a deed, nothing can
APPENDITIA . From appendo, to hang at or on; the appendages or pertinances of an estate the appurtenauces to a dwelling,
APPLICATION . The act of making a request for something; the paper on which the request is written is also called an appli
APPOINTEE . A person who is appointed or selected for a particular purpose; as the appointee under a power, is the perso
APPOINTMENT , chancery practice. The act of a person authorized by a will or other instrument to direct how trust property
APPOINTMENT , government, wills. The act by which a person is selected and invested with an office; as the appointment of
APPORTIONMENT , contracts. Lord Coke defines it to be a division or partition of a rent, common, or the like, or the making
APPOSAL OF SHERIFFS , English law. The charging them with money received upon account of the Exchequer. 22 Car. II.
APPOSER , Eng. law. An officer of the Court of Exchequer, called the foreign apposer.
APPOSTILLE , French law. Postil. In general this means an addition or annotation made in the margin of an act, [contract
APPRAISEMENT . A just valuation of property. 2. Appraisements are required to be made of the property of persons dying inte
APPRAISER , practice. A person appointed by competent authority to appraise or value goods; as in case of the death of a
APPREHENSION , practice. The capture or arrest of a person. The term apprehension is applied to criminal cases, and arrest
APPRENTICE , person, contracts. A person bound in due form of law to a master, to learn from him his art, trade or busine
APPRENTICESHIP , contracts. A contract entered into between a person who understands some art, trade or business, and called
APPRIZING . A name for an action in the Scotch law, by which a creditor formerly carried off the estates of his debtor i
APPROBATE AND REPROBATE . In Scotland this term is used to signify to approve and reject. It