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OF THE AMERICAN UNION With References to the Civil and Other Systems of Foreign Law by John Bouvier Ignoratis terminis ignoratur et ars. − Co. Litt. 2 a. Je sais que chaque science et chaque art a ses termes propres, inconnu au commun des hommes. − Fleury SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED. VOL. I. ___________________________ PHILADELPHIA CHILDS & PETERSON, 124 ARCH STREET 1856 Entered according to Act of Congress, in the year one thousand eight hundred and thirty−nine, BY JOHN BOUVIER, In the Clerk’s Office of the District Court for the Eastern District of Pennsylvania. ____________________________ Entered according to Act of Congress, in the year one thousand eight hundred and forty−three, BY JOHN BOUVIER, In the Clerk’s Office of the District Court for the Eastern District of Pennsylvania. _____________________________ Entered according to Act of Congress, in the year one thousand eight hundred and forty−eight, BY JOHN BOUVIER, In the Clerk’s Office of the District Court for the Eastern District of Pennsylvania. _____________________________ Entered according to Act of Congress, in the year one thousand eight hundred and fifty−two, BY ELIZA BOUVIER and ROBERT E. PETERSON, Trustees, In the Clerk’s Office of the District Court for the Eastern District of Pennsylvania. Deacon & Peterson, Printers 66 South Third Street. TO THE HONORABLE JOSEPH STORY, L L.D., One of the Judges of the Supreme Court of the United States THIS WORK is WITH HIS PERMISSION MOST RESPECTFULLY DEDICATED AS A TOKEN OF GREAT REGARD ENTERTAINED FOR HIS TALENTS, LEARNING, AND CHARACTER, BY THE AUTHOR. ADVERTISEMENT TO THE THIRD EDITION Encouraged by the success of this work, the author has endeavored to render this edition as perfect as it was possible for him to make it. He has remoulded very many of the articles contained in the former editions, and added upwards of twelve hundred new ones. To render the work as useful as possible, he has added a very copius index to the whole, which, at the same time that it will assist the inquirer, will exhibit the great number of subjects treated in these volumes. As Kelham’s Law Dictionary has been published in this city, and can be had by those who desire to

possess it, that work has not been added as an appendix to this edition. Philadelphia, November, 1848. ADVERTISEMENT TO THE FOUTH EDITION Since the publication of the last edition of this work, its author, sincerely devvoted to the advancement of his profession, has given to the world his Institutes of American Law, in 4 vols. Svo. Always endeavoring to render his Dictionary as perfect as possible, he was constantly revising it; and whenever he met with an article which he had omitted, he immediately prepared it for a new edition. After the completion of his Institutes, in September last, laboring to severely, he fell a victim to his zeal, and died on the 18th of November, 1851, at the age of sixty−four. In preparing this edition, not only has the matter left by its author been made use of, but additional matter has been added, so that the present will contain nearly one−third more than the last edition. Under one head, that of Maxims, nearly thriteen hundred new articles have been added. The book has been carefully examined, a great portion of it by two members of the bar, in order that it mught be purged, as far as possible, from all errors of every description. The various changes in the constitutions of the states made since the last edition, have been noticed, so far as was compatible with this work; and every effort made to render it as perfect as a work of the kind would permit, in order that it might still sustain the reputation given to it by a Dublin barrister, "of being a work of a most elaborate character, as compared with English works of a similar nature, and one which should be in every library." That it may still continue to receive the approbation of the Bench and Bar of the United States, is the sincere desire of the widow and daughter of its author. PREFACE To the difficulties which the author experienced on his admission to the bar, the present publication is to be attributed. His endeavours to get forward in his profession were constantly obstructed, and his efforts for a long time frustrated, for want of that knowledge which his elder brethren of the bar seemed to possess. To find among the reports and the various treatises on the law the object of his inquiry, was a difficult task; he was in a labyrinth without a guide: and much of the time which was spent in finding his way out, might, with the friendly assistance of one who was acquainted with the construction of the edifice, have been saved, and more profitably employed. He applied to law dictionaries and digests within his reach, in the hope of being directed to the source whence they derived their learning, but be was too often disappointed; they seldom pointed out the authorities where the object of his inquiry might be found. It is true such works contain a great mass of information, but from the manner in which they have been compiled, they sometimes embarrassed him more than if he had not consulted them. They were written for another country, possessing laws different from our own, and it became a question how far they were or were not applicable here. Besides, most of the matter in the English law dictionaries will be found to have been written while the feudal law was in its full vigor, and not fitted to the present times, nor calculated for present use, even in England. And there is a great portion which, though useful to an [vii] English lawyer, is almost useless to the American student. What, for example, have we to do with those laws of Great Britain which relate to the person of their king, their nobility, their clergy, their navy, their army; with their game laws; their local statutes, such as regulate their banks, their canals, their exchequer, their marriages, their births, their burials, their beer and ale houses, and a variety of similar subjects ? The most modern law dictionaries are compilations from the more ancient, with some modifications and alterations and, in many instances, they are servile copies, without the slightest alteration. In the mean time the law has undergone a great change. Formerly the principal object of the law seemed to be to regulate real property, in all its various artificial modifications, while little or no attention was bestowed upon the rules which govern personal property and rights. The mercantile law has since arisen, like a bright pyramid, amid the gloom of the feudal law, and is now far more important in practice, than that which refers to real estate. The law of real property, too, has changed, particularly in this country. The English law dictionaries would be very unsatisfactory guides, even in pointing out where the laws relating to the acquisition and transfer of real estate, or the laws of descent in the United States, are to be found. And the student who seeks to find in the Dictionaries of Cowel, Manly, Jacobs, Tomlins, Cunningham, Burn, Montefiore, Pott, Whishaw, Williams, the Termes de Ley, or any similar compilation, any satisfactory account in

relation to international law, to trade and commerce, to maritime law, to medical jurisprudence, or to natural law, will probably not be fully gratified. He cannot, of course, expect to find in them anything in relation to our government, our constitutions, or our political or civil institutions.[viii] It occurred to the author that a law dictioinary, written entirely anew, and calculated to remedy those defects, would be useful to the profession. Probably overrating his strength, he resolved to undertake the task, and if he should not fully succeed, he will have the consolation to know, that his effort may induce some more gifted individual, and better qualified by his learning, to undertake such a task, and to render the American bar an important service. Upon an examination of the constitution and laws of the United States, and of the several states of the American Union, he perceived many technical expressions and much valuable information which he would be able to incorporate in his work. Many of these laws,although local in their nature, will be found useful to every lawyer, particularly those engaged in mercantile practice. As instances of such laws the reader is referred to the articles Acknowledgment, Descent, Divorce, Letters of Administration, and Limitatio. It is within the plan of this work to explain such technical expressions as relate to the legislative, executive, or judicial departments of the government; the political and the civil rights and duties of the citizens; the rights and duties of persons, particularly such as are peculiar to our institutions, as, the rights of descent and administration; of the mode of acquiring and transferring property; to the criminal law, and its administration. It has also been an object with the author to embody in his work such decisions of the courts as appeared to him to be important, either because they differed from former judgments, or because they related to some point which was before either obscure or unsettled. He does not profess to have examined or even referred to all the American cases; it is a part of the plan, however, to refer to authorities, generally, which will lead the student to nearly all the cases. The author was induced to believe, that an occasional comparison of the civil, canon, and other systems of foreign law, with our own,[ix] would be useful to the profession, and illustrate many articles which, without such aid, would not appear very clear; and also to introduce many terms from foreign laws, which may supply a deficiency in ours. The articles Condonation, Extradition, and Novation, are of this sort. He was induced to adopt this course because the civil law has been considered, perhaps not without justice, the best system of written reason, and as all laws are or ought to be founded in reason, it seemed peculiarly proper to have recourse to this fountain of wisdom: but another motive influenced this decision; one of the states of the Union derives most of its civil regulations from the civil law; and there seemed a peculiar propriety, therefore, in introducing it into an American law dictionary. He also had the example of a Story, a Kent, Mr. Angell, and others, who have ornamented their works from the same source. And he here takes the opportunity to acknowledge the benefits which he has derived from the learned labors of these gentlemen, and of those of Judge Sergeant, Judge Swift, Judge Gould, Mr. Rawle, and other writers on American law and jurisprudence. In the execution of his plan, the author has, in the first place, defined and explained the various words and phrases, by giving their most enlarged meaning, and then all the shades of signification of which they are susceptible; secondly, he has divided the subject in the manner which to him appeared the most natural, and laid down such principles and rules as belong to it; in these cases he has generally been careful to give an illustration, by citing a case whenever the subject seemed to require it, and referring to others supporting the same point; thirdly, whenever the article admitted of it, he has compared it with the laws of other countries within his reach, and pointed out their concord or disagreement; and, fourthly, he has referred to the authorities, the abridgments, digests, and the [x] ancient and modem treatises, where the subject is to be found, in order to facilitate the researches of the student. He desires not to be understood as professing to cite cases always exactly in point; on the contrary, in many instances the authorities will probably be found to be but distantly connected with the subject under examination, but still connected with it, and they have been added in order to lead the student to matter of which he may possibly be in pursuit. To those who are aware of the difficulties of the task, the author deems it unnecessary to make any apology for the imperfections which may be found in the work. His object has been to be useful; if that has been accomplished in any degree, he will be amply rewarded for his labor; and he relies upon the generous liberality of the members of the profession to overlook the errors which may have been committed in his endeavors to serve them. PHILADELPHIA, September, 1839. A

R. and N L. he becomes a trespasser ab initio. Cond. In insurances the act by which the insured relinquishes to the assurer all the property to the thing insured. A Latin phrase. is one on whom the law casts the inheritance or estate of a person who dies intestate. 172 it differs from a right of way. to render. (non liquet) when the matter did not appear clearly. by reason of a peril insured against or if the cargo be so damaged as to be of little or no value. but it must be explicit and absolute. v. from the bond of marriage. 13 11 East. 4. n. Merlin. 44. subject the party to an action of trespass. 221. 5 B. 146. In New York a sentence of imprisonment for life is also a ground for a divorce a vinculo. Rep. or where the salvage is very high. V. 5 Ad. B . to enter. n. See generally 1 Chit. 192. An heir. See also as to other cases. 191. A. This kind of divorce does not affect the legitimacy of children. And the suit which the heirs institute to annul this will is called an action ab irato. AB INITIO. Merl. and the insurer will not engage to bear it or if what is saved is of less value than the freight. contracts. Lane. as in Pennsylvania. or a right to take something out of the soil. in consequence of anger or hatred against him. 2 Stra.− No particular form is required for an abandonment. C. A vinculo matrimonii. 2 Bl. 764. when he voted to absolve the party on trial. but the day ad quem is always included. contracts. 2 T. mots Ab irato. Rep. 1 N. 115 2 Johns. A divorce a mensa et thoro. 208. A QUO. Ham. 253. example. which signifies by a man in anger. And if an officer neglect to remove goods attached within a reasonable time and continue in possession. A marriage may be dissolved a vinculo. is rather a separation of the parties by act of law. 180. the day a quo is not to be counted. Repert. A VINCULO MATRIMONII. which is simply an easement or interest which confers no interest in the land. A PRENDRE. 146 2 Bl. from bed and board. the parties may marry again but when the cause is adultery. under this term are comprehended rents and services. an abuse of such authority will not. 3. from the beginning.LAW DICTIONARY A. Bac. In the following cases an abandonment may be made: when there is a total loss. impotence. in many states. as profits a prendre. (q. when he was for condemnation. the court from which an appeal has been taken. when the voyage is lost or not worth pursuing. & P. nor need it be in writing. (q. Lo. Thus a devise made under these circumstances is called a testament ab irato.. which a man makes adverse to the interest of his heir. B. It may be granted for the causes of extreme cruelty or desertion of the wife by the hushand. than a dissolution of the marriage. N. It. in general. See Ad quem. ABANDONMENT. 184. ABANDONMENT. ab intestat. C. Bae. is frequently used as an abbreviation. But in case of an authority in fact. as that one of the parties was legally married to a person who was then living. civil law. French. in contracts.−It is not in every case of loss that the insured can abandon. Profits a rendre. R. B.) and the like adultery cruelty and malicious desertion for two years or more.) and also in the marks of schedules or papers. It is applied to bequests or gifts. A RENDRE. to take. 1 Har. AB INTESTAT. to yield. & Ell. 501. 717 1 H. When the marriage is dissolved a vinculo. Trespass. 3. ibid. P. mot Abandonment. 10 Johns. the act by which a debtor surrenders his property for the benefit of his creditors. In the French law. as schedule A. to seize. French. The judges were furnished with small tables covered with wax. nor authorize a second marriage. and each one inscribed on it the initial letter of his vote. v. 520. A Latin phrases which signifies from which. the guilty party cannot marry his or her paramour. in the computation of time. 22. 6 Mart. and be desired a new argument. Among the Romans this letter was used in criminal trials. 2 Duv. Ham N. 169. 13 Toull. 395 2 Camp.−It must also be made in reasonable time after the loss. Bl. When a man enters upon lands or into the house of another by authority of law. his entry becomes a trespass ab initio. 166. P. contracts. 2. Rep. AB IRATO. 2 Eccl. 369. A court a quo. L. a judge a quo is a judge of a court below. &c. Ab. on the ground of canonical disabilities before marriage. Ab. & C. or . 52 . Cruelty Divorce. 90 . PI. and must set forth the reasons upon which it is founded. 2. 1218 Clayt.. and afterwards abuses that authority. the first letter of the English and most other alphabets. 8 Coke. Rep. and further expense be necessary. Trespass. A MENSA ET THORO. 1218.

Dr. 3 S. 2. and obliges him to pay to the insured what he promised him by the contract of insurance. art. 2 Wash. shall have been rendered. the giving up of something to which we are entitled. Poth. U. Com. for example. that in the latter the action is in general entirely dead. 429. 106. 2 Yeates. 5 S. but simply because he wishes no longer to possess the thing. It differs from an abatement at law in this. Boulay Paty. an improvement. _354. contracts. 5 Binn. 4. if any. 1799. By the Roman law. 57. Ord.−The abandonment. 836 et seq. he threw money among a crowd with intent that some one should acquire the title to it. Chartes part. 180. is sufficient cause for a divorce. a term used in the civil law. 2. art. 3 Yerg. 3 Bl. ABANDONMENT. he might abandon them to the person injured. for the prompt payment of a debt due by the payor or debtor. The act of a hushand or wife. 168 but in the former. for if it were made for a consideration. malicious. and thereby save himself from further responsibility. the right to proceed is merely suspended. & R. or had strayed more than a day. 2. 3. s. by abandoning him to the person who has sustained the injury. principals are generally held indefinitely responsible for the obligations which their agents have contracted relative to the concern of their commission but with regard to ship owners there is remarkable peculiarity. 73. Jones’ Syllabus of Land Office Titles in Pennsylvania. 378. ABATEMENT. although the price of the slave should not be sufficient to pay the whole amount of the damages and costs. except where the master has turned loose a dangerous or noxious animal. 617. 559 Pard. an application for land. and a trust fund. 81. 1. and may be revived by a bill of revivor. it would be a sale or barter. Mitf. is a reduction made by the creditor. whatever be the amount. tom. des proprietaires. R. tit. when it has continued the length of time required by the local statutes. 319. art. but if the animal had been lost. 88. 2301. chancery practice. it would be a gift: and it would still be a gift though the owner might be indifferent as to whom the right should be transferred. necessity or utility to himself. by Jeremy. p. and with an intention of causing perpetual separation. Vide 1 Hoff. 1 Yeates. or even detained by an indefinite embargo . and can be discharged from their responsibility by abandoning the ship and freight. 2. art. − The abandonment must be made by the owner without being pressed by any duty.where the damage exceeds one half of the value of the goods insured or where the property is captured. provided that the master shall make abandonment within three days after the judgment awarding such damages. ABANDONMENT for torts. 476. Eq. _ 51. Code de Com. See 1 H. 2 S. de la Mar. PI. ABATEMENT. & R. he may discharge himself from this responsibility. lights. − Such abandonment. He may. 3. . t. but equitable rights may be abandoned. must be divested according to law. without being allowed. Com. 318. and in cases of a like nature. 11. and cannot be revived. discharge himself from such responsibility by abandoning the slave to the person injured. shall be returned to the master of the slave. ABANDONMENT. when the master was sued for the tort of his slave. − Similar provisions have been adopted in Louisiana. from the want of proper parties capable of proceeding therein. once occupied. but with an intention that some other person should become the possessor. Ins. ABANDONMENT. 2 Marsh. Coin. who leaves his or her consort wilfully. 2 Yeates. Eq. 5. 297. Wesk. 2. chap. Story. for in such cases the master shall be answerable for all damages resulting therefrom. Dr. Com. S. Pl. Ib. March 2. 1 Yeates. In maritime contracts in the civil law. 258 may be abandoned. 265. 3. provided also that it shall not be proved that the crime or offence was committed by his order. and if without consideration. for then he must pay for all the harm he has done. merc. is a suspension of all proceedings in a suit. ABATEMENT. Maritime. n. law. without being admitted to the benefit of abandonment. when legally made transfers from the insured to the insurer the property in the thing insured. 215. R. 181. − The owner of an animal is answerable for the damages he has caused. The relinquishment of a right. may be abandoned. however. 3 Kent. xx. & M. who shall be completely discharged. 47. 17 Mass. 215. to obtain payment of the damages and costs. in which case such person shall sell such slave at public auction in the usual form. 1 Story L. By this term is understood the deduction sometimes made at the custom−house from the duties chargeable upon goods when they are damaged See Act of Congress. & R. It is enacted by the civil code that the master shall be answerable for all the damages occasioned by an offence or quasi offence committed by his slave. and the balance. 216. − Legal rights. 515 . 2. they are bound by the contract of the master only to the amount of their interest in the ship. to make the abandonment. when once vested. 289. and further it must be made without any desire that any other person shall acquire the same. s. 7. 193. 52. Divorce. which is an inception of title. 2. a mill site. or the owner for a trespass committed by his animal. Art. on Ins.

When the plaintiff is an alleged corporation. 1 Chit. As to pleas relating to the jurisdiction of the court. 2 Bailey. 1 Chit. 2 Root. Coverture occurring after suit brought is a plea in abatement which cannot be pleaded after a plea in bar. 1 Dougl. PI. Arch. Dig. 2 Rand. to the affidavit of the truth of pleas in abatement. t. C 5. 363 . death of the plaintiff does not abate the writ. 305. Civ. R. 9. Ibid. but in that case the defendant must not suffer a continuance to intervene between the happening of this new matter. h. 410. Com. pleading. Com. 2. 377 . 501. as in Pennsylvania. The defendant may plead to the person of the plaintiff that there never was any such person in rerum natura. 373. Bac. R. If one of several joint tenants. If persons join as plaintiffs in an action who should not. 2 Wheat. 4. 552. Alien. Dig. &c. H. Brayt. 5. 113. 6. 304. 12. Wright. 1 Went. 8 Pick. Abatement. E 6. and yet the plea is in the same condition. 508. 142 . Bro. − 6. 5. 48−51. Pl. 8 . see 5 Watts. 7 John. 3 Johns. Misnomer. Lit. H 32. 302. 1 Chit. And if one of several plaintiffs be a fictitious person. Ent. v. 185. Civ. 433. 93. 13. 127. 72. 12 Mass. G. PI. 410. Ch. Abatement. Salk. E 19. Arch. Civ. 19 John. Com. Joint−tenants. Rep. 15 East. one of several joint contractors. 2 Bay. Law Journal 64. Willes’ Rep. 14 Mass. Hayden. 4 Pet. 310. of such pleas . PI. PI. and see 7 Mass. then such death makes no alteration. Jurisdiction. 73. Index. the defendant must plead in abatement. 10 Johns. 4. in such case the executor or administrator is substituted. and Arch. Id. 1. 63. Arch. Death of plaintiff pending the writ might have been pleaded since the last continuance. Abatement. Abr. see Com. 349. & R. 296 . 381 2 N. 231. shall abate. 6 Binn. 212. Abatement is by plea. Pl. the. 4 S. 1 B. Alienage. R. 1 Chit. 487. 4 Halst. But a nominal plaintiff in ejectment may sustain an action. 450. Pl. B. the defendant may plead the non−joinder in abatement. or that she is his own wife. That the plaintiff (unless he sue with others as executor) is an infant and has declared by attorney. 369. 450. pending the writ. 12. Gilmer. 7. − 4. Abatement. 295 . may be pleaded in abatement. 11. − _ 2. 479. R. Pierie. 434. & Nor. Abatement. E 14. Dig. to that of the defendant. and that is where no court of the country has jurisdiction of the cause. 241 . Dig. or even if they have not proved the will. 9 Mass. 238. the defendant may plead in abatement that there are no such judges. Civ. & M. Pl. 436.−9. sue in action ex contractu. 1 Mass 485. The rule of the common law is. Abatement. 265. & R. 1 Chit. E 16. Arch. Death of plaintiff before the purchase of the original writ. 25 . Com. Misnomer of plaintiff may also be pleaded in abatement.. 1 Brown. to the person of the plaintiff.t. Arch. & P. Dig. Civ. 180. Abatement. 1 S. See 10 S. 2. 4 Hawks. 5. 2 John. 75. 5 Pet. Judges. Dig. PI. 659. may plead that the plaintiff is a feme covert. 1 Bailey. one of several joint administrators. Gow on Part. 10. 304. and pleading it. Com. see article Jurisdiction. 236. There can be no demurrer in abatement. 13." after such court has been abolished. 5 Verm. 1 Chit. − _ 1. 13. There is only one case in which the jurisdiction of the court may be inquired of under the general issue. Civ. & R. Meredith v. one of several partners. 145. − 7. PI. Cam. 1. 246. To a suit brought in the name of the "judges of the county court. l Mass. 1 Yeates. to the jurisdiction of the court. to the form of such pleas. − 10. Arch. Pl. 184. 1 Arch. 6 T. Civ. 4 Hen. tit. b. Dig. Civ. Civ. 437. E 12. 7 Verm. & Munf. Com. unless the matter arose after the plea in bar. Dig. Relating to the person of the plaintiff. As to the rule in Pennsylvania. 119 . 183. 308 Com. Brief. 2 Saund. 3 Bibb. Rep. 4 S & R. Pleas in abatement will be considered as relating. 2 Greenl. and see 3 T. 6. Dig. Pi. 4 Vern. Index. 3 Mass. Pi. 508. Abatement. Gilb. n. The defendant. − 2. 1 Chitty’s Pleading. 1 Blackf. 3. Abatement. 345. 3 N. 18. 2 Penn. Com. E 22. that whenever the death of any party happens. 5. 4 H. E 16. 62. − 5. Abr. 238. 304. 631. 53 . b. K. Civ. 435. Rep. Abatement. 422. h. 58. and on this rule all the diversities turn. Arch. for in that case no action can be maintained by the law of the land. as if such party were living. Rea v. H. to the qualities. 12.. 9 Mass. Arch. 435. 533. E 9. 454. Lit. − 8. 3 Pick. 3. 545. 150. 3 Mass. 288 . or its coming to his knowledge. the defendant may plead the misjoinder in abatement. 2 Dall. 290. Bac. − 3. 3. 208. 57. Pl. Pl. 3 31. . 220. PI. 4 Mass. Phillips. Arch. Com. 304. Abr. Co. Abr. 260. 301. A suit brought by a lunatic under guardianship. 1 Ch. 241. 308. to the writ. or that the plaintiff is an alien enemy. Rep. But in some states. 7. one of. 11 Mass. E 4. is the overthrow of an action in consequence of some error committed in bringing or conducting it when the plaintiff is not forever barred from bringing another action. E 21. E 17. Co. Pr. Pleas 242. Pl. E 13. a. it abates the writ. Id. E 15. 19 Johns. 8. and it is intended to contest its existence. 301. tit. 132. several joint executors who have proved the will. 1 Pet. R.ABATEMENT. Bac. E 20. Bac. 111. & S. 519. 423.

PI. 23. Com. 229. The exceptions to this rule arise when the coverture is suspended. Arch. Ibid. 18 Johns. Dig. 3 B. as that it is in case where it ought to have. or one of them may take the entire tenancy on himself. In general where the cause of action dies with the person.H 17. l. such as misnomer of the plaintiff or defendant in Christian or surname. Abatement. Formerly very trifling errors were pleadable in abatement. 312. 209. Pleas in abatement of the writ or a bill are so termed rather from their effect. − 3. Com. H l. Dig. And in actions upon contracts if the plaintiff do not sue all the contractors. & P. When hushand and wife should be sued jointly. Ld. 160. − _ 3. Com. 15. 5. 2 Saund.. 188 .−2. who is named as defendant with him. than from their being strictly such pleas. − 2. 8 Greenl. H 17. abatement of the writ. 1541 . C. 309. 307 . & P. 99 . 459. Com. and pray judgment of the writ. can in no case be pleaded in abatement. 648. 1 Lutw. 210. a. Dig. See form of a plea in abatement for a misnomer of the defendant in 3 Saund. Glib. 132. 645−648. In an action against two or more.Writ. 83. Dig. PI. F 6. 1 Stra. 382 . 5 T. the suit abates by the death of the defendant before judgment. Bac. H. PI. 668. A defendant may plead his privilege of not being sued. one may plead in abatement that there never was such a person in rerum natura as A. Com. 500. H. Arch. an omission in the defendant’s declaration of the defendant’s addition. H 34. Co. Dig. Arch. Action E . and there is no plea to the declaration alone but in bar. 1. − _ 4. & B. G 5 . 128. When one joint tenant. for as oyer of the writ can no longer be craved. they may plead several tenancy. Abatement. F 2. PI. See tit. F 5. 395. who have proved the will. Com. Com. Dig. 18. 1 Gilm. Raym. see Arch. P. Plea in. & P. be incorrect in respect of some extrinsic matter. − 5. it is then open to the defendant to plead in abatement to the writ or bill. 27. it is now very unusual to plead them in abatement. 1 Saund. Civ. Lutw. B. Com. 395. or one tenant in common. and see further. 68. 3. which is resumed to correspond with the writ or till. Dig. . the defendant may plead the non−joinder in abatement. PI. In cases where the defendant may plead non−tenure. The non−joinder of all the executors. 556. Co. 1 B. Abatement. which is not necessary to be stated in a declaration. The death of the defendant abates the writ at common law. or matters dehors. 310. Com. El. If the defendant be a married woman. 21. 1. or rather if the declaration. F 18 . see Arch. 309. 530. that they hold in severalty and not jointly. see Com. 1 Watts. F 15. tit. Comb. 4 McCord. Abatement. 20. Lit. 25. _3. may be pleaded in abatement. d. − 6. 51 . R. Lilly’s Ent. P. − 5. 16. and one is sued alone. 7 East. Cas. where they ought to be joined. Where he may plead a disclaimer. 17. 318. Cro. 36. 19.. 1 Show. 209. In a real action if brought against several persons. 24. 2 Inst. PI. It may also be pleaded that there ii another action pending. the non−joinder may be pleaded in abatement. 1 Chit. Ibid. 310. 2 Johns. 10 Mod. 559. 312. 2 Rich. of the writ or bill and to the form or to the action. 394. 1 Lutw. − 6. L. 1. but if a mistake in the writ be carried into the declaration. but as these matters are grounds of demurrer or nonsuit. Civ. 311. PI. Civ. But as oyer of the writ can no longer be had. 3 Caines’s Rep. b. F 12. Dig. Dig. Dig. PI. 1 Const. Pleas in abatement to the action of the writ. is sued alone−he may plead in abatement. Civ. R. 440. & P. 2 B. Abatement. b. 441. F 10. 545 . 487 .. F 8. Abatement. she may in general plead her coverture in abateraent. Dig. − 4... Com. been in trespass. Abatement. 480. Vide Actio Personalis moritur cum persona. 6 . Civ. 25. Relating to the person of the defendant. in abatement. − 3. 210 . − 4. 1 Hayw. 1 B. − 8. existing at the time of suing out the writ. Abatement. 10 Mod. Carth. 28. 10 . But mis−joinder of defendant in a personal action is not the subject of a plea in abatement. Civ. 8 . 3 B. Those of the first description were formerly either matter apparent on the face of the . in cases. R. F 13. 7 Wheat. G 6. Autre action pendant. and the non−joinder of all the administrators of the deceased. or that it was prematurely brought. and tit. PI. Ibid. Abatement.14. Abridgment C . or arising afterwards. 882. 4 Mass. 22. 1 Chit. are therefore now principally for matters dehors. Abatement. Privilege. 1197. Bac. Rep. 26. Abatement. 8 T. Id. 24. Pleas in abatement. 1 Wash. Pleas in abatement to the formof the writ. no objection can be taken to matter which is merely contained in the writ. 2 Binn. Abatement. that is. Ab. Abatement. − 7. 17. Com. 43. and in some cases it does still abate the action. The misnomer of the defendant may be pleaded in abatement. 2 Bl. Abatement. − 9. Dig. and that the action is misconceived. Arch. 399. but one defendant cannot plead the misnomer of another. Dig. F 2. 9. n. Id. Civ. Arch. C. Com. 145. see this Dict.

2. Abatement. abate their legacies. the rule is that the general legatees must abate proportionably in order to pay the debts. Bac.. 615. and demur or plead in bar to the residue of the declaration. 2 Bl. Co. 1 Hayw. In the abatement of a public nuisance. p. ABATEMENT OF A FREEHOLD. t. except that of cutting branches of trees which overhang a public road. 634. 556. t. & P. n. Ab. Abatement. b. 2 P.) Penna. Ent. The manner of abating it. Vin. so as to prevent injury to the materials.. PI. 8 T. See 2 Bro. tit. 311. Com. 209. Pl. h. but there is no case which sanctions the abatement by an individual of nuisances from omission. where there are several. A public nuisance may be abated without notice. Form of pleas in abatement . 4 Ann. 2 Saund. 1 19. the greatest accuracy and precision are required in framing them. P. Pl. 2. 274. (n) 7. 77 . & Cres. − _ 6. 2. 1 Day. 680. Index. Rep. 5. This is the true criterion to distinguish a plea in abatement from a plea in bar. Abatement. 31. Com. a. this term was used to signify the act of one who. 447. 283. ABATEMENT OF NUISANCES is the prostration or removal of a nuisance. Sayer’s Rep. Dig. and should leave nothing to be collected by inference. 4 . Anciennes Lois des Frangais.1 As to the form of pleas in abatement. 2 Ld. Abr. 210. J 1. Tidd’s Pr. 444. 344. which is created by an act of commission. Litt. Story’s Pl. 9 Co. an individual would be justified in abating a nuisance from omission without notice. d. − 2. and not merely that the plea is a true plea. − 2. 2 Saund. 1 Chit. 3 Dowl. 1 Chit. (b. and before the heir or devisee takes possession. 443. M. 185. 2. 29. The general rule is. 28. t. Plaintiff. Bac. & R. Barnes. took possession of it immediately after the death of the actual possessor. 3 Mass. 2 Dall. Great accuracy is also necessary in the form of the plea as to the commencement and conclusion. Pl. 24. And though a gate illegally fastened. 1. F. 16. Index. 227 . 539. 3 Bl. 247 1 Saund. _1. See further on the subject of abatement of actions. and must be positive as to the truth of every fact contained in the plea. 1. ABATEMENT OF LEGACIES. Willes.Ab. C. PI. A writ is divisible. 184. 293. h. 4. and the defendant may plead in abatement to part. 284 n. 167. Civ. and remain good for the residue. 4 T. Dig. Pract. the abator need not observe particular care in abating it. R. c. Who may abate a nuisance. having an apparent right of possession to an estate. As these pleas delay the trial of the merits of the action. h. − _ 6. a specific legacy is not abated unless the general legacies cannot pay all the debts. Any person may abate a public nuisance. proportionably. The entry of a stranger after the death of the ancestor. Nelson’s Abr. 3 Str. 1096 2 Saund. that whatever proves the writ false at the time of suing it out. 1 Yeates. t. Abatement. 2 Saund. 1. 139. H. tit. C. Cro. Abatement. 1. IR. − 2. the manner of abating it. Raym. 298. Abatement. 2 Mass. c. n. Dig. they should be certain to every intent. when the security of lives or property may require so speedy a remedy as not to allow time to call on the person on whose property the mischief has arisen to remedy it. 1 . 417. 82. Com. Lit. Lit. R. Legacies. 513. 11. Index. American Dig. 277. Pleading. 458. shall abate the writ entirely Gilb. 2 Barn. before the heir entered. Index. and may be abated in part. 11. 425 to 458. 1 East. And. Death. n. 458. Who may abate a nuisance. The affidavit may be made by the defendant or a third person. (i) sub fin. 2 Vessen. 3. By the ancient laws of Normandy. 1. − _ 2. and there are general legacies and specific legacies. 253. 3 T. Bromal. and must in general give the plaintiff a better writ. 2 Bl. tome 1. Dig. 11 Co. 284. Parties to actions. 2 Salk. Civ. 1 195. Arch. 1178. All pleas in abatement must be sworn to be true. 32. R. 412. it should be stated that the plea is true in substance and fact. s. Puis darrein continuance. 705. which is said to make the plea. 362. 125 . Whart. 178 . 186. Latch. Rop. 2 do. who must. Wms. 72. 1 Browne’s Rep. Arch. C. 2. see. 6 East) 600 . Of the affidavit of truth. 2 B. on Leg. 3 T. and be pleaded without any repugnancy. and so may a private nuisance which arises by an act of commission. − _ 7. − 1. tit. without notice to the person who has committed it. When the estate is short of paying the debts and legacies. tit. 454. 4. Qualities of pleas in abatement. might have been opened without cutting it . The injured party may abate a private nuisance. 561 to 564. by which the rightful possession of the heir or devisee is defeated.. 1. see 1 Chit. 19. Arch. 501. 1 Com. Finch’s Law. 186. in that case what remains to be paid must be paid by the specific legatees. 286. 1. Com. Pl. 1 Saund. 1 P. n. 1 to 70. Pract. Wms. 3 Bl. 2 Chitt. R. or the private property of the person who cuts them. 2. Abr. 30. Howard. 392. 2 Salk. 1 Chitty’s Pi. tit. 42 . h. Abatement. Jac. is the reduction of legacies for the purpose of paying the testator’s debts.

Abs. Adolphus and Ellis’ Reports. 6 Bing. when the recognizances are used. A.268. practice. Roll. Anno Domini. ABBEY. Acton’s Reports. and abate the nuisance and justify the trespass. Act. & E. Amos & Ferard on Fixtures. Marsh. 9 Co. on Corp. may be useful to some readers. but he was the last of the spiritual barons. the party injured may enter on the soil of the other. Ad. Ab. 686. A. However. Ca. − The omission of some words or letters in writing. 418. Abridgement of cases in Equity. b. See 4 Ca. Angell & Ames on Corporations. 125.48. he who abates or prostrates a nuisance. &c. and before the heir or devisee enters. gets possession of the freehold to the prejudiae of an heir or devisee. 1 Brownl. & A. as when fieri facias is written fi. John’s of Jerusalem. 9 Mass. 394. 2 Smith’s Rep. ABAVUS. h. was styied the first baron of England. Reg. yet the cutting would be lawful. and many other contracts. 53. ABBREVIATIONS and abbreviated references. & E. 511. it has been held.C. New Series. Act. Dalt. ABBREVIATION. Acta Regia. and no wanton or unnecessary injury must be committed. 2 Prest. − 4. 2 Campb. Absolute. 212. A. Sometimes cited Ang. on Fixt.C. 1 Esp. S. 316. Vin. S. 300. and Nuisance W. on Corp. is the great grandfather. 12 Mass. D. God. Abst. 2. 210. Abr. Accord or Agrees. or fourth female ascendant. after the time when the ancestor died. only as is too high should be pulled down. _ 383. Vin. as in the case of a libellous print or paper affecting an individual. Trees. Ab. 43. − 5. 3 Lev. 5 Conn. Rep. and this right of abatement is not confined merely to a house. fa. 4 Conn. A. 42. as. Ab. Marshall’s (Kty. The prior of St. 458. 7. that if a man in his own soil erect a thing which is a nuisance to another. K. Nuisance. t. Abbott on Shipping. A. In writing contracts it is the better practice to make no abbreviations. they are drawn out in extenso.19E. And so much only of the thing as causes the nuisance should be removed. but still it may be destroyed 5 Co. 3 M. which is money clipped or diminished in value. Ab. See Adams’ Eject. Litt. E. abbatia. 679. 9 Co. If the nuisance can be removed without destruction and delivered to a magistrate. 8. the first letter of the alphabet. See as to cutting down trees.L. they are used. Anonymous Reports. Richard Roe tent to appear. 221. 2 Roll. Adolphus & Ellis’ Queen’s Bench Reports. is sometimes used in the ancient law books to denote that the paging is the first of that number in the book. 9. A. K. though neces−sarily incomplete. 2 Leon. As to the consequences of an abator dying in possession. Abavia. civil law. 1st. Com. in the year of our Lord A. Abridgement. N. 420. The following list.) Reports. 61. as by stopping a rivulet. 2 Salk. 202.R. As an abbreviation. _ 897. Pleader. but in recognizances. and so diminishing the water used by the latter for his cattle. nor convert them to his own use. Eq. See article Abatement. 92. 50. ABATOR is. in respect to the lay barons. 3 Taunt. 379. The abator of a private nuisance cannot remove the materials further than is necessary. As to private nuisances. & P. Sh. 271. Str. mill. Dig. A. − 3. &c. A. 1 Inst. B. 2. or Abr. Perk. it is advisable to do so. is the great grandmother. it is a general rule that the abatement must be limited by its necessity. moneta abatuda. having an abbot or abbess to preside over them. Cowell. obsolete. Eject. o. or fourth male ascendant. ABATUDA. & F. 99. or land.down. tit. he who having no right of entry. 3 Buls 198. Formerly some of the most considerable abbots and priors in England had seats and votes in the house of lords. is a society of religious persons. . as if a house be built too high. Adams on Ejectment. a. A is used for anonymous. as John Doe tent to prosecute. printed at the end of Bendloe’s Reports. so much. B. Acc. 6. Abr. commonly cited Q. Any thing diminished.. 565. 296.

Ady. Amb. Andr. Ap. Arch. Angell on the Common Law in relation to Water Courses. vide Ats. Reg. Enj. on Limit. Aldridge’s History of the Court~ of Law. Anderdon on Church Warden~. R. ~~Angell on the right of property in Tide Waters. Ch. L. c. ~Fox Alden and J. on B. A~n. B. Arch. Alleyne’~s Legal Degrees of Marriage considered. J. Jur. Addis. Angell on the Law of Private Corporation~s. Aik. Andrew’~ Report~. Amer. . Alcock’s Reg~stration Case~ Ald. Apud Justinianum. Tr. Anthon’s editon’s of Sheppard’s Touchstone. America. Addis on Contr. Anne. 7. Appendix. Dig. ~America. R. Ang. L.~~ Alcock & Napier’s Reports. Anstr.& N. Rep. Appx. Ads. In E. Annesley on Insurance. ~Ang. or Justinian’s Institutes. as 1 Ann. Ambler’s Reports. on Adv. Hilt. Am. Allen and Morris’ Trial. Addison’s Reports. Pr. Ang. ~ Van Hoes. Prin. Ang. M. Anstruther’s Reports. And . Alc. ~ Fer. Ang. Alley. App. Anderson’s Reports. G~. Ad sectum.~ on W~ater Co~urses. American Dige~t. Addam’s R. Aiken’s Reports. Temp. This book is usually cited Cas. Arch Archbold. and Suits in Equity. Angell’~s Practical Summary of the Law of Assignment~ in tru~t for creditor~. A. Hardw. Pl. Administrator. All. Cr. by T. Amer. Al et. Yan Hoesen. American. Ad. on Ins. Arch. Eccl. Addam’s Ecclesiastical Reports. Al. or Americana. American Jurist. Al. Ann. Alabama Repo_rt~. D. Allnat on Partition. of ~Mar. finn. Ar− chbold’s Criminal Pleadins. Arch. Civ. Alis. Ander. & Ell. C. Alln. Am. Admr. War. Shep. Addison on the Law of Contracts and on Parties to actions ex contractu. American. Aldr. A Di~gest of the Laws of Mi~sissippi. T. Anonymous. or Americana. R. Adolphus & Ellis’ Reports. ~ Mor. Archbold’s Civil Pleadings. Archbold’s Practice. Angell on Bank Tax. Part. Al. Ala. Anth. and others. At or near the ond. on Corp. Angell’s Treatise on the Limitation of Actions at Law. Annesl. ~Amer. Angell’~s Inquiry into the rule of law which creates a right to an incorporeal hereditament. Aleyn’s Cases. Alison’s Principles of the Criminal Law of Scotland. F~ixt. Apposition. Justin.Ad. Annaly’s Reports. Et alii. on Ass. Ang. Ad finem. Pl. Anna. Alinea. Ang. Adye on Courts Martial. on Tide Wat. Amo~s & Ferard on Fi~xture~s. Dig. on. by an adverse enjoyment of twenty years.

Law. or Bro. B. Bacon’s Elements of the Common Law. Atherley on the Law of Marriage and other Family Settlements. B. Ayliffe’s Parergon juris canonici Anglicani. Art. on Mar. Ark. B. B. Bacon on Go~vernment. Inst. Aso and Manuel’s institutes of the Laws of Spain. Babington on Set off and mutual credit.D. Bacon’s Abridgement. Brown’~s Chancery Reports. P. El. is the second number o~f the same volume. Arb. Atk.Archbold’s Bankrupt law. Bac. Ayliff’es Pandect. Bac. Ass. Gov. on Tit. Comp. Archbold’s Law of nisi Prius. Atkyn’s Reports. on Jur. is an abbreviation for the words "at suit of. Atkinson on Marketable Titles. that is. on Con.) Aust. vel Thesaurus Rerum Eccleslasticarum. or Lib. in the Authentic. Arch. T. Bacon (M. ~& A. par M. for example: when the defendant enters a plea he puts his name before that of the plaintiff. Aston’s Entries.) ats A. Bacon’~s Law Tracts Bac. ~& Pull. Rev. the Summary of some of the Novels of the Civil Law inserted in the code under such a title. Arkansas Reports. B. b. L. Bacon’s (M. on Auct. Ent. Stat. R. B. Bacon’s ~John) Liber Regis. (the plaintiff. Ashmead’s Reports ~Aso & Man. Arkansas Revised Statutes. P. Burn’s Ecclesia~tical Law. Arch. or Pleas of the Crown. Inst. Liber Assissarium. The Province of Jurisprudence determind. J~ust. Ats. C. or Bk. ~& P. B. Bac. Bosanquet & Puller’s Reports. Arg. Ast. Use~s Bacon’~s Reading on the Statute of Uses. Brooke’s ~New Cases. C. Parerg. Brown’s Parliamentry Ca~ses. B. P. Archbold on the Law of Landlord and Tenant. or K. by an argument drawn from such a law. Institution au Droit Francais. Ayl. Azun. Abr.) Complete Arbitrator. C. Ark. ~King’~s Bench. N. Atkyn’s Parliamentary Tracts. Bac. Bab. Bac. Burn’s Justice. Article Ashm. & T. Lib Reg. B. Bab. N. L. R. Rep. Parl. Atherl. Mar. reversing the order in which they are on the record. B. Bail Bond. Ay. Atkinson on Conveyancing. it also signifies arguendo. Boo~k. by John Austin Auth. Azuni’s Maritime Law of Europe. Bac. Argumento. Ass. R. Eccl. or Bos.) on Leases and Term~ of Years. Authentica. Ball ~& Beatty’s Reports. Atk. Leas. ~& B. Argou. Bishop’s Trial. Atk. Barnewall & Alderson~s Reports. This is printed in his Law . Law Tr. used at tho head of a page to denote the folio.(the defendant. B. ig used to point out that a number. Tr. B. See Pike’s Rep. B. Set off." and is used when the defendant files any pleadings. C. Babington on the Law of Auctions. B. Arg. Atk.B. CaJ. Bac. in practice. B.

Puffendorf’~s Law of Nature and Nations.. ~Barb. Ball and Beatty’~s Report~s. Grotius on War and Peace. Ob~s. Beavan’s Chancery Reports. Barn. ~& Cre~ss. Bellingh. ~Barn. Barbour’s Treatise on the Practice of the Court of Chancery. Bainbridge on Mines and Mineral~s. B. Barry’s Tenure. Barbeyrac. B. Barb. Reports. Barnardi~ston’s K. Pl. Prec. Te~n. Cr. Sher. Lim. Beawes. Chan. R. Batty’s Reports of Cases determined in the ~K. Bain. Barnes’ Sheriff. Batt~y’~s R. Beav. Bee’s R. Beawe~’s Lex Mercatoria. Beck’~s Med. Barton’s Precedent~ of Conveyancing. C. Bee’s Reports.. Barn. Barne~’ Notes of Practice. Barb. ~& Ald. ~Bart.&M. from 1600 to 1815. Bar~b. Conv. ~an. and on the Principles of Mercantile~ Jurisprudence. Bayl. Ch. Beller’s Delineation of Universal Law. Bay’s Reprts. Eq. on Set off. Bellingham’s Trial. R. Del. Bache’~s Manual of a Pennsylvania Justice of the Peace Bail. Ballantine on Limitations. Bell’s Commentaries on the Laws of Scotland. with notes by M. Barnewall & Alder~on’~s Re~ports. Bell’s Dict. Bills. Barb. R. as a~ equi~ablc proc~ess. Bayley on Bill~s. Grot. Barn. ~Ne E~xeat. Barb. and Q. Beames’ ~General Orders of the High Court of Cbancery. are cited as Brooke’s New Cases. Sup. Beatty’~s Reports determined in the High Court of Chancery In Ireland. Barnewull & Cresswell’~s Reports. Barnardiston’s~ Chancery Reports. Beam. ~Eq. Eq. Bayl. Baldwin’s Circuit Court Reports. Barb. Barnewall & Adolphu~’s Reports. S. Bell~. Barnu. Mary. Bay’s R. with an appendix of Precedents. Dig. Bart. Bayley~’s Chamber Practice. Barn. Puff. Ball & Beat. Banc. Bart. Dictionary of the Law of Scotland By Robert Bell Bell’s ~Med. Bec~k’s Medical Jurisprudence. U. Br~ief view of the writ of Ne Exeat Regno. Barn. Beam~s.~ with a table. and arranged under years. Conv.Tract~s. Bell’~s Com. by J. Bach. Ord. Tr. Baldwin. Barton’s Element~ of Conveyancing. Jur Bell’~s Medical Jurisprudence. Barrington’~s Observations on the more ancient statute~s. in Ch. Ballan. Bellewe’~s Ca~ses in the time of ~K. collected out of Brooke’s ~ Abridgment. R. Bellewe’~s Cases in the time of Henry VIII. Bailey’s Report~. L. ~& ~Adolph. Barr. Barr. R. Beam. B~arbour’s Criminal Pleading~. Barton’s Suit in Equity. with notes by Barbeyrac. Upper Bench. Barbour’s Chancery Report~s. Edw VI. Beames on Equity Pleading. Jur. Barbour on the Law of Set off. Richard II. Ireland. El. . Bell. Beat. Stat. Barbour~s Equity Dige~st. on ~~~M. Beam. Pract. Pr.

Bo~cowen on Convictions. Boh. Pr. Pr. Bird’s Sol. Tenants and Lod~gers. ~Mar. L. on E~st. Commentaries on the Laws of England by Sir Wllliam Black~stone. Blac~burn on the Law of Sales. Dr. Bl.~& P. R. Biss. Boh. Blan. Benth. ~N. Priv. L. & ~ Pull. Ion.&~ T. R. Henry Blackstone’s Report~. Bla~ck. Pr. Bouch In~st. R. Blac~kburn on the Eff~ect of the Contract of Sale~s. Bl. on Av. Bill. Bo. R. Belt’s editon of Vesey senior’s Reports. Bi~ssett on the Law of Estates for Life. or Buss. Ch. L. Bing L. Benl. Blak. Dec. Act. Pr Bird’s Solution of Precedents of Settlement~. Blac~b. par M. Blount. Bennet’s Short Dissertation on the nature and various proceedings in the Master’s Office. sometime cited ~H. on Hom. Blount’s ~ Law Dictionary and Glo~ssary. See New Benl. See Benn. Borth. ~B~est on Prc~. Bett’s Admiralty Practice. Bosanquet and Puller’~s Reports. Bl. Billing on the Law of Awards. Booth on Real Action. Inf. in the Court of Chancery. L. Comm. C. Belt’s Ves. Pract. Bingham on Infancy. on Aw. A. Booth on Real Actions. L. Bingham on the Law of Landlord and Tenant Bing. Bird o~n the Laws respecting Landlords. on Par~n. Bohun’~s Privilegia Londini. on Con~. Bissett on Partnership. Ev. Boucher. Hardwicke. Bosc. Bett’s Adm. ~H. Benecke on Average. Rep. Biret Bi~s. Diss. Bl. Lim. Boote’s S. or Comm. Bingham Bin~. Ben. Benn. Bohun’~s English Lawyer. De l’Abs. Bing on Judg. on Life E~st. Blaney on Life Annuities Bland’s Ch. Blansh. Esq. Bin~. Bi~ng. Bohun’~s Declaration~. Traite de l’Absence et de ses effects.~& T. ~Boote’s Suit at Law. R. on Ann. Bevil on Homicide. Bla~ke’s Practice of the Court of Chancery of ~the State of ~New’ Yor~k. Blackford’~s Reports. Bingham on Judgments and E~ecutions. Biret. Bott. Diss. Belt’s Supplement. Borthwic~k on the La~w of Libel~. Boote’s Ch. during the time of Lord Ch J. Benn. sen. Pract. Binn. Reports Of Cases adjudged in the Supreme Court. Sometimes this book is called Benn. Blounts Law Dictionary and ~Glossary Bl. Boh. Sir William Blac~kstone’s Reports. Bos. Bligh. Supplement to the Reports in Chancery of Francis Vesey. Best’s Treatise on Presumption of Law and Fact. Blan~shard on Limitations. Bev. Boote. Institution au Droit Maritime. Bing Bingham’s Reports. Bentham’s Treatise on Judicial Evidence. on Sales. Booth’s R. Bligh’s Reports of Cases decided in the House of Lords. Bingham’~s New C~ases. of Pennsyl~vania By Horace Binney Bird on Conv. Blackf. Bird on Conveyancing Bird L. Blackstone’s Law Tracts Blackb on Sales. . Benloe & Dalison’s Reports. En~g. Senior.Belt’s Sup. Vide B. Bland’~s Chancery Reports. T. Boote’~s Chanccry Practice. Bott’~s Poor Law~.

Brownlow’s Reports. R. on Lib. or Choice Writ~s. Bradley’s Point Book. Bradl. Bridgman’~s The~saurus Juridic~. Bradby on Distresses. Brayt. Brack. being an alphabetical collection of maxims. Bowles on Libels. C. Cases in Bankruptcy in 1817. Bulstrode’s Reports. 1818. Not. Brownlow’~s Reports. Sy~nth. Bra. Bro. or Br. Leg. par P. Dict. &c. Bridgman’s Thesaurus Juridicus. Brownl. Bridgman’~s Legal Bibliography. Bouv. of Law. Brid. Burge’s Commentaries on the Law of Suretyship. Inst. Cited 1 Bro. Brown’s Chancery Cases. on Sales. Burge on Sur. V. C. A Treatise on the Office and Practice of a Notary in England. Broderip & Bingham’s Reports. The. Bousq. Br. Bro. Brackenridge’~s Law Miscellany. Bousquet. A. de Dr. Bouvier’~s Institutes of American Law. bradb.Boulay Paty~ Dr. P. Brac. Bouvier. Law. Brevia Selecta. ~Am. Prin. Buck. Brooke’~s ~Abridgment. N. as connected with Mercantile Instruments. B~reese’~s Report~ Brev. O. ~&c. Treatise onthe Ancient Pleas of the Crown Bro. Bunbury’s Reports. Brownlow Redivivus. Also. Buck’s Cases. Bracton’s Treatise on the Law~ and C~ustoms of England. Bran. or Brownl. Max. Buller’s Nisi Prius. Conv. Jru. Brown’s Admiralty and Civil Law. Brod. Brayton’s Report~. Ent. Rediv. Bro. . By Richard Brooke. Institutione~s Theologicae Auctore J.W. Bridgeman’s Synthesis. Bridg. Ab. Brid. L. Branche’~s Principia Legi~s et A~equitati~s. Buck’s Ca. Bull. & Bing. Brid.P. by J. Jur. Sel. L. Bouvier’~s Law Dictionary. Broom on Part. Bruce’s Military Law. ~Misc. or Brownl. Burge Col. Brown on Sales Bro. Brid. Bridgman’~s Reflections on the Study of the Law. Br. Brady~’s Hiatory of the Succession of the Crown of England. Brid. Bruce M. Brockenbrough’s Reports of Chief Justice Marshall’s Decisions. Brooke’s Abridgement. R. By Sir John Bridgman. Bridg. C. S Boulay Paty. B. Off.M. Bridgman’s Dige~sted Inde~x. Burge Confl. Bro. Burge’s Colonial Law. L. Brid. Broom on Parties to Actions. Brooke’s Reading on the Statute of Limitations. Britton. Brown’s Vade Mecum. Bouv. Bro. D. &c. Bouv. Dictionnaire de Droit. Orlando Bridgmen’s Reports. In~st. 2 Bro. or Brownl. Brock. Bull. Burge on the Conflict of Laws. Bunb. Thes. Princ. Law. or Bran. &c. Bo~wl. Bridgman~’s Precedents of Conveyancing. Bra. Refl. Breese’~s R. Branch’s Principia Legis Aequitatis. Cours de Droit Commercial Maritime. P. Bib. Reports by Richard Brownlow and John Goldeshorough. Bulst. Bro. Ind. & C. L. Read. Brid. Bro. Dig. Bridgman’s Reports Reports from 12 to 19 K Jame~s. Ab. Com. Brown’s Parliamentary Cases.

C.& P. Code. Burge on Foreign Law. one relating to "public law. Burn’s L. Burrow’s Reports. C. Cas. Eq. C.P.C. the latter. Com. C. Jur.R. Hor.J. Codice Theodosiano. C. Caines’ Cases in Error. . C. Burn’s Eccl. in the Theodosian code.P. Burr’s Trial.& F. Theod. C. C. C. Crompton.L. Burrow’s Settlement Cases. C.J. Chief Justice of the Queen’s Bench.& J. Crown Circuit Companion.K. C.M. Burlam. C. Burn’s Ecclesiastical Law. C. Burlamaqui’s Natural and Political Law. Cooper’s Reports.B.Burge For. C. During the time of the common− wealth. the Code of Justinian. Communi Banco.& B. C. Burnett’s Commentaries on the Criminal Law of Scotland.C.D. the English Court of the King’s Bench was called the Upper Bench. Cas. C.J. C.N. C." The former is cited Burt.D. P. C. Butler’s Horae Juridicae Subsecivae. C. Man. C. Carrington & Marshman’s Reports. Dudley’s Equity Reports. Chancery Reports. C. Comyn’s Digest. Chancellor. Law or Burn’s E.& A. Burt." and the other to the law of "private rights and obligations.W.C. C. Burn’s Just.B. Clark & Findley’s Reports.& M. or Cain.C.& K. Pr. Crompton & Meeson’s Reports.& C.& P. Law. Chief Justice of the Upper Bench. Cepi corpus et committitur. C. or Ch.C. Cepi Corpus. Carrington & Payne’s Reports. or Com. Dig. Chief Justice. Cockburn & Rowe’s Reports. The work is in two parts. Burr. See Capias ad satisfaciendum. Cas. Burr’s Tr. Chief Justice of the Common Pleas. Burn’s Law Dictionary.C.L.W. C.& D. C. Burt. P. C.E. or Cr. Cases in Chancery in three parts. C. C. C.& F. C. Man. C. Common Pleas.P.& D. C. Burton on Real Property. Man.C. Crawford and Dix’s Abridged Cases.B.& R. Burn. Chief Justice of the King’s Bench. C.L. Dudl.B. C. Burnett’s Treatise on the Criminal Law of Scotland. Campbell’s Nisi Prius Cases. Butl.C. C.C. J. Burn. on Real Prop. Com. C. Codes. C.& Payn. Ab. Carrington & Kirwan’s Reports. C.U. Rep.& R.. Crompton & Jervis’ Exchequer Reports. Craig & Phillips’ Reports. Burn’s Justice of the Peace. Cepi Corpus and Bail Bond. Clarke & Finelly’s Reports. C. Burton’s Manual of the Law of Scotland. Cir. Burr. Burt. C. Crawford and Dix’s Criminal Cases. Circuit Court. or Car. in the body of the work. C.& M. Sett. or Common Bench. or Ch. Coop.Q.J.C. Meeson & Roscoe’s Exchequer Reports.B. Cooke and Alcock’s Reports.P.

C. Arbit. Cara de For.P. Carolus: as 13 Car. Chipm. Cases. of Sett. Cary on the Law of Partnership. Caines’ R. Cas. of App. Call. and Conveyancing.C. Cald. C. Cas. Cr. over the Persons and Property of Infants.& Kirw. Talb. Chipman’s Reports. Carth. Cases during the time of Lord Hardwicke. Caldecott’s Reports. Charl. Charlton’s Reports. and 19.P. Carr. st. Cas. res. Ca. Cas. See Bac. Cary’s Reports. Cases and Opinions in Law. Can. Callis on the Law relating to Sewers. Charlton. Chev. Carrington’s Criminal Law. Hardw. Chase’s Tr. Car. Charta mercatoria. Chipman’s Reports. Chambers on the Jurisdiction of the High Court of Chancery. Ch. Caines’ Term Reports. on Sew. in 16. Cases during the time of Lord Talbot. Campb. Rep. Temp. L. Cherokee Case. REports in Chancery. D. in error. Temp. L. R. R. L. Cases of Practice in the Court of the King’s Bench. D. Chamb. Ab. Carr. Carthew’s Reports. Campbell’s Reports. Cameron & Norwood’s Reports. Capias ad respondendum. Carrow & Oliver’s Railway and Canal Cases. R. Precedents in Chancery. Cam. S. to the 14 Geo. Cart.& Norw. Carr.& K. Cases of Appeals to the House of Lords. Caines’ Pr. Ch.M. R. 18. Talb. R. Carta de Foresta. T. Pr. Ch. sometimes cited Cald. in practice. Case or placitum. C. Cary. Eq. Cas. Capitulo. Carter’s Reports. Cases in Chancery. Caldw. Ch. sa. is the abbreviation of capias ad satisfaciendum. Chambers on the Law of Landlord and Tenant. See C. Calvert on Parties to Suits in Equity. Calth.& Marsh. of Pr. Merc.C. R. of Chan. . Ca. Charles II. Vide Ch. Calthorp’s Reports of Special Cases touching several customs and liberties of the City of London.. 17. T. Call’s REports. Cases of Settlement. from the reign of Eliz. 2. Cap. Reports in C. T.& Oliv. Cas. Calv.U. Caines’ Practice. Caines’ Cas. Cher. Cheves’ Chancery Cases. Chase’s Trial. Chamb. T. Char.P. Ca. Cases tempore Talbot. Chipm. Equity. Canon.K.U. on Jur. Caldecott’s Settlement Cases. Ch. 2. Charlt. Chancellor. Caldwell on Arbitration. R. c. Ca. Carrington & Kriwan’s Reports. Cary on Partn. Carrington & Marshman’s Reports.Ca. Cas. Charlton’s Reports. 3. on Part. Select Cases tempore King. Carr.1. chapter. and C. CAs. Smuggling. Cald.& T. Call’s R. Caines’ Cases.

Pr. Jr. A particle used before other words to imply that the person spoken of possesses the same character as other persons whose character is mentioned. Code Civ. By Joseph Chitty. Litt. Chitty on the Law of the Prerogatives of the Crown. relating to Medical Juris− prudence. Essay on the Law of Contracts for the payment of Specific Articles. Cockburn & Rowe’s Reports. Jur. Chit. junior. Jr. as co−executor. Chitty on the Law of Descents. See Inst. A Practical Treatise on Pleading. Med. Chris. Co. Chit. Code Lo. By Daniel Chipman. an heir with others. Coke’s Entries. Contr. H. Chitty’s Reports. This work is usually cited by the article. Chit. Christison’s Treatise on Poisons. Cl. Clarke’s Practice inthe Admiralty. Chitty on Bills. Chitty’s Treatise on Commerical Law. Civil Code of Louisiana. Clift’s Entries. See Inst. . Cleir. Duties. being the manner of proceeding in the Ecclesiastical Courts. Cl. M. Contr. Chit. Prax. Cr. C. and executor with other. Co. Coke’s Reports. and the Practice of Physic. Civ. Pr. or Co. Chit. Chitty’s Criminal Law. The Clementines. − Co. Chit. Christian’s Bankrupt Laws.& W. 4th Institute. Chit. Chit. Chitty. on Bills. Christ. Clarke. Clift. Co. Clayton’s Reports. L. Clark on Leas. P. When so abbreviated is also represents "county. Clay. a partner with others. L. is also an abbreviation for "com− pany" as John Smith & Co. Chitty’s General Practice. Pl. Co. co− partner. 2d Institute. Clark. and Liabilities of Hushand and Wife. Cock & Rowe. See. Chitty on Medical Jurisprudence. Ass. R. Chitty’s Practical Treatise on the Law relating to Apprentices and Journeymen. Code Napoleaon. The same as Code Civil. on Courts. on App. Clerke’s Rudiments of American Law and Practice. Co. Co. Chitty. Ch. Co. on Bills. Physiology. Civ. co−heir. or Civil Code of France. Com. Clark & Fin.Chipm. Clark. Coke on Littleton. See Inst. Clark & Finelly’s Reports. Cleirac. Cooke’s Bankrupt Law. Coke’s Reports. Clerk’s Assistant. Civil. Clancy on the Rights. Clark’s Enquiry into the Nature of Leases. F. Us et Coustumes ae la Mer. Code Nap. L. Co. Us et Const. Adm. on Des. etc. Inst. Chitt’s Forms and Practical Proceedings. Chit. A Practical Treatise on the Law of Contracts.L. Clan. Jur. Clarke’s Praxis. Ent. on Bills. Rep. Med. Coke’s Pleas of the Crown. Code Civil. Clarke’s Reports. Coke’s Magna Charta. Chit. C. Prerog. Coke on Courts. Chit." Co. Clerke’s Rud. B. by Joseph Chitty. B.

Evi. in the first or second column of the book quoted. Pl. Blackstone’s Commentaries. R. Com. Mortgage A. Contra. Corpus Juris Canonicus. Cong. L. Connecticut Reports. Com. Chart. Contr. Rep. where this author is cited. Cas. Collinson on the Law concerning Idiots. del Mar. Com. Col. R. Con. Coop. Mrtg. Pr. Communes. Cooper’s Equity Pleading. on Pat. Cole on Inf. Cooper’s Medical Jurisprudence. Coleman & Caines’ Cases. Comyn’s Digest. R. t. Cooper on the Law of Libels. Com. Cov. Connor & Lawson’s Reports. Coll. on Lib. Code de Commerce. By George Cooper. Commerical Law. Cooper’s Justinian’s Institutes. Comyn on Usury. Com. Rep. Med. on Uses. Condensed Chancery Reports. Coop. Column. or Com. Colly. Cooke on Defam. Rep. Code de Procedure. Cond. Civ. Corbet & Daniel’s Election Cases. &c. Can. Coop. Condensed Exchequer Reports. Just. on Conv. Cooke on Defamation. R. Eq. Ct. Ex. Jur. Com. Cooper’s Points of Practice. & Law. Cot. Common Law Reports. Abr. Contoy’s Custodiam Reports. See Bac. Law. Coop. Coll. Coop. Comm. Corn. Corvinus.Code Com. R. Cotton’s Abridgement of Records. Rep. Cases in the High Court of Chancery. Cond. Colle’s Reports. Coll. Collier on the Law of Patents.& T. CAs. Coop. Coventry on Conveyancers’ Evidence. Comb. Comyn’s Reports. or Extravagantes Communes. Cons. Conr. on Us. Cole on Criminal Informations. Eq. Conkl. Corb. . on REm. Col. Comyn on the Law of Landlord and Tenant. & Dan. Coll. Law. Cond. Corn. Ab. Cooper’s Equity Reports. Corp. Cust. Corpus Juris Civilus. Congress. Cornish on REmainders. Dig. Ch. Jur. Corp. Cont. Jur.& Cai. Consolato del Mare. Coop. Code Pro. P. Cons. Cote. Collation. edited by Sergeant and Lowher. Com. Brough. Condensed. R. Collyer’s Reports. Conf. Conn. Coote on Mortgages. Cooper’s Cases in the time of Brougham. Constitutional Court REports. Corvin. Com. Comberbach’s Reports.P. Confirmatio Chartorum. Coop. and Informations in the Nature of Quo Warranto. Conkling’s Practice of the Courts of the United States. on Idiots. Code Pen. Code Penal. Comyn on Contract. Cornish on Uses.

B. Scacc. or Cruise’s Dig. D. not guilty. Chipman’s Reports. Crabb’s Common Law. Coxe’s R. dialogue. 1 Chitty Cr.6. which is a corruption of pret. Law. or culpable. Deputy Sheriff. Crompt. C. Can. Crompt. & Rosc. commonly written culprit. Curteis’ Ecclesiastical Reports. Cranch’s Reports. Curia Philipica.. Cox’s Cases. 416. D. Dig. 24. Cushing on Trustee Process. D. Pr. Cressw. Cruise’s Digest of the Law of Real Property. as. Culpablilis. Cullen’s Principles ofhte Bankrupt Law. Eliz. Cust. Cur. Cowen’s Reports. Cunn. . chapter 24. J.. Cull. District of Columbia. jac. Curt. Cursus Scaccarii. on Copyr.C. Crim. L. c. Curt. Cowel’s Law Dictionary. or the Interpreter of words and terms.L. D. Coxe’s Reports. D.Y. Int. dialogue 2. Cox’s Cas. Criminal Conversation: adultery. N. signifies ready. and Roscoe’s Exchequer Reports. or Doctor and Student. R.5. Cow. means culpabilis. Curt. By George Crabb. a plea entered in actions of trespass. L. Croke’s Reports during the time of King James I. P. Croke’s Reports. prit. Curia advisare vult. Crompt. D. Cul. Cur. Cross on Liens. during the time of Queen Elizabeth. Cro. Chipm. Crabb’s C. also cited as 3 Cro. non cul. D. Digest of Justinian. Cur.Cow. Trust. cul. Rep. Cunningham’s Reports. Phil. guilty. & Mees.. Craig & Phil. vult. Crompton & Meeson’s Exchequer Reports. Con. Cross’ Treatise on the Law of Liens and Stoppage in Transitu. R. Crabb. A History of English Law. Bankr.& C. Debit sans breve. also cited as 1 Cro. as above mentioned. Cru. R. Cro. D. Croke’s Reports. Mees. Cowper’s Reports. used either in the common or statute laws of Great Britain. Doctor of the Civil Law. Dow and Clark’s Reports. Cowp. Cro. Cranch. R. R. S. C. Curs. S. D. Cresswell’s Reports of Cases decided in the Court for the RElief of Insolvent Debtors. and Stud. Am. Dict. of the Laws of Massachusetts and Maine. Crompt. Cunningham’s Dictionary. Cush. Crompton’s Jurisdiction of Courts. Crabb on the Law of REal Property. Cul. Car. dictum. and prit. Curtis on American Seamen. Curtis on Copyrights. The Digest or Pandects of the Civil Law. is sometimes cited thus. D. during the time of Charles I. R. Crompton. Vide Ampliation. Ex. Craig & Phillip’s Reports. Crompton’s Exchequer Reports. D. Sea. Custome de Normandie. Cursus Cancellariae. D. D. District Court. also cited as 2 Cro. Cun. Meeson. de Norm. 2..1. Dr. Cro. Croke’s Reports. the Court of the Star Chamber. or Foreign Attachment. adv.

Rep. Oeuvres. Dev. Daw. Cr. Den. Dall. Feud. D. Doctor and Student. Denison’s Crown Cases. D. Devereux’s Reports. Dana’s R. L. Daniell’s Reports.& S. Dalt. administra− tive. Danson & Lloyd’s Mercantile Cases. Dalloz. D. abbreviated as T. Rep. This book is also cited as Term Reports.R. Dowling and Ryland’s Reports. Dalr. Debates on the Judiciary. Dal. Deacon’s Reports. Dan.& R. P. Deb. Cas. Dall. Dav. Dec. Dav. Cr. or Dy. Durnford & East’s Reports. Dalton’s Sheriff. on Arr.& W. D. Di. Dalr. Dallas’ Laws of Pennsylvania. Dicken’s Reports. Dawe’s Introduction to the Knowledge of the Law on Real Estates. Dict. Dalrymple on the Polity of Entails. Dane’s Abridgment of American Law. Drury & Walsh’s Reports. Dalr. Ch. Ord. Decisions in Admiralty duringthe time of Hay & Marriott. De Gex & Smale’s Reports. Dat. Dane’s Ab. Dawe’s Epitome of the Law of Landed Property. Sometimes cited Dalr. Dowling and Ryland’s Reports of Cases decided at Nisis Prius. Dalton’s Justice. R.D. Dalrymple’s Feudal law. de Doctrine. jeune. Dawe’s Commentaries on the Law of Arrest in Civil Cases. Dalison’s Reports. criminelle. Danish Ordinances. Par Armand Dalloz. D. Dict. Pr. D’Anv. Dyer’s Reports. D. Dictionary. Deac. Deft. Dagge’s Criminal Law.& Ll. Dev.& M. Real Pr. Caniell’s Chancery Practice. Dalt. Dawson’s Origo Legum. N. Dickinson’s Practice of the Quarter of and other Sessions. Pr. et de Droit Public. Defendant.& L. Davies’ Collection of Cases respecting patents. Devereux & Battle’s Reports.& M. Dialogus de Scaccario. R. Ch. Dan.L. F. Danson & Lloyd’s Reports. Dick. Den.& Chit. Desaus. Or. Oeuvres completes du Chancellier D’Aguesseau. Dallas’ Reports. See Benl. Dial. Leg. F. et de Jurisprudence.& Bat. on Ent. Dick. L.& R. Dickinson’s Justice. Devereux’s Chancery Reports. Davidson’s & Merivale’s Reports. R. commerciale. Dan. R. Dick.& E. Dictionaire General et raisonne de legilation. Daw. Deac. Pr. Denio’s New York Reports. C. D. or History of Feudal Property in Great Britain. Dalrymple’s Essay. . Just. Davies’ Reports. temp. Daws. Just. Dana’s Reports. R. on Jud. de Scac. Deacon & Chitty’s Reports. Land. Desaussure’s Chancery Reports.Aguesseau. Sh. De Gex & SM. on Pat. en matiere civile. Pr. D. Dan. Dev. D’Anvers’ Abridgement.& C. Deacon & Chitty’s Reports. Daw. H.

Eng. c.C. Edward. Drew. East’s Pleas of the Crown. P. Doct. Dugdale’s Summons. Uses. Dow and Clarke’s Reports of Cases in the House of Lords. Duvergier. Dom. S. Douglas’ Reports. The Pandects or Digest of the Civil Law. Dudl.. Dow. Lois Civilles dans leur ordre naturel.C. Domo Procerum. Dowl.& E. of Cov.& Ry. Dow’s Parliamentary Cases. Domat. Par M. exempli gratia. Domat. Disn. E. Dugdale’s Summonses Duke. Dow.& St. Dictionnaire de Driot Canonique. or T.) R. Dugd. Doug. cited as Dig. Dow. Teh first volume of Duvergier is the sixteenth volume of the continuation.g. (q.R. book 1. P. In the House of Lords. on Gam. Dr.g. Law. Dom.& Ry. Drewry on Injunctions. on Jur. 1. etc. .& Wal. Dict. (Mich. Easter Term.) E. Doct.& War. Dwarris on Statutes. Dougls’ Election Cases. East’s Pleas of the Crown.. Doctor and Student.& East. on Stat. E. Dougls’ Michigan Reports. E. Dug. Dr. Civ. Droit Francais.2. El. The work is sometimes cited 16 Toull. R. R. for Digest. sections 6. East. Dig. Com. Durnf.C. E. Dig. or Dugd. law 5. Eccl. P. or East. Law. Law REp.& R. Duponc.C. Earl of Coventry’s Case. Dodson’s Reports. sometimes cited Eng. Doctrina Placitandi. Dudley’s Law and Equity Reports. & Stud. Const. Can. E. Dowling and Ryland’s Reports. Domat. Dubitatur. Eccl. Dunl. Pl. Dugdale’s Origines. 9. Dow & Clarke. Duponceau on the Constitution. Duponc. Dougl. Doctor and Student. Sum.R. P. C. Fr. Doder. Dunl. Dr. or 16 Toullier. This is a continuation of Touiller’s Droit Civil Francais. Dods. Ecclesiastical. or Dow. English Common Law Reports. M. Lois Civilles.P. Dur. Dictionnaire de Jurisprudence. Ecclesiastical Law.5. Duv. Pr.Dict. Dowling’s Practical Cases. Sum. N. as 9 E. Drury & Warren’s Reports. Dunlap’s Practice. Durnford & East’s Reports.L. Dr. de’ Jur. Disney’s Law of Gaming. or 1 Duvergier. Drury and Walsh’s Reports. Pr. Dug. 2. 3. for the sake of an instance or example. Dwar.C. Proc. Dowling & Ryan’s Cases for Magistrates.v. Dougl. Orig. P. Dru. instead of being cited 1 Duv. Digest of writs. on Inj. Doderidge’s English Lawyer. Duponceau on Jurisdictions. Cas. usually written e. Duranton. Droit Civil Francais. Dy. also cited D.C. Dyer’s Reports. or Duke’s Ch. Dunlap’s Admiralty Practice. FR. Admr.6. Duke’s Law of Charitable Uses. Dub. Dow. Dru. Dowling and Ryan’s Nisi Prius Cases.

Ed. Inj. Encycl. Edward’s Leading Decisions. on Pen. Exchequer Reports. Edition. Faculty Collection. English. Edw. Plead. Extravagants. Esquire. Ed. Ab. Ellis on D. Ecc. Edmund’s Exchequer Practice. Edm. Finalis. F. Exec. on Ev. English Chancery Reports. Engl. Fitzherbert’s Natura Brevium. Falconer & Fitzherbert’s Reports. Esp. Edward’s Admiralty Reports. Elsynge on Parliaments. Tr. Ch. Exton’s Maritime Dicaeologie. Execx. 15.) Eng. Ersk. B. Equity Cases Abridged. Edward. F. or Encyclopedie. Exton’s Mar. R. or Edit. Espinasse’s Nisi Prius. the last or latter part. Pen. Elsyn on Parl. Stat. Fac. Fairfield’s Reports. Eccl. c. Eod. 9. as. Eunom. Evan’s Collection of Statutes. Rep. Eng. R. Prin. Et. Espinasse on Evidence. 13 Eliz. Executrix. REp. Eq. (See App. on Part. R. Elizabeth. N. Rep. N. Ersk. on Rec. Draft. 3 Ed. Inst. al. Edw. Esp. Rep. Eunomus. R. Lead. Reps. Rep.& F. under the same title. Execution. Encycloaedia. Elmes on Ecclesiastical and Civil Dilapidations. A. In the same title. Exch. Eodem. Edward’s on Parties to Bills in Chancery. Exch. Eq. Espinasse’s Nisi Prius Reports. Vide Cond. Ad. Ev. Vide Eng. the name of a set of Scotch Reports. Eliz. Ev. Ed. and others. Extrav. English Ecclisiastical Reports. Erskin’e Institute of the Law of Scotland. Eng. Equity Draftsman. of Laws of Scotl. Vide Cond. 1. Fairf. Coll. Rep. Eng. as. English’s Arkansas Reports. Evans’ Trial. Esp. Edw. Eden on Injunction.& S. Edw. Eden’s Equity Reports. Espinasse on Penal Evidence.Eccl. Eng. Fitzherbert’s Abridgment. Law Rep. . English Common Law Reports. Eq. Ev. Exch. R. Ecclesiastical Reports. or Exor. F. R. Com. c. on Pl. and Cr. Et alii. Prin. Executor. Ellis on the Law relating to Debtor and Creditor. Exp. F. Esq. Ca. Ch. Ex. tit. Ed. Edwards on Receivers in Chancery. Elm on Dil. Fox & Smith’s Reports. Pr. Expired. F. Dec. Forum Romanum.P. Evans on Pleading. Erskine’s Principles of the Laws of Scotland. N. P. Ed. English Pleader. Esp. Col. Eden’s Principles of Penal Law. F. Eod. Law. Ev. Divaeo.

Fraser’s Election Cases. Far. . Jur. Forr. Elect. Forr. A Commentary on the English Law. Farr’s Med. French Ordinance.Falc. Farr’s Elements of Medical Jurisprudence. ]Fitz. De Laudibus Legum Angliae. C. Inst. Fitzherbert’s Natura Brevium. Fortescue. Freem. Ferfusson on Marriage and Divorce. Fortescue’s Reports. Fell on Mercantile Guaranties. Wm. Fr. Temp. Fonb. fa. Fitzgibbon’s Cases. Fr. or Fra. Fors. Fonblanque on Medical Jurisprudence. while a prisoner in the Fleet. Med. Hist. (Mis. Fitzherbert’s Abridgment Fitzh. Frederician Code. Forsyth on the Law relating to Composition with Creditors. Fox & Smith’s Reports. Francis’ Maxims. Guar. Fell. Fitzh. Brown’s Formulae Placitandi. George. or a Discourse thereof. Jur. Fergusson’s Reports of the Consistorial Court of Scotland.) is sometimes so cited. Fonb. Finch’s Law. & J.& D. Folio. in the time of Edward I. Co. on Trusts. Glyn & Jameson’s Reports. R. Ord. Ferr. Fost. and Anne. Freeman’s Cases in Chancery. commonly cited Cas.. c. Ferg. on Bills. temp. Fletcher on the Estates of Trustees. Falconer & Fitzherbert’s Election Cases. Fortesc. Floyer’s Proctor’s Practice. REp. on M. Dielf. Bre. Floy. on Mer. Fol. Pla. written by an anonymous author. Forb. Talb. Civ.) R. or ff.& Sm. Freem. Ferriere’s History of the Civil Law. on Nouveau Dictionnaire des Termes de Droit et de Pratique. Fearne on Remainders. Fox. Freem. C. Fielding on Penal Laws. as. Finch’s Pr. Fred. (7 Mod. C. Fisher on Copyholds. Forrester’s Cases during the time of Lord Talbot. Fi. Fl. Pr. on Rem. L. Pandects of Justinian: a careless way of writing the Greek ã. on Pat. Forbes on Bills of Exchange. Law. Fol. Fragmentum. 13 G. Fortesc. or Fost. Sometimes cited Ord. Ferr. Fonblanque on Equity. Forbes’ Institutes of the Law of Scotland. Exch. Fras. & Fitzh. Fieri Facias. Mod. Fess. Fish. Rep. Field’s Com. on Comp. de la Mar. 29. or Fleta. For. Finlayson’s Leading Cases on Pleading. Farresly. Finch’s Precedents in Chancery. Finl.L. 1. Fra. Ff. Forb. Freeman’s Reports. Max. Proct. Field on the Common Law of England. Ferriere Moderne. R. Fletch. Fessenden on Patents. Freeman’s Reports of Cases decided by the Superior Court of Chancery of Mississippi. G. Finch. on Penl Laws. in five books. G. L. Nat. C. Fearn. Foster’s Crown Law. C. Capyh. Ferg. Cas. Foley’s Poor Laws. Forrest’s Exchequer Reports.

praet. Glanv. Gibson’s Codex Juris Civilis. Gods.& N. Gibbons on the Law of Dilapidations and Nuisances.) Grady on Fixt. (q. Gilmer’s Reports. 13 Geo. the Gloss. Rep. U. Glanville’s Treatise of the Laws and Customs of England. Graham on New Trials. Gib. Pr. on Dec. Gilb. Grant on New Trials.v. Ex. Glover on the Law of Municipal Corporations. Godb. Gilb. For. & T. B. Gl. Gilbert’s King’s Bench. Pr.T. Goldesh. Gould on the Principles of Pleading in Civil Actions. Grady on the law of Fixtures. Gill & Johnson’s Reports. Gilb. Godolphin’s Orphan’s Legacy. & J. Gill & John. R. Goldshorough’s Reports. Corp. Glossa. Gordon on the Law of Decedents in Pennsylvania. Gilb. Gilb. Ten. Gilbert’s Evidence. Gilm. Gilb. Grah. Gilb. Grand Coutumier de Normandie. Rem. Gilbert on Tenures. Gill’s Reports. on Pat. Golds. Geo. Tr. Exch. Gallison’s Reports. Gale & Davidson’s Reports. Gord. Ad. Rep. 29. Georgia Decisions. Gilbert on Devises. K. Gow on Partnership. Repo. Gilbert on Uses and Trusts. Gilpin’s Circuit Court Reports. G. G. Gilbert’s Reports. & Jam. on D. R. Grant on New. Glyn. Gilb. on Corp. c. Gilb. Ev. Grant’s Ch. Glov. Gall. Geo. N. Gale & Dav. Rom. as. Cout. Gilbert on Executions. Gilbert’s Lex Praetoria. Godolph. R. Can. Graham’s Practice. Gow on Part. George. Godolph. Godbolt’s Reports.G. Gilbert on REmainders. Glassford on Evidence. Gibs. Gill’s R. or Gall. on Rep. R. Glover on Municipal Corporations. Garde’s Practical Treatise onthe General Principles and Elementary Rules of the Law of Evidence. Gilb. Lex. Grand. Gale’s Statutes of Illinois. Gilbert on Rents. or Glov. George on the Offence of Libel. Dudl. Goldeshorought’s Reports. Gilbert’s Exchequer. Garde on Ev. Dec. Gale’s Stat. Gilbert’s Forum Romanum. Godolphin’s Repertorium Canonicum. on Dev. Grant’s Chancery Practice. on Rents. Jr. Dudley’s Reports. Gilb. Godolphin’s View of the Admiralty Jurisdiction. Glassff. Gould on Pl. Glyn & Jameson’s Reports of Cases in Bankruptcy. 1. Gratt. Godson’sTReatise ont he Law of Patents. Lib. Gilb. Geo. Ev. Mun. Godolph. Gilp. . Gill & Johnson’s Reports. Gilb. M. Grah. Grattan’s Virginia Reports. M. Gilbert on Replevin. Codex.

C. Haggard’s REports in the Consistory Court of London. Greenleaf’s Reports. Hammond’s Analysis of the Principles of Pleading. Hagg. Bl. Hale’s History ofthe Common Law. fa. Hab. Eq. P. 18 H. Hammond on Parties to Actions. Rep. R. C. Law. on Ev. Hale’s Jur. on F. Haggard’s Ecclesiastical Reports.& G.v. Halifax’s Analysis ofthe Civil Law. Grimk. Halkerton’s digest of the Law of Scotland relating ot Marriage. seis. Halstead’s Reports.A. II. Pl. C. Gwill. Gres. Green’s Bankrupt Laws. Hamm. Cas. REg.v. Hale’s History of the Common Law. Hilary Term. Hammond on Fire Insurance. Gude’s Pr. Harris & M’Henry’s Reports. H. Hagg. H. Greenleaf’s Overruled Cases. R. Hall’s R. 7. H. H. Haggard’s Admiralty Reports. Ham.L. Halif. Henry. Halst. Halk.& M’H. Hand on Fines and Recoveries. Hale’s Hist. H. Hale’s Pleas of the Crown. Civ. Greenl. N. Han. H.L.Green’s B. hoc titulo. of R. Ad. P. H. on Part. H. H. Hales’ Pleas of the Crown. h. commonly written in small letters h. Ecc. Griffith’s Law Register. Ov. L. Gwillim’s Tithe Cases.& B. usually put in small letters. C. dig. Greenwood on Courts. Grif. c. Pr. Hamm.& M. Greenl. Green’s R. R. R. H. Grisw. H. Hall’s Admiralty Practice. Hab. Green’s Reports. Ev. R. Henry Blackston’es Reports. Griswold’s Reports. P. Hall’s Adm. hoc verbo. Greenw on Courts.C. Greenleaf’s Treatise on the Law of Evidence. Hall’s Reports of Cases decided in the Superior Court of the city of New York. House of Representatives. Habere facias seisinam. Henning and munford’s Reports. L. Corp.& J. Hammond’s (Ohio) Reports. Hale. H. Hagg. Hand’s Chancery Practice. on Ex. Hand’s ch. 15. Grot. . Habeas Corpus.t. & M’Hen. fa. J. H. Hudson & Brooke’s Reports.t. Hale’s Summary of Pleas. Hale’s Sum. Harris & Gill’s Reports. as. Grotius de Jure Belli. Habere facias possessionem. Gude’s Practice on the Crown side of King’s Bench. Hamm. &c. Hansard’s Entries. pos. Hoc Anno H. Hale’s Jursidiction of the House of Lords. Harris & Johnson’s Reports. Greenl. Hand on Fines. R. Gresley’s Equity Evidence. or Harr. H. Hab. of L. Hamm. Pr. H. Grimke on the Duty of Executors and Administrators. Hammond’s Nisi Prius. House of Lords.

(Mich. Hargrave’s Exercitations. Hay. Hawk’s Reports. Hay on Est. Harg. Henning & Munford’s Reports. Ab. Harper’s Equity Reports. Hans. R. Hill’s Ch. Ch. Hays on R. Heath’s Maxim’s. Henry on Foreign Law. Herne’s Ch. Harrison’s Chancery Practice.hand’s Cr. with Notes. & M’H. Heineccii. Lo. Hasl. Heineccii. Elem. and in the Supreme Court of Louisiana. Harper’s Law Reports. P. Law. Hill. Harg.) R. Hetley’s Reports. hand on Pat. Hargrave’s State Trials. Elementa juris Naturae et gentium. Harris’ Entries. (Tenn. Herne’s law of Charitable Uses. het. Hawk’s R. hand’s Corwn Practice. harr. Harr. High on Bail.C. Hardin’s R. Sel. Harp. Coll. secundum ordinem Institutionum. Ent. Elementa juris Civilis. Cond. St. J. hand on Patents. Heyw. Dig. P. Exch. Elem. Harg. Harr. Bed. Hilliard’s Abridgment of the Law of Real Property.) R. R. Hare on the Discovery of Evidence by Bill and Answer in Equity. Uses. Parl. An Elementary View of the Common Law of uses. Harris & M’Henry’s Reports. Hare’s Reports. Hays on REal Property. Devises. Nat. Heyw. Heath’s Max. hard. R. Hargrave’s Juridical Arguments and collection. Eq. Heywood’s Tennessee Reports. Heyw. Harr. Hare & Wall. Haslam’s Medical Jurisprudence. & John. Henning’s Virginia Justice of the Peace. harr. L. R. hansard’s Parliamentary Debates. Juris. . with reference to the Creation and Conveyance of Estates. Harr. Hein. Herne’s Plead. on El. & Munf. Herne’s Pleader. Hargrave’s Law Tracts. Harr. Hare & Wallace’s Select Decisions of American Cases. Highmore on Bail. Highmore. Hawk. Heywood’s North Carolina Reports. Exer. Harringt. Hare R. civ. Hen on For. Jur. & Gill. hen. Hay.) R. Harrison’s condensed Report of Cases in Superior Court of the Territory of Orleans. harrington’s Reports of Cases in the Supreme Court of Michigan. *N. Highmore on Lunacy. Hen. and Trusts. High. Highmore on ortmain. Harr. Harris & Johnso’s Reports. Tr. R. on Lim. Hill’s Chancery Reports. Harrington’s Reports. by William Hayes. Hein. Law Tr. Hill’s Reports. Pr. Heywood on Elections. Dec. Harris & Gill’s Reports. on Mortm. Harg. Hayes’ Exchequer Reports. Hill’s R. Harrison’s Digest. Juris. on Lun. Med. P. Hawkins’ Pleas of the Crown. R. Hayes on Limitations. Hare on Disc. Hardress’ Reports.C. High. High. Harp. Hardin’s Reports.

Hobart’s Reports. the first letter of the word Jurisconsultus. Hullock on the Law of Costs. How. Hopkinson’s Admiralty Decisions. The Institutes of Justinian (q. Hughes on Insurance. Hub. Hugh. Humph. Howell’s State Trials. 3. Idem. c is the initial letter of the third syllable. Houard’s Anglo Saxon laws and Ancient Laws ofthe French. Hult. Hudson & Brooke’s Reports. Howe’s Practice in Civil Actions and Proceedings at Law in Massa− chusetts. Infra. Id. 4. R. Writs. This abbreviation is usually written with an I. Houard’s Ang. Hoffman’s master in Chancery. Ins. Hoffman’s Outlines of Legal Studies. Hugh. Hughes’ Abridgment. Hopk. Holt on Lib. Dec. Hume’s com. Hoffman’s Legal Studies. Hoffman’s Reports. Howard’s Practice Reports. Hume’s Commentaries on the Criminal Law of Scotland. & Bro. Hopk. Ch. R. in the body . Ib. Il Cons. Hodg. Sax. Hodges on the Law of Railways. on Conv. Hopkins’ Chancery Reports. Hughes’ Practical Directions for Taking Instructions for Draw− ing Wills. Hutton’s Reports. Outl. Humphrey’s Reports. Hull. Pr. See Consolato del Mare. Leg. Ch. R. Hodge’s Reports. Hough on Courts Martial. Hog. Hugh. A Practical Treatise on the Law relating to Trustees. R. Hoffm. Hob. Holt. Ictus. &c.v. I. Mas. on Wills.Hill on Trust. Hov. Tr. Hough C. Hovenden’s Supplement to Vesey Junior’s Reports.1. Hoffm. del Mar. on Wills. Houard’s dict. Adm. Hubback on Successions. St.) are sometimes cited. Hughes on Wills. R. I. Hughes’ Comments upon Original Writs. Hulton on Convictions. beneath or below. Huds. Ab. on Costs. Fr. andtus is the end of the word. Entr. Il Consolato del Mare. Holt on Sh. Hodges on Railw. Or. Hoffman’s Chancery Practice. R. How. Hugh. Hoffm. Hugh. R. Houard’s Dictionary of the Customs of normandy. Jurisconsultus. Hind’s Pr. R. Hogan’s State Trials. Laws. Hog. Hughes’ Entries. on Suc. though it would be more proper to write it with a J. Holt on Navigation. Hoffm. Hughes’ Reports. M. Holt on the Law of Libels. Ibidem. Pr. St. Holt on the Law of Shipping. I. Hovenden on Frauds. Tr. Supp. Hugh. Holt’s Reports. Hogan’s Reports. Howe’s Pr. Hugh. Hoffm. Hut. Hind’s Practice. Hov. Holt on Nav. St.

Coke on Courts. C. Pow. B. Impey’s Practice in the King’s Bench. L. Justices. is cited Co. K.. Injunction. and Canon Law. Ing. Coke’s Institutes are cited. Sometimes cited Ridg. Jac. Jac. Juris Consultus. J. & Walk. B. L. Civil. is cited 4 Inst. Jacob’s law Dictionary. Coke’s Pleas of the Crown. Jack. ei− ther Col Lit. P. Juncta Glossa. Imp. 1. Jacob’s Introduction to the Comm. M. Jacob’s Chancery Reports. Insurance. Introd. D. J. J. Institutiones Juris Anglicani. at the end of the title. Justice ofthe Queen’s Bench. or paragraph quoted. Q. James. in the beginning and before the first paragraph of a law. Jac. Ingersoll’s Roccus. Ir. J. When the Institutes of Justinian are cited. Inst. to signify In stutues. Ingersoll’s Digest of the laws of the United States. Jac. Jarm. J. C. and 4 Inst. 3 Inst.C. or Inst. Jacob’s law Grammar. 2. U.. Marsha’’s (Kentucky) Reports. Glo. J. Impey’s Office of Sheriff.. Jebb’s Ir. in the summary. Insumma. In f. Justice of the Upper Bench. Irish Term Reports. Jackson on Pleading. Ingraham on Insolvency. c. Jur. Co. In fine. J.v. P. Justice ofthe common Pleas. 1. Ing. Pr. or the Merchant’s Companion. with Notes by Jarman. 2. Jacobus. C. Ir. Instructor Clericalis. Justice of the Peace. is cited Co. the Gloss joined to the text quoted. J. K. lib. T. Powell on Devises. Marsh. Inst. Coke on Littleton. Angl.. Lit. beneath or below. and the others 2 Inst. Index. 4 Jac. Cler. J. Inf. Mer. B. law 1..J. Imp. Jarman on the Law of Wills. Pr. Irish Equity Reports. J. Cr. Inj. jac. Impey’s Practice in the common Pleas. Inst. . B. (q.) J. book 4. R. for Third Institute. Irish. Infra. as. tit. Justice of the King’s Bench. for Second Institute. Pl. the citation is made thus. institutes of Justinian. J. Sh. Introd. Inst. Ingr. Jacob & Walker’s Chancery Reports. Jebb’s Irish Criminal Cases. Dev. J. or Inst. for First Institute. on Wills. Justice. is cited 3 Inst. Jac. Roc. T. on Insolv. Cl. jacob’s Lex Mercatoria. Pl. law. Ind. Cas. In pr. R.of the work. P. Co. R. l. 1.. or 1 Inst. Eq. 4. on Courts. G. for Fourth Institute. Coke’s magna Charta. Inst. tit. In principio. In sum. In princ. the first. C. or 1 Inst. R.. Jac. In principio. P. Institutes. Dig. or 2 Inst. 4. Lex. Jarm. 1. Impey’s Modern Pleader. Imp. J. Ins. During the Commonwealth of the English Court ofthe King’s Bench was called the Upper Bench. Introduction. by Doctor Cowell. In the beginning . Imp. 2.

Joy on Chal. or the Law of Libels. on Cor. Kames’ Ess. Kel. John. Johns. HInd. by Cuthbert W. Jud. (2) Sir T. Judg. Stat. Repos. Joy on Challenge to Jurors. Sir Wm. (1) Sir W. R. B. L. to 21 K. Jur. Kames’ Principles of Equity. Joy on Ev. D. Jura Ecclesiastica.2. John. King’s Bench. Jeremy’s Law of Carriers. Eccl. Justinian’s Institutes. Johnson’s Ecclesiastical Law. Keen’s Reports. Judgments. Chr. Jeff. Jones’ Reports. Jeremy on the Equity Jurisdiction of the High Court of Chancery. Jones’ Intr. Keil or Keilw. Keb. Keble’s English Statutes. C. Judicial Repository. Civ.& O. K. R. oon Bailm Lones’ Law of Bailments. Just. Jones’ Introduction to Legal Science. Kames’ Hist. Jenkins’ Eight Centuries of Reports. Kel. Joy on the Evidence of Accomplices. & Car. T. T. or a Treatise of the Ecclesiastical Law and Courts. De Libellis Famosis. Settl. Jon. Cas. Jer. Norm L. Promissory Notes. Kell. Jr. Jon. Man. Kames’ HIstorical Law Tracts. Sir John Kelyng’s Reports.. Kelh. of Sp. Jones’ Institutes of Hindoo Laws. Keble’s Reports. Jus. Johnson. . Sometimes cited Molloy. Jones’ Reports. Kelly’s Reports. Acc. Joy on Legal Education. Keilways’ Reports. or Eight Hundred Cases solemnly adjudged in the Exchequer Chamber. Joy Leg. or W. John. interspersed with various cases of Law and Equity. Nav. Ed. The Law of Bills of Exchange. Jus Navale Thodiorum. Kel. on Lib. Knapp & Omber’s Election Cases. on Jur. Ken. Keat. Johnson’s Civil Law of Spain. Jeremy. K. Law. Eq. R. Johns. Jones and Carey’s Reports. Keb. Kelham’s Norman French Law Dictionary. Judicial Chronicle. Henry III. Johnson’s Reports. Jud. Ch. Mar. Thod. William Kelyng’s Reports. John. Johnson’s Cases. Jon. Jefferson’s Manual. Jer. Checks. 1. Thomas Jefferson’s Reports. Reports in the time of Chancellor King. Jones’ Reports. Inst. Inst. Jones. from K. R. on Bills. Jon. James I. Molloy’s Jure Maritimo. Johnson’s Chancery Reports. Jon. K. Jon. & c.Jeff. Kennedy on Juries. Jer. Thomas Jones’ REports. R. Jer. Keating on Family Settlements. two parts. Jon. or upon Writs of Error. Fam. Keen’s R. Jervis on Coroners. Kames on Eq. Jon. Jr. Eccl. L. Kames’ Essays. L. on Carr. Jenk.

LL. Le. Lambard’s Eirenarcha. Laws of William I. Kenyon’s Reports of the Court of King’s Bench. Pl. Tit. Kna. L. Laws of Wom. Com. L. Law. on Outl. Laws. Knapp’s Appeal Cases. Leigh & Dalzell on Conversion of Property. Kyd on Corp. Lee on the Evidence of Abstracts of Title to REal Property. Laws’ Ecclesiastical Law. Leg. on Dow. lawes’ Elementary Treatise on Pleading in Civil Actions.R. Leigh & Dal. Kitchen on Courts.Kent.S. chapter 42. Knapp & Omber’s Election Cases. The Laws of Thodes. Knapp’s R. Law Fr. Oler. des Ser.e. Kyd on the Law of Corporations. Lee Abst. & latin Dict. Lat. Knapp’s A. or Kitch. Eiren. Mag. Laws of the United States. Kyd on the Law of Awards. Lee’s Treatise of Captures in War. by J. Lane’s REports. Lecons Elementaire du Driot Civil Romain. L. Laus. on Chart. 1. in Ass. Marvin. Law Rep. 42. Rhod. Bibl. Law Reporter. Law. signifies the Digest. Leigh’s N. L. ult. on Conv. ff de Furtis. Lamb. Lambard’s Archaionomia. and the words de Furtis denote the title. c. laussat’s Essay on Equity Practice in Pennsylvania. Leg. Ley’s Reports. Leigh’s R. Lalaure. Lee’s Eccl. R. laalaure. Kent’s Commentaries on American Law. Pl. law 1. section or paragraph beginning with the word Furtum. Law Intel. Kyd on Bills. 33. Leb. . Legal Bibliography. L. Law.& W. Kyd on the Law relating to Bills of Exchange. Louisiana Reports. Keny. Lamb. Leg.& G. Leg. Wish. Legibus. Law Library. Lec. Leg. Lambert on Dower.. Lib. Archai. i. signifies also liber. book. Lawy. of U. Knapp’s Privy Council Reports. Lawas of Wishury.P. Kit. Lee’s Dictionary of Practice. Leach. Lloyd’s & Goold’s Reports. as L. La. Legge on Outlawry. Leach’s Cases in Crown Law. part. LL. as LL. Lawes’ Treatise on Pleading in Assumpsit. Lamb. Locus sigili.& Omb. Leigh’s Reports. Traite des Servitudes reelles. Law French and Latin Dictionary.G. L. Law Intelligencer. Lloyd & welshy’s Mercantile Cases. C. The Last Law. Lee’s Ecclesiastical Reports. Legal Observer. Law. Laws Eccl. Laws of Women. Lee’s Dict. The Laws of Oleron. in citation means law. Leg. Elm. Leigh’s Nisi Prius. Latch’s Reprts. Lee on Capt.S. Law. ff. lawyer’s magazine. Kyd on Aw. par M. Lawes on the Law of Charter Parties. 1. Obs. Gul. on Eq. Leg. Furtum.

Feud. An Abridgment of the Criminal Law of the United States. Lew. Lib. Log. Dig. Compendium of the Law of England. Llo. Liber Niger. Long. Llo. &c. Rittleton’s Reports. Lois des Batimens. Lloyd & Goold’s Reports. Comp.& Go. Lilly’s conveyancer. Lev. Lib. Year Book. Lill. Libb. Littell’s Select Cases. R. Lib. Am. Lloud & Goold during the time of Plunkett. Ex. cit. or Old Book of Entries. . on Perp. This work is sometimes cited Libingston’s Report on the Plan of a Penal Code. Ent. Old Book of Entries. Liber Feudorum. Lew. with the Legantine Constitutions of Otho and Othobond. part 10 Vide Year Book. Lex Mercatoria Americana. Lomax on Executors. Reg. Plunk. s. Quint.& Welsh. Rep. Lewin on the Law of Perpetuities. Ley’s Reports. Rub. Lex Mercatoria. Lex Mer. Lex maneriorum. Liverm. Sudg.Leo. Leonard’s Reports. Law. or Leon. Ten. Ley. Intr. Lindewooode’s Provinciale. section. during the time of Sugden. Lom. Lois des Batim. Lew. Lib. Litt. Liber Intrationum. Ass. Lew. Lewin on Trusts. Entr. Jud. Liddel’s Detail of the Duties of a Deputy Judge Advocate. Lloyd & Goold’s Reports. Liv. Livre. Litt. Lill. Litt. Manufac− tures. Lib. Litt. Littleton. C. C. Llo. Lill. Loc. Litt. Loco citato. Lill. Diss. Lomax’s Digest of the Law of Real Property in the United States. Liber. Lom. by Ellis Lewis. Lex Man. Lex Parl. book. Syst. Lloyd & Welshy’s Reports of Cases relating to Commerce. Livermore on the Law of Principal and Agent. t. on Ag. Ent.. Liberum Tenementum. Lex Parliamentaria. Lilly’s Reports. Littleton’s Tenures. Liv. Register Books. determined in the Courts of Common Law. Lofft. t. Reg. Lib. Levinz’ Reports. Cas. Nig. Lofft’s Reports. by James Logan. Lex Mer. Livermore’s dissertations on the Contrariety of Laws. Liv. Levinz’s Entries. Ten. Lilly’s Entries. Lev. the place cited. Lib. Lib. Cr. Conv. Lid. Lind. Livingston’s System of Penal Law for the State of Louisiana. Sel. Pl. Lilly’s Register. Lewin’s Crown Cases. Littell’s Reports.& Go.& Go. or Provincial Constitutions of England. on Tr. and Ancient Rome. Liber Placitandi. Adv. Scotland. Liber Assisarum. Llo. book. Lib. LIber Ruber.

Moody & Malkin’s Nisi Prius Reports. P. Maxim. on Inf. Macnamara on Nullities nad Irregularities in the Practice of the Law. Ann.& G. by D. Luder’s Election Cases. G. M’Naght. M’Cl & Yo. Maddock’s & Geldart’s Reports. McLean & Rob. Pl. Moore & Scott’s Reports. Montagu and bligh’s Cases in Bankruptcy.& S. M. Madd. M. Meeson & Welshy’s Reports. Maddock’s chancery REports. Lutwyche’s entries. Maddock’s Chancery Practice. M. Cas. R. M’Naghton on Courts Martial. R. Louis. or Mo. Montagu & Chittys’ Reports. Luder’s elec. Lown. R. M’Clelland & Younge’s Exchequer Reports.& C. Mylne & Craig’s Reports. M. & Yerg.Louis Code.& W. M. Madox’s History ofthe Exchequer. Phil. R. Lutw. Lut. Ev. R. Martin’s Reports of the Supreme Court of the State of Louisiana. Michaelmas Term. M’Cord’s Chancery Reports. c. M.& S.& R. M. M’Clelland’s Exchequer Reports.& S.3. Macn. M. M’Cord’s R. M. Manning & Granger’s Reports. Macq. Luml on Settl. Ent. McLean & Robinson’s Reports. M. on H. as 4 Mary st.& C. Macnally’s Rules of Evidence on Pleas oft he Crown. Madox’s Formulare Anglicanum. M’Lean’s Reports.& Malk. M. Lumley on Annuities.& G. M. Form. Mad. D. M. Exch.& K. . M’Cord’s Ch. Macph. Lumley’s Parliamentary Practice. Macqueen on Hushand and Wife. Granger & Scott’s Reports.. Master ofthe Rolls. Luml Parl. Manning & Ryland’s Reports. macnal. Lovel. M. Eq. An Analysis of the Principles of Equity Pleading. C.R. M’Kinnon’s Philosophy of Evidence. Madd. Pr.& A.& W. Lube. Daecon & Gex’s Reports of Cases in Bankruptcy.& M. or Madd. M’Arth.& B. Ev. M. Montagu. Ch. M. Mylne & Keen’s chancery Reports. or Mart. C. E. Lowndes on the Law of Legacies. Jary. Exhc. Pr. Martin & Yerger’s Reports.& P. Maule & Selwyn’s Reports.& G. M. M’Clel. on Wills.1. on Null. M. M. M’Arthur on Courts Martial. Lutwyches’ Reports. M. Manning. Macpherson on Infants. M. Luml. M. M’Cord’s Reports M’Kin. Civil Code of Louisiana.G. Lovelass on Wills. M. Maddock & Geldart’s Reports.& Geld. Modern Practice Exchequer. Leg. Montagu & Ayrton’s Reports of Cases of Bankruptcy. Madd. Mad.& Y. Lumley on Settlements and Removal. Louisiana Reports. Lube. M’Lean R. M. or Maxims. Moore & Payne’s Reports. Rep. Madd.

Manning & Granger’s Reports. Martin’s North Carolina Reports. Maule & Selw. Exch. man. R. Mass. Mart. Maxw. Mann. Mart. Marshall’s (Kty. on Costs. mar. Merlin. Marsh. Dec. maugh. J. on Prt. Marsh. new series. Sason R. Meigs’ Tennessee Reports. Mal. Comm. Manning. Martin’s Louisiana Reports.) R. Medical Jurisprudence. Leg. Metc. Manning’s Commentaries of the Law of Nations. Manning’s Exchequer Practice. on Mar. Pr. Mart. (N. Merl. J. Marshall on the Law of Insurance. Marvin’s Legal Bibliography. Merlin. Man. Writs. Man. Law of Att. Maxw. on Fines. Quest. Man. Merl. Maughan on Literary Property. The first part of the Y. Decis. Adm. Mart. Mees. mar. Med. See Year Books in the body of the work. Repertoire. R.& Yerg. Granger & Scott’s Reports. Manuscript. Marg. on Dem. Matthews on Executors. Manb. Jr. Man. Questions de Driot. Pr. Manning & Ryland’s Reports. . Brockenbrought’s Reports of Chief JUstice marshall’s Decisions.C. Martin’s Louisiana Reports. mason’s circuit Court Reports. marriott’s Formulare Instrumentorum. Manw. on Ex. Matthews on Portion. Marshall’s Reports in the Court of Common Pleas. Repert. R. Form. R. R. law Nat. Marsh. Marr. March’s New Cases. Marv. Dict. N. Merrifield’s Law of Attorneys. Max. march’s Reports. Mart. Mathew on the Doctrine of Presumption and Presumptive Evidence. Maxims. mans. Merchant’s Dictionary. S. Manwood’s Forest Laws. Matth. Bibl. N. Marshall’s Reports. A.& Ry. D. Mar. Meeson & Welshy’s Reports. is sometimes so cited. L. Massachusetts Reports. B. J. and Standing orders used in the Court of Admiralty of Great Britain. Matth. Merrif. & c. Maxwell’s Dictionary of the Law of Bills of Exchange. Maule & Selwyn’s Reports. J. Malyne’s Lex Mercatoria. Gr.) R. on Pres. (Lo.& Sc. Mansel of the Law of Limitations. Meigs. Manby on Fines.& Gra. Ins. Marsh. Mans. Mer. Martin’s Law of Nations. on Lim. Math. Laxwell’s Spirit of the Marine Laws. of Prize and Instance. Lit. margin.Mag. Merrifield’s Law of costs. Magens on Insurance. Marriott’s Admiralty Decisions. Merch. Marsh. Mritime. Mayn. Mansel on Demurrers. Ins. Marr. Maynard’s Reports.C. Inst. Merrif.) Reports. L. & Wels. Merivale’s Reports. Martin & Yerger’s Reports. or a Formulary of Authentic Instruments. Metcalf’s Reports.

Mo. & Gex. Mont. Montagu on the Bankrupt Laws. Mont. B. Minor’s Alabama Reports. Moore. C. Montagu’s Bankrupt Cases. R. Cas. Moody’s Nisi Prius and Crown Cases. Mort. on Eq. Moore’s A. Entr. St. & Malk. Mont. Montagu & Bligh’s Cases in Bankruptcy. Mont. Ins. Mont. C. R. Henry VIII. Sir Francis Moore’s Reports in the reign of K. Digest of the Decisions of the Courts of Common Law and Admiralty in the United States. Deac. Mont. Law. Moody & Malkin’s Reports. Q. Mich. Dig. Montesq. R. Moore & Scott. Mitford’s Pleadings in Equity. Misso. The 8 & 9 Modern Reports are sometimes so cited. Molloy. Mos. sometimes cited Ala. and the 9th as the 2d. Modus Intrandi. Mol. Moody & Malkin’s Reports. Mod. Montesquieu. Mirch. Montagu & Ayrton’s Reports. of Laws. Sometimes this work is cited Mill. Monroe’s Reports. By Theron Metcalf and Jonathan C. Mill. or Mod. Moll. L. Eq. . MO. Cas. Int. De jure Miartimo. Moore’s Reports of Cases decided in the Court of Common Pleas. & Mac. Montagu & Chitty’s Reports. Mirehead on Advowsons. Deacon & Gex’s Reports of Cases in Bankruptcy. Mont. L. Mill. Esprit des Lois. Mosely’s Reports. Montagu’s Equity Pleading. and K. Mod. Moody’s Crown Cases. Millar’s Elements of the Law relating to Insurances. Mich. Mort. C. Mont. Mo. on Vend. Michigan Revised Statutes. & Ayrt. Mo. J. & Rob. Miles’ Reports. Mill. Michaelmas. Mod. Missourti Reports. Civ. Mont. & Perk. Mirr. Rev. Modern Cases in Law and Equity. Moore’s Appeal Cases. on Set−off. Rep. B. Moore & Payne. James. Elizabeth.. Sp. Modern Cases. Monr. Mont. Montagu. Montagu on Set−off. Montagu & MacArthur’s Reports. Pl. C. P. & Bligh. onAdv. Moody & Robinson’s Reports.Metc.& Malk. Mod.& E. Molloy’s chancery Reports. Miller on Equitable Mortgages. C. Modern Reports. Moore & Scott’s Reports of Cases in C. Redesdale’s Pleadings. Mont. Montesquieu’s Spirit of Laws. the 8th cited as the 1st. Moo. El. Miles’ R. on Comp. Pl. Moo. P. and on Appeals to the Lord Chancellor. R. B. R. Pl. Mont. Perkins. Mitf. Miller’s civil Law. Mirroir des Justices. Minor’s Rep. Also cited Redead. Montagu’s digest of Pleadings in EQuity. argued and determined in the Court of Review. Moore & Payne’s Reports of Cases in C. Morton’s law of Vendors and Purchasers of Chattels Personal. Dig. Modern entries. Montagu on the Law of Composition. & Chit. Mod.

Munford’s Reports. L. Non est Inventus. Chipm. N. Nisi Prius. Nels. B. Neville & Perry’s Reports. North Carolina Cases. See Benl. nemine dissentiente. nem. Newfoundland Reports. Myl. Novellae: the Novels. R. Pr. Edw. Nulla bona. N. Nisi Pirus.v. New Reports. Newf. E. H. P. old French. N. N. new Reports. New Benl.& M. Lord Colchester’s MSS> Much. Non allocatur. Nev. Nelson’s Reports. Mun. Newnam on Conveyancing. N. and other days of fasting.& Cr. R. nev. Har. N. N. By William Benloe. N. A continuation of Bosanquet & Puller’s Reports. Nicholl. R. Neville & Manning’s Reports. C. Dis. R. Muchall’s Doctor and Student.) Nem. R. or New R. See B. Vide Ampliation. N. North Carolina Law Repository. N. Newn. New Hampshire Reports. N.& P. con.& S.. Nient Culpable.’ Phil. New Benloe. N. Nelson’s Lex Maneriorum. I. or 4 & 5 Bos. & Gar. Progress and Present State of the Laws relating to Sundays and other Holidays. Hare & Garrow’s Reports. N. Nicholl.MSS> Manuscripts. . Nar. Murphy’s Reports. Non liquet. Chipman’s Reports. Murph. Pri. Nels. N. Neville & Perry’s Reports. New Rep. N. This volume is sometimes cited 2 Tayl. Number. an Essay on the Rise. Adult.& P. N. Nott & M’Cord’s Reports. Cas. & Pull.& F. C. Rep. Y. and Elizabeth.. N. Benloe’s Reports. N. Nich. the new series. N. Munf. (q. Reports. D. VI. Conv. Neal’s Feasts and Fasts. Rep. Neville & Manning’s Repors. Municipal. Newl. Nich. and other Cases in the times of Charles. & G. Nels. C. Term R. Ni. S. Nient Cul. Reports in the Reign of Henry VIII. or Nov. are usually cited N. & Keen. Nemine contradicente. A. S. Nicholas on Adulterine Bastardy. H. Hare & Garrow’s Reports. Bast. Ch. & Mann. Law Rep.& M’C. as. My. North Carolina Term Reports. and Mary. Conv. Neal’s F. L. Benl. R. R. N. Mylne & Craig’s Reports. N. Nelson’s editon of Lutwyche’s Reports. Newland’s Chancery Practice. Lex Maner. New Series of the Reports of the Supreme Court of Louisiana. Contr. New York Revised Statutes. not guilty. Nares on Convictions. Nelson’s Abridgment. newl. Ab. N. Newland’s Treatise on Contracts. Mylne & Keen’s Chancery Reports. & Per.

Observ. Ch. Ord. Nolan’s Reports of Cases relative to the Duty and Office of Justice of the Peace. Onsl. Oblig. Swed. P. Non culpabilis. Benl. Cor. Prus. Nott. Ord. Ordinance of Genoa. Overt. O. Overton’s Reports. 1808. Ord. Ord. not guilty. owen’s Reports. Oldnall’s Welsh Practice. Owen on Bankruptcy. on Us. Onslow’s Nisi Prius. are. Noy’s Max. Ex. Orfil. and "Old Natura Brevium. Ordinance of Copenhagen. Owen. Old Natura Brevium. in the abbreviations. Ord. Orlando Bridgman’s Reports. Med. Ordinance of Hamburgh. N. North. Noy’s Reports. de Louis XIV. the Novels. Ordonnance de la marine. Vide Vet. B. Ord. Flor. Ord. Gen. Old Benloe. REc. Lord Clarendon’s Orders. Ohio Reports. Ni. Nol. Wentworth’s Office of Executors. L.& M’cord. Oldn. Leg. Nov. marked upon each head of a Sheriff’s account for issues. O. R. Ord. Pp. Orders of Court." in the body of the work. Cla. Observations. Off. Off. Copenh. Ordinance of Antwerp. Ord. Antw. C. Officina Brevium. Northington’s Reports. Ordinances of Prussia. B. Hamb. Ord. N. Oought. Oughton’s Ordo Judiciorum. Pages. Prot. Anst. Orfila’s Medical Jurisprudence. Obligations. N. Ord. P. which are an abbreviation for overatur nisis habent sufficientem exonerationem. O. Ord. 116. Novisimi Recopilacion de las Leyes de Espana. . Nolan’s Poor Laws. Konigs. Ow. Ord. Ordinance of Amsterdam. de la Mar. Orig. R. Bankr. Ordinance of Konigsherg. Ordinances of Rotterdam. Ohio R. Off. Ordinances of Portugal. Non Cul. 4 Inst. Ordinances on the Law of Usury. according tot he practice of the English Exchequer. Noy’s R. Ordinance of Bilboa. Ord. O. Original. Ord. Office.Nol. O. Ord. Bilb. Ordinances of Florence.. Nou’s Maxims. Novellae. Ord. Ord. Bridg. These letters. Br. Old Code: so is denominated the Civil Code of Louisiana. Ordinances of Leghorn. P. Nott & M’Cord’s reports. Nov. Ordinances of Sweden. Jur. Rott. Page or part. Orders in Chancery. amercia− ments and mean profits.

or 2 Pardes. Penn. St. Pennsylvania State Reports. Peake on the Law of Evidence.& Dav. Pennsylvania Practice. 286.& D. Ev. Pardessus. Perk. Pal. by John Read. P. Park. Hist. Palmer’s Reports. J. Paris & Fonblanque on Medical Jurisprudence. R. B. 4. Perkins on conveyancing. Perk.N>P.& M. Pr. E. Penr. Pa. Prof. & Hal. on Ship. Perry & Davison’s Reports. P. R. Pleas of the Crown. s.P. Penruddocke’s Analysis ofthe Criminal Law. Penn. The last but one.& K.& M. Peck’s Tr. n. Easter term. Paley on Convictions. in the Exchequer. Pal. Peake’s Nisi Prius. Cours de Driot Commercial. R. 1 & 2 P. Dr. Pay.C. Pennsylvania Reports. Wms. Propria persona. Paul’s Parish Officer. Cas. Pardess. Pachalis. Penna. Penn. R. Lords. Park on Dow. Peck’s Trial.& Knapp. Par. . Troubat & Haly’s Practice. P. Patch. Parker on Shipping nad Insurance. 5. Paine’s Reports. R. Sir Thomas Parker’s Reports of Cases concerning the Revenue. Penn. R. Add. in his own person. Vide Dig. R. but more properly. Ins. Mun. c. 4. R. PHilip and mary. cap. Pal. Pand. Peck’s Reports. 21. or P. Pennington’s Reports. Parl. Perry & Davison’s Reports. Park on Dower. Pennsylv. P. tit. In this work Pardessus is cited in several ways. P. Pr. Paige’s Chancery Reports. Peere Williams’ Reports. and in the K. Pr. Penna. Parliamentary History. Palm. Peckw. C. Peck. Paley on the Law of Principal and Agent. Patch’s Treatise on the Law of Mortgages. Rights. R. Practical REgister in the Common Pleas. Penult. 29 Eliz. P. Peak. P. which is the same reference. Par. Park on Insurance. Paige’s R. Anal. 2. Esq. on Mortg. Pennsylvania Reports. Peake’s Additional Cases. Palmer’s Practice in the House of Lords. The Pennsylvania Reports are sometimes cited Penn. c. also cited Tro.. P. Park. B. M. Pandects. law Jo. Perry & Knapp’s Election Cases. Pennsylvania Law JOurnal. namely: Pardes. AG. P. 1. Paine’s R. P. Pennsylvania Reports.& Fonb. C. N. as. Per. Paul’s Par. Conv. Payne’s Municipal Rights. Paragraph. Peake. Perry & Knapp’s Election Cases. Pennsylvania Blackstone. Bl. Off. Per. 286. P. Peake’s Cases determined at Nisi Prius. R. Com Part 3.. Peak. par. C. Penna. n. Perkins’ Profitable Book. as. for the sake of distinction. Park. Peckwell’s Election Cases.

Civ. Pet. which signifies Pothier’s Treatise on the Law of Obligations. are cited Poth. Pigot on Recoveries. Petting. considered in relation to the state. R. and the universities. & c. Poth. Ev. Pig. 100. &c. Ex. Pitm. Peters’ Circuit Court Reports. Phillim. Poynter on the Law of Marriage and Divorce. Pr. Prin. Rep. Rep. Powers. on Bail. on Jur. Pott’s Law Dictionary." The work is well written in the English language. Poph. "The French Law and Practice of Patents for Inventions. Mortg. Peters’ Supreme Court Reports. Peters’ Admiralty Decisions. Pothier Traite de Vente. with the book. Dev. Com. in the beginning. Practical Register in Chancery. R. Tr. C. Ob. Powell on Devises. Phill.B. Phill. Pet. Powell on Contracts. Phillimore on the Study of the Civil and Canon Law. Pickering’s Reports. Ab. Pettingal on Juries. The cases at the end of Pophams’ Reports are cited 2 Poph. Adm. Poth. and Importations. Powell on Mortgages. Phillips’ Evidence. and has written another work on the same subject in French.M. Member of the Society for the Encouragement of ARts. Pow. Pow. Pott’s L. Prices’ Exchequer Reports. Phil. Plff.Perpip. PHillips on Insurance. on Dom. Phil. on Bail. Phillimore’ Ecclesiastical Reports. By Albert Pike. St. and Sur. on M. Petersdorff’s Abridgment. Poyn. A. Plaintiff. Powell on Powers. Pothier du Mariage. the figures generally refer to the number. Private Statute. Vente. Phil.. Petersdorff on the Law of Bail. Pow. Reports of Cases argued and determined in the Supreme Court of Law and Equity of the State of Arkansas. His Pandects. Contr. or Phillim E. In pr. Pothier. Pollexfen’s Reports. Pl. Pet. law. Pick. in 24 vols. The full title of this work is. on Pat.L. Platt on Leases. R. or Plow. Principio. the church. The author is a French lawyer. or Reports. Pet. by A. C. Porter’s Reports. Pr. The numerous works of Pothier are cited by abbreviating his name Poth. and Can. Pr. Plowden’s Commentaries. Pow. These Reports are cited Ark. Pow. . Poth. Improvements. Reg. Platt on Law of Covenants. Dec. Barrister in the Royal Court of Paris. and in connexion with the college of advocates. & c. Powell. Pike’s Rep. du Mar. Perpigna on Patents. and then adding the name of the treatise. n. or Pl. Ins. Placitum or plea. Platt on Cov. or Petersd. Port. Popham’s Reports. Pl. or Price’s E. Pol. Pitman on Principal and Surety. Phillimore on the Law of Domicil. Pet. number 100. D. R. Platt on Lea. R. Pr. R. St. and D. Perpigna. Cha. title. Laws. In principio. Pand. as Poth. Phillips’ State Trials.

Prin. on Conv. Abs. 47. Const. Sir Thomas . Qui tam. Ld. Printed Decisions. Charlt. Prin. T. Q. Prel. Prest. Pref. which see. R. Richardson’s (S. Rep. R.) quod vide. more usually. C. Quoniam Attachiamenta. Attach. Ray’s Med. P. 2. 5 Henry V. Responsum. Rawle. Quest. Pri. Rastall’s Entries. Priv. Rawle’s R. in such a Question. Price’s Reports. Private Statute. Price’s General Practice. R. Preston on Legacies. Russell & Ryans’ Criwn Cases. by Adolphus & Ellis. on Leg. Q. 1. Rawle on the Constitution. Raym. See Dalr. Queen’s Bench Reports. Price’s Exchequer Reports. Q. Quere. Randall on the Law of Perpetuities.& M. or repealed. L. L.) The letters (q. Lond. Proct. M. Prest. c. P. Warr. M. for the plaintiff. Qu. the beginning of a title or law. Q. Prest. Quo Warranto. ruled. S. R. Q. Prest. in Ch. Pract. RC. on H. (q. R. Questions. R. Rast. Pro quer. Raym. Q. Charlton’s Reports. Puffendorff’s law of nature. Van Weyt. Prat.) Reports. Price’s Ex. R. Principium. Ram on Judgm. lrod Raymond’s Reports. Reading on Statute Law. New series. Rich. Preston’s Essay on Abstracts of Title. Tit. C. Province Laws. refer to the article mentioned immediately before them. Preston on Estates. R. Pro. Quinti Quinto. B. Practical Register in Chancery. Practical Register of the Common Pleas. on Est. Puff. Quon. Rand. Ryan & Moody’s Nisi Prius Cases. B. Queen’s Bench.& W. Quaestione.t. Customs or Privileges of London. Quaestione. Prater on the Law of Hushand and Wife. Price’s Gen Pr. Proctor’s Practice. Ram on the LAw relating to Legal Judgments Rand.Pr. R. Resolved. R.C. or.L. Ray’s Medical Jurisprudence on Insanityh. R. Q. Qu. C.v. Raym.& R. Pro querentum. Preston. Preface.& M. Preston’s Treatise on Conveyancing. Stat. in such a Question.& M. Pr. Rescriptum. 2 R. as. RS. Reg. Pract. F. Perp. Year−book. Ryan and Moody’s Crown Cases. Randolph’s Reports. Rep. Rawle’s Reports. Van Weytsen on Average. Jur. Dec. Reg. Richard. Russell and Milne’s Reports. Preliminaire.v. Prest. N.

Recorder. Dublin. City Hall Rec. and Chancery. Cas. 15. Rich. Richardson’s Equity Reports. E. Par Joseph Rey. Reg. R. Ridg. Reeves’ H. REvised Statutes. Riley’s chancery Cases. Rep. &c. Reports tempore Finch. Reeves on Ship. C. Robinson’s Admiralty Reports. Eq. Rec.Raymond’s Reports. Re. Rev. T. Reports tempore Holt. Regula. Recordari facias loquelam. St. Redd. Teh cases reported in Coke’s Reports.. Renouard. or REv.B. Vide Refalo in the body of the work. Mag. Reports of Cases decided during the time of Lord Talbot. par Gerard de Reyneval. de Perfectionement. State Reporter. Ret. R. T. Rob. Robert’s Digest of the English Statutes in force in Pennsylvania. Institutions du Droit des Gens. &c. Gen. Ridg. Redesd. Tr. St. Ridg. Regiam Magestatem. Ch. Reg. Pl. 12 Ric. from Scotland. and are cited 1 Res. Reg. Rep. Robertson’s Cases in Parliament. Ridgeway’s Reports of State Trials in Ireland. Reyn. Q. Reg. T. Rep. Jud. Rep. de l’Anglet. Reg. The Reports of Lord Coke are frequently cited 1 Rep. Irish. Stat. Brev. . Retorna Brevium. Richardson on Wills. Reeves on Des. des Brev. Hard. Reddie’s Historical View of hte Law of Maritime Commerce. Rep. Richardson’s Practice in the Common Pleas. as. Pr. Resolution. L. Redesdale’s Equity Pleading. Registrum Brevium. Pr. Register. P. Rec. Dig. Rich. Rep. Traite des Brevets d’Invention. Lapp & Schoales’ Term Reports in the K. Rice’s Rep. Ridgeway. Rep. This work is also and must usually cited Mitf.. T. T. Registrum Judiciale. Ridgeway’s Cases in Parliament. are divided into resolutions on the different points of the case. Adm. Reg. B. C. rule. Holt. Richard. REp. B.. lo. Reports during the time of Lord Hardwicke. or Register of Writs. c. Res. Repertoire. Richardson’s Practice in the King’s Bench. Com. K. P. Reports of Cases in Chancery argued and determined in the Court of Appeals and Court of Error of South Carolina. Ril. Reeves on Descents. as. A. Reeves’ History of the English Law. des Inst. Fa. 2. Rob. Ridg. Ridgeway’s Reports of Cases in K. Pl. Ric. Reeves on the Law of Shipping and Navigation. on Mar. Brev. Regulae Generales. par Augustin Charles Renouard. Rob. on Wills. d’Inv. et d’Importation.& S. Rep. Inst. Gilbert’s Reports in Equity. Rey. &c. Recopilation. Reg. Rich Eq. Talb. Reports of Cases during the time of Queen Anne. Regula Placitandi. By William Rice. L. Finch. Cas. and sometimes they are cited Co. Sometimes this is cited Ridg. 2 Rep. Pl. Des Institutions Judiciaries de l’Angleterre comparees avec celles de la France. Rep. Rich.

Rop. on Fact. Ryan & Moody’s Crown Cases. as it relates to capital punishment. section. R. Cr. Rutherford’s Institutes of Natural Law. S. Robinson’s (Virginia) Reports. or Rubr. Russell & Ryan’s Crown Cases. Select Cases in Chancery. B. Roberts on Frauds. Robinson’s Justice of the Peace. C. Ruffhead’s Statutes at Large. Eccl. on Revoc. on H. Roper on Legacies.& Mo. S. Rowe’s Scintilla Juris. Rosc.v.& W. Russell on Crimes and Misdemeanors.Rob. Roll. Russ. Law. Runnington’s Statutes at Large. Banker’s Checks. on Fr. Upper Bench. Runnington on Ejectments. Ross on the Law of Vendors and Purchasers. Ryan & Moody’s Nisi Prius Reports. V. Russell on the Laws relating to Factors and Brokers. _. Rosc. Roc. Roscoe’s Digest of the Law of Evidence on the Trial of Actions at Nisi Prius. Rob. Ry. Rob. Rolle’s Reports. Rom. Roscoe. Vide Ing. Rogers’ Ecclesiastical law. Robert’s Treatise on the Law of Wills and Codicils. Robinson’s Entries. C. Runn. on Fraud. . Rob. on Act. By R. Ry.) Ruffh. MEd. Rub. Russ. Stat. Smith & Batty’s Reports.& Ry. Rutherf. Rop. Rotulae Parliamentariae. Rubric. Pr. Jur. Rosc. Jur. Rog. Rush. Rose’s Reports of Cases in Bankruptcy. R. Leg. Roscoe’s Treatise on the Law relating to Bills of Exchange. Ry. Robinson’s Practice in Suits at Law. F. C. A Treatise on the Law of Property. &c. Rop. Rolle’s Abridgment. Rus. Rob. Roll. Donnison Roper. Russ. on Gavelk. Ej. C. Roscoe on Actions relating to Real Property. Same Case. Ry. Conv. Rosc.& Mo. Law. Russell’s Reports of Cases in Chancery. Roper on Revocations. Promissory Notes. Rec. Just. Inst. S. S. Rymer’s Foedera. Rot. Roccus on Insurance. Parl.& Myl. Robinson on Gavelkind. Romilly’s Observations on the Criminal Law of England. Rep. Rob. Ins. Rowe’s Sci. Rep. on Bills. Lo. S. Civ. Rushworth’s Collections. (q. Russ. Ryan on Medical Jurisprudence. Rosc. Rob. Roger’s City Hall Recorder. Rog. Cr. in Virginia. Robinson’s Louisiana Reports. Rob. S. Cr. Entr. Roscoe on Criminal Evidence. Rob. Rose’s R.& Myl. Ev. C. Roberts on Fraudulent Conveyances. Ross on V. Russell & Mylne’s Chancery Reports. on Wills. arising from the relation between Hushand and Wife.& B. Russell & Mylne’s Reports of Cases in Chancery.& P. Roc. Rus. Runn. Ev.

Section. Pr. Scaddia de Cambiis. Salk. & ev. Mag. Sci. Saund. R. Say. M. Scriv. according to rule. Scilicet. C. Sedgw. Schultes on Aquatic Rights. Samdl. Sandf.& Lef. Sav. Sausse & Scully’s Reports. that is to say. Self. Ca. South Carolina Reports. Savigny.& L. S. Pr. on Dam. and C. Saunders’ Treatise on the Law of Pleading and Evidence. Scire Facias. S. Sergeant & Rawle’s Reports. Vide S. Scam. Shaw & Maclean’s Reports.& M. Sellon’s Practice in K. S. according to law.S. Leg. Seat. Scan. (q. Scott’s Reports. Tr. Seld. Simon & Stuart’s Chancery Reports. scire licet. C.& S. deb. before the Hon. Sanf. Sayer’s Reports. Sch. Scandalum Magnatum.& R. Savigny. Ch. de Assoc. Assistant vice Chancellor of the First Circuit. N. Chan. Sav. Selden’s Mare Clausum. Hist. Secundum regulam. S. ad. Smedes & Marshall’s Reports of Cases decided by the Superior Court of Chancery of Mississippi. SC.& T. Scriven’s Copyholds. P. Sanders on Uses and Trusts. Sec. Select Cases in Chancery. C. Driot Romain au Moyen Age. Scire facias ad disprobandum debitum. Fa. Smedes & Marshall’s Reports of Cases in the High Court of Errors and Appeals of Mississippi. Dr. Schul. Rom. Sell. Secundum legem. Reports of Cases argued and determined in the Court of Chancery of the State of New York.& M. St. A. i.& Scul. Rom. Sco. Selfridge’s Trial. R. P. Sanford on Entails. Sausse & Scully’s Reports. B. Aq. S. Sedgwick on Damages. Sand. Costs. Same Point. Saund.& S. Schoales & Lefroy’s Reports. mar. dis. Law. Rep. Reg. Scott’s new Reports. Dr. Sav. Translated from the German of Carl Von Savigny. Driot Romain. Saunders’ Reports. S. on Ent. .v. Pap. Salkeld’s Reports. S.R. Scott’s R. Sel. Scac. Say. Ch. by E. Scheiff. Sant. Cathcart. S. Pl. Sandler’s State Papers. Copyh. Sci. de Cam. Rep. fa. Santerna. Cla. Err. & App. Rep. U. Schoales & Lefroy’s Reports.& M.e. Senatus consultum. Savigny’s History of the Roman Law during the Middle Ages. Scammon’s Reports of Cases argued and determined in the Supreme Court of Illinois. Scheiffer’s Practice.) Scil. Lewis H. Seaton’s Forms in Chancery. Rom. Sa. de Asecurationibus. Sav. Saville’s Reports. Sec. Sec. Sayer’s Law of Costs. F. Sandford.

the answer to an objection. Law Rep. These Reports are usually cited M. Sergeant & Lowher’s edition of the English Common Law Reports. Sol. Serg. more usually cited Eng. Shaw & Macl.. Selwyn’s Reports. by Montesquieu. Sher. . Shelf. Skirrow’s Complete Practical Under Sheriff. Med. together with Cases in the Court of Chancery. Shelford on Real Property. or Semb. Smith on the Law of Patents.& Stu. Smith’s Forensic Medicine. Spelm. Shith’s For. Jur. By Thomas Sergeant and William Rawle. Smith’s Ch.Selw. chiefly touching Settlements.& Loub. R. Spence on Eq. an explanation of terms. Smith’s R. Solutio. Spelman’s Glossary. Shelford on Lunacy. South Carolina Reports. R. Skinner’s Reports. Shower’s Reports in the Court of King’s Bench.. Ver. Skirr. South. Ch. Selwyn’s Nisi Prius.Sher. Sm. B. Ca. R. South. on Land L. Lun. To. Skene. Sess. Smith’s Hints for the Examination of Medical Witnesses. Shaw & Maclean’s Reports. Shelf. Southard’s Reports. Spirit of Laws. Smed & Marsh. Spenc. Spence on the Equitable Jurisdiction of Chancery. Lit. N. More usually cited Vermont Reports. Shelford on Railways. &c. Sim. P. Smith’s Chancery Practice. Smith & Batty’s Reports. R. Sen. Serg. of Laws. difficult words. Serg. on Railw. Sergeant on the Land Laws of Pennsylvania. it seems. Serg. Sim. R. Sergeant on constitutional Law. Sign.& Rawle.& S. Und. Reports of Cases adjudged in the Supreme Court of Pennsylvania. on Pat. Set. on Mort. B. Senate. Spel. Sp. Shelford on the Law of Mortmain. on R. Skene de VerborumSignificatione. Smith & Batty. Shep. Serg. Gl. Show. Maule & Selwyn’s Reports. Feuds. Show. Com. Semble. Sessions Cases in K. Spencer’s Reports. Smith on M. C. Car. Sheppard’s Touchstone. Slade’s Reports. RPr. P. Selw. Smith’s Hints. Shower’s Parliamentary Cases. C. R. Slade’s Rep. Law. Smith’s Reports in K. on Att. Smedes & Marshall’s Reports of Cases decided by the High Court of Errors and Appeals of Mississippi. Jur. Smith on Mercantile Law. Spelman on Feuds. Shepley’s Reports. Sid. Siderfin’s Reports. or S. Sem. Sheriff. Shelf. Pr. Sequentia. Seq. Shuback de Jure Littoris. Const.R.R. Sergeant on the Law of Attachment. on Dec. Shepl. Shelf. Skin. Seton on Decrees. R. Simon & Stuart’s Chancery Reports. of Ch. L. Simon’s Chancery Reports. Jun. Shub. In Con.

R. . Stark.) R. Story on Pleading. Stroud’s Dig. Story’s Reports. Story’s L. Stewart & Porter’s Reports. Ab. on Av. Statute of Westminster. Stevens & Beneke on Average. Law. Stallman on Election and Satisfaction. Story’s Commentaries on the Law of Bailments. U. Wes. Story’s edition of the Laws of the United States. Pow. Stark. Sty. Ess. Starkie on the Law of Evidence. Equity Cases argued and determined in the Court of Appeals of South Carolina. on Sl. Str. Starkie on Slander and Libel. Stallm. H. Steph. Stillingfleet’s Cases. Stant. Ss. Dom. Story on Pl. Stanton’s Reports. Stark. Stephen on Procurations. Statutes. By R. St. Stev. Story on Partn. Story on the Constitution of the United States. Reports of Caes in the Court of King’s bench in the Provincial Court of Appeals of Lower Canada. Stuart’s (L. and Appeals before the Lords of the Privy Council. Sugd. Strob. Statute. Stark. on Slav. Stearne on Real Actions. Stat. Starkie’s Ev. Rep. Stev. Strah. R. Steph. Armand. Speers. Stearn. Navibus Assecurationibus. Cr. Stair’s Institutions of the Law of Scotland. Sugd. Adm. Stat. Sugden on Vendors. usually put in small letters. on Av. P. Steph. Stair’s Inst. C. Lett. that is to say. Scilicet. The 4th and 5th volumes are a continuation of the same work by George Sharswood. de Mer. Style’s Reports. on R. Cas. Straham’s Translation of Domat’s Civil Law. ss. Hist. Staunf or Staunf.. & Sat. Stephens on Slavery. Strobhart’s Reports.& B. Armand’s Historical Essay on the Legislative Power of England. S. Stephen on Criminal Law. St. St. Cas. Strange’s Reports. Sugden’s Letters. Story on Const. Stewart’s Reports of Cases argued and determined in the Court of Vice Admiralty at Halifax. Story on Partnership. Stephen on Pleading. or Stat. R. Sugd. Pl.& Port’s. R. Comm. in 3 vols. St. Starkie’s Reports. Steph. Tr. R. Stew. A. Statham’s Abridgment. Proc. Steph. Straccha de Mercatura. Sugden on Powers. Stroud’s Digest of the Laws of Pennsylvania. Starkie’s Criminal Pleadings. Staunford’s Pleas of the Crown. Pl. Story’s Commentaries on Equity Jurisprudence. Stew. Sugd. Stewart’s Reports. Story on Eq.C. Stath. Story on Bail. Stair’s Inst. Story. Speers’ Reports. State Trials. Esq. Stephen’s New Commentaries on the Law of England. Cr. on Elec. By George O’Kill Stuart. Speers’ Rep. Stevens on Average. Stew.Speers’ Eq. Stracc. St. Vend. Esq.

the Summary of a law. Tayl. Plead. Raym. this abbreviation is interpreted Terra Regis Ed− wardi. Pro. Sw. L. Swinb. Taylor on Evidence. Swinburn on the Law of Wills andTestaments. P. Sull. E. R. T. P. 49. Taunto’s Reports. Sumner’s Circuit Court Reports. Tempore Regis Edwardi. Taml. Swift’s Digest of the Laws of Connecticut. Thacher’s Criminal Cases. Jo. Sullivan’s History of Land Titles in Massachusetts. verb. and the Constitution and Laws of England. Swanston’s Reports. Tayl. Swinburne on Wills. Y. Swift’s System of the Laws of Connecticut. This work is generally cited by refernce to the part. Jur.& R. Tech. R. Inst. Tyrwhitt & Granger’s Reports. Swift’s Sys. Swift’s Evidence. Swinburne on the Law of Descents..& T. U. Taml. Tamlyn on Evidence. Theloall’s Digest. Swinb. Title. Supers. Theo. on Mar.where in a quota− tion from Domesday Book. T. Thesaurus brevium. Swan on Eccl. Sweet’s Popular Treatise on Wills. Crabb’s Technological Dictionary. Theory of Presumptive Proof. book. See Tyrrel’s Hist. on Spo. on Land Tit. Swift’s Ev. Thach. T. of Pres. Jr. Turner & PHillips’ Reports. but in Cowell’s Dict. Swift’s Dig. Syst. Sir Thomas Jones’ Reports. principally with reference to the Practice of the Court of Chancery. Termes de la Ley. Summa. Cts.Sull. T.& G. E. introd. Tait on Ev. a. System of Pleading. Taml. Tayl. Th. Swan on the Jurisdiction of Eccleciastical Courts. and in the Master’s office. viii. T. R. it is said to be wrong.& P. and in the more ancient Law writers. Sir Thomas Taymond’s Reports. Ridgeway’s Reports are sometimes cited Irish Tr. R. Sullivan’s Lectures on the Feudal Law. or T. Charlton’s Reports. . Teste Rege. Tratade de Jurisprudentia Mercantil. on Ev. L. Taylor’s Civil Law. Sum. This abbreviation is frequently used in Domesday Book. Law glo. Lect. T. R. T. Dict. on Ev. Tayl Cir. &c. Turner & Russell’s Reports. Reveland. p. T. Turner & Russell’s Chancery Reports. Taylor’s Treatise on the American Law of Landlord and Tenant. T. T. Crim. U. T. Tamlyn’s Reports of Cases decided in Chancery. Cas. or Terms of the Law. Taunt. chapter. Supp. T. Taylor’s Law Glossary. Chalt. T. Eng. on Desc. Supp. Br. Term Reports. Tait on Evidence. Mer. Swinb. Swinburne on Marriage. 86. Supplement to Vesey Junior’s Reports.& R. Swinb. Sumn. Tapia. Supplement. Dig. Tamlyn on Terms for Years. See also Co. T. Supersedeas. Swanst. L. Th. to Ves. R. Swinburne on Spousals. Sweet on Wills.

against. Thomas. Vernon & Scriven’s Reports. Par M. H. 86. Thomp. Tri.S. Dig. Versus. V. Versiculo. Jur. and wife. Tri.& S. Coke upon Littleton’ newly arranged on the plan of Sir Matthew Hale’s Analysis. ouvrage dans lequel on a tache de reunir la eorie a la practique. Toller’s Executors. Jur. Tyler’s Reports. Tidd’s Practice. Tyrwhitt & Granger’s Reports. Tr. Com. Vac. Toull. 86. paragraph or law. et. No. R. Turn. M. 6. Le Droit civil Francais suivant Pordre du Code. Val. Toullier. Toll. edited by Judge Tucker. V. V. 3 Toull. Valin’s Commentaries. de la Chirurgie. Ux. Trial of the Seven Bishops. Pres. U. 3. Termaine’s Pleas of the Crown.S. Off of Cor. or Vocem. or v. Pro. at other times. Tidd’s Pr. Thomas on Universal Jurisprudence. Trials per Pais. CD. Vesey & Beames’ Reports. See Metc. Tuck. Tothill’s reports. Under Sher. V. Voce. Fr. on Bills. Umfrev. which latter signifies vol. Tyt. co. V. Jurisprudence de la Medecine. Toth. Tho. Mil. Dig. the same as Fonblanque on Equity. of 7 Bish. . Vide. Turner’s Reports of Cases determined in Chancery. n. Ex. see.& B. By Thomas Stewart Traill. v. M. Turn. Et uxor. Eq. This work is sometimes cited Toull. de la Med. or an Inquiry into the Nature of Circumstantial Evidence.& Gra. Par Adolphe Trebuchet. Trin. Treb. Thompson on Bills. Tyrw. Umfreville’s Office of Coroner. Tuck. C. containing the office and duty of High Sheriff. Vice Chancellor. Civ.& Russ. per Pais. Treatise of Equity.& Perk. J. Esq. L. Blackstone’s Commentaries. Bl. Law. Com. as Spelm Gloss. Tucker’s Commentaries. R. Trinity Term. Toml. Outlines of a Course of Lectures on Medical Jurisprudence. Title. last.Theo.& Phil Turner & PHillips’ Reports. in such a verse. V. v. et de la Pharmacie. C. Tomlin’s Law dictionary. Un− der Sheriffs and Bailiffs. as AB. liv. By J. Tyl. Ult. D. Tyrwhitt’s Exchequer Reports. tit. t.D. Under Sheriff. Touchs. 1. c. United States of America. United States Digest. 3 of Toullier’s work. U. Tyrw. Tho. Tytler’s Essay on Military Law and the Practice of Military Courts Martial. Traill. Turn. B. n. Com. ultima. Trem. V. Ultimo. Dr. Voce. Litt. 2. U. Turner & Russell’s Chancery Reports. Sheppard’s Touchstone. Theory of Presumptive Proof. usually applied to last title. Cancelarious. Med. et uxorem.

Walker’s Chancery Cases. Conv. Watson on the Law of Partnership. W. Vernon & Scriven’s Reports of Cases in the King’s Courts. Rep. Warr. Vang. Venditioni Exponas. Ev. Wilson & Shaw’s Reports of Cases decided in the House of Lords. C. Am. Watson on the Law relating to the office and duty of Sheriff. Walk. W. or Walk. Jud. Ves. for the District of Maine. Reports of Cases argued and determined in the District Court of the United States. on Disc. Battle’s Law of Nations. Walk. vaugnan’s Reports. Vidian’s Entries. Wall. Versus. Jo.& C. Vand. Wilson & Courtenay’s Reports. Ch. Vesey Senior’s Reports. Verpl. Kel. W. Viz. Ab. Washburn’s Vermont Reports. Walk. Ca. Wat. Watt’s R. Viner’s Abridgment. Ves. on Partn. W. Wats. Walker’s Reports. Vermont Judges’ Reports. on Leg. on Sher. R. C. R. Vet. Walford’s Treatise on the Law respecting Parties to Actions. in Courts of Law and Equity. Vid. Watson’s Clergyman’s Law. Vin. Ventr. B. W. Watkin’s Copyhold. Watson on the Law of Arbitrations and Awards. William Kelynge’s Reports. W. Verplanck on Contracts. William and Mary. Ventris’ Reports. Vern. Verpl. Ware’s R. W. Wallace’s Circuit Court Reports. L. Dublin. Mar. on Eq. Cop. Verplanck on Evidence. R. Watts & Serg. Old Natura Brevium.& M. Van Heythuysen’s Essay upon marine Evidence. R. Vern. Wash. Ex. W. Supplement ot Viner’s Abridgment. Wats. C. Washington’s Circuit Court Reports. Sir William Jones’ Reports. 2. Vesey Junior’s Reports. Watk. Vend.& Scriv. 1. Vernon’s Reports. Introd. Ward. on Part. Wigr. Verm. Wats. . Watts & Sergeant’s Reports. Walf. Ev. Heyth.& S. Jr.& Bea. Vinnius. Watking’s Principles of conveyancing. Vanderlinden’s Judicial Practice. Ward on Legacies. Vinn. Welf. Vat. Supp.Van. Vin.& M. Vs. 1 and2. Ves. Pr. Watt’s Reports. Cler. on Arb. Washington’s Circuit Court Reports. Woodbury & Minot’s Reports. S. R. N. W. Wigram on Discovery. Wats. Welford on Equity Pleading. that is to say. Washb. Vesey & Beames’ Reports. Videlicet. C. Statutes of Westminster. Warren’s Law Studies. Plead. Walker’s Introduction to American Law. Contr. R. Law. or Vattel.

Wellw. Ab. Wellwood’s Abridgment of Sea Laws. Wend. R. Wendell’s Reports. Wentw. Wentworth. Wentw. Off. Ex. Wentworth’s Office of Executor. Wentw. Pl. Wentworth’s System of Pleading. Wesk. Ins. Weskett on the Law of Insurance. West’s Parl. Rep. West’s parliamentary Reports. West’s Rep. West’s Reports of Lord Chancellor Hardwicke. West’s Symb. West’s Symboliography, or a description of instruments and prece− dents, 2 parts. Westm. Westminister; Westm. I. Westminister primer. Weyt. on Av. Quintin Van Weytsen on Average. Whart. Cr. Law. Wharton on the Criminal Law of the United States. Whart. Dig. Wharton’s Digest. Whart. Law Lex. Wharton’s Law Lexicon, or Dictionary of Jurisprudence. Whart. R. Wharton’s Reports. Wheat. Wheaton. Wheat. R. Wheatons’ Reports. Wheat. on Capt. Wheaton’s Digest of the Law of Maritime Captures and Prizes. Wheat. Hist. of L. of N. Wheaton’s History of the Law of Nations in Europe and America. Wheel. Ab. Wheeler’s Abridgments. Wheel Cr. Cas. Wheeler’s Criminal Cases. Wheel on Slav. Wheeler on Slavery. Whish. L. D. Whishaw’s Law Dictionary. Whit. on Liens. Whitaker on the Law of Liens. Whit. on Trans. Whitaker on Stoppage in Transitu. White’s New Coll. A New Collections of the Laws, Charters, and Local Ordinances of the Governments of Great Britain, France, Spain, &c. Whitm. B. L. Whitmarsh’s Bankrupt Law. Wicq. L’Ambassadeur et ses fonctions, par de Wicquefort. Wightw. Wightwich’s Reports in the Exchequer. Wilc. on Mun. Cor. Wilcock on Municipal Corporations. Wilc. R. Wilcox’s Reports. Wilk Leg. Ang. Sax. Wilkin’s leges Anglo−Saxionicae. Wilk. on Lim. Wilkinson on Limitations. Wilk on Publ. Funds. Wilkinson on the Law relating to the Public Funds, including the Practice of Distringas, &c. Wilk. on Repl. Wilkinson on the Law of Replevin. Will. Auct. Williams on the Law of Auctions. Will. on Eq. Pl. Willis’ Treatise on Equity Pleadings. Will. on Inter. Willis on Interrogatories. Will. L. D. Williams’ Law Dictionary. Will. Per. Pr. Williams’ Principles of the Law of Personal Property. Will. (P.) Rep. Peere Williams’ Reports. Willc. Off. of Const. Willcock on the Office of Constable. Willes’ R. Willes’ Reports. Wills on Cir. Ev. Wills on Circumstantial Evidence. Wils. on uses. Wilson on Springing Uses. Wilm on Mortg. Wilmot on Mortgages. Wilm. Judg. Wilmot’s NOtes of Opinions and Judgments.

Wils. on Arb. Wilson on Arbitration. Wils. Ch. R. Wilson’s Chancery Reports. Wils.& Co. Wilson & courtenay’s Reports. Wils. Ex. R. Wilson’s Exchequer Reports. Wils.& Sh. Wilson & Shaw’s Reports decided by the House of Lords. Wils. R. Wilson’s Reports. Win. Winch’s Entries. Win. R. Winch’s Reports. Wing. Max. Wingate’s MAxims. Wins. JUst. Williams’ Justice. Wms. R., more usually, P. Wms. Peere Williams’ Reports. Wolff. Inst. Wolffius Institutiones Juris Naturae. Wood’s Inst., or Wood’s Inst. Com.. L. Wood’s Institutes of the Common Law of England. Wood’s Inst. Civ. Law. Wood’s Institutes of the Civil Law. Wood & Min. Rep. Woodbury and Minot’s Reports. Woodes. Wooddesson. Woodes. El Jur. Woodesson’s Elements of Jurisprudence. Woodes. Lect. Wooddesson’s Vinerian Lectures. Woodf. L. and T. Woodfall on the Law of Landlord and Tenant. Woodm. R. Woodman’s Reports of Criminal Cases tried in the Municipal Court of the City of Boston. Wool. Com. L. Woolrych’s commercial Law. Wool. L. W. Woolrych’s law of Waters. Woolr. on Com. Law. Woolrych’s Treatise on the Commercial and Mercantile Law of England. Wool. on Ways. Woolrych on Ways. Worth. on Jur. Worthington’s Inquiry into the Power of Juries to decide incidentally on Questions of Law. Worth. Pre. Wills. Worthington’s GeneralPrecedents for Wills, with practical notes. Wright’s R. Wright’s Reports. Wright, Fr. Soc. Wright on Friendly Societies. Wright, Ten. Sir Martin Wright’s Law of Tenures. Wy. Pr. Reg. Wyatt’s Practical REgister. X. The decretals of Gregory the ninth are denoted by the letter X, thus, X. Y. B. Year Books, (q.v.) Y.& C. Younge & Collyer’s Exchequer Reports. Y.& C. N. C. Younge & Collyer’s New Cases. Y.& J. Younge & Jervis’ Exchequer Reports. Yeates, R. Yeates’ Reports. Yearb. Year Book. Yelv. Yelverton’s Reports. Yerg. R. Yerger’s Reports. Yo.& Col. Younge & Collyer’s Exchequer Reports. Yo.& Col. N. C. Younge and Collyer’s New Cases. Yo. Rep. Younge’s Reports. Yo.& Jer. Younge & Jervis’ Reports. Zouch’s Adm. Zouch’s Jurisdiction of the Admiralty of England, asserted. ABBREVIATORS, eccl. law. Officers whose duty it is to assist in drawing up the Pope’s briefs, and reducing petitions into proper form, to be converted into Papal Bulls. Vide Bulls.

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 England; Charles V. of Germany; and Christiana, Queen of Sweden, are said to have abdicated. When James III of England left the kingdom, the Commons voted that he had abdicated the government, and that thereby the throne had become vacant. The House of Lords preferred the word deserted, but the Commons thought it not comprehensive enough, ofr then, the king might have the liberty of returning. 2. When inferior magistrates decline or surrender their offices, they are said to make a resignation. (q.v.) ABDUCTION, crim. law. The carrying away of any person by force or fraud. This is a misdemeanor punishable by indictment. 1 East, P.C. 458; 1 Russell, 569. The civil remedies are recaption, (q.v.) 3 Inst. 134; Hal. Anal. 46; 3 Bl. Com 4; by writ of habeas corpus; and an action of trespass, Fitz. N. B. 89; 3 Bl. Com 139, n. 27; Roscoe, Cr. Ev. 193. ABEARANCE. Behaviour; as, a recognizance to be of good abearance, signifies to be of good behaviour. 4 Bl. Com.,251, 256. ABEREMURDER, obsolete. An apparent, plain, or downright murder. It was used to distinguish a wilful murder, from a chance−medley, or manslaughter. Spelman; Cowell; Blount. TO ABET, crim. law. To encourage or set another on to commit a crime. This word is always taken in a bad sense. To abet another to commit a murder, is to command, procure, or counsel him to commit it. Old Nat. Brev 21; Col Litt. 475. ABETTOR, crim. law. One who encourages or incites, persuades or sets another on to commit a crime . Such a person is either a principal or, an accessory to the crime. When present, aiding, where a felony is committed, he is guilty as principal in the second degree ; when absent, "he is merely an accessory. 1. Russell, 21; 1 Leach 66; Foster 428. ABEYANCE, estates, from the French aboyer, which in figurative sense means to expect, to look for, to desire. When there is no person in esse in whom the freehold is vested, it is said to be in abeyance, that is, in expectation, remembrance and contemplation. − 2. The law requires, however, that the freehold should never, if possible, be in abeyance. Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance. 9 Serg. & R.. 367; 8 Plowd. 29 a. b 35 a. − 3. Thus, if sn estate be limited to A for life, remainder to the right heirs of B, the fee simple is in abeyance during the life of B, because it is a maxim of law, that nemo est hoeres viventis. 2 Bl. Com. 107; 1 Cruise, 67−70; 1 Inst. 842, Merlin, Repertoire, mot Abeyance; 1 Com. Dig. 176; 1 Vin. Abr. 101. − 4. Another example may be given in the case of a corporation. When a charter is given, and the charter grants franchises or property to a corporation which is to be brought into existence by some future acts of the corporators, such franchises or property are in abeyance until such acts shall be done, and when the corporation is thereby brought into life, the franchises instantaneously attach. 4 Wheat. 691. See, generally, 2 Mass. 500; 7 Mass. 445; 10 Mass. 93; 15 Mass. 464; 9 Cranch, 47. 293; 5 Mass. 555. ABIDING BY PLEA. English law. A defendant who pleads a frivolous plea, or a plea merely for the purpose of delaying the suit; or who for the same purpose, shall file a similar demurrer, may be compelled by rule in term time, or by a Judge’s order in vacation, either to abide by that plea, or b y that demurrer, or to plead peremptorily on the morrow; or if near the end of the term, and in order to afford time for notice of trial, the motion may be made in court for rule to abide or plead instanter; that is, within twenty−four hours after rule served, Imp. B.R. 340, provided that the regular time for pleading be expired. If the defendant when ruled, do not abide, he can only plead the general issue; 1 T.R. 693; but he may add notice of set−off. Ib. 694, n. See 1 Chit. Rep. 565, n. ABIGEAT, civ. law, A particular kind of larceny, which is committed not by taking and carrying away the property from one place to another, but by driving a living thing away with an intention of feloniously appropriating the same. Vide Taking. ABIGEI, civil law. Stealers of cattle, who were punished with more severity than other thieves. Dig. 47, 14; 4 Bl. Com. 239. ABJURATION− A renunciation of allegiance to a country by oath. 2. − 1. The act of Congress of the 14th of April, 1802, 2 Story’s Laws, U.S. 850, requires that when an alien shall apply to be admitted a citizen of the United States, he shall declare on oath or affirmation before the court where the application shall be made, inter alia, that he doth absolutely and entirely renounce and abjure all allegiance

39. Birth. Cr. or before it is viable. t.. and is neither a crime nor a misdemeanor. Papal ambassadors of the second rank.). 15−18. By bail above. ABOLITION. and it is frequently induced immediately by intense mental emotion. by name. 3. the crime is murder. cathartics diuretics. 4. 39. and 429 to 435. Com. t. or fourth descendant. The second embraces all kinds of violence directly applied. 129. In the ancient English law it was a renunciation of one’s country and taking an oath of perpetual banishment. is the clemency which the prince extends to a man who has participated in a crime. pardon. ABLEGATI. This title is equivalent to envoy (q. Gestation. See Abortion. Obs. Life. To the first belong venesection. who are sent with a less extensive commission to a court where there are no nuncios. is the grand−daughter of a grandson or grand−daughter. and criminal law. v. Encycl. med jur. 291. an oath abjuring to certain doctrines of the church of Rome. ABORTUS. − 2. he was then transported. Dead bord. . plethora. and some of the states punishing criminal abortion. and for safety flea to a sanctuary might within forty days’ confess the fact. The expulsion of the foetus before the seventh mouth of utero− gestation. and the party causing it may be indicted and punished. c. grace is the generic term. q.) and one who. in which it is sometimes used synonymously with absolution. faulty conformation. 4. Repert. Cr.. The grandson of a grandson or grand−daughter. de d’Alembert. Abolition is different: it is used when the crime cannot be remitted. &c. h.and fidelity which he owes to any foreign prince. The causes in the mother may be: extreme nervous susceptibility. Dig. which is an appearance. 4. 3. but the infamy remains. Med. &c. ABNEPOS. L. The prince then may by letters of abolition remit the punishment.. There is. 5. perhaps with reason. Med. Parerg. 3. civil law. may be divided into general and local. Materia Criminal Forense. 628. 1 Beck. Ev. These terms are used in making genealogical tables. h.. By statute a distinction is made between a woman quick with child. emetics. c. the child born before its time. 1 ere partie. the abolition of slavery is the destruction of slavery. 2. Leg. 3. abrogated or annihilated. 288 to 331. Ayl. Merl. H. In England t he oath of abjuration is an oath by which an Englishman binds himself not to acknowledge any right in the Pretender to the throne of England. this difference. 1 Beck. 5. The fruit of an abortion. v. The court of error is called the court above. 1 Russell. from such inferior jurisdiction. the death of the woman ensues. 190. The causes of this accident are referable either to the mother. it becomes a misdemeanor. − 4. 1 Bl. The term abolition is derived from the civil law. In the civil and French law abolition is used nearly synonymously with pardon. 3. Physiologists. ABOVE. is understood bail to the action entered with the prothonotary or clerk. 1 Russ. and self−defence. Abneptis. It most frequently occurs between the 8th and 12th weeks of gestation. 553. without being a principal or accomplice. Dig. When abortion is produced with a malicious design. the court whose proceedings are to be examined is called the court below. and particularly. think that the child is a living being from the moment of conception. where will be found an abstract of the laws of different countries. 4. and take the oath of abjuration and perpetual banishment. 2. according to those laws. This. v. Amer. remission. whereof he was before a citizen or subject. however. 11. Encycl. was abolished by Stat. 553. 25. Rawle on the Const. When. grace. 1. c. unless letters of abolition have been obtained before sentence. at common law. 3. t. 2 . (q. A man who had committed a felony. emmenagogues &c. 1 Jac. Roscoe. in consequence of the means used to produce abortion. See also 1 Briand. of Scot. − 3 it signifies also. where the question is considered. 4. &c. An act by which a thing is extinguished. great debility. 3. as. The causes seated in the foetus are its death. diplomacy. See Alis. h. 6. and the like. Literally higher in place: But in law this word is sometimes used to designate the superior court. rupture of the membranes. though pregnant. 14. vilanova y Manes. General References. is not so. Breath. Jur. incapable of life. 7 n. remission is made in cases of involuntary homicides. 98. according to 25 Car. how far abortion is justifiable. the prince. The crimjnal means resorted to for the purpose of destroying the foetus. or to the foetus and its dependencies. or one which may revise proceedings of an inferior court error. ABORTION. The term abolition is used in the German law in the same sense as in the French law.

in civil cases. ratione legis omnino cessante cessat lex. One who is away from his domicil. (n. Rep. however. 28. or to lie concealed in order to avoid their process. c. 50. that such persons be possessed of the necessary qualifications. 1826. Lex rogatur dum fertur. in preface to the table −at the end of the work. is called bail below. 2 Atk. they are not entitled to be considered authoritative. 2. Tit. either in general terms. Lit. Com. Co. Abrogation is implied when the new law contains provisions which are positively. 2. _11. Art. C. and see also Ayl. the presumption of death arises. 13. 64. Dig. 3. 16. Abridgment of the Plaint is allowed even after verdict and before judgment (Booth on R. Rep. the judge of the place where the estate is situated. or usual place of residence. To make shorter in words. Bradley v. 50. Abr. Code. n. 2 Saund. 1. it being liberum tenementum still. 2. 150. as in assize. t... 11. But it is not allowed in a proecipe quod reddat. after the abridgment the writ is still true. P. 3. R. 10 M.. art. or when the person thus appointed dies. 1. 4 Wh. See 2 Saund. by an act of the legislative power. Abr. Burr v.v. in the civil law. as an "absolute bond. 76. 364. tit. is literally pronounced by the new law. cum pars detrahitur. legislation. when a person possessed of either movable or immovable property within the state. In Louisiana.. Fouss. wherein the principal ideas of the larger work are summarily contained. R. Pand. Without any condition or encumbrance. 173. practice. 5 Co. Proleg. 141 15 Mass. vide Biret. it is express when it. R." simplex obligatio. for an account of the principal abridgments. Lord Coke says they are most profitable to those who make them. Juris. mot Abrogation. With few exceptions. cum prorsus tollitur. provided. abrogatur denique. 198. 50. ABROGATION. Dig lib. a new work. After an absence of seven years without being heard from. (q. 8. When fairly made. 5 Ves. Thel. C. 109. &c. generally. 1 Stark. Abridgment. shall appoint a curator to administer the same. 5 Ves. In the appointment of this curator the judge shall prefer the wife of the absentee to his presumptive heirs. Abridgment ment. In law it signifies particularly the making of a declaration or count shorter. Dig. Brook. Code of Lo. A. 50. 2. Dig. Abridgments of the Law or Digests of Adjudged Cases. For the French law on this subject. See North American Review. 2 Stark. & A. it is abrogated when it is totally annulled. R. 16. 1 Bro. s.. within the meaning of the law. ABSENTEE. R. 13 tit. Ib. Bro. 15.. Simm. subrogatur dum aliquid ei adjicitur. 151. 101. 143.See Bail above. Ambl. Merl. An injunction. demanding a certain number of acres. 422. quoties aliquid in ea mutatur. art. 775. 8. 249−253. 4 Barn. 2 Campb. 44. by taking or severing away some of the substance from it. 102. A rule . Gilb. Ib. The bail given to the Sheriff. 173. 457 8. an absolute estate. pl. prel. 4. R. as when a final clause abrogates or repeals all laws contrary to the provisions of the new one. abrogatur dum tollitur. one that is free from all manner of condition or incumbrance. TO ABRIDGE.. h. for this would falsify the writ. 7 32 12. c. 451. Merlin. it may justly be deemed. ten. so as to retain the sense or substance. without having appointed somebody to take care of his estate. 1 Bl. Peake’s Ev. dower. 76. 1 Story. lib. the publication of which will not infringe the copyright of the work abridged. Rep. derogatur eidem dum quoddam ejus caput aboletuer. 433. 403. 379−487. R. serve the very useful purpose of an index to the cases abridged. 4. the presumptive heirs to other relations. 14. liv. n. pp. 560. Bradley. 709. S. tit. 269. 241. 17. abrogatur legi. Dupin. Hardin’s R.6.) vide Below. Civ. then and in that case. lib. as when it abrogates certain preceding laws which are named. A− law may be abrogated or only derogated from. 2. It is also implied when the order of things for which the law had been made no longer exists. 1 Bl. it is derogated from when only a part is abrogated: derogatur legi. 3 N. Droit Civil Francais. and hence the motives which had caused its enactment have ceased to operate. because.) 4 . t. 1 Burr. Ev. Lofft’s R. 172. Code Civil. 3. in distinction from a conditional bond. and creditors to those who are not otherwise interested. iv. The destruction or annulling of a former law. To go in a clandestine manner out of the jurisdiction of the courts. R. when the defendant is arrested on bailable process. 404. 4 Wh. Ib. 12 Levin’s Ent. 805. 330. or in particular terms. 51. 121 Park on Ins. Ab. however. without expressly abrogating such laws: for it is a posteriora derogant prioribus. or by usage. 1 Vin. C. contrary to the former laws. ABSOLUTE. C. de l’Absende. 113. leaves it. An epitome or compendium of another and larger work.) in an cases of real actions where the writ is de lib. ABSCOND. Toullier. l tit. 3. 1. See Quotation.. the relations to strangers. 25. 2 Wils. 709. 18 Johns. 3 T. Rep. or is either unable or unwilling to continue to administer that estate. July. Abrogation is express or implied. will be granted against a mere colorable abridgment. AN ABRIDGMENT. 479. 190.

The clause was added by Lord North. An original writ. returnable in K. El. 6. P. 1. For example. The name of a writ directed to the coroner. law. To complete the contract. a. in relation to absolute rights. Stat. as where the party acts as if he had accepted. the acceptance of rent after notice to quit. The buttings and boundings of land. the acceptance must be absolute and past recall. ABSTENTION. the borrower of wine or grain. Without this. showing on what other lands. Rep. on the hearing.. and Cro. h. 2. law. other than the county before the sheriff See F. Litt. for example. it may be language. the notice. Acceptance of a bill of exchange the act by which the drawee or other person evinces his assent or intention to comply with and be bound by. (ac etiam) another cause of action over which. by whom the acceptance ought to be made. part 2. It will be proper to consider. ABSQUE IMPETITIONE VASTI. highways. 1 Chitty. 4.t. − 1. 125. Eng. 72.. 4. This subject is further considered under the articles Assent and Offer. 416.) are now used for the same purpose. 103. Pr. In order to give jurisdiction to a court. commanding him to deliver a writ to the sheriff. a wink. Without impeachment of waste. On the presentment of a bill. without being joined with the first. AC ETIAM. and Notice to quit. That you go to court. it is said. _9. and also. ACCEDAS AD CURIAM. 278. Rep. An agreement to receive somethinng which has been offered. a clause is added containing the real cause of action. as when it is openly declared by the party to be bound by it. Jac. Wheat. ABSTRACT OF TITLE. (q. 155. Id. As to the effect of an absolute conveyance. ABUSE. For example. ACCEPTANCE. to the clausum fregit writs of that court upon which writs of capias might issue. generally symbolical. ABUTTALS. and knocking down a hammer by the other. 364. B. the request contained in a bill of exchange to pay the same. b. the contract. or implied. In many cases acceptance of a thing waives the right which the party receiving before had.) 5. abuse has another signification. Eng. 148. 184. the time when it is to be made. 2. J. (q v. ABSQUE HOC. contracts. for the removaI of a replevin sued by plaint in court of any lord. Vide Boundaries. 225. 3 D. for example. _414. Leg . abuses the article lent by using it. This phrase is used in a traverse de injuria. or in other words. both parties. R. v. Merl. 156. a nod. He balanced awhile whether he should not use the words nec non instead of ac etiam. & E. 6 Wend. by which the plaintiff affirms that without the cause in his plea alleged he did commit the said trespasses. ACCEDAS AD VICECOMITEM. Dyer. law. symbolical. 10 Pick. Mortg. or by one authorized by him. the form of the acceptance. that he agrees to it. 18. Gould on PI. A definite sentence whereby a man accused of any crime is acquitted. issuing out of chancery. A brief account of all the deeds upon which the title to an estate rests. a cause of action over which the court has jurisdiction is alleged. 1 Chitty. This is the tacit renunciation by an heir of a suc− cession Merl. the sides of land. c. &c. 4 East. 149. it is an engagement to pay the bill when due. At auction sales. Eng. that. and communicated to the party making the offer at the time and place appointed. Dr. 1 Pick. Ch. who having a pone delivered to him. The acceptance may be express. or some other sign by one party. When the pleadings were in Latin these words were employed in a traverse. The offer. t. see 1 Pow. 32. the holder has a right to insist upon such an acceptance by the drawee as will subject him at all events to the . suppresses it. of the C. The matter is fully explained in Burgess on Insolvency. 2. This juridical contrivance grew out of the Statute 13 Charles H. h. ABSOLUTION. pleading. over which the court has said to be absolute.) Without any right to prevent waste. B. oral or written. (q. it is confirmed. 7. rivers. 169. now of coarse. 157. are adjoining and the ends abutting to the thing contiguous. when. French law. c. 211. More properly. 215. the court would have no jurisdiction. 3. PI. or C. its extent or effect. P. Every thing which is contrary to good order established by usage. 3. See Co. persons deaf and dumb may contract by symbolical or written language. ABSQUE TALI CAUSA. 2. as. Among the civilians. The acceptance must be made by the drawee himself. to the usual complaint of breaking the plaintiff’s close. v. 4. or other places it does abut. See Brief of Title. 826. because he cannot enjoy it without consuming it. N. Rom. and acceptance must be in some medium understood by. which is the destruction of the substance of a thing in using it. imports that he makes an offer. in general waives.

without receiving any consideration." "presented. Repert. or a particular endorser. or by merely writing his name either at the bottom or across the bill. for the honor of the drawer. Vin. 1. may be treated as dishonored. or partial.. it may be accepted supra protest. N. g. what in fact. Acceptilation may be defined verborum conceptio qua creditor debitori. 2 Campb. Chit. and even after refusal to accept so as to bind the acceptor. 9. 425. and before it becomes due or after the time appointed for payment 1 H. b. s. − 4. it should be protested. and to bind himself to pay the amount of the bill. − 2. Ayl. Chit. C. N. Holt’s C. the drawee must accept the bill within twenty−four hours after presentment. 217. the obligation of the acceptor is irrevocable. 485. Hudson. or on another paper. 234. 10. 390. C. A partial acceptance varies from the tenor of the bill. tit. quod debet. Bills. pl. Chit. if the drawee writes "seen. & EH. M. R. it is clearly established it may be in writing on the bill itself. The holder is not bound to receive such an acceptance. ACCEPTOR. consequently such drawee must have capacity to contract. R. or by some other person. N. 4 Dall. 27. t. Bl. 3. Rep. 3 Burr. 4. or by . 44. p. P. C. which is the acceptance of the bill. 8. As to what amounts to an acceptance. C. Bills. or it. and another for the honor of some party to the bill. 17. S. 15. 447. An implied acceptance is an agreement to pay a bill. 1. Jackson v. contracts. 447. 242. 186. 5 Campb." and subscribing the drawee’s name. It is Usually in the words accepted or accepts. c. but not subject to the forms of the latter. The liability of the acceptor cannot in general be released or discharged. seq.) this. tit. Marius. 22.& S. C. An acceptance in regard to its extent and effect. though he accepted without consideration. Beawes. 12. 91. a bill ought to be accepted. A conditional acceptance is one which will subject the drawee or acceptor to the payment of the money on a contingency. 16. − 3. 2 Wash. 1 Bla. as where it is made to pay part of the sum for which the bill is drawn. 77. 78. For example. for the honor of another. 339 . contracts. 52. 2. C. Molloy. Inst. Bills. An absolute acceptance is a positive engagement to pay the bill according to its tenor. when the bill is presented. in this case it must be in writing. R. or to pay at a different time. 207. 217. Chit. et. 234. conditional. Bayl. not by direct and express terms. but if he do receive it he must observe its terms. 46. premiere part. The person who agrees to pay a bill of exchange drawn upon him. 2 Green. answers that he admits as received. 1 Stra. 212. see ante. 14. but by any acts of the party from which an express agreement may be fairly inferred. The acceptilation is an imaginary payment. Acceptance. 226 to 228. 1 Marsh. 1. 401. Dig. it is requisite his name should appear. 570. 13.. 485. ACCEPTILATION. R. 27. 9. 26. But in order to bind another than the drawee. 2. 3 Mass. unless in fraud of creditors. When a bill has been accepted supra protest for the honor of one party to the bill. an acceptance by the drawee. 1 Campb. before acceptance it was incumbent upon him to inquire into the genuineness of the drawer’s handwriting. Bayl. 30. h. a certain arrangement of words by which on the question of the debtor. L 4. and for the sole accommodation of the drawer. 344. 7. 462. even within the twenty−four hours. otherwise than by payment.payment of the bill. See 2 Ad. Comb. will constitute an acceptance. and is valid. 466." or any. other thing upon it. 313. 67. 1354. Merlin.& S. P. 4 East. 1 and 19. There cannot be two separate acceptors of a bill of exchange. either by the party on whom it is drawn. 10 John. 4. Traite du Contrat de Change. wishing to dissolve the obligation. 11. or place. 6. The acceptor of a bill is the principal debtor. As to the form of the acceptance. In the civil law. 10. When once made. e. 83. acceptum fert. and is usually made by writing on the bill " accepted. 3 Kent. By his acceptance he admits the drawer’s handwriting. by another individual. It is a species of donation. 5 Taunt. 4. The acceptance may also be made supra protest. 214. Pothier. Chitty on Bills. may be either absolute. 4 M. according to its tenor. 2 W. or it may be after it is drawn. Com. 5. he has not received. Pand. Bills of Exchange. 3 Mass. S. C. the creditor. unless explained by other circumstances. Bills. 3. 55. (as the day on which it becomes due. S. de Jurisp. Bills of Exchange. after protest for non− acceptance by the drawee. and the drawer the surety. or it may be expressed or implied. or. As to the time when. The acceptance may be made after the bill is drawn. An express acceptance is an agreement in direct and express terms to pay a bill of exchange. or it should be treated as dishonored. Dig. 182. but other express words showing an engagement to pay the bill will be equally binding. or it may be verbal. n. 4 East. Ab. Bayl. it may be before the bill is drawn. for. 20. is a release made by a creditor to his debtor of his debt. On the refusal to accept. He is bound. for the honor of some of the parties. 2. 14. 1 Binn.

P. 553. or of the particular endorser. 2. is a third person. S. 711. Com. all who are concerned are principals. not an accessary. for the purpose of bastardizing the issue of the wife. R. pp. S. Bayly on Bills. R. 1 Hale. in order to charge a party. Dougl. for none can be accessary to the acts of a madman. 360. nor will their declarations be received after their deaths. 2. either naturally or artificially. In this sense a man who can readily be in company with his wife. et seq. of course. What amounts to a waiver and discharge of the acceptor’s liability. N. Sometimes by access is understood sexual intercourse. xlviii. and notice of his refusal given. accepts the bill for the honor of the drawer. P.& M. 249. he stands in the light of an endorsee paying full value for the bill. But whether it is law in the United States appears not to be determined as regards the cases of persons assisting traitors. 221. is said to have access to her. of Todd’s Spencer. proper to observe that when the act is committed through the agency of a person who has no legal discretion nor a will. P. criminal law. is one who being absent at the time of. such is the English Law. & Div. 57.. 592. movable or immovable. 199. counsels. v. 11 East. R. b. lb. Parnphl. C. 3 Wend. but is some way concerned therein. 1. the pregnancy of animals. 4 Cranch. comforts. 1 P. The acceptor supra protest is required to give the same notice. Code. 203. and against all persons who stand prior to that person. It is evident there can be no accessary when there is no principal. 129. R. 548. R 623 1 Ashm. In certain crimes. 283. 3 Munf. 4 Bl. R. 1 Pet. 2 Munf. on Bills. 3 Kent. 221. are stated at length in the 8th vol. 1 Ld. 247. 8 Pick. there can be no accessaries. Bro. An accessary before the fact. Const. C. and has the same remedies to which an endorsee would be entitled against all prior parties. ACCEPTOR SUPRA PROTEST. 615. with a like intent. The original owner of any thing which receives an accession by natural or artificial means. accessaries cannot be tried without their consent. 1 Vin. − 2. 113. after protest for non−acceptance by the drawee. P. yet procures. at other times the opportunity of communicating together so that sexual intercourse may have taken place. 133. 340. R. 4 Hayw R. is grounded on the right of occupancy. R. 330. or the conversion of wood or metal into vessels or utensils. before the principals. But this presumption may be rebutted by positive evidence that no sexual intercourse took place. He who is not the chief actor in the perpetration of the offence. 118. 3. 7 N. sue the drawer and endorser. 3 Paige’s R. 79. −1. receives. By the rules of the common law. 501. 1 Hale. property. 1 W. Such acceptor is not liable. 615. 5. 21. whether they were present or absent at the time of their commission. the incitor. 329. the embroidering of cloth. 2. Cowp. App.. R. 90. Abr. R. Foster. Approach. and he can. 4. no one can be charged as a more accessary to him.. R. 2. Louis. or the means or power of approaching. as in the case of a child or an insane person. ACCESSION. The ownership of a thing. Chitty on Bills. this is called the right of accession. 3 Hawks. 574. c. Rep. . 312. Bull. 209. must depend on the circumstances of each particular case. s. 141. 7. 1 Turn. ACCESS. on Mar. 113. By this acceptance he subjects himself to the same obligations as if the bill had been directed to him. or by the act of limitations. 6. 491. which is necessary to be given by other holders. is entitled to his right of possession to the property of it. either before or after the fact committed. ACCESSARY. R. Hard. is one who knowing a felony to have been committed. or assists the felon. No one who is a principal (q. 599. relieves. and in that case. 248. 79. 2. 29. 491.) can be an release or waiver. 3. The doctrine of property arising from accession. Hawk. and to all that becomes united to it. 382. These are treason. to prove the want of access. tem. 6 Binn. 112. 1 P. 1 Esp. C. nor present at its performance. whether it be real or personal. though absent when the crime was committed. Chitty on Bills. 472. as by the growth of vegetables. but a principal in the first degree. is also called access. 8 East. 269. Com. 7 N. 4 Bl. in contracts. If he takes up the bill for the honor of the endorser. will be considered. and all offences below the degree of felony. The evils resulting from this rule. 242. A. persons. her issue are presumed to be his issue. carries with it the right to all that the thing produces. 236. 35 to 40. & R. Com. Bayl. An acceptor supra protest has his remedy against the person for whose honor he accepted. Parents are not allowed to prove non−access. 1 Russ. An accessary after the fact. 16. the crime committed. 37. if a principal in a transaction be not liable under our laws. Dougl. Law. and Paternity. It is. Fost. See Shelf. P. who. Raym. unless demand of payment is made on the drawee. C. Serg. art. or commands another to commit it. United States v. N. Fries. Rep. 3. 262.

resulting from the negligence or misconduct of the party seeking relief. 8. 12 H. the burning of a house in consequence of a fire being made for the ordinary purpose of cooking or warming the house. Amb. But the owner must be able to prove the identity of the original materials. Appendant. n. the halter of a horse. 15. and many cannot be redressed even in a court of equity. practice. c. or to render it more perfect. 15. h. besides. n. 15 Mass. Pl. 2. Domat. Com. Ab. note 1. death. 426. 67. Abr. unless it has been so expressly agreed. note (6). Jeremy defines it as used in courts of equity. Rep. s. Vide Accession. 186. Groat. 6 Humph. 408. 125. Gill. This term in chancery jurisprudence. Neither the landlord nor the tenant is bound to rebuild a house burned down. Eq. if accidental. wrong payments. Bl. In Italy. h. 144. p. a. Litt. 23. Rev. Comm. Dig." Jer. Ab. 129. note. c. has no binding effect. Francis’ Max. Co. Poth. 216. 3. it is inaccurate in confining accidents to contracts. 5. as loss of deeds. mistakes in receipts and accounts. 11. because as accident may arise in relation to other things besides contracts. who is bound to make satisfaction to the former proprietor for the materials which he has so converted. of a traty already concluded between other sovereignties. 3. c.. ACCIDENT. 3. 1 Story on Eq. Eq. Propertie. ACCESSORY. n. Co. Moor. 522. as accessory to it. signifies such unforeseen events. ACCESSION. which is an accident of the first kind. generally. is if by accident a recovery is ill suffered. 10 Mod. Eq. Lawyer. courts of equity will relieve a party who cannot obtain justice in consequence of an accident. Bro. See Adjunction. 1 Madd. which makes it impossible to perform a condition literally. is a full discharge of such accessory obligation. Chandler v.under such its state of improvement. 2. Pr. Chancery. of a treaty already concluded between one or several states. tit. Dane’s Ab. when a court of law cannot grant suitable relief. and. 4−Paige. t. 2 Bl. losses. oil. Code. For example. 261. 7. ACCOMENDA. 1 Fonb. In New Jersey. as an ornament. misfortunes. The jurisdiction being concurrent. the burning of the same house by lightning would have been an accident of the second kind. will be maintained only. 2. J. 132. mortgages. An accessory agreement to guaranty an original contract. 169. or by others. for if wine. 4 Pick. or the performance of a thing required to be performed by the first or principal contract. Ob. Accesiorium non ducit. 374. R. 3 Kent. Rep. Appurtenant. 233. 4 M’Cord. This definition is objected to. 3. 120. but a bequest of a house would not carry the furniture in it. 1 Chit. 1 N. Adjunction. Bro. a. 20. s. t. 4. liv. 358. which will justify the interposition of a court of equity. 3. Com. R. when the party has a conscientious title to relief. B.. either by the same parties. _78. though not the latter. 8. 8 Pick. 76. b. 17 Mass. 288. It is a general rule. which is void. 48. be made out of another man’s grapes. oNE MADE FOR assuring the performance of a prior contract. See 8 Mass. Edson. Property. Com. 5 H. Id. 4. Curtiss v. 15. 3 Bl. _ 78. although the premises be burned down without his fault. 2. and a multitude of other contingencies. In general. 23. or bread. c. 404. 10 Johns. Ch. Merl. 7. and pledges. is a contract which takes place when an individual entrusts personal property . as are not the result of any negligence or misconduct in the party. Fits. M. 419. 10.. Lee. 1 Story on Eq. 5 Johns. 7. R. law. 134. Wheat. But if a penalty be annexed to the covenant. Doddridge Eng. Babcock v. But this does not affect any covenant. Abr. 6 Johns. secondly. in which case he is bound to do so. Com. R. and the like. The happening of an event without the concurrence of the will of the person by whose agency it was caused or the happening of an event without any human agency. 12 H. 87. s. 708. international law. or wheat. 3 Chit. on Eq. 121. 348. Litt. olives. acts or omissions. and which gives an undue advantage to one of them over the other in a court of law. 152. Ch. to be " an occurrence in relation to a contract. mot Accession. 6 Mass. n. 431. Pr. no action lies against any person on the ground that a fire began in a house or room occupied by him. 1. that payment of the debt due. 373. Rep. first. 1 Hill. Bar. Poph. ACCIDENT. 33. It frequently happens that a lessee covenants to repair. 2 and 3. property. 88. 14. art. by statute. h. Index. sed sequitur principale. 355. 1 Dyer. Coop. 1 Fonb. 1. PI. 1. the keys of a house. when the same was entered into. Everything which is joined to another thing. 182. Part. a contingent remainder destroyed. Incident. 5 H. C. 10. 363. ACCESSORY CONTRACT. Appurtenances. 2. s. Louis. tit. 1. 2. 1 T. 23. 2. Vide. is the absolute or conditional acceptance by one or several states. which was not anticipated by the parties. it does not exclude cases of unanticipated occurrences. See Generally. part. 551. 619. Betts v. Many accidents are redressed in a court of law. 126. inevitable accident will excuse the former. mar. t. the frame of a picture. they belong to the new operator. 1. 9 Johns. Lois Civ. is an accessory. Mitf. Dig. Rep. or a power of leasing omitted in a family settlement. Harr. such as suretyship. Index. 3 F 8. 431. Confusion of Goods. 1. R. and belongs to the principal thing.

An agreement to drop a criminal prosecution as a satisfaction for an assault and imprisonment. 2.) will doubtless occur to the reader. (2 Sam. R. 5 Co. 2. 2. by which the owner of the property gives the master power to dispose of it. crim. Emer. com. the contract called mandatum. S. 2 Wash. 3. and it is a species of sale of the thing given by the debtor to the creditor. 6. Eliz. Cro. A case occurred in Prussia where a soldier. R. R.) and of David and the Amelekite. 1 Root. 16 Johns. 75. hence restoring to the plaintiff his chattels. Bills. R. 4. whether one who was an accomplice to a suicide can be punishhed as such. 1 Stew. t. by the word accomplice is meant. 79. 437. 390. R. See 2 Wils. H.with the master of a vessel. 117. R. 90. R. 476. ACCOMPLICE. 615. but it differs from it in this. Str. C. as principals iu the first or second degree. 2 Whart. or merely as accessaries before or after the fact. 294. ch. 5 Wend. 37. Abr. That the accord be legal. 362. 341 Cro. − 5. 386. 641. 1 Phil. had cut the latter in pieces. It has been questioned. 5 N. 2−16. 125. − 2. 361. 3 Bl. 4 Bl. ACCOMMODATION. 1 Wend. to be sold for their joint account. R. 308.. R. 3. But in another sense. Rep. 426. In such case. R. for in regard to . 91. b. 5 East. one who not being a principal. If the sale produces no more than first cost. R. hearing some noise he ordered her away. contracts. 6. 180. Bac. Com. 580. 116. He put the point of a bistouri on his naked breast. Com. Dig. will not be any consideration to support a promise by the plaintiff not to sue him for those injuries. 1 Russell. 355. 9 Co. Dyer. 11 East. 294. See 4 Cranch. law. 15 John. 3 Wend. 6 Munfd. it is only the profits which are to be divided. The case of Saul. 413. &c. R. 15. Marsh. 4. 189. 88. Foster. 21. R. If therefore the consideration for the promise not to sue proceeds from another. two contracts take place. C. 3 J. 5 Day. 5 East. by accepting or endorsing his paper. 390. 6 Wend. 3 Johns. 749. the king of Israel. Dig. first. the owner takes all the proceeds. 541. Science du Driot. ACCORD. − 3. a young woman named Leruth received a recompense for aiding a man to kill himself. 5. 7 John. 8 Wend. is yet in some way concerned in the commission of a crime. _5. B 4. 5 Johns. endorsed or accepted bills or other commercial paper for the accommodation. Accord. C. 117. that it is not valid until the delivery of the article. 7. Repertoire. R. responsible as if they had received full value. 164. 341. law. mot Complice. at the request of his comrade. on Mar. ACCOMODATION. − 4. U. A satisfaction agreed upon between the party injuring and the party injured. 230. It must be advantageous to the contracting party. s. and the circumstance that the promise has been made to him will be of no avail. 136. 2 art. 2 Johns. &c. 302. 49. hence an agreement that the defendant shall relinquish the possession of a house in satisfaction. 3 Taunt. B. 497. are. The defendant must be privy to the contract. 2 Litt. The man receiving effectual aid was soon cured of the wound which had been inflicted. The accord must be executed. and the contract of partnership. 3 Monr. 28. 3 Monr. 592. Perk. 360. 17 John. 176. Accord. R. in contracts. and used the hand of the young woman to plunge it with greater force into his bosom. and there is no warranty of the thing thus sold. Ev. Abr. 566. Lepage. An amicable agreement or composition between two contending parties. 24. It must be certain. Accord. 2 T. In general the parties who have drawn. and his armor bearer. Accord with satisfaction when completed has two effects. 3 Lev. except perhaps the title. h. This term includes in its meaning. all particepes crimitis. Bac. R. J. 381. Loans. in satisfaction. 170. It differs from accord and satisfaction. 3 Hawks. b. is not valid. Merlin. is void. R. R. the profits are to be divided between them. John. In the year 1817. Yelv. and punished by ten years’ imprisonment. while in the hands of a holder who received them before they became due. 2 Hill. 14 Wend. R. Com. xxxi. or by lending him his notes or bills. all persons who have been concerned in the commission of a crime. which may take place without any difference having existed between the parties. S. 344. of which the defendant has wrongfully dispossessed him. in virtue of which. i. it is a payment of the debt. 302 but in such case equity will grant relief by injunction. R. for this he was tried capitally. 66. A. 331. the other his labor. R. 141. R. One party runs the risk of losing his capital. of others. 243. other than the person for whom the accomodation was given. 1 Smith’s R. 426. Cas. That which is done by one merchant or other person for the convenience of some other. unless it is also agreed at what time it shall be relinquished. 86. See 4 Mod. In order to make a good accord it is essential: − 1. which when performed is a bar to all actions upon this account. and she was tried and convicted of having inflicted the wound. or his land. Eliz. whether they are considered in strict legal propriety. Chit. 9 Wend. 5 East. (1 Sam. 342. the defendant is a stranger to the agreement. 1 Str. 10 Conn. 1 Ham. 6.

Pleader. R. 47. 3 Chit. 10 S. 425. is.) The court it is said are judges of the action − the auditors of the account. this action is nearly superseded by the better remedy which is given by a bill in equity. 88 .) although it is usual to conclude the count with a demand of damages. good faith. Ace. 87. Ab. R. 53. J. 7 Price. R. 1 J. 2 H. This action has received extension in Pennsylvania. 3 Leon. 5. 11 East. fo. 3. 51. (2 Roll. or in default of bail be made to account in prison. 141. Ch. 1 Leon. 2 M’Cord’s Ch. Reg. and sometimes exclusive jurisdiction at least in some respects: For example. Courts of equity have concurrent jurisdiction in matters of account with courts of law. & M9. R. and subsequent to the account reported by the auditors are conducted upon the principles of the common law. 7 H. (Cro. a court of equity will restrain the defendant from proceeding in a claim. 220. till the account is finished. 13. J. 209. 1 Roll. or where a man is charged as bailiff. fo. 24 Ed. 556.this. 3 Ed. but as the auditors are judges of record. 20. Hob. 4. R. fa. 83. u. 424. 3 Gill & John. In those states where they have courts of chancery. 5 Taunt. upon which he may be held to bail. West. Rep. 2. or by some authorities a sci. R. 2 Watts 86. 428. special bail cannot be demanded. against a person who is chargeable as bailiff or receiver. Eden on Injunct. 219. 431 It is necessary. 1 Bouv. R. 460. Inst. 3. 1 Dall. & R. 3.) The reason assigned for this rule. 6. 2 Conn. c. 388. 38. 1 Dall. 1 Bouv. Bro. 7. 9 Conn. 3 Bouv. 1 Paige. R. 6. 2 Caines’ Cas. 599. R. Law.. whereon he may have judgment and execution against the plaintiff. The interlocutory judgment in this action is (quod computet) that the defendant render an account upon which judgment auditors are assigned to him to hear and report his account. no judgment oan be entered thereon to recover the amount so found in his favor against the plaintiff. h. ACCOUCHEMENT. 3 Taunt. 388. 28. Bl. against the plaintiff. 1 Hen. See in general Com. 304. 11. 886. n. or such other process as the law allows for the recovery of debts. Int. Stat. (Per Herle. case of an unliquidated demand. Eliz. The fact of the accouchement may be proved by the direct testimony of one who was present. 24. Bac. 2 John. 303 324. 220.. & R. 1 Taunt. he may bring an action of debt. Harr.. there would be no satisfaction. 449. pl. whereupon the certainty of his receipt appears not till account. This action combines the properties of a legal and equitable action. as a physician. 2 Bulst. Bro. (See I Lutwych. 604. Brev. 362. 339. Dig. 1 Roll. that it may be the defendant will not be found in arrears after he has accounted. This is the name of a writ or action more properly called account render. 360.) nor are damagos awarded upon the first judgment. 10. 404. 55. nor given except ratione interplacitationis. If the defendant charged as bailiff is found in surplusage. t. 62.& A. 23. 340. 24. 512. if a plaintiff be entitled to an account. See Dation. 2 Keble. 86. The act of giving birth to a child. _ 28. ACCOUNT. in account render. 314. 805. 4 H. 1 Lutw. t. t. by which the complainant can elicit a discovery of the acts from the defendant under his oath. Inst. 41. 3 Verm. it cannot be doubted. 11. 62. 5 East. R. instead of relying merely on the evidence he may be able to produce. 137. R. 43. 7. the correctness of which cannot be ascertained until the account be taken. 2 Leigh’s R. for precedents) As the principal object of the action is to compel a settlement of the account in the first instance. The use of it. and the court cannot know until the settlement of the account whether the plaintiff has been endamaged or not. Dig. 2 V 8. that if the debtor gave on an accord and satisfaction the goods of another. Moore. 4 Verm. this may be done in several ways. Com. R. en paiement. 2478−79−80−81. 2 Rand. 38. where the receipt was directed to a merchandising which makes all uncertainty of the nett remain. 18 Ed. 6. Rep. The proceedings up to the judgment quod computet. n. 16. 150. but not where the subject is a matter of set−off. 664. The fist judgment (quod computet) is enforeed by a capias ad computandum where defendant refuses to appear before the auditors. Cooke. remedies. 277−8. 687 to 698. 2. 1 Sch. 17. But the account is to be adjusted upon the most liberal principles of equity and. See also 8 Cowen. It is also the proper remedy by one partner against another. 420. 15 S. R. It is frequently important to prove the filiation of an individual. See Palm. 153 3 Binn. Kirby. 2 Wils. 2 T. 485. R. 3. Marsh. h. R. 8.. a midwife. R. 8 Cowen. Vide Discharge of Obligations. Dig. 2 Chit. Ev. Acc. 1 W. Ab. R. 317. & Lef. 10 John. Ch. 5 Binn. is where the plaintiff wants an account and cannot give evidence of his right without it. Err. 164. and both are judges of record. 117. . 5 B. 358. B. It is applicable to the. 7 East. 58. 136 b. 4 Mod. Com. 82. 309. Inst. b. 149. Ab. 470. fac. 6 Co. h. 2 Greenl. 230. 6. or other person. 469. 2 Taunt. See Bailiff. 587. 16. (Lib. 340. R. 420. 890. Ab. 9 John. 1 J. 4 Watts. 2 Day. The final judgment quod recuperet is enforeed by fi. 1 Yerg. 48. 3 Keble Rep.

. of the estate confided to him. h. or other person. 8. A running or open account between two persons. A count on an account stated is almost invariably inserted in declarations in assumpsit for the recovery of a pecuniary demand. Milward v. R.& S. 1 T. It is advisable. 1: A fund which merchants. an account. 48. Dig. Rep. 65. 249. Allanson. 40. 596. Foster v. Rolls v. Doct. 2d. is supported by evidence of an acknowledgment on the part of the defendant of money due to the plaintiff. A plaintiff cannot recover against a defendant upon an account stated by him. Dig. upon an account between them. 1 Supp. 2. 44. 73. S. It is not essential that there should be cross demands between the parties or that the defendant’s acknowledgment that a certain sum was due from him to the plaintiff. Persons wanting a legal capacity to make a contract cannot. C. R. by whom an account may. or otherwise fully execute their trusts. Ev. 336. generally. 13 East. Every one who administers the affairs of another is required at the end of his administration to render an account of his management of the same. 7. Riebards v. − 3. 5 Taunt. will enable a plaintiff to maintain an action on such stated account for the balance due him. as infants. Vide Books. and see Peake’s Ev. be stated. 4th. Ozeas v. 191. Hob. The acknowledgment by the defendant that a certain sum is due. PI. 128. 2. state an account. partly as administrator and partly in his own private capacity. 29. 2 Mod. to Ves. It is proposed to consider. But the sum must have been stated between the parties. 6 Maule & Selw. 3. Bull. h. & R. Foster v. or transaction. Original entry. 257. See form. 2 Mod. which is kept in duplicate. 480. 434. Thorne. U. Yelv. in which are entered from time to time the transactions of his trade or business. com. R. Andrews v.. − 4. law. 1 Com. to insert such a count. An account is also the statement of two merchants or others who have dealt together. . The count upon an account stated. Dig. 88. t. 215. 180. 2 Ib. 3 Bl. Entry. 2 Mod. 202. Pl. 435. Ingraham. A book kept by a merchant. 483. Heather. Bac. . 1 Show. 65. Trustees of every description can. 9 S. P. It is not necessary to set forth the subject−matter of the original debt. S. showing the debits and credits between them.& R. unless the action be against persons who are incapable in law to state an account. traders and others have deposited into the common cash of some bank. R. the courts of common law are usually invested with power for the same purposes by acts of legislation. 241. ACCOUNT. 94. Knowles et al. P. Hurst. 135. practice. the evidence. ACCOUNT IN BANK. 1 Chit. S. t. 117. 1st. − 2. Com. 5 M. A statement of the receipts and payments of an executor. to be drawn out by checks from time to time as the owner or depositor may require.C. R. and persons non compos mentis. and unless there is an express promise to pay by the hushand. Ab. Drue v. Dig. Truman v. including debts due from the defendant alone. is called an account stated. 1 T. or other trustee. C. Ab. The settlement of an account between the parties. Barnes. Herrenden v. A settlement between partners. Rowland. 44. Aleyn. N. The statement of the amount deposited and drawn. Styart v. 2. in general. be compelled by courts of chancery to settle accounts. Allanson. 4 Dall.9. Milward v. 1. Milward. 9. 1 Burr. It is sufficient. 6. 136. 191. ACCOUNT STATED. t. _ 34−39. 8 D. 431. mechanic. 4 Dall. 8 Com. Johnson. 5. and see Lamelere v Caze. the declaration upon such. 1 W. it is not sufficient that the balance may be deduced from partnership books. and striking a balance. When an account has voluntarily been stated between parties. C.& A. 13 East. An acknowledgnaent of a single item of debt due from the defendant to the plaintiff is sufficient to support a count on an account stated. 3 Wils. Where there are no courts of chancery. 1 Binn. 72. in general. 468. Allen. Ingraham. creates an implied promise to pay the amount. Whart. Trueman v. he may be compelled at common law to account by an action of account render. administrator. ACCOUNT−BOOK. Vide 1 Binn. v. the action must be brought against hushand and wife. 44. an action of assumpsit may be maintained thereon. h. 434. Ingraham. 1 Vin. the manner of stating the account. 2 T. 249. nor is the sum alleged to be due material. 26. 162. 1 Bla. 2 T. trader. An account may be stated by a man and his wife of the one part. and from the defendant and a deceased partner jointly. Palmer. 4. although the account be stated of that which is due to the plaintiff only without making any deduction for any counter−claim for the defendant. R. one in the depositor’s bank book. 42. Hurst. 1 B. 3. and a third person. 7. 2 Ib. should relate to more than a single debt. A plaintiff may recover on an account stated with the defendant. S. Jr.R. and the other in the books of the bank. ACCOUNT CURRENT. 3d. 2 Greenl. by which a balance is struck in favor of one of them. 65. When a party has had the property of another as his agent. Andrews v.

Vide Alluvion. He would probably be allowed to show a gross error or mistake iu the account. ommision. commissions and net proceeds of certain merchandise consigned to such merchant. 9 S. for then an action lies it law. Bull. Contr. b. 197. 247. An account stated does not alter the original debt. III. to leave the account in full force and vigor. to be sold. D 3. a purchaser. Bac. 3. 18. 2. comm. admnistrator or guardian. v. R. 2 Ves. 1 Bouv. Stark. Ch. R. and where there has been gross fraud it will direct the whole account to be opened. to come to pass. 10. R. fraud. lib. 2 Bro. But if there has been any mistake. Hale. charges. Law. This word has several significations: 1. 14. 9. 2 Id. 62. obsolete. TO ACCRUE. TO ACCREDIT. except so far as it can be impugned by the opposing party. Civ. 235. ACHERSET. and allow it to be re−examined. 2. as well as achetor. with liberty to the plaintiff to surcharge and falsify it. ACCUMULATIVE JUDGMENT. tit. and there is no ground for the interference of a court of equity. Limitation of Actions. and the balance incorrectly fixed. See Ne unquas accouple. He who renders to another or to a court a just and detailed statement of the administration of property which he holds as trustee. 72. the effect of this is. ACCOUNTANT. or undue advantage. 11. and. To accouple is to marry. 36 Edw. 1 _3. Surcharge. he may be sentenced to undergo an imprisonment for the latter crime. 4. ACCOUPLE. it is a good defence that the parties have already in writing stated and adjusted the items of the account. law. 42. ACHAT. 241. 1. R. Ch. 242. An account delivered by one merchant or tradesman to another. international law. 306. this is called an accumulative jufgment.) 1 Bro. to happen. a court of equity will open it. R. as. The act by which a diplomatic agent is acknowledged by the government near which he is sent. In courts of equity when a bill for an account has been filed. if he could adduce clear evidence to that effect. 2 Freem. Ab. 129. 2. 389. or to testify against himself in a criminal case. An ancient English measure of grain. 4 Cranch. 343. Pl. Vide 16 Vin. See 1 Esp. of the disposal. P. 11 Wheat. 2 Rawle. This French word signifies a purchase. 1. Vide Evidence. 266. 435. ACCUSED. 5 Moore. or by a factor to his principal. One who makes an accusation. ACCUSATION. Abr. supposed to be the same with their quarter or eight . 550. Stat. 363. Aleyn. One who is charged with a crime or misdemeanor. 123. n. ACCOUNT OF SALES. 1 Cox. 265. 4 B. − To accrue means also to arise. One who is versed in accounts. 861. Inst. A second or additional judgment given against one. Witness. Interest. 237. and becomes his protection. and it seemsnot to be conclusive against the party admitting the balance against him. 105. It is a rule that no man is bound to accuse himself. as the interest accrues on the principal. 237. This at once makes his public character known. Inst. which in some ancient statutes means purveyor.&.Allen. The increase of land by the washing of the seas or rivers. Bartlet v. Ch. who has been convicted. afterwards he is convicted of burglary. And see generally tit. the execution or effect of which is to commence after the first has expired. 1 T. 159. law. Accusare nemo se debet nisi coram Deo. Partner’s. as a stated account. It is unnecessary to prove the items of which the account consists. 306. it is sufficient to prove some existing antecedent debt or demand between the parties respecting which an account was stated. 1 Chit. It is used in some of our law books. to commence after the expiration of the first imprisonment. ACCRETION. 3 Bro. Avulsion. Sometimes the court will allow the account to stand. Eq. A neglect to accuse may in some cases be consicleied a misdemeanor. Accruing costs are those which become due and are created after judgment of an execution. tradesman or factor. so that he may be brought to justice and punishment. 6 D. Ev. or misprision. executor. Chit.& R. crim. 42. by which the account stated is in fact vitiated. 9 Ves. A charge made to a competent officer against one who has committed a crime or misdemeanor. and examined de novo. 310. 10 Watts. 1 T. A person or officer appointed to keep the accounts of a public company. 277. Fonbl. for the stating of the account is the consideration of the promise. 565. 1 Atk. See Falsification. Emery. where a man is sentenced to an imprisonment for six months on conviction of larceny. (q. N. 3. 1 John.& C. as the statute of limitations does not commence running until the cause of action has accrued. 11 Wheat. R. ACCUSER. c. 155. De Jure Maris. and struck a balance. R. Literally to grow to. note (f). and that a balance was struck and agreed upon. n.

Aiken’s Dig. Act of Dee. must be made before it can be put upon record. Arkansas. The acknowledgment or due proof of the instrument by witnesses. or the chief officer of any city or town having a seal of office. Act of Nov. or any two justices of the peace. When it is made out of the United States. in one of the United States or territories thereof. or the clerk of any such court." 7. or compulsion. or territory in the Union. or any judge or or justice of the superior court of any state. Rev. fear. that such a declaration has been made to him. Before one of the judges of the superior court. 616. 1839. The certificate of the officer on the instrument.1803. when taken before a court or officer. − 2. 21. The conveyance of any real estate by any married woman. or that she had signed and sealed the relinquishment of dower for the purposes therein contained and set forth. and within the United States or their territories. 9. Alabama. is authorized to take probate of the conveyance of real estate of his own country. 13. When a feme covert is a grantor. 8. 90. Act of Dec. it may be made before the chief justice or any associate judge of the supreme court of the United States. or before the clerks of the circuit and county courts. Stat. or colony. 11. 5. by such married woman voluntarily appearing before the proper court or officer. Act of Nov. and the title passed. Act of March 3. Rev. freely and without any threat. 1803. Act of January 5. In cases of ackkowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof. 13. and from. Id. the circuit court. 10. and. Idem. before any court of the United States. s. for deeds conveying lands anywhere in the state. 2. and desiring the same to be recorded as such. or of the clerk of either of the said courts. When acknowledged or proven without this state. or the relinquishment of dower of any married woman in any conveyance of the estate of her hushand. mayor or other chief magistrate of any city. if such officer has by law an official seal. then under the official signature of such officer. or before any notary public. 89. in the absence of her hushand. In all cases of deeds. Justice requires that credit should be here givem for the valuable information which has been derived on this subject from Mr. she acknowledged that she signed. Meek’s Suppl. Act of March 3. or before one justice of the peace. or clerks of the circuit. Hilliard’s Abridgment of the American Law of Real Property. and declaring the instrument to be his act or deed. before any court of any state. s. or before the clerks of the county courts. having a seal of office. sec. and cause such certificate to be endorsed on the said deed. such acknowledgment or proof must be attested under the official seal of the court or officer before whom such probate is had. 15. sealed and delivered the deed as her voluntary act and deed. shall be taken by some one of the following courts or officers: 1. courts. officer of any foreign country. 1831. The act of the grantor going before a competent officer. 1837. the officer must certify that she was examined "separately and apart from her said hushand and that on such private examination. nation. conveyancing. 21. 1836. When the acknowledgment is out of the state. Much valuable information has also been received on this subject from the correspondents of the author. 1819. without any compulsion or undue influence of her hushand. 1. Below will be found the law of the several states relating to the officer before whom the acknowledgment must be made. Idem. 14. 12. state. within their respective counties. where it is made. 12. or before the county court. . Act of January 6. s. and conveyances proven or acknowledged without the United States or their territories. or any mayor or chief officer of any city. 91.When acknowledged or proven without the United States. kingdom or empire having a seal. 30. 6. or the relinquishment of her dower in any of her hushand’s real estate. or the judge thereof. or town having an official seal. Act of Feb. or before any one of the superior judges or justices of the quorum of the territory (state).bushels. ACKNOWLEDGMENT. is also called an acknowledgment. 191. or before any. or any one of the justices of the county court. who by the laws of such country. or of any state or territory having a seal. borough or corporation of the kingdom. 2. − 3. When acknowledged or proven within this state. Griffith’s Register. Stat. 190. See Aiken’s Dig. The proof or acknowledgment of every deed or instrument of writing for the conveyance of real estate. shall grant a certificate thereof. and if such officer have no seal of office. 89. 1818. such deed or conveyance shall be attested under such seal of office. or either of the judges thereof. shall be authenticated. 4. 88. 86. it may be made before and certified by any court of law. before the supreme court. 1812. 17. or before an justice of the peace or notary public. of her said hushand. 190. declaring that she had of her own free will executed the deed or instrument in question. 3. Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate. or before the mayor of any city or town.

17. Georgia. where there is no public minister. the chancellor or judge of a court of record. Out of the United States. The certificate of an acknowledgment in court must be under the seal of the court. freely and without any fear or compulsion of her hushand. conveyance or relinquishment of dower. Ab. Connecticut. Reg. before two subscribing witnesses and officers of such place. Florida. 34. By an act of the legislature passed in 1826. &c. Out of the state. or notary public. or any cbarge d’affaires. When made out of the United States before a resident American consul. of either of the United States. 441 . or in North or South America. Idem. or the supreme or superior court. court. or before the mayor or other chief magistrate of London. mayor. 162. 1 Hill. There is no state law. or consul of the United States. and no different examination of a feme covert from others. but within some other state or territory of the United States. Prince’s Dig. 16. A feme covert may also make her acknowledgment before the same officers. or two justices of the peace of the same county. or to that of the clerk or keeper of the seal. 16. The certificate must show. Dublin or Edinburgh. or by the officer before whom the same is taken and sealed. where the same is taken. deeds must be acknowledged before a judge of the supreme or district court of the United States. 20. except such lands as he acquired by his . any minister plenipotentiary. a justice of the inferior court. Deeds of conveyance of land in the state must be executed in the preseace of two witnesses. Liverpool. c.instrument.If executed in the presence of one witness and a magistrate. 22. consul or vice consul. that he aliens or conveys away during the coverture. Griff. but in the United States. commercial agent or vice commercial agent of the United States.In any other place out of the United States. they may be proved by affidavit of one or more of the witnesses thereto. presiding judge. Delaware. s. resident or accredited therein. or the chancellor. or court of common pleas or county court of this state. if by a judge. which certificate shall be signed by the clerk of the court where the probate is taken in court. and transmitted under the common or public seal of the state. Bristol. 18. When the acknowledgment is made in another state or territory of the United States. judge. The certificate of acknowledgmeut of a married. or before some judicial officers of this state. 115. t. Commissioners appointed in other states may also take acknowledgments. 23. directing how the acknowledgment shall be made when it is made out of the United States. 2 Hill. before a commissioner of Florida. An acknowledgment out of the state. Idem. 1 Laws of Geo.. 82. the widow is barred. chief justice. the certificate to be under the official seal. If in Europe. or president of any court of record of the United States or of any state or territory thereof having a seal and a clerk or prothonotary. and where there is no commissioner. or a notary public. resident or accredited there. under the seal of said court that he is duly appointed and authorized as such. before the consul of the United States. woman must state that she was examined apart from her hushand. before any governor. secondly. if he have a seal of office. 25. the court of which he is such officer. or one of the judges of the superior courts. of the government of which such place is a part. The affidavit must express the place of the affidant’s abode. it must be before some officer or commisioner having power to take acknowledgments there. If in any part of Great Britain and Ireland. and the identity of such civil officer and credibility. may be made before a judge of any court of the United States. Deeds and mortgages must be acknowledged within the state before the officer authorized by law to record the same. and certified accordingly. who are to examine her separately from her hushand. 14. city or place. When out of the state. or a judge of either court. or the chief officer of a city or borough. that she executed such deeds. or minister extraordinary. Act of 1833. or the dominions thereeunto belonging. 1831. Ab. of her dower in all lands of her deceased hushand. a justice of the peace. before. and proved before a justice of the peace. that the acknowledgment was taken within the territorial jurisdiction of the officer. the seal to be affixed to his certificate. 24. no different form is used. Before the supreme court. 21. And it must be accompanied by the certificate of the clerk or prothonotary of the court of which he is judge. appointed under the act passed January 24. or the court of common pleas of any county. shall be certified by a consul or vice consulof the United States. 19. In this state. s. first. 26. or heis unable to attend) before the chief justice. 15. h. the certificate to be under the hand and seal of the officer. no probate is required. justice or president. or other justice. See Act of 1828. of the said court itself.

Acts of 1828. the acknowledgment having been lawfully made before any judge or justice of the peace of the proper county in which such deed may have been made and executed. Ind. or before one of the judges of the circuitcourt. 31. there shall be a certificate of the clerk of the county commissioners court of the proper county. Id. 36. The certificate must state that the party is known to the officer. mayor. 33. superior or district court of any of the United States or territories. she signed. town or corporation of the county where the grantorsdwell. When a feme covert acknowledges the deed. 12. When the acknowledgment is taken by a justice of the peace of the state. Code. she acknowledges the instrument to be her act and deed. or consul of the U. that she acknowledged the execution and release to be made freely. 27. or that. 7. magistrate of such state or country. unless the lands came to her hushand by her. 217. be situate. sealed and executed the said deed of her own free will and accord. When ackkowledged by a feme covert. 24. the last three shall give a certificate under their official seal. When made out of the United States. or clerk of the court of appeals. Id. Rev. p. Ill. S. 2 Hill Ab. a justice of the peace. naming him. to be her act and deed. residing in the county where the lands lie. 44. 112. 1840. Illinois. residing there’ or. and the latter is over eighteen years of age. or notary public. 567. 152. Prince’s Dig. 30. 1 Litt. 34. All deeds and conveyances made and executed by any person without this state and brought within it to be recorded. the clerk of a court of record. or some justice of the peace of the county within which the estate may be situate. Stat. 455. p. a judge or justice of the supreme. with formalities substanially the same as those used in a release of dower. The certificate must state that she is known to the officer. before notaries public. Acts of 1831. s. that she did then and there declare that she had. Jan. 44. 1 Litt. no other certificate is required than his own. 37. s. if over eighteen. The magistrate should certify that the wife did declare that freely. 35. Indiana. c. when heresides in another county. clerk of the general court. a commissioner authorized to take acknowledgments. the certificate must state that she was examined by the officer separate and apart from her hushand. Rev. naming them and that she did renounce all title or claim to dower that she might claim or be entitled to after death of her hushand. or before probate judges. 4 Laws of Geo. there shall be added to the deed a certificate of the proper clerk. Acts of 1831. sealed and delivered the instrument of writing between the parties. 6. under seal. 165 . 11 App. Before the recorder of the county in which the lands may. 128. 74. without any fear or compulsion from her said hushand. 1831. that she declared that she did freely and willingly seal and deliver the said writing. 4 Litt. that the officer informed her of the contents of the deed. 160.) 1 Laws of. 5. s. and consents that the same may be recorded. mayor of a city. of K. c. 219.intermarriage with his wife. 28. L. or before any justice or judge of a superior or inferior court of law. Acknowledgments taken in the State must be before the clerk of a county court. Prince’s Dig. L. or before two justices of the peace.. it must be certified that she was examined separate and apart from her hushand. and acknowledged the said writing again shown and explained to her. to be authenticated in the usual manner such officers authenticate the official act’s. that the person officiating is a justice of the peace. voluntarily. The deed of a feme covert is acknowledged before the same officers. When the justice of the peace taking the acknowledgment resides out of the state. . or other chief magistrate of any city. of K. 135−8. Kentucky. and wishes not to retract it. she may join her hushand in any writing relating to lands in the state. that the full contents of the deed were made known to her. (naming him. she may convey her lands. 32. L. s. shall be valid and effectual in law. as her own voluntary act and deed. before two justices of the peace. before a mayor of a city. or before any court of law. Geo. to his official capacity. When in another state or territory of the United States. 128. When the hushand and wife reside in the state. her identity has been proved by a witness who must be named. 38. When she resides out of the state. or that his identity has been proved by a credible witness. or before the mayor of the city of Louisville. that she was separately examined. Act of Feb. Before a judge or justice of the supreme or districtcourts of the United States.249. signed. 24. So that no relinquishment of dower by the wife is necessary. of K. 29. in which case her acknowledgmeut is the same as if she were a feme sole. and without the compulsion of her hushand. p. or one of the judges of the supreme court of this state. and certified under the seal of such county by the proper officer. L. and that she does not wish to retract. and without compulsion. before the chief. eh. 39. Rev. 152.

or notary public in any foreign country. Reg. 222. or a judge of a court of record of the state. and 1830. See also. p. or annexed to it. consul. or before any notary public. s. but not to bind her to any covenant or estoppel therein. and proved by a subscribing witness before the county court. Griff.40. who shall reside in the other states or territories of the United States who shall be authorized to take acknowledgment of deeds. Laws of 1840. t. 3 Harr. s. 2 Hill. 48. the clerk of the court must certify under the court seal. requires that the officer shall certify knowledge of the parties. & J. The act of 1831. When the grantor resides out of the state. 42. Rev. sufficient to authorize the registration of a deed. Massachusetts. 49. t. 178. 41. or any commissioner appointed for that purpose by the governor of this state. or the grantor may empower an attorney in the state to acknowledge for him. or clerk of any court of record. or master in chancery. 7. attached thereto. St. 45. it may be proved by one of the subscribing witnesses before any court of record in the state. c. h. in this state. Ab. It has been held that an American consul at a foreign port. it must in such.1833 . it is required that the hushand join in the deed. court or judge thereof. 91. By the act of 1837. sec. deeds may be acknowledged. By the acts of 1825. Before two justices of the peace of the county where the lands lie. or the governor or a mayor. or an of the territories of the U. 4. a commission issues on. in each case the certificate to be under an official seal. c. any two of whom may take the acknowledgment. and certified by such notary or clerk under the seal of his office. or where the grantor lives. but. to two or more commissioners at the grantee’s residence. be acknowledged before a minister plenipotentiary . or before a judge of the county court of the former county. s. c. or a judge of the circuit courts. or proved by one or more of the subscribing witnesses to them. the official capacity of the acting justices or judge. & J. and county where the grantor may be the clerk to certify under seal. 480. 167. from the clerk of the county court where the landlies. St. Laws of 1840. and in case of the death of the grantor. it is to be acknowledged according to the laws of such state or territory. 34. c. where the land. Law of . p. 58. or a district judge. but in the United States." Rev. and with the written consent of the grantor. p. 7 Gill & J. 343. Before a justice of the peace or magistrate out of the state. When. magistrate. c. or two justices of the peace where the land lies. of the place where it is. 1 . or notary public. 51. 523. & J. Maine. or his departure from the state. an in which the party Eves. case. & J. The acknowledgment of a feme covert must be made separate and apart from her hushand. separate and apart from her hushand. the certificate must state that on a private examination of such feme’ covert. 868. 7. is a magistrate. 2 Gill. or judge of probate. and a wife need not. Ab. therefore. Michigan. within the United States. with a certificate of the proper county clerk. Maryland. How. 205. under his seal of office. 34. No peculiar form for the certificate of acknowledgment is prescribed. When the acknowledgment is made in another county than that in which the lands are situated. or before any justice of that county. Law of . is situated. 336. executed. that such deed is executed according to the laws of such state or territory. 97. Rev. she acknowledged that she executed the deed without fear or compulsion from any one. 4 Harr. When in the state. and certified by such judge. R. sec. "The joint deed of hushand and wife shall be effectual to convey her real estate. 2 Hill. 99. & Hutch. notary public. Before a judge of a court of record. 208 Laws of 1840. 46.371 . 173 6 Harr. 44. commissioners may be appointed by authority of the state. 1 Harr. c. St. the power to be incorporated in the deed. S. When acknowledged in a foreign country. or before any minister or cousul of the United States. it may be executed according to the laws of such foreign country. 91. acknowledge the conveyance when she joins with her hushand. 47. 7. and shall certify it under seal and return the commission to be recorded with the deed. S. & M’H. 50. Ib. When the acknowledgment is made by a feme covert. 86. 442. or the mayor of Annapolis for Anne Arundel county. 6 Pick. Before a justice of the peace in this state. 166. 13 Pick. c. application of the purchaser. 2 and 3.. the official character of the magristrate. c. 45. p. Mississippi. notary public. t. justice of the peace. An acknowledgment by one of two grantors has been held. before any judge of the high court of errors and appeals. 43. 166. or any part thereof. 164 the acknowledgment in another state may be before a judge of the U. p. the deed is acknowledged out of the state of Michigan. or any justice of the peace. or charge d’affaires of the United States and the acknowledgment must be certified by the officer before whom the same was taken. _5.

or of any state or territory. The certificate must state thatthe party was personally known to the judge or other officer as the signer. Comp. 846) c. or court of common pleas of any state or territory. Laws of Mississippi. two of whom are appointed by the legislature in each township. having a seal. h. Misso. whether in the same or a different county. or any judge or justice of the supreme or superior court of any state in the Union. Ab. In the state. In another state or territory of the United States. releasing her dower. Law of 1838. before any court of the United States. Law of 1822. 120−122 . cl. before any court of any state. or before a commissioner appointed by the overnor. and authenticated by the certificate of the clerk or register of the superior county or circuit court of such county. under his hand. 132. in which the said parties or witnesses reside. or chief magistrate. Act of June 7. mayor. Ib. freely. and duly certified under the seal of such city. 60. Laws. or a judge of any inferior court of common pleas. that she sealed and delivered the same as her act and deed. apart from her hushand before the proper officer. c. Before a justice of the peace or a notary public. and the acknowledgment of a deed before a notary public in another state is good. Jan. the certificate shall beunder its seal. it must be accompanied by a certificate under the great seal of the state. s. borough or corporation of such foreign kingdom. p. When in another state or territory of the United States. 53. 2 Hill. Out of the state. In the state. Rev. p. c. Laws. Harr.. c. Out of the United States. Act of June 5. H. or before a mayor or other chief magistrate of any city in any other state or territory of the U. Law of 1822. when. it must also state that she was informed of the contents of the deed. When made by a feme covert. 120. such acknowledgment. 54. the certificate must state that she made previous acknowledgment. 748. Act of June 7. on a private examination. 34. 27. 459. or before any judge of the supreme or superior court of any state or territory in the Union. taken before a judge of a court of common pleas. or the mayor of any city having an official seal. Ab. her identity was proved by two credible witnesses. without any fear. or mayor. or the seal of the county court in which it is made. Laws. who are authorized to take acknowledgments or proofs of deeds in any part of the state. 445. 38. Missouri. s. when before an officer having an official seal. Rev. St. p. 34. or some judge. s. 346. 14. s. or other chief magistrate of any city. Rev. 59. or before a judge of any. afore said. 1799 . 1820. Rep. Rev. or before any justice of the peace of the state or territory and county. under his hand and seal. before some court having a seal. wherein such person or witness or witnesses may then be or reside. and have a similar certificate. It must be done as in the cases of release of dower. in his respective county. before a judge of the supreme court or of the district courts of the United States.1822. 458. How. New Jersey. if by a clerk. with a seal of his office thereto affixed. t. that it was acknowledged separate and apart from her hushand. 58. 1835. 57. 34. who resides in such state. the certificate must statethat she is personally known to a judge of the court. c. or proved to be such by two credible witnesses. 61. 747. 2 N. or a justice of the peace in the county where the land lies. before the chancellor. Ib. & Hutch. or the officer before whom the deed is acknowledged. under his band and the seal of the court. must be made before an court of law. shall endorse a certificate thereof upon the instrument. 55. with the seal of his office thereto affixed. 453. or proof as. 158. or the clerk thereof. such deeds must be acknowledged. Id. 1820. How. 1841. Rev. or if taken before or certified by a justice of the peace. member of the board of police. 34. s. & Hutch. Laws. _8. 420 2 Hill. 1826. nation. before a judge of the supreme court of the United States. Every court or officer taking the acknowledgment of such instrument or relinquishment of dower or the deed of the wife of the hushand’s land. state. 52. 13. 19. a master in chancery. Act of June 5. or a district judge of the United States. Griff. the acknowledgment may be made before any court authorized to take acknowledgments. or before a commissioner for taking the acknowledgments or proofs of deeds. or before any. a justice of the supreme court of this state. How. or proved as aforesaid. superior court. 62. that he is such officer. When the acknowledgment is made by a feme covert. that she releases her dower freely without compulsion or undue conveyance of her own lands. kingdom or empire having a seal. 50. New Hampshire. or colony. S. two of whom may be appointed . threat or compulsion of her hushand. 1799. in a manner such acts are usually authenticated by him. or that. Law of 1832. or before and certified by any judge of any inferior or county court of record. 61. 2. When out of the United States. shall be authenticated by the certificate of either the clerk of the Said inferior or county court of record of such county. when by an officer having no seal. & Hutch. certified by the court. justice or clerk thereof. when made before a court. Act of December 27. but in the United States. Code. 56. 347.

70. before a resident minister or charge d’affaires of the United States. superior or circuit court of any state or territory of the United States. 2 Hill. chap. sealed. and that such clerk or register is well acquainted with the handwriting of such officer. Rev. before a proper officer. 1799. Laws. New York. By the act passed April 7. Within his own jurisdiction. and verily believes that the signature to said certificate of proof and acknowledgment. The acknowledgment or proof of deeds for the conveyance of lands. By a statute passed in 1840. h. that: _1. to be read in evidence or recorded in this state. Laws. duly authorized to take the same. as her voluntary act and deed. 749. 1. commissioner of deeds. Edinburgh. s. To entitle any conveyance or other written instrument acknowledged or proved under the preceding section. a couuty judge or commissioner of deeds for a city or county. who is to be named in the certificate. the deed must be acknowledged. and delivered the deed. nation or colony. Before the chancellor or justice of the supreme court. and who executed the deed or instrument. as proofs and acknowledgments taken before auy of the officers now authorized by law to take such proofs and acknowledgments: Provided that no such acknowledgment shall be valid unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in. the governor is authorized to appoint commissioners in other states. signed by such officer. 459. freely. or a judge or justice of the supreme.. is genuine. When the party is in Europe or other parts of America. 71. not to act out of the same. before the United States consul at Paris. or superior court. 290. When in another state or territory of the United States. t. or. When the acknowledgment is made by a feme covert. The certificate to be uuder the hand and official seal of such officer. without any fear. in the manner in which such acts are usually authenticated by him. in Russia. Act of Nov. when taken or made in the state. Laws. with a certificate of the governor of the said state or territory. or proved. 1799. there shall be subjoined to the certificate of proof or acknowledgment.. instrument required to be proved or acknowledged.. or Liverpool. Act of June 7. or circuit courts of law of superior jurisdiction.) she acknowledged that she signed. When made out of the United States. inorder to entitle the same to be recorded or read in evidence. in which the party or hiswitnesses reside. Act of June 7. borough or corporation of a foreign kingdom. and may be read in evidence in any court iu this state. 1820. − 2.for each of the States of New York and Pennsylvania. Reg. 73. either from his own knowledge or from the oath or affirmation of a witness. 1 ltev. 459. in all cases must state that the officer who makes it. supreme court commissioner. within the said state. certified by the said court. or of . the chief magistrate of Dublin. 1836. or chief magistrate. a certificate under the name and official seal of the clerk or register of the county in which such officer resides.−or other magistrate. or the United States consul at London. North Carolina. The officer must in all cases be satisfied of the identity of the party. Stat. (ut supra. must be before one of the judges of the supreme court. When the party resides in another state. or in the court of the county where the land lieth. &c. shall be entitled to be recorded in any county in this state. Petershurg. It may also be made before any person specially authorized by the court of chancery of this state. The proof or acknowledgment of auy deed or other written. before the Lord Mayor of London. Griff. 1848. mayor or recorder of a city. The certificate. but if out of the state this is unnecessary. judge of the county court. first made known the contents of the deed to the person making the acknowledgment. 68. may be made before any officer of such state or territory. in the sae manner and with like effect. circuit judge.Rev. 37. apart from her hushand. state. specifying that such officer was at the time of taking such proof or acknowledgment. in the British dominions. or the District of Columbia. the acknowledgment may be before any court of law. Rev. 69. in France. 72. the certificate must state that on a private examination. mayor. 67. before some one of the judges of the superior courts of law. and that he was satisfied such person was the grantor mentioned in the deed. to take the acknowledgment and proof of deeds and other instruments. 64. or mayor. authorized by the laws thereof to take the proof and acknowdgment of deeds and when so taken and certified as by the act is provided. A feme covert must be privately examined. 3. 434. before the same officer at St. when made by any person residing out of this state and within any other state or territory of the United States. 65. Ab. c. 66. it is provided. 63. of any city. Act of June 5. threats or compulsion of her hushand. before a judge of the United States. Elmer’s Dig.

the acknowledgment may be before one of the judges of the supreme or district courts of the United States. or courts of common pleas of any state or territory within the United States. 81. s. territory or country. without any coercion or compulsion of her hushand. and a commission in a prescribed form may be issued for taking the examination of the wife.. See. towns or places. deeds and other instruments affecting lands must be acknowledged before a judge of the supreme court. 2. voluntarily. notary public. or before an one of the judges or justices of the supreme or superior courts. When made by a feme covert. or any other person. 11. 3.the secretary of state of the United St−ates. or of the courts of common pleas. 346. and declared that she executed the same freely. 8. though if it be merely under the hand of the officer. 9. mayor. or so infirm that she cannot travel to the judge. that she voluntarily sign. release. or hereditaments in this commonwealth. and without the fear or compulsion of her hushand. they must be acknowledged. or before a commissioner in such foreign country. before the chief magistrate of some city. 361. When she is resident of another county. 80. Swan’s Coll. of the official character of the judge. 357. residing in either of the United States or of the District of Columbia. 1 Rev. Laws. a justice of the peace. When out of the United States. under a commission from the county court where the land lieth. under seal. or other presiding officer of an incorporated town or city. S. s. or before any mayor or chief magistrate or officer of the cities. kingdom. p. L. 5. Before a judge of the supreme court. or proved. 1. "An act incorporating the Ebenezer Methodist Episcopal congregation for the borough of Reading. L. or places where such conveyances are so proved. 77. or before a commissioner appointed by the governor of this state according to law. or proved. that she is of full age. Ohio. 82. separate and apart from her hushand. or commercial agent. Ohio Stat. and acknowledge the same. consul. that she then assented thereto. where they are executed. the acknowledgment may. before one or more of the justices of the peace of this province [state]. Conmmissioners appointed by the governor. and 14. the certificate must state that she was examined by the officer. according to the laws of the state. seal. Act of February 22. tenements. and for other purposes. the certificate must state that she was privily examined by the proper officer. and. the deed may be acknowledged by the hushand. "That any and every grant. By the act of the 16th day of April. or out of the U. When acknowledged by a feme covert. a judge of the court of common pleas. and. that the contents of the instrument have been made known to her. But by construction it is now established that a deed acknowledged before such officer is valid. or other deed of conveyance or assurance of any lands. 266. that she acknowledged the due execution of the deed. 4. The proof must be certified by the officer under the common or public seal of the cities. By the act May 27th. and within the United States. 1831 Swan’s Coll. town. country or place where such an acknowledgment may be made. with proper certificate under their official seals. c. vol. When made out of the state. Pennsylvania. bargain and sale. 1831. 79. 5. heretofore bona fide made. Stat. When made out of the United States. s. publio minister. and so certified under the hand of the said judge. 37 s. and the contents of the deed were fully made known to her. that she executed the deed of her own free will and accord. or before any mayor or alderman. 1835. where such deed or conveyances are so proved. when in the District of Columbia. 10. and 7. 19. or justice of the peace of the commonwealth. c. although the act declares it shall be proved. it will be sufficient. or county court. the deeds must be acknowledged. 1 Rev. 75. towns. and certified under the public or official seal of such consul or vice−consul of the United States. s. 37. 13. When made out of the state. and that she is still satisfied therewith. 78. whether in another state or territory. In the state. and the seal of the court. duly appointed for and exercising consular functions in the state. 1715. 1 Rev. or according to the laws of the state of Ohio. which went in force June 1. 433. R. entitled. are also authorized to take acknowledgment of deeds. executed and delivered by . or before the recorder of the city of PhLiladelphia. 265. Act of January 16. The certificate of the acknowledgment of a feme covert must state. 1827. Stat. 83. 1. 29. 4. it is provided by _15. 8. the district courts. deeds made out of the province [state] may be proved by the oath or solemn affirmation of one or more of the witnesses thereunto. 6. Stat. 8. 6. 37. 74. be made before any consul or vice−consul of the United States. that she has been examined separate and apart from her hushand. Act of Feb. 1840. or proved by witnesses. 1 Pet. c. or corporation of the countries where the said deeds were executed. or before some ambassador." Pamph. 76. that she did declare upon such separate examination. It is the constant practice of making the certificate.

she may also release dower by a separate deed. without requiring proof of the said seal. tenements and hereditaments therein mentioned. lease. release. letter of attorney. and with the same effect only. or a justice of the quorum. assignment. district. Pamph. tenements and hereditaments whatsoever. or other officer authorized by law. and for establishing a mode by which hushand and wife may hereafter convey their estates. or a judge of . passing and conveying the estate. mortgage. assigument or other assurance so made. under seal. "That where any deed. and certifiedunder his hand and seal. by any officer under seal." 86. bargain and sale. right. or within every city. Before any senator. 1840. under his hand and seal of office. 89. justice of the peace. Deeds may be proved upon the oath of one witness before a magistrate. justice of the peace. was. or were authorized by the laws of such state to take and certify the acknowledgment of deeds of conveyance of lands therein. but all and every such grant. to take such acknowledgment. seven days afterwards. held or adjudged. _16. A feme covert may release her dower or convey her own estate. alderman. 94. tenements." 85. bargain and sale. which certificate shall be endorsed or annexed to said deed or instrument aforesaid. and being privately examined. 233. Rhode Island." 84. L. shall be deemed and adjudged to be as good. heretofore bona fide made and executed by hushand and wife. for all purposes. 90. s. of and within this commonwealth. or hereditaments lying or being in the county. in the certificate thereof. or for any contract. by reason of any informality or omissiou in setting forth the particulars of the acknowledgment made before such officer. When the acknowledgment is made in another state or country. or other instrument of writing has been or shall be made and executed. either within or out of this state. right. and this is said to be the general practice. as if the same had been so acknowledged or proved before any judge. The certificate of the officer is under seal and signed by the woman. valid and effectual in law for transferring. passing and conveying the estate. The act relating to executions and for other purposes. c. or insufficient in law. duly certified.hushand and wife within any other of the United States. where the acknowledgmentof the execution thereof has been taken. for the purpose of being recorded therein. A wife releasing dower need not acknowledge the deed. as fully. When the deed is to be executed out of the state. and be in like manner entitled to be recorded. justice. shall have the same force and effect. within this state. 2 Hill. tenements and hereditaments mentioned in the same. according to the existing laws of this commmonwealth. title and interest of such hushand and wife of. shall be deemed. title and interest of such hushand and wife of. conveyance. deed of conveyance. or president or associate judge of any of the courts of common pleas within this commonwealth. but to a conveyance an acknowledgment and private examination are necessary. manner and form taken and certified by any judge. L. before a judge of law or equity. taken or made in the manner directed by the laws of this state. _7. 87. to be used or recorded within their respective counties and such acknowledgment or proof. to all intents and purposes. enacts. in. or avoided or prejudiced. or alderman within this commonwealth. and certified by any officer or officers in any of the states where made and executed. for which they are respectively appointed as recorders of deeds. or any other writing. and to the lands. executed and acknowledged as aforesaid. " That the recorders of deeds shall have authority to take the acknowledgment and proof of the execution of any deed. as if the acknowledgment of the execution of the same deed had been in the same and like way. or part thereof. passed 16th April. valid and effectual in law for transferring. in. feoffment. alderman. and to the lands. and be as good and available in law. or which may be so made. 88. the justices of the county where the land lies. shall be as good. or justice of the peace. such certificate shall be deemed prima facie evidence of such execution and acknowledgment. in the latter case. Ab. or other conveyance of any lands. defective. notary public therein. before the first day of January next. That no grant. 34. mayor or. executed and acknowledged as aforesaid. and certified by the said recorder. and the acknowledgment or proof thereof. or appeared upon the face of the same. as if the same had been made or taken before any judge of the supreme court. entitle an act for the better confirmation of the estates of persons holding or claiming under feme coverts. or proof. judge. were particularly set forth in the certificate thereof. Before a judge of the supreme court. it is enacted. lease. deed of conveyance. one thousand seven hundred and seventy. 412. who. by joining with her hushand in a deed. By the act of the 3d day of April. feoffment. or an officer in one of the United States. or town clerk. justice of the peace. and acknowledged by them before some judge. passed the twenty−fourth day of February. as if all the requisites and particulars of such acknowledgment mentioned in the act. Pamph. it must be before a judge. South Carolina. invalid or. release. 1840. as aforesaid. or other assurance of any lands.

and may then be read in. Rev. or in any foreign country. the acknowledgment or proof of which shall have been. or before any minister. or before any consul. or else before two justices of the county where she . and the same acknowledged with like effect. as to pedigree or heirship. to tale his acknowledgment upon the oath of two witnesses to the execution. By an act passed during the session of 1839−1840. the acknowledgment may be before commissioners empowered by the court of the county in which the hushand acknowledges the commission to be returned certified with the court seal. 2 Hill. 4. That the govornor may appoint commissioners in other states and in foreign countries for the proof. 14. The certificate of acknowledgment must be endorsed upon the deed by the clerk of the court." See 2 Yerg. a judge of the county court. city. 9. _1. so taken. before a judge of the supreme court. of Tenn. Every deed by the hushand and wife shall contain an acknowledgment by the wife. By the act of 1831. and signed by two or more witnesses. All deeds and other conveyances. within the United States. in the court of the county. Ab. 97. of deeds. in which the grantor resides. 101. shall be endorsed on the deed by the. and powers of attorney for the conveyance of lands. or hereafter shall be taken without this state. and the due formality of the attestation. tit.Tennessee. In all these cases the certificate must state that the wife has been privately examined. minister. A deed or power of attorney to convey land must be acknowledged or proved by two subscribing witnesses. Virginia. s. shall be proved as heretofore. or the court of the district. or in regard to the partition and distribution of property or estates. that she executed such conveyance freely. and continuing satisfied with it. within this state. of the clerk. 458. 9. Reg. h. magistrate. or consul of the United States in any foreign countryand the acknowledgment of a deed a feme in the form required by covert. or before any commissioner appointed for that purpose by the governor of this state. When a married woman executes the deed. or.the court of common pleas. or acknowledged and recorded. town. before a court of record in the state. 3. − 2. or corporation of the country where the party resides. c. 238. and that he is an inhabitant of the state. province. or corporation where some part of the land lies. before any justice of the peace. before a justice of the peace. 90. Griff. or any estate or interest therein. 91. She acknowledges the deed before the court. 593. or a judge of the superior court that the acknowledgment is in due form. 2. c. made apart from her hushand. Vermont. it is enacted. 91. By the statute of 1820. the acknowledgment in other states may be conformable to the laws of the state. 520. 108. Stat. evidence. she appears in court and is examined privately by one of the judges. Id. 95. and acknowledged by the grantor. when the party lives out of the state or of the district or county where the land lies. may by dedimus empower two or more justices of the county where the grantor resides. 4. if the parties live out of it. and if the wife is unable to attend court. Cooke. 100. t. when made in it. 431. 1. t. a certificate of which acknowledgment. 7. s. Caruthers & Nicholson’s Compilation of the Stat. or the chief magistrate of any city. or the court of the district where the land lies. There must also be a certificate of the governor or secretary under the great seal. versa. Before the general court. authority taking the same. 93. if certified agreeably to the laws of the state. 102. by this chapter may be taken by either of the said persons Id. 26. 6.Griff. shall be as valid as though the same were taken before some proper officer or court. or before a notary public under his seal of office. Reg. 94. that all deeds or conveyances for land made without the limits of this state. . or notary public.cbarge d’affaires. it is provided. 448. or kingdom in which it was taken. 96. 98. or before a commissioner of the state. and recorded. or ambassador of the United States. 9. the acknowledgment may be before any court of law. That deeds executed beyond the limits of the United States may be proved or acknowledged before a notary public. chap. and certified by him in the usual form. the deed being shown and explained to her. 99. The ackiaowledgment of a feme covert is made. 81. as to her freely signing the instrument. b. county. &c. Affidavits taken as above. 3 Yerg. and the proof of the same may be taken. 400. The seal of the court is to be annexed when the deed is to be used out of the state. All deeds and other conveyances of lands. and vice. may be received as evidence. and without any fear or compulsion of her hushand. "That deeds of every description may be proved by two subscribing witnesses. shall be signed and sealed by the party granting the same. in which case there is to be a seal and a certificate of the presiding judge or justice to the official station. 2 Hill. or some justice of the peace. The officer must certify that he is acquainted with the grantor. by executors or administrators. s. before a court of record iu another state or territory. Ab.

9. 424 Liv. note. C. for the surety against a creditor. Property which has been acquired by purchase. 4. Inst. art. a judgment. estates in the civil law. by his apprentices or his slaves. 1 Swanst. (q. contracts. Ab. descent. as to acquets afterward made there. and of the estates which they may acquire during the marriage. when he was aware of his rights will be prima facie evidence of such election. however. du Dr. 136 1 Ves. 193. 3 P. contracts. 1. Civ. these officers being empowered by a commission from the clerk of the court where the deed. or in any other similar way. Cas. property. and not of both. Bouv. The consent which is impliedly given by one or both parties. _344 . And by act of the parties. or by those who are in his power. who refuses to acquit him after the debt has been satisfied. 1. maps. his acquiescence in a state of things which indicates an election. 559. ACQUIESCENCE. R. A release or discharge from an obligation or eng agement. Com. n. descents. because in that case the period of time when the purchase is made is alone attended to. 12 John. Reg. Jr. of which the hushand has the administration and enjoyment. ACQUETS. 2. (q. may be temporary or Perpetual. 382. 371. v. 81. According to Lord Coke . which are secured by patent rights and for the authorship of books. which is either by deed or by matter of record. Paley on. Code. as by his children while minors. Menstr. In Louisiana they embrace the profits of all the effects. 1 Bouv. 3. and is executed as by two justices in the United States. a condition. of Writs. the commission authorizes two judges or justices of any court of law. or between their heirs at the dissolution of their marriage. and the numerous cases there cited. 158. Occupancy. Com. 1 John. for inventions. 103. (q. Derivative acquisitions are those which are procured. 2 Rop. for him. or corporation. Alienation. Escheat. Ib. t. and intestacy. n. 300. R. h. "The Parties may.) ACQUIETANDIS PLEGIIS. v. 315. 4. ch. 2 Bouv. R. 2. 439. to a proposition. t. 281. must be decided rather by the circumstances of each case than by any general principle. Vide 2 Ves. 3. 3 Pick. if she lives within the United States. 5. R. will. 6. h. 1 Bouv. The acquets are divided into two equal portions between the hushand and wife. 513 . confines acquets to immovable property. when the parties afterward go there to live. Blount.’ 3 Martin’s Rep. Prescription. obsolete. 12 Ves. even although the purchase be only in the name of one of the two. 45. Acquiescence differs from assent. If she is out of the United States.9. 444. Leg. 110. 3 Cowen’s R. 1 Wash.dwells. 2 Leigh’s R. 1. 103 . The certificate is to be authenticated in the usual form. either of right or in fact. Original acquisition is procured by occupancy. v. gift or otherwise than by succession. To make property one’s own. cannot be acquired. art. or by act of the parties. lying. Inst. Griff. either by donations. Cas. 186. 1 United States Law Journ. R. Property may be acquired by a man himself. 41. by accession. 53. An acquisition. Forfeiture. A writ of justices. 495. and not the person who made the purchase. or the. 335. by buying the same. 478. Hamps. or without consideration. Ib. town. Things which cannot be sold. Acquisition may be divided into original and derivative. art. 505. by descent. namely. 4 W. 2 Hill. ACQUITTAL. succession. Inst... The act by which the person procures the property of a thing. R. 571 2 Kent’s Com. 4. contracts. 2 Kent. 6 & 7. by Lloyd. which is protected by copyrights. as by gift or descent. and be procured either for a valuable consideration. R. note. Title to property is acquired in two ways. 1309. either by act of law. Vide Ruth. 2 Call. 6 Miss. 41 Pet. by gift or sale. C. to examine her and to take her acknowledgment. for example. 2. 2375. or to any act whatever. The acts of acquiescence which constitute an implied election. Wms. 69. is to be recorded. Jr. Story on Eq. by intellectual labor. n. 4. 2369. or by purchase. But the parties have no right to agree that they shall be governed by the laws of another country. made jointly to them both. from others. Leg. ACQUISITION. Vide 17 Martin’s Rep. lawfully stipulate there shall be no community of profits or gains. 153. 5. 296. R. art. n. 490.) Acquisition by purchase.) and by purchase. Goods and chattels may change owners by act of law in the cases of forfeiture. Cowell. or one who has assumed that character. Merlin Rep. on Ag.. of the produce of the reciprocal industry and labor of both hushand and wife. 499. a clause. 2371. Ib. 3. in her county. This applies to all marriages contracted in that state. Reg. Rom. Inst. judgment. Dig. _255.Ib. is either by. chief magistrate of any city. 2 John. Acquiescence in the acts of an agent. 4 Mason’s R. 2. R. 2. 293. and charts. be equivalent to an express authority. Inst. 289. 28. or out of it. contracts. When a party is bound to elect between a paramount right and a testamentary disposition. 1 N. 2. marriage. 2 Kent. Com. 2. TO ACQUIRE. 5. 581. Ag. Inst. or the magistrate of a corporate town. 319.3. Civ. 508. insolvency. 2370. Kent. 3.

resolve. It frequently happens that when a person has been arrested for a contempt. Civ. & Rawle. 2. 6. 2. lib. Code. Inac. although such acts may be . of a council. Dig. 8. & Ald. Co. ACT. 217 . 67. by being registered in the office of a notary. a. 7. schedules. in fact and in law. 36. or a proceeding under insolvent laws. 21. In cases of partnership it is a rule that the act or declaration of either partner. The absolution of a party charged with a crime or misdemeanor. 141. S. is the act of all. 396 . ACT. Private acts are those made by private persons. that the latter must be under seal. Land Laws of Penn. ACT. c. an act of assembly is a law made by a legislative assembly.Co. crim. Eliz. 451. 212 a. 55. By prescription. Poth. A writing which states in a legal form that a thing has been said. Serg. public or private. contracts. Comb. An overt act of treason must be proved by two witnesses. acquittances. In the legal sense. 1 Rawle. v. See Webster’s Dict. 552. 1 N. includes written correspondence.. Off. and the like. 693. n. By tenure. Litt. R. 1. determination. as an act of congress is a law by the congress of the United States. of a legislative body. has nearly the same effect as a release. Leges. in furtherance of the common object of the association. 8 N. Francais. though of a kindred nature. and four in breadth. Litt. lawful or unlawful. 371 5 B. 9 Serg. the latter when a man is charged merely as an accessary. 3. p. art. Oblig. Toull. 6 Cranch. 185. 5 N. court of justice. R. 781. pl. Also. Acts under private signature are those which have been made by private individuals. or a magistrate. An acquittal is a bar to any future prosecution for the offence alleged in the first indictment. Vide 3 Salk. R. 1. A statute or law made by a legislative body. while an acquittance need not be under seal. Lit. by the parties to it. of whatever shape may be the land. and which have been made before public officers. public or private. 22. of which the courts are bound to take notice ex officio. is evidence against all of them. S. acts. a receipt. unless it hasheen properly acknowledged before the officer. 3 L. act of congress. Code of Louis. 568 . when the party releases the obligation. 461. namely. Nov. civil law. 2 Stark. 3. It differs from a release in this. as registers in relation to their receipts and expenditures. 7 Wheat. 36. as act of assembly. legislation. & M. done. 2. 2231 to 2254. act and deed. obsolete. as a prosecution for an offence. has been doubted. usually denominated authentic. 5. law practice. The former takes place when the jury upon trial finds a verdict of not guilty. or agreed. Explanatory acts should not be enlarged by equity Blood’s case. performed in pursuance of the common design. Poph. Acquittals are of two kinds. 208 . 267. 1456 . In Pennsylvania. Dr. and other papers relative to the design of the parties. And the acts. under their hands. 410. 283. Technically speaking.there are three kinds of acquittal. in pursuance of his authority. The terra. acquittal is − the absolution of a party accused on a trial before a traverse jury. Instrumentum. law. (q. tom. R. 2 . on oath. are those which have a public authority. lib. Public acts. Acts are civil or criminal. 196. or which have been extracted and been properly authenticated from public records. and note 22. Merl. Ev. t. 1 Bl. 2. A quantity of land containing in length forty perches. have been made public by the authority of a magistrate. The act of one of several conspirators. S. An act of this kind does not acquire the force of an authentic act. 2. If an act of assembly expire or be repealed while a proceeding under it is in fieri or pending. ACQUITTAL. 4. R. ACQUITTANCE. the decision of a prince. of having intended any contempt. S. 4. 273 a. Civ. tit. will be binding on his principal. 384. 243. An agreement in writing to discharge a party from an engagement to pay a sum of money. measures. 94. he comes into court and purges himself. Co. ACT. and the principal has been acquitted. Blount. _ 113. 476. 116. the proceeding becomes abortive. ACRE. In Latin. 391. Burr. edict. Foster’s Rep.. 4. To purge one’s self of an offence by oath. b. 2. judgment. See Overt. 11 M. a decree. are authorized by a public seal. c. lib. 298. 1 Pet. 2 Inst. By deed. A general or public act is a universal rule which binds the whole community. Also. award. evidence. 8 N.) though not under seal. Greenl. ACREDULITARE. or one hundred and sixty square perches. this word may be used to signify the result of a public deliberation. R. Acts are general or special. 5 N. it is evidence of payment. an instrument in writing to verify facts. See Cro. act of parliament. but whether it includes unpublished writings upon abstract questions. 3. tit. 3. 665. of Ex. 4. 32. contracts. 6 Co. Rep. of an agent. 3. 3 M’Cord. 73. 198 . 419 . 100.

2 Inst. 338. 149. & P. Litt. R. and the law does not permit . in contracts. C. 284. 5 Cowen. 15 Wend. s. 2 Watt’s Rep. it is deemed to be his own fault and folly that he did not thereby provide against contingencies. 4511 Rose. 86 Taunt. R. 375. of 19th Aug. Dig. 2 Bini. be recovered by an elder title. 362 Tidd. 1 M. or evidences of debt. & B. 512. Jones on Bailm 104. J. ACT IN PAIS. Chitty on Contr. D 1. distrained. 27. 3. Dea. Private or special acts are rather exceptions. L. R. because the rent charge is made void by due course or act of law. An act performed out of court. being a actus legis nemini est damnosus.. 272. 2 Dall. 279. 177. 2. R. 2 Taunt. it. 4. Tidd. R. R. but if the defendant die after the return of the case and before it is filed. L 13. 1. 94. 37. 16 Mass. See. or other transfer of his lands. 145. 6. 2 Bl. 2. Dupin. 1 Bouv. R. 175. chattels and effects. 213. 137. R. or chattels. 6 Binn. 2 Wash. for example. 176. 8 T. signifies country. nor within the control of the party. 650 . being those which operate only upon particular persons and private concerns. The acts of bankruptcy enumerated in the late act of congress. This phrase denotes those accidents which arise from physical causes. 92. gift. 77. This is somewhat similar to a provision in the insolvent act of Pennsylvania. of these the courts are not bound to take notice. Com. sale. Scot. 85. C. 414. 133 Bos. & Pull. An act which subjects a person to be proceeded against as a bankrupt. before the magis trate of the jurisdiction. & S. applicable in such case. 1 Bouv. 259. & S. Notions de Droit. 13 Mass. 5 T. 540. R. Ersk. R. that the defendant has become deranged since the suit was brought. Every man of sound mind and discretion is bound by his own acts. n. Holt. shall have a writ of annuity. Departure from the state. 128. ACT OF MAN. 217 2 V. Pais. or his goods and chattels. if the creditor. n. credits. and is confined in a hospital. or concealment of them to prevent their being levied upon. is an inhabitant. 14. Willingly or fraudulently procuring himself to be arrested. assignment. Com.allowed to have a retrospective operation. or taken in execution. ACT OF GRACE. 471. Action upon the Case upon Assumpsit. 67. 287. 137 16 Ves. and thereby the rent charge becomes avoided. 8. 1 Burr. 467. 1 Leigh’s N. with intent to defraud his creditors. land out of which a rent charge has been granted. 2. 4. 3 M. See generally. the performance shall be excused. G. sequestered. Rep. Concealment to avoid being arrested. than rules. lands. 4476 Taunt. Special bail are discharged when the defendant dies. R. 3. 33. Rose. 14 Ves. 1024. Rep. Removal of his goods. Where the law casts a duty on a party. R. If. 15 Ves. Aleyn. R. tenements. or territory of which a person. or by other process. R. 184. R. actus Dei nemini facit injuriam being a maxim of law. Making any fraudulent conveyance. 33. 508. 4. or tenements to be attached. R. or other contingency. Inst. 387 9 Moore. Stra. 1841. in 8 T. 5 . are the following: 1. R. 5 T. that he has not wherewith to maintain himself. R. 9. & Chit. 243 . P. 3 Yeates. 6 T. 176. 1 Campb. goods. or taken in execution. 32. R. Inst. 325.1 Rose. 1695. R. 2 Bl. ACT OF BANKRUPTCY. 105. 464. 7 Mass. R. but where the party. cited by Lawrence. 334. in consequence of whose diligence he was imprisoned. Vide 8 Mass. 6 T. Fortuitous Event. 11 Pick. 340. yet the grantee. It is. no ground for an exoneratur. however. 332. R. 1 Dougl. An event which occurs in consequence of some principle of law. R. 206. Com. Pr. 19 Wend. 41. Scotch law. A deed or an assurance transacted between two or more private persons in the country is matter in pais. 315. 1 T. district. 294. although not foreseen by. Com. (that is. unless they are pleaded. subject to the operation of the bankrupt laws. Condition. 588. and exempt himself from responsibilities in certain events and in such case. 317. 362. the magistrate may set him it liberty. 443. the bail are fixed. 18 Wend. in law French. Co. 295. This statute provides that where a prisoner for debt declares upon oath. 676 . does not aliment him within ten days after intimation for that purpose. Com. Perils of the Sea. if it be rendered impossible by the act of God. Dig. engages to do an act. 2 Rose. 1 Smith R. in the instance of an absolute general contract the performance is not excused by an inevitable accident. 17−Ves. 4 C. and which cannot be prevented. and not a matter of record. is usually known. & P. 99. 1 C. 267. 193. byhis own contract. 264. 3. 5. 512. ACT OF GOD. 7 East. 6 T. 218. as to what will be considered a departure. ACT 0F LAW. 267 . The name by which the statute which provides for the aliment of prisoners confined for civil debts. 481. 2 Verm. c. It. 1 Esp.

perhaps. 65. requires explanation. by a lender against a borrower. Usage. 184. 1. And by statute 31 Ed. 134−6 1 Saund. 1 Root. 183. Neither do they extend to actions against executors or administrators for wrongs committed by the deceased. 2 Salk. Pl. ACTIO DEPOSITI DIRECTA. the debt was not paid. even when there is but a presumption of authority. Cowp. which never were supposed to die with the person. Thus stood originally the common law. Poth. See 1 Saund. This is technically termed the actio non. 7. after four months had elapsed after the rendition of judgment. Ejectment. de Louage. 216. 13 S. 3. In the civil law. & R. H11 Vin. 2 Ld. to compel the execution of the contract. in order to get back the. 422. in those cases where an injury has been done to the personal. After stating the appearance and defence. 13 S. 394.him to do any thing against it. 140. and he might in his lifetime have waived the tort and sued in assumpsit. Pret. if at the end of two mouths. Raym. Dig. An action of good faith. n. 1 Vent. It differs from non assumpsit in this: non assumpsit is the proper plea to an action on a simple contract. and. 71. in which an alteration was made by the statute 4 Ed." actio non habere debet. The name of an action in the civil law. Poth. and then the immovables. but they do not extend to injuries to the person of the deceased. 374.P. of an action in the civil law which the depositary has against the depositor to compel him to fulfil his engagement towards him. c. by which the plaintiff recovers the amount of a sum of money or other thing be paid by mistake. Lawes. 8 1 Str. Jones. 1 Saund. 2 Saund. nor to his freehold. But the term personal action. W. Com. the civil law. 200. for example. 8. 42. in which the judge issued his warrant to seize. note 1. 421 . 1 Sell. 1 Ch. & R. civil law. thing deposited. Plowd. ACTIO EXCONDUCTIO. ACTIO PERSONALIS MIORITUR CUM PERSONA. Poth. B 13. 272. vi et armis on his land. administrators have the same remedy as executors. 121. These statutes received a liberal construction from the judges. 1 Bay’s R. ACTIO CONDICTIO INDEBITI. The maxim must therefore be taken in a more restricted meaning. Cro. 76. 3 Mass. 12 Id. 6 S. he may be made responsible criminally. 217. when the action accrues on the promise but when it does not accrue on the promise but subsequently to it. 480. first. See further 12. 1 Saund. Cowp. An action for a breach of a promise of marriage cannot be maintained by an executor. or trespass. the principal object of which is to obtain restitution of the thing lent. 216. Ex. 13 Mass. The name of an action which the bailor of a thing for hire may bring against the bailee. ACTIO JUDICATI. 408. Poth. Du Depot. This definition would include contracts for the payment of money. Was an action instituted. − Code. 7 Serg. and. the land was sold. property of the deceased. III. a. & S. It extends to all wrongs attended with actual force. 5 Binn. 1 Salk. 203. and is responsible civilly in all such cases. c. 180. III. & R. c. 60 Went. ACTIO DEPOSITI CONTRARIA. civil law. & R. by statute of 25 Ed. 63. Poth. which was extended to the executor of an executor. 4 Mass. is the name of an action. nor against 13 S. Rep. the proper plea is actio non accrevit. 140. 69. unless. Assumpsit may be maintained by executors or administrators. See Assumpsit. N. is an ancient and uncontested maxim. n. "that the said plaintiff ought not to have or maintain his aforesaid action thereof against him. 733. 185. n. The name of an action in the civil law. 377. so. 531 2 Ch. 272. . 2. 176 id. whether the affect the person or property and to all injuries to the person only. That a personal action dies with the person. Plead. 295. Rep. which were sold within eight days afterwards. 217. So that no action lies by an executor or administrator for an assault and battery of the deceased. 1 Picker. 59. Promutuum. which gave an action to an executor for an injury done to the personal property of his testator in his lifetime. 75. 5. n. 11. 2. du Contr. 252. b. In a large sense all actions except those for the recovery of real property may be called personal. n. special pleas begin with this allegation. Poth. Bac. Eliz. by his regular salesmen. &c. 123. 34. in some cases. Pret Usage. a bookseller may be indicted for publishing a libel which has been sold in his store. where the plaintiff’s testator sustained special damages. 4. The name of a plea to the statute of limitations when the defendant insists that the plaintiff’s action has not accrued within six years.S. Abr. Plead. la. 183. or for slander. ACTIO COMMODATI CONTRARIA. but by those of others who act or are presumed to act by his authority. 5. and all acts are construed most strongly against him who does them. Abr. 2 M. although he may possibly have had no knowledge of it. 2165. Du Depot. ACTIO COMMODATI DIRECTA. civil law. or put under the care of a curator. A man is not only bound by his own acts. which were delivered in pledge to the creditors. in order to compel him to re−deliver the thing hired. 83 n. 215. Plead. 7 East. this is the name of an action which is brought by the depositor against the depositary. in Ass. ACTIO NON. pleading. 60. 376. ACTIO BONAE FIDEI. ACTIO NON ACCREVIT INFRA SEX ANNOS. 1. though without actual force. III. 1 Salk. 68. 314. 1 Day’s Cas. 971 1 Salk. The name. Steph. 321. by the borrower against the lender. 65. & R. t. because it is merely a personal injury. the movables. Dig 241. n. 61. 2.

Com. when the demandant seeks to recover the property. 73. besaiel. covenant. or the post. − 3. as for acts of commission. 1. see these words. See Booth on Real Actions. 68. They are real. Lib. 116. tenements. ACTION. 291. Actions are also divided into positives and negative the former is called an act of commision the latter is the omission of something which ought to be done. replevin. Inst. D 4. Actio nihil aliud est. properly so called. 1 Sell. − 2. P. 1. 2639. A criminal action is a prosecution in a court of justice in the name of the government. and see Actio personalis moritur cum persona. ACTION. injuries. Human actions have been divided into necessary actions. he shall be answerable in trespass. trover. Willes’ Rep. tit. The former are performed freely and without constraint − the latter are performed not by choice. Com. − 1. See also Duress. 162. 3. or such as he can control at his pleasure. 2750. Vinnius. as Mort d’ ancester. Supp. Conduct. 2641. n. Abr. 4. Ab. 134. generale aux Coutumes. D 3. and into free actions. Law. against one’s will or in a manner independent of the will. A. trespass. Ch. Pr. De actionibus. Just. tenements. 4. and formerly. 1. _1. Introd. or those over which man has no control. Writs of entry. In Connecticut and Vermont there is. Actions are voluntary and involuntary. 6. Steph. Actions. b. n. − _1. and. Till judgment the writ is properly called an action. Poth. Law. 4. The actions for wrongs. but not after. of whatever description. Com. Abr. 1 Bos. 4. tit. 5. it is not felony. 285. Roll. are properly reducible to neither of them. and is called an act of omission. See 1 Chitly’s Cr. called the action of book debt. something done. 6 Mass. 41 t. a. See Hob. and detinue. in practice. Finch’s Law. French com. Survivor. Popham. it is clear lie can be punished only for the Iatter. cosinage. an action used which is peculiar to those states. upon disseisin. or alienation. to both the former classes. against one or more individuals accused of a crime. de Societe. or other injuries. PI. 3 Bl. The action of ejectment is a personal action. contra. therefore. were decided. if he kill a man. 8. 1. Writs ancestral possessory. actions. Com. As man is responsible only when he exerts his will. although. Introd. Co. Inst. upon account of the great nicety required in their management. 109. in some degree. Dig. Actions. 330. or hereditaments. intrusion. 9 Bouv. 3dly. 3 Bl. which lie in the per. No. of Scot. Princ. 134. or torts. are trespass on the case. Actions are divided into criminal and civil. Real actions are those brought for the specific recovery of lands. PI. B. By these actions formerly all disputes concerning real estate. Writs of right. 118. and hereditaments only excepted. − _2. or for wrongs independently of contracts. Com. n. Death. Mixed actions are such as appertain. 289 a. 4. n. or hereditaments. 284. a release of all actions is regularly no bar of all execution. 1 Chit. 3 Bouv. 134. shares in a corporation. Every mixed action. Inst. 3. Bac. 15. D 2. Personal actions arise either upon contracts. or it is the form given by law for the recovery of that which is due. the per et cui. Pi. n. assumpsit. 2 Johns. tit. Actions. 4. liv. 86. Rep. Stock in a coompany. Dig. A. des Lois Civiles. In general a man is not responsible for his involuntary actions. and for damages for injury sustained in respect of such property. Contr. A man may be responsible as well for acts of omission. Parties to actions. & Pull. 394. is the name of an action by which either partner could compel his co− partners to perform their social contract. 2. personal and mixed. p. Litt. aid. 2 Swift’s Syst.n. method of trying titles being since introduced by other actions. lib. 6. quam jus persequendi in judicio quod sibi debetur. A civil action is a legal demand of one’s right. See Bac. Actions. personal and mixed. Litt. a count for an assault and battery might be joined with a count for the recovery of a . Real Actions are. 1st. Actions. Steph. behaviour. Com. Vinnius. Co. but now they are pretty generally laid aside in practice. N. Personal actions are those brought for the specific recovery of goods and chattels. 3 Bouv. debt. 2. Com. the specific recovery of lands. 2dly. is also a real action. s. They are either droitural. being brought for the specific recovery of lands. In the civil law.. tenements. or Nuper obiit. and therefore. according as realty or personalty is recovered. 6. 227. or possessory when he endeavors to obtain the possession. tit. 3. Ersk. or for damages or other redress for breach of contract. Poth. a much more expeditious. Nomen actionis latissime patere vulgo notum est ac comprehenders omnem omnino viventis operationem quae passioni opponitur. and the inconvenient length of their process. Pam. ACTIO PRO SOCIO. See these words. 257. this Dictionary. ACTION. Yet it has been ruled that if a lunatic hurt a man. Co. Litt. An action is real or personal. 1. not according to the nature of the defence. Dig. Inst. law. Domat. Pl. 3. Will. The former are account. Steph.

term of Years in land. 7. Actions are also divided into those which are local and such as are transitory. 1. A local action is one in which the venue must still be laid in the county, in which the cause of action actually arose. The locality of actions is founded in some cases, on common law principles, in others on the statute law. 8. Of those which continue local, by the common law, are, lst, all actions in which the subject or thing to be recovered is in its nature local. Of this class are real actions, actions of waste, when brought on the statute of Gloucester, (6 Edw. I.) to recover with the damages, the locus in quo or place wasted; and actions of ejectment. Bac. Abr. Actions Local, &c. A, a; Com. Dig. Actions, N 1; 7 Co. 2 b; 2 Bl. Rep. 1070. All these are local, because they are brought to recover the seisin or possession of lands or tenements, which are local subjects. 9. − 2dly. Various actions which do not seek the direct recovery of lands or tenements, are also local, by the common law; because they arise out of some local subject, or the violation of some local right or interest. For example, the action of quare impedit is local, inasmuch as the benefice, in the right of presentationto which the plaintiff complains of being obstructed, is so. 7 Co. 3 a; 1 Chit. PI. 271; Com. Dig. Actions, N 4. Within this class of cases are also many actions in which only pecuniary damages are recoverable. Such are the common law action of waste, and trespass quare clausum fregit; as likewise trespass on the case for injuries affecting things real, as for nuisances to houses or lands; disturbance of rights of way or of common; obstruction or diversion of ancient water courses, &c. 1 Chit. Pl. 271; Gould on Pl. ch. 3, _105, 106, 107. The action of replevin, also, though it lies for damages only, and does not arise out of the violation of any local right, is nevertheless local. 1 Saund. 347, n. 1. The reason of its locality appears to be the necessity of giving a local description of the taking complained of. Gould on PI. ch. 3, _111. A scire facias upon a record, (which is an action, 2 Term Rep. 46,) although to some intents, a continuation of the original suit, 1 Term Rep. 388, is also local. 10. − 2. Personal actions which seek nothing more than the recovery of money or personal chattels of any kind, are in most cases transitory, whether they sound in tort or in contract; Com. Dig. Actions, N 12; 1 Chit. PI. 273; because actions of this class are, in most instances, founded on the violation of rights which, in contemplation of law, have no locality. 1 Saund. 241, b, note 6. And it will be found true, as a general position, that actions ex delicto, in which a mere personalty is recoverable, are, by the common law, transitory; except when founded upon, or arising out of some local subject. Gould on Pl. ch. 3, _112. The venue in a transitory action may be laid in any county which the plaintiff may prefer. Bac. Abr. Actions Local, &c. A. (a.) 11. In the civil law actions are divided into real, personal, and mixed. A real action, according to the civil law, is that which he who is the owner of a thing, or, has a right in it, has against him who is in possession of it, to compel him to give up the plaintiff, or to permit him to enjoy the right he has in it. It is a right which a person has in a thing, follows the thing, and may be instituted against him who possesses it; and this whether the thing be movable or immovable and, in the sense of the common law, whether the thing be real or personal. See Domat, Supp. des Lois Civiles, Liv. 4, tit. 1, n. 5; Pothier, Introd. Generales aux Coutumes 110; Ersk. Pr. Scot. Law, B. 4, t. 1, _2. 12. A personal action is that which a creditor has against his debtor, to compel him to fulfil his engagement. Pothier, lb. Personal actions are divided into civil actions and criminal actions. The former are those which are instituted to compel the payment or to do some other thing purely civil the latter are those by which the plaintiff asks the reparation of a tort or injury which he or those who belong to him have sustained. Sometimes these two kinds of actions are united when they assume the name of mixed personal actions. Domat, Supp. des Lois Civiles, Liv. 4, tit. 1, n. 4; 1 Brown’s Civ. Law, 440. 13. Mixed actions participate both of personal and real actions. Such are the actions of partition, and to compel the parties to put down landmarks or boundaries. Domat, ubi supra. ACTION AD EXHIBENDUM, civil law. This was an action instituted for the purpose of compelling the defendant to exhibit a thing or title, in his power. It was preparatory to another action, which was always a real action in the sense of the Roman law, that is, for the recovery of a thing, whether it was movable or immovable. Merl. Quest. de Dr. tome i. 84. This is not unlike a bill of discovery. (q. v.) 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 articles usually charged on book. 1 Day, 105; 4 Day, 105; 2 Verm, 66. See 1 Root, 59; 1 Conn. 75; Kirby, 89; 2 Robt, 130; 11 Conn. 205.

ACTION. REDHIBITORY, civil law. An action instituted to avoid a sale on account of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Civ. Code of Louis. art. 2496. 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 the writ which he brought, and yet he may have a writ or action for the same matter. Such a plea is called: a plea to the action of the writ, whereas if it should appear by the plea that the plaintiff has no cause to have action for the thing demanded, then it is called a plea to the action. Termes de la ley. 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, Actions of simple reduction. Ersk. Pr. L. Scot. 4 1, 5, 2. − 1. Proper improbation is an action brought for declaring writing false or forged. 3. − 2. Reduction−improbation is an action whereby a person who may be hurt, or affected by a writing, insists for producing or exhibiting it in court, in order to have it set aside or its effects ascertained, under the certification, that the writing if not produced, shall be declared false and forged. 4. − 3. In an action of simple reduction, the certification is only temporary, declaring the writings called for, null, until they be produced; so that they recover their full force after their production. Ib. 4, 1, 8. 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 which there were precedents were called actiones nominatoe. The statute of Westm. 2, c. 24, gave chancery authority to form new writs in consimili casu. Hence arose the action on the case. Bac. Ab. Court of Chancery, A; 17, Serg. R. 195. 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 parties are said to be actors. The proctor or advocate in the courts of the civil law, was called actor. ACTS OF COURT. In courts of admiralty, by this phrase is understood legal memoranda of the nature of pleas. For example, the English court of admiralty disregards all tenders, except those formally made by acts of court. Abbott on Ship. pi. 3, c. 10, _2, p. 403; 4 Rob. R. 103; 1 Hagg. R. 157; Dunl. Adm. Pr. 104, 6. ACTS OF SEDERUNT. In the laws of Scotland, are ordinances for regulating the forms of proceeding, before the court of session, in the administration of justice, made by the judges, who have a delegated power from the legislature for that purpose. Ersk. Pr. L. Scot. B. 1, t. 1, s. 14. ACTUAL. Real; actual. 2. Actual notice. One which has been expressly given by which knowledge of a fact hos been brought home to a party directly ; it is opposed to constructive notice. 3. Actual admissions. Those which are expressly made; they are plenary or partial. 4 Bouv. Inst. n. 4405. 4. An actual escape takes place when a prisoner in fact gets out of prison, and unlawfull regains his liberty. Vide Escape. 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 registers the acts and constitutions of the convocation. 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, where the plaintiff has sustained no damages, the declaration concludes ad damnum. Archb. Civ. Pl. 169. 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. Dig. Pleader, 2 W. 29. 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 some cause incapable of acting for the time. AD LARGUM. At large; as, title at large, assize at large. See Dane’s Abr. ch. 144,

AD QUEM. A Latin expression which signifies to which, in the computation of time or distance, as the day ad quem. The last day of the term, is always computed. See A quo. QUOD DAMNUM, Eng. law. The name of a writ issuing out of and returnable into chancery, directed to the sheriff, commanding him to inquire by a jury ’What damage it will be to the king, or any other, to grant a liberty, fair, market, highway, or the like. AD SECTAM. At the suit of, commonly abbreviated ads. It isusual in filing pleas, and other papers, for a defendant, instead of putting the name of the plaintiff first, as Peter v. Paul to put his own first, and instead of v. to put ads., as Paul ads. Peter. AD TERMINUM QUI PRETERIIT. The name of a writ of entry which lay for the lessor or his heirs, when a lease had been made of lands or tenements, for term of life or years, and, after the term had expired, the lands were withheld from the lessor by the tenant, or other person possessing the same. F. N. B. 201. The remedy now applied for holdiug over (q, v.) is by ejectment, or under local regulations, by summary prooceedings. AD TUNC ET IBIDEM. That part of an indictment, where it is stated that the object−matter of the crime or offence " then and there being found," is technically so called. N. C. Term R. 93; Bac. Ab. Indictment, G 4. 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 is held quam diu se benegesserit. AD VALOREM. According to the value. This Latin term is used in commerce in reference to certain duties, called ad valorem duties, which are levied on commodities at certain rates per centum on their value. See Duties; Imposts; Act of Cong. of March 2, 1799, s. 61 of March 1, 1823 s. 5. ADDITION. Whatever is added to a man’s name by way of title, as additions of estate, mystery, or place. 10 Went. Plead. 871; Salk. 6; 2 Lord Ray. 988; :1 WUS. 244, 5. 2. Additions of an estate or quality are esquire, gentleman, and the like; these titles can however be claimed by none, and may be assumed by any one. In Nash v. Battershy (2 Lord Ray. 986 6 Mod. 80,) the plaintiff declared with the addition of gentleman. The defendant pleaded in abatement that the plaintiff was no gentleman. The plaintiff de−murred, and it was held ill; for, said the court, it amounts to a confession that the plaintiff is no gentleman, and then not the person named in the count. He should have replied that he is a gentle− man. 3. Additions of mystery are such as scrivener, painter, printer, manufacturer, &c. 4. Additions of places are descriptions by the place of residence, as A. B. of Philadelpliia and thelike. See Bac. Ab. b. t.; Doct. PI. 71; 2 Vin. Abr. 77; 1 Lilly’s Reg. 39; 1 Metc. R. 151. 5. At common law there was no need of addition in any case, 2 Lord Ray. 988; it was, required only by Stat. 1 H. 5. c. 5, in cases where process of outlawry lies. In all other cases it is only a description of the person, and common reputation is sufficient. 2 Lord Ray. 849. No addition is necessary in a Homine Replegiando. 2 Lord Ray. 987; Salk. 5; 1 Wils. 244, 6; 6 Rep. 67. 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 the plaintiff seeks his remedy. Coop. Eq. PI. 8; Bart. Suit in Eq. 20Story, Eq. PI. _26 Van Hey. Eq. Draft. 2. ADDRESS, legislation. In Pennsylvania it is a resolution of both, branches of the legislature, two−thirds of each house concurring, requesting the governor to remove a judge from office. The constitution of that state, art. 5, s. 2, directs that " for any reasonable cause, which shall not be, ground for impeachment, the governor may remove any of them [the judges], on the address of two−third’s of each branch of the legislature." The mode of removal by address is unknown to the constitution of the, United States, but it is recognized in several of the states. In some of the state constitutions the language is imperative; the governor when thus add ressed shall remove; in others it is left to his discretion, he may remove. The relative proportion of each house that must join in the address, varies also in different states. In some a bare majority is sufficient; in others, two−thirds are requisite; and in others three−fourths. 1 Journ. of Law, 154. ADEMPTION, wills. A taking away or revocation of a legacy, by the testator. 2. It is either express or implied. It is the former when revoked in express terms by a codicil or later will; it is implied when by the acts of the testator it is manifestly his intention to revoke it; for example, when a specific legacy of, a chattel is made, and afterwards the testator sells it; or if a father makes provision for a child by his will and afterwards gives to such child, if a daughter, a portion in marriage; or, if a son, a sum of money to establish him in life, provided such portion or sum of money be equal to or greater than the legacy. 2 Fonbl. 368 et, seq. Toll. Ex. 320; 1 Vern. R. by Raithby, 85 n. and the cases there cited. 1 Roper, Leg. 237, 256, for, the

which is called a general adjudication. 28. is entitled to receive. directs that "neither house. which is called an adjournment sine die. M. In the English courts. during the session of congress. or properly authorized officer. shall. 3. all those who perform any part. without the consent of the other. Ev. _34. ADJUDICATION. ADJOURNMENT. ADJUNCTION. (????) s. by sewing. 4. ADHERING. or because one of the law judges of the court was not one of the majority. 1 Bouv. on Lun." Vide Com. the time allowed the debtor to redeem the lands adjudged. in respect the creditor is obliged to take landsfor his money but without penalties or sheriff fees. 4 State Tr. 2. on account of the importance which was attached to it. adhering to the enemies of the United States. By statute 1672. or by painting. in practice. and ratify the decree of adjudication: and the law considers the rent of the lands as precisely commensurate to the interest of the debt. Bro. 5. 3. The fact that a citizen is cruising in an enemy’s ship. Shelf. 634. as by building on another’s land. 1. Vin. a judgment. or is not willing to renounce the possession and ratify the decree. ADJUNCTS. de Jur. a body of men be actually assembled for the purpose of effecting by force a treasonable enterprise. See Diligences. h. 1. which is called a special adjudication. would be an adhering to the enemies of the United States. − 1. h. See Accession. 2. nor to any other place. In these cases. Dig. The giving or pronouncing a judgment in a cause. or transumpts thereof. ADJOURNMENT−DAY. Scotch law. is a day appointed some days before the end of the term.) is declared to be five years. or however remote from the scene of action. s 3. Ab. 499. when the former judges cannot decide in consequence of disagreement. t. Dict. that that in which the two houses shall be sitting. Wolff. whether this unionis caused by inclusion. L. 4 Cranch. as if one man’s diamond be encased in another’s ring. Inst. however minute. t. and who are leagued in the general conspiracy are to be considered as traitors. Trespass. and a fifth part more. 798. when one paints a picture on another’s canvas. in civil law. 4. by construction. See Act 1 Feb. legislative assembly. and 2 Bl. hence these things which are attached to the things of another become the property of the latter. which is called a temporary adjournment. The adjustment of a loss is the settlling and ascertaining the amount of the indemnity which the insured after all proper allowances and deductions have been made. and the expenses of infeoffment. without day. in the same manner. ADJUDICATIONS. Com. Ab. lib. (called the legal reversion or the legal. In this. E 2. The only exception which the civilians made was in the case of a picture. that is. t. to meet again at another time appointed. Ersk. ADJUSTMENT. to try causes at nisi prius. Dig. The debtor must deliver to the creditor a valid right to the lands to be adjudged. Pleader. 15. In English practice. Scot. as when one writes on another’s parchment. 41. or. as by employing the silk of one to make the coat of another. 19. Takes place when the thing belonging to one person is attached or united to that which belongs to another. Propertie. art. If war be actually levied. h. Dig. 9. the creditor must limit his claim to the principal sum. lib. t. 2. giving them aid and comfort. s. with a design to capture or destroy American ships.distinction between specific and general legacies. t. English law. maritime law. Bac. by soldering. and under the same reversion of ten years. as if one’s guard be soldered on another’s sword. art. at which matters left undone on the affirmance day are finished. as. Cleaving to. The constitution of the United States. 310. 2. The constitution of the United States. 126. 16. 404. 1. to consist only in levying war against them or in adhering to their enemies.. n. 3. adjourn for more than three days. Inst. Additional judges appointed to determine causes in the High Court of Delegates. Where the debtor does not produce a sufficient right to the lands. Comm. _374. the accessory follows the principal. by way of actions. before the court of sessions and are of two kinds.. _ 2. interest and penalty. ADJOURNMENT−DAY IN ERROR. The dismissal by some court. 1684. which although an accession. the statute makes it lawful for the creditor to adjudge all right belonging to the debtor.. Certain proceedings against debtors. is a day so called from its being a further day appointed by the judges at the regular sittings. by Lofft. with the compositions due to the superior. defines treason against the United States. 2. such part only of the debtor’s lands is to be adjudged to the principal sum and interest of the debt. 2 Gilb. c. 1224. Pr. 328 . by writing. The act by which one person solemnly charges another to tell or swear to the truth. In this kind. renounce the possession in his favor. 1. special and general. of the business before them. Abr. − 2. Inst. either finally. without demanding a fifth part more. Salk. as a general rule.. and . 2 Tidd. ADJURATION. or joining. drew to itself the canvas.

ADMINICLE 1. This term is used in the eclesiastical law to signify evidence. 257. K. Litt. 595. 617 or it is a written admission of the amounts of the loss as settled between the parties to a policy of insurance. the things saved contribute not according to prune cost. E 9. The circumstances of time and place cause a continual variation in the price of things. law. A term. or if the guardian in chivalry. one of those next in rank to the Com mander−in−chief. B. Co. 20 Laws of Oleron. p. 258. 13 East 304. 148. and the surplusage she hath in dower shall be restored to the heir. Ecel. for proving his allegations. it was decided that to constitute the act of administering the poison. Ins. he must give notice of this to the underwriters iii a reasonable time. 8 Park. 3. Dict. 9 East. In a case which arose under this statute. 346 to 348. under the policy Marsh.& R. is prima facie evidence against them. and must be content to claim only for a partial loss. p. B. 8. shall be ascertained. The quantity of damages being known. and thereby shall be admeasured. may sue out this writ against the wife. It is like a note of hand. A term in the civil. 2 Lee. is. by what rule this shall be estimated. 383.] endoweth the wife of more than one−third part of the land of which she ought to have dower. 8 this Dict. 1 Chit.c. Ins. 1. B. S. in the Scotch and French law. 283. but to take from her so much of the lands as surpasseth the third part whereof she ought to be endowed. Laws of Wishuy. 229 2 S.the proportion of this. Estate in Dower. it was an administering. See Damages. 3 Stark. 2. 148. which is brought to explain or complete other evidence. 2 Inst. & Payne. 14. Com. Marsh. and signed by the underwriters. then the heir. civil law. but that if she took it from a place where it had been put for her by the defendant. R. at full age. and he need not set forth of whose assignments she holds. Bac. and amouuts to an admission of all the facts necessary to be proved by the insured to entitle him to recover in an action on the policy. 4 Carr. 2. 632. Ins. 154. & R. And see 4 Dall. and the iusured decides to abandon. Mer. 3. ADJUNCTUM ACCESSORIUM. law. B. and being proved. the insured is entitled to receive the whole sum insured. 2. 14. B. Wesk. subject to such deductions as may have been agreed by the policy to be made in case of loss. [for the guardian in socage cannot assign dower. "The writ of admeasurement of dower lieth where the heir when he is within age. An adjustment being endorsed on the policy. For this reason. how the quantity of damages for which the underwriters are liable. and endoweth the wife of more than she ought to have dower of. Dig. 1. Merl. the following account of it is given by Chief Baron Gilbert. t. 80. 1 T. ADMINICULAR EVIDENCE. 608. Abbott on Shipp. and see F. or attempt to administer to any person. 39 a. 19 E. .R. The name of a writ which lies where any tenants have common appendant in another ground and one overcharges the common with beasts. ADMINISTERING. for any writing or deed referred to by a party. &c. The price of a thing does not afford a just criterion to ascertain its true value. It may have been bought very dear or very cheap. When a loss is a total loss. Beaw. S. 3. ch. Marsh. ADJUTANT. under his superiors. . c. ADMEASUREMENT OF DOWER. on Uses. every such offender." Gilb. c. ADJUTANT−GENERAL. and the policy is a valued one. 4. Ab. art. Ins. s. with the promise to pay in a given time. p. s. all matters relating to the ordinary routine of discipline in the regiment. attached to every battalion of a regiment.. A staff officer. 3. 379. Eng. 3 Stark. An ancient term for aid or support. Something which is an accessory and appurtenant to another thing. ADMEASUREMENT OF PASTURE. N. 310. This remedy is now nearly obsolete. 4. F. but in such case there shall not be assigned anew any lands to hold to dower. The other commoners. the insured has no occasion to go into proof of any other circumstances. in an action at law. Price. TO ADMINISTER. Repert. 2 S. law for imperfect proof. 369. 14. which each underwriter is liable to pay. tit. Marsh. Ev. 1167. 1. even in England. s. IV. 9 G. It is his duty to superintend. remedies. Ins. The stat. 1. Pr. 367 Dower. A military officer. mot Adminicule. Lex. When the loss is admitted to be total. Dower. the next point to be settled. 430. art. Tech. it was not absolutely necessary there should have been a delivery to the party poisoned. 6 Taunt. 8. eccl. c. C. In adjusting a loss." &c. C. the first thing to be considered is. may sue out this writ against him. in cases of general average. Merchant. Ev. enacts "that if any person unlawfully and maliciously shall administer. 621. B. 15 East. 11. 1 Caines’ R. but according to the price for which they may be sold at the time of settling the average. and any part of it went into her stomach. otherwise he will waive his right to abandon. 1167. c. or shall cause to be taken by any person any poison or other destructive things. N. 2. h. 31. 559. to obtain their just rights.

1 Will. those who administer it in part. the whole authority is vested in the survivors. They sue and are sued in their own names. 358. or dies. government.L. The management of the affairs of the government. besides the usual kind which gives to the administrator the management of all the personal estate of the deceased for an unlimited time. or for a Iimited time. an habitual drunkard. and their joint and several powers. 383. There are several kinds of administrations. To do some act in relation to an estate. An administrator is a person lawfully appointed. like executors. he is sometimes called surrogate. or special. in caseof his decease. with his assent. leaving a part of the estate unadministered. 23. administration de bonis non. Dig. 437. R. this word is also applied to the persons entrusted with the management of the publio affairs. Com. ADMIINISTRATOR. 2 Leo. or some one authorized by him or by the law. gift. the administrator is vested with full and ample power. Ab. 306. 11 Vin. he is generally entitled to a just compensation. possession. of administration. administrator of C D. his rights. are considered as of equal validity as the acts of all. or other person who is incapable of managing his own affairs. which relate to the delivery. which is allowed him as commmisions on the amount whichpasses through his hands. his duties. to manage and settle the estate of a deceased person who has left no executor. had no executor. and. who dies intestate. the time incompetent or unable to act. 2. Administrators are authorized to bring and defend actions. 6. administration durante absentia. administration is the management of an intestate’s estate. C has the right of administration cum testamento annexo. B 12. sale. and to represent him in all matters which relate to his chattels real or personal. and C is the legatee of the residue of A’s estate. 1 Jones. when the grant of administration is unlimited. 1 Harr. E F. See Devastavit. or is incompetent to act. R. judge of probate. and appoint B his executor. General administrators are of two kinds. In general the right of administration belongs to him who" has the right to the vendue of the personalty: as if A make his will. entrusted to an administrator or other trustee by authority of law. − 2. − 4. fourthly. 2 Litt. Crim. when the grant is made with the annexation of the will. Special administrators are of two kinds. or E F v. C. namely: first. by an officer having jurisdiction. By the grant of the letters. or one who is for. 9. trusts. Executor. As to the number of administrators. 315. In a more confinedsense. a minor. to collect the debts due to him. Administrators are general. intestate in the order dire ted by law. Bac. or those who have right to administer the whole estate of the intestate. he is responsible for any waste which. for they have a joint power and authority over the whole. 423. 201. A B. when the former administrator has died. It will be proper to consider. unless restrained to some special administration. Vide Attempt to Persuade. R.. He is bound to use due diligence in the management of the estate. secondly. secondly. first. 225. an administrator . Carr. to take possession of all the personal estate of the deceased and to sell it. When there are several they must. as for example. but. 666. There may be one or more. Ab. 2 Strange. This latter administration is granted when the deceased has made a will. 55. 7. Administration is granted by a public officer duly authorized to delegate the trust. The management of the estate of an intestate. on Wills. this last kind is called an administrator cum testamento annexo. which is the guide to the administrator to administer and distribute the estate. 12 Mod. A B. at the time administration was granted. could legally do. Lo. administrator of C D. such as none but the owner. the number of administrators. in the United States. TO ADMINISTER. 5. ADMINISTRATION. Administration durante minore oetate. 217. 956. act together in bringing suits. − 2. administration cum testamento annexo. first. 3. and either he has not appointed an executor. 8 − 1. Cond. 2. or of the estate of a testator who. trusts. when the administration is limited to part of the estate. He is authorized to pay the debts of the. thirdly. − 1. On the death of one of several joint administrators. 114. in general. may happen for his default. 1 Moody’s C. trusts. ADMINISTRATION. and they must all be sued . as. that is. Administration. 309. 3. the acts of each. administration pendente lite. and the administrator is required to administer the whole estate. v. or release of the intestate’s goods. 1 Croke. 1 Dane’s Ab. under the intestate laws. register of wills and for granting letters of administration. the several kinds of administrators. payment. − 3. L. a lunatic. and he is generally on his appointment required to give security that he will do so. or having appointed one he refuses to serve. It is to be granted to such persons as the statutory provisions of the several states direct. 4. 1 Vent. and in which it will be used in this article. C 4.

Law. as well as upon the high seas. officer. Dig. 5 Co. 508. h. When an executor dies leaving a part of the estate unadministered. 2 Ves. 286. that the death of the executor abroad does not determine the authority of the administrator durante absentia. for any person who owns stock therein. − 3. Executor. Eliz. Doug. 2 Atk. and see. 860. until the latter shall. 323. though his power does not extend to the distribution of the assets. B 1. 524. is to prove to the corporation his right to the property. Roll." and the act of September 24. & Ry. P. of Story’s L. and Adm. 718. 1564. and applied to their own courts. the right to administration. Court of Admiralty. Ab. 2 Id. at common law. Dane’s Ab. 1 Man. which. and perform such other acts as require immediate attention. Lee. also. has given the district court " cognizance of all civil causes of admiralty and maritime jurisdiction. Cro. Executors. t. the administrator appointed to complete the execution of the win is called an administrator de bonis non. 907. B 1. navigation or trade of the United States. The reader is referred to the article Courts of the United States. ADMIRAL. U. 1 Story L. He may maintain suits. 398. Practice. The Constitution of the United States has delegated to the courts of the national government cognizance "of all cases of admiralty and maritime jurisdiction. This administrator is appointed to act as such during the minority of an infant executor. Practice. 2 Gall. 29." is. & Marsh. Bac. 3. − 2. S. 26. 364. Wheat. h. cont. 468. Wms. This term is applied to a woman to whom letters of administration have been granted. before he has proved the appointed to administer the remainder. in corporations or companies. uniformly applied to courts exercising jurisdiction over maritime contracts and concerns. 1696. Ab. & B. An administrator pendente lite. or. Bett’s Adm. 313. 2 Gall. 1 Ball & B. R. 90. the rights and privileges of a member. t. 6 Sm. Courts of Admiralty. Administrators of this kind are. to 476. Ab. 1. Ab. Index. either by original subscription or by conveyance. & Pull. and holds the property only till the suit terminates. is seventeen years. This office does not exist in the United States. and the authorities there cited. The name of a jurisdiction which takes cognizance of suits or actions which arise in consequence of acts done upon or relating to the sea. France. Ibid. The powers of such an administrator cease. In some countries is the commander in chief of the naval forces. 4 Sharsw. Clerke’s Praxis. 10. The administrator pendente lite is merely an officer of the court. Civ. generally. 505. 1 Dall. It is as familiarly known among the jurists of Scotland. ADMISSION.. An administrator durante absentid. Com. Roll. as of England. Const. In England it has been holden. Bac. 4 Hagg." including all seizures under laws of imposts. 192. 529. 1 U. 1 Ball & B. Serg. 56. In the great maritime nations of Europe. Administration pendente lite may be granted pending the controversy respecting an alleged will and it has been granted pending a contest as to. 2 Cas. 3 Mass. The powers of this administrator continue until the return of the executor. 1. 2. 1 Kent’s Com. U. 3 Bos. within their respective districts. h. Holland and Spain. sell a sufficiency of the personal property to pay the debts. cum testamento annexo. 6 Vin. 2 Chit. It is not within the plan of this work to enlarge upon this subject. Administrator. possessing substantially the same jurisdiction as the English Admiralty had in the reign of Edward III. He may sue and be sued. 2262. sen. 192. Vide. the term " admiralty jurisdiction. Dig. and cannot be refused. 102. Ab. 12 Bro.. The act of the corporation or company by which an individual acquires the rights of a member of such corporation or company. t. t. . 1789. 396. Admiralty Courts. 97. His powers extend to administer the estate so far as to collect the same. An administrator durante minore oetate. temp. tit. In trading and joint stock corporations no vote of admission is requisite. He has all the powers of a common administrator. is in general entitled to. Ab. and. Bac. 2. 2 P. Merl. of all transactions and proceedings relative to commerce and navigation. but by statutory provision in several states twenty−one years. is one who is appointed to administer the estate during the absence of the executor. XIII. 325. Repert. See 8 Pick. 3. R. 1 Hagg. Encyclopedie. 323. and to damages or injuries upon the sea. 353 to 380. then his powers cease upon the probate of the will by the executor. as soon as the infant executor attains the age at which the law authorizes him to act for himself. Sw. R. When the authority of the administrator is limited as to time. Secondly. attain his lawful age to act. 110. 3 Id. Dig. where he will find all which has been thought necessary to say upon it as been the subject. and he is called an administrator de bonis non. sell bona peritura. 258. All that can be required of the person demanding a transfer on the books. Ab. S. Index b.. 9. S. 60. ADMIRALTY. Law. 11. See Administrator. 1 Ves. Dunlap’s Adm. by vessels of ten or more tons burden. in other words. Godolph. B 1 . ch. Collectanea Maritima. where the seizures are made on waters navigable from the sea. 905. Bac. 589. 20 s. ADMINISTRATRIX.

to act upon his admission or declaration. Stat. The state courts have varied in their decisions some have adopted the English rule. (q. it is not in general conclusive evidence. c. 9 Cowen. I am constrained to admit. one and the same thing. I am no longer at liberty to deny or refuse either. 563. 133. 8. 139. − 2. 1 Pet. 245 . 422. and to matters of fact in criminal cases. Com. it is not the admission which forms a contract. and.) is generally considered as an admission of guilt. 4. and admission has reference to au agreement or a fact anterior for properly speaking. of the admission itself and. 7 Yerg. Ag. see 3 Johns. and has not induced others. 11. with respect to the parties to be affected by it. 637. 536. P. Ib. There is still another remarkable difference between admission and consent: the first is always free in its origin. by wife. tit. 9. − 5. secondly. 2 M’Lean. See 10 Johns. 216. By one of several persons who have a community of interest. admission is identified with consent. 2. nor derived any benefit from it against his adversary. Where the admission or declaration is not direct to the question pending. 189. with respect to the parties to be affected by it. this rule has been partially changed by act of parliament. 203 1 Stark. 126. a rule. An admission is the testimony which the party admitting bears to the truth of a fact against himself. 77−82 3 Paley Ag. and they are both the manifestation of the will. The admissions of the party really interested. 104. 351. as to the nature and manner of the admission. 400. 1828. it has been held. B 5. v. 7. although he is no party to the suit. I may refuse to consent to a proposition made to me. in others it has been overruled. p. 74. although admissible. 2 Bouv. be is not bound by it. 9 Geo. 15 Johns. Ev. Colly. 249.) In the Supreme Court of the United States. R. As to admissions made after the dissolution.4. The admissibility and effect of evidence of this description will be considered generally. but once my consent is given. & Selw. 17 S. 0 7 T. Inst. in fact. or where he. after the dissolution. 11 Pick. The admission is. Instances of thing second class of admissions which have induced others to act upon them are those where a man has cohabited with a woman. According to the English decisions. In the first place. _324. pt. 315. 66 Ib. 3 1. By an attorney. pt. obligation or engagement. the truth of which is acknowledged. Lect. of the partnership. that a person may become a member by insuring his property. the admissions of one partner. [An admission and consent are. show that he has acted illegally andimmorally. 424 1 Marsh. are evidence. 1 Taunt.. R. 1 M. 17. But notwithstanding all these differences. 112 . or the action committed. 4 Paige. Com. he cannot in the one case deny her to be his Wife when sued by a creditor who has supplied her with goods as such. against the party admitting. 14. in which case he is. − 2. Paley. 65. R. 1 Phil. n. 3 Serg. 87. 1 Camp. 534. in evidence. 2 Esp. the latter. The term admission is usually applied to civil transactions. 1 Dall. Dig. resulting from the agreement or the fact. Ev. on Part. are evidence against both. 1 Phil. Ev. 5. The evidence in such cases is merely presumptive. 1517. (Kentucky) R. 47. IV. R. Ev. and treated her in the front of the world as his wife. 1. Evidence. 1 Salk. R. R. or. R. when the admissions themselves are proved. unless indeed for more exactness we say. nor in the other can he divest himself of the character be has assumed. Story. − 1. 3 Kent. 282. the reverse of the English. springing out of. has been adopted. The admissions of a partner during the existence of a partnership. it seems. paying the premium and deposit−money. 1 Wils. 9. & R. It is a voluntary act. 2 Mass. by its nature. 257. yet if he is not guilty of any breach of good faith in the existing transaction. estopped. 6. but every fact which it recites. and though a party may by falsifying his former declaration. 409. R. or. Peake’s C. where there is no criminal intent the term confession. R. R. 49. that consent is given to a present fact or agreement. have been holden to bind the other partner. In a Mutual Insurance Company. − 3. ii. 7 T. − 12. p. 81. & R. with a view to induce others to act upon the representation. only the proof of a pre−existing obligation. ana supported by the original consideration. Estoppel. mainly on the ground. 4. 4. 10. that the admission is a new contract or promise. − 3. under the penalty of dis−honor and infamy. and rendering himself liable to be assessed according to the rules of the corporation. not only from disputing the deed itself. R. Stark. B. R. Concessions by a party of the existence of certain facts. (May 9. Secondly. has held himself out to the world in a particular character. with respect to the nature and manner. − 4. 2 Whart. These admissions are generally evidence of those facts. it is an unconnected or casual representation. 15 Johns.] 3. always morally forced. p.which he acknowledges as true the fact in dispute. By an agent. By a party to a suit. 4 Camp. C. N. and liable to be rebutted. abstain from a fact or an action which would subject me to an obligation . ADMISSIONS. it is either made with a view to evidence. 298. Dig. 43. As an instance of admission made with a view to evidence may be mentioned the case where a party has solemnly admitted a fact under his hand and seal. 186. 4th ed. Partn. 203−207. . Stark.

2. See 1 Troub. Ev. as a tacit admission that such acts could not be legally resisted. in pleading. Abr. h. A writ associating certain persons to justices of assize. and for females at twelve years completed. part 4. and intimating to him. law. As for instance. and he has not contradicted it." without adding a qualification such as. Abr. that "he has been informed. ADMIITENDO IN SOCIUM. Eng. 144. 215. 13. Gresl. admissions are said to be plenary and partial. Admissions are express or implied. the attorneys on each side consent to admit." but also when he simply asserts. ADOLESCENCE. C. Different statutes and rules have been made to regulate their admission. c. vol. and to make it part of his case. ii. has been asserted in his presence. Evidence. and taken as proved on each side. and may be presumed.) in order to exclude it from the issue taken or the like. and therefore makes an express admission of such matter (which is sometimes the case. that should he be guilty of the same fault for which he has been admonished. repeating such of the allegations of the adverse party as are meant to be admitted. of attorneys and counsellors. 434. and continues till twenty−one years complete. Vin. They are plenary by force of terms not only when the answer runs in this form. The act of giving possession of a copyhold estate. reciprocally. 4. 471. " Because he says that although it be true that" &c. and therefore does not admit the same. A reprimamd from a judge to a person accused. c. and generally speaking. 2. p. warning him of the consequences of his conduct. 450. A. Civil Francais. in a direct line. PI. Ev. when the existence of the debt. s . which if wrongfully done. An admission may be implied from the silence of the party. Where one party means to take advantage of. Droit. And an aquiescence and endurance. Inst.Nott & M’C. Com. it is of three kinds. "admissions " in the cause. Dig. 319. are evidence. See 1 Chit PI. 18. Pl. To entitle counsellors and attorneys to practice in court. generally. b. See Prote stando. tome 10. The usual mode of making an express admission in pleading. " We agree that the above facts shall on the trial of this cause be admitted. when acts are done by another. on being discharged. 38. Confessions. . as a species of punishment for slight misdemeanors. which is always taken for granted. 30. or rely upon some matter alleged by his adversary. A. Ev. Arcbb. 375. and the. 3073. he will be punished with greater severity. See. unless some objection be made to them. Eq. as if either party states the title under which his adversary claims. ADMONITION. Toullier. Lawes’ Civ. 1 Phil. namely uponavoluntary grant by the lord) upon a surrender by the former tenant and upon descent. p. ADMISSIONS. b. 16. as livery of seisin is of a freehold. and call for resistance and opposition. Pr." Partial admissions are those which are delivered in terms of uncertainty. after saying that the plaintiff ought not to have or maintain his action. Express admissions are only matters of fact alleged in the pleadings. 2. A term employed by the Romans to designate male descendants in the fifth degree. in which instances it . 3 Bouv. Vide Reprimand ADNEPOS. Confessions. Examination. p.. Evidence L. and believes it to be true. That age which follows puberty and precedes the age of majority. See 2 Stark. 374. attorneys shortly. 1 Greenl. 5. 2. this Dict. in practice. 600. t. n. ADMISSIONS. Stark. part 1. Admissions. to a protestation. These are usually reduced to writing. are encroachments. add to this effect. 2 Evans’ Pothier. Ev. This term is used in making genealogical tables. 1. with explanatory or qualifying circumstances. Repert. it never being necessary expressly to admit their legal sufficiency. that in order to save expenses as to mere formal proofs. Bac. 3. 143. 8 East. ADMISSIONS. Testemoigne. certain facts in the cause without calling for proof of them. Merlin. _169−212. or of the particular right. law. each attorney takes one. But where the party wishes to prevent the application of his pleading to some matter contained in the pleading of his directly opposite in its nature to a protestation. It. In chancery pleadings. ADMITTANCE. Civ. & Haly’s Pr." and signing two copies now called. tit. Blake’s Pr. persons. Addenda.. mixed up as they frequently are. is. The admonition was authorized by the civil law. 7. "that he does not know it of his own knowledge to be so. frequently occurs in practice. to proceed thus. it commences for males at fourteen. when be says. "the defendant admits it to be true. 1 Arch. he ought to admit such matter in his own pleadings. &c. 23 Ib. it is somewhat similar in operation and effect. namely. they generally require a previous qualification by study under the direction of some practicing counsellor or attorney. they must be admitted by the court to practice there. 2. An express admission is one made in direct terms. tit. 549. Eng.

generally. t. 2 Yeates. 2 lb. It never was in use in any other of the United States. 8 Greenl. 2 N. R. 421. on Wills. 75. 50. 8 Pick. 43. R. by Raithby. R. 267 10 Conn. h. 492: 14 Pick. 9. 7. similar in most respects to those which exist in the English statute of distribution. 31. 173. 2 Dall. 333. Marriage. that the guilty party shall at the time be married. ADULTERINE. 2. As to proof of adultery. 4 S. Dig. 108. C. 5 Rawle. the unmarried of fornicatiou. 2. 86. 17 Mass. 449. H. 466. 540. 627. see 2 Greenl. ADULTERY. Trusts. 16 Mass. Barr. 5. from the real and personal estate. R. t. 158. Co. There are in the statute laws of the several states provisions relative to real and personal estates. D. equal or superior to the amount in value of the share of such child which would be due from the real and personal estate. See also Coop Just. 3dly. the gift must be made by the father and not by another. but see 2 Blackf. 2 Fairf. sufficient to make up the deficiency. To constitute an advancement by the law of England. 3 Conn. 333. 391 4 S. 1. 57. 62. R. In the old records this word does not signify the offence of adultery. 88. 57. & R. If any child of the intestate has been advanced by him by settlement. 359. if a female. ADULTERIUM. but the fine imposed for its commission. R. 5 Watts. 91. R. 518. 13. 130. on Pres. if a male. 312. 1. The act by which a person chooses another from a strange family. 84. 3 Conn. of the civil code of Louisiana. 4 N. S. 3. 372. R. concerning an advancement to a child. R. 856. 167. Merl. Repert. Bac. 136. 10. Act 19 April 1794. tea. 80. But if the advancement be not equal. n. that he or she shall willingly commit the offence. 5 Day. as. 6. 121. 6 Whart. and in case of his death. 1 S. 87. 200. 58. 1 Swanst. then such child and his descendants. h. Wash. in the United States. criminal law. 213. 515. 31. not even by the mother. 318. An infant who. for a woman who has been ravished against her will is not guilty of adultery. 634.and the like. 4 Mass. 21. 15 Ves. Eq. 225.) 1 Yeates. 5 Paige’s R. 4 S. 427. t. then such child. 680. Rep. 5 Ves. & R. a criminal conversation. Prel. 4 S. _9. du Droit Public. & R. 1 Tho. to have all the rights of his own child. Domat. (q. under twelve. Lit. under fourteen years of age. & R. 59. n. liv. has attained his full age of fourteen years. Act 8 April. 4 Pick. 7 Conn. 3 Do. The elements of this crime are. 433. and if a girl. v. 2dly. 2 Rob. This term denotes the act of mixing something impure with something pure. is fine and imprisonment. 216. In case of a debt. 15. _16. 278. 1 Watts & Serg. h. In England it is left to the feeble hands of the ecclesiastical courts to punish this offence. 6 Watts’ R. The advancement. 159. if no such advancementhad been made. In Pennsylvania a gift of real or personal estate by the father or mother may be an advancement. A debt due by a child to his father differs from an advancement. ADVANCEMENT. Mass. 575. 8 S. 1 S. ADROGATION. 6 Watts. R. 11 John. 4. or both. From ad and alter. by anticipation of whathe might inherit. 370. t. 203. Wms. Dig. if a boy. are entitled to receive. note. are excluded from any share in the real or personal estate of the intestate. In the common law an adult is considered one of full age. 11 John. 6.. is either express or implied. 10 Watts. 135. 93. 355. 2. 254. Bac. 358. U. R. either out of the real or personal estate. Math. R. 5 Pick. or a married and unmarriod person. 6 Watts & Serg. to mix an inferior liquor with wino. civil law. 137. As to what is an implied advancement. Adultery in one of the married persons is good cause for obtaining a divorce by the innocent partner. Supp. ADULT. 1 Supp. 3 Yerg. 345. 17 Mass. The punishment of adultery. 17 Mass. 8 Mass. 721. whether any other property be left by the deceased or not. 1. 6. 13. 149. A term used in the civil law to denote the issue of an adulter− ous intercourse. on the Stat. ADULTERATION. Jr. see 2 Fonb. 1st. civil law. 1 Vern. Wright. 17. That which is given by a father to his child or presumptive heir. R. The married person is guilty of adultery. 81. Rep. 3. 128. 10. By art. 333. R. Toll. whereas. 835. R. the money due may be recovered by action for the use of the estate. 1. 6 Verm. 2. 311. au inferior article with coffee. 3. her full age of twelve. Ab. 1. 9. 301. The adoption of one who was impubes. R. 527. See 1 Pick. R. and no more. 143.. another person. See Nicholas on Adulterine Bastardy. s. 348. 339. & R. 2 Yerg.. Rep. and post Collatio bonorum. 309. that there shall be an unlawful carnal connexion. to Ves. in the civil law. 95. 4. 5 Vez. generally. 7 Greenl. 232. _40. 5 Rand. Domat. t. 390. 318. Liv. his descendants. 5. 501. and a woman married to another man. 7 Conn. 8. 4 Whart.. 6 Rand.ADOPTION. 4 Kent. 2 P. The . l Swanst. 1833. and see Arrogation. an advancement merely bars the child’s right to receive any part of his father’s estate. & M. 5 Hayw. that is. 553. between a man married to another woman. 437. 6 Conn. 124. Ab. See. Dig. Com. & R. unless he brings into hotch pot the property advanced. it is abolished in that state. 1 Ch. 7. 91. R. C. 356. & R. 9 Mass. 5 Watts. Cas.

R. R. general average. 517. 396. 589. 10 Watts R. 174. 364. 9. as. n. C. The agent or factor has a right not only to advances made to the owner −of goods. 2 Bouv. 40. or for the benefit of his principal. the statute. n. Rep.− 1. This just rule coincides with the civil law on this subject. Rapport a succession. When the possession or enjoyment has been adverse for twenty years. money on the credit of goods belonging to the principal. 17. and took the profits for twenty years. ADVERSARY. as. have issue two sons and die seised. 315. on Wat. 303. R. by Lloyd. however. See 2 Smith’s Lead. R. R. 479. expenses and dishursements of the agent must. 467 15 East. and died. Courses. Cowen. adventitius. Co. or the usage of trade. or due to the agent. of limitations will not operate against the other son. bill of. 251. or such estate as lies in grant. contracts. Poth. under such circumstances as indicate that such enjoyment has been commenced and contiuued. 1 Dall. 2 Watts. de Jurisp. Story on Bailm. R. to testify that the goods shipped on board a certain vessel are at the venture of another person. R. 3 Greenl. The advances. lib. 677. Journ. but to interest upon such advances and dishursements. See Misadventure. Said to take place when. 2. law. 17. 6 Cowen. under an assertion or color of right on the part of the possessor. 3 East. ADVENTITIOUS. 226. 466. Dict. Cowp. before entry made by his brother. Goods sent abroad under the care of a supercargo. & Rawle. 1340. and afterwards the heirs of John and a stranger entered. R. a factor or agent pays to his principal . Actual possession is a pedis possessio which can be only of ground enclosed. what comes incidentally. the receipt was held not to be adverse to the title of the trustee. R. 6. is called an adventure. ADVENTURE. 3 Id. & R. In such case the factor or agent has a lien to the amount of his claim. 6 Binn. 2 Serg. From advenio. where. to be disposed of to the best advantage for the benefit of his employers. R. Inst. 1 H. a dowry or portion given by some other friend beside the parent. When the advances and dishursements have been properly made. n. where Paul devised lands to John and his heirs. the law intends that he entered claiming as heir to his father. Cas. 550. Bl. without any interference. t. ADVANCES. of France in respect to advancements is stated at length in Morl. 2 Wash. for when the abator entered into the land of his father. and all other acts done to preserve the property of the principal. Techn. Liverm. fall to a man otherwise than by inheritance. the rents of a trust state were received by a cestui que trust for more than twenty years after the creation of the trust. He can have no constructive possession. it may be fairly presumed to be stipulated for. 295. in the possession of the factor or agent. Rep. et seq. whenever from the nature of the business. 2 Bouv. 4. 38. of which the jury are to judge from the circumstances the law raises the presumption of a grant. When. 109. 223. 355. − 2. on Ag. or the particular agreement of the parties. but also for expenses and dishursements made in the course of his agency. 85. Dig. such as incidental charges forwarehouse−room. 931. R. of the trustee. 1. freight. list. 402. upon ejectment brought by the devisee of the heir of John against the stranger. 289. 4. 12. and John died. it was held that the perception of the rents and profits by the stranger was not adverse to the devisee’s title. 4 Bibb. or adventitia dos. 3 Binn. 3 Penn. or are to be placed. without any default on his part Liv. 2 Burr. mer. he himself being answerable only for the produce. 56 Paley on Ag. 8 Con R. When both parties claim under the same title. But this presumption arises only when the use or occupation would otherwise have been unlawful. 617. 9. − 3. have been made in good faith. the agent is entitled not only to the return of the money so advanced. 5. 1341. 440. 394. 7 Serg. ADVENTURE. 8 East. 67. 14−16. a sum of. such ppssession being consistent with and secured to the cestui qwe trust by the terms of the deed. 5 Pet. of Law. There are four general rules by which it may be ascertained that possession is not adverse. Ang. 307−416. 4 S. goods that. 18 John. Rep. law. if a man seised of certain land in fee. 1 Pick. salvage. crim. on Ag. 392. 416. out of his own moneys. A writing signed by a merchant. these will be separately considered. 120. The enjoyment of land. 2 Aik. by which title the other son also claims. and to enable the agent to accomplish the objects of the principal. 2. 248. title to lands. 3. the claimant has never been out of possession. us adventitia bona. ADVENTURE. R. 192. 74. 146. When the possession of the one party is consistent with the title of the other. One who is a party in a writ or action opposed to the other party. 3 Caines’ R. on account of. Pand. 456. Litt s. 3. for when . Story on Ag. Smith on Merc. 132. as. _335. in order to reimburse himself out of the proceeds of the sale. which are placed. ADVERSE POSSESSION. 197. 6 East. 23. and one of the sons enter by abatement into the land. & R. and only such possession can a wrongdoer have. 3 Camp. in contemplation of law. 527. 478. are to be paid fully by the latter. journeys. 1. duties. R. 7 Wend. John.

He who possesses this right is called the patron or advocate. v. AFFECTION. h. Hawk. practice. Advowson. Pleaders appointed by the church to maintain its rights. Dict. 7. Signifies either "to affere an amercement. ADVOCATUS. 112. by which a party in an action applies to the supreme court to advocate its cause. a narrator. when goods are forwarded by sea or land. 2 Bouv. Lord Raym. A college consisting of 180 persons. &c. 2. English law. voce Advocatia. where two must join the presentation. or the discharge of some other duty or service. This sometimes signifies the quality. Per. is termed advice of goods. ADVOCATIA. and without regard to the consideration whether it will affect the client favorably or unfavorably. An officer who maintains or de fends the rights of his client in the same manner as the counsellor does in the common law. AFFEERERS. consultation. to mitigate the rigor of a fine. See Du Cange. h. A ’notice’ published either in handbills or in a newspaper. 1. and advocating the action to itself. − Advowson presentative. 412 a. The opinion given by counsel to their clients. 3. civil and ecclesiastical law. ecclesiastical law. where the patron presents to the bishop. it is called a lapse. or he neglects to exercise his right within six months.two men are in possession. it may avoid the contract. ADVOCATION. 2. Pr. where there are two several patrons and two incumbents in the same churcb. These letters are intended to give notice of the facts they contain. when it depends upon a manor. Dane Ab. and. the letter transmited to inform the consignee of the fact. Techn. 717. to prosecute capital crimes. this should never be done but upon mature deliberation to the best of the counsel’s ability. 542. n. if a lease be granted for a term. 4. or "to . 2351. ADVERTISEMENT. a title is given to the ordinary to collate to a church. when it belongs to a person and not to a manor. A patron who has the advowson or presentation to a church. 344. ADVISEMENT. all actions before the lords of sessions. Inst. the advertisement is in general equivalent to notice. e. ADVICE. as the court holds the case under advisement. − Advowson donative. e. Diet.) when there is no patron. 1. Ab. as. t. Mirehouse on Advowsons. Letters of advocation. c. and if there be a material misrepresentation. 1 Chit. Lord Advocate. Bract. 2193−94. Simony. officer of state in Scotland. and to call the action out of an inferior court to itself. Honorarium. a right of presentation to a church or benefice. of one incumbent. (q.. Tech. − A moiety of advowson.. − 2. t. 21. or description of the property to be sold. Kapp’s R. com. A letter containing information of any circumstances unknown to the person to whom it is written. &c. appointed to plead in. Dict. English law. Law. in these cases. 5. Consideration. as Advowson appendant. deliberation. i. pawning. Techn.. An. − 4. When an advertisement contains the terms of sale. See Bos. & Cr. Ayl. TO AFFERE. The law in many instances requires parties to advertise in order to give notice of acts which are to be done. when a presentation is made by one who has no right it is called a usurpation. the tenant hold for twenty years without paying rent. contracts. − Advowson of the moiety of the church. 329. v. 8 B. appointed by the king. ADVOCATE. or mortgaging a thing to assurp the payment of a sum of money. or letter of advice. 372 b. c. Scotch law. discharging the inferior tribunal from all further proceedings in the matter. A pleader. Those who upon oath settle and moderate fines in courts leet. ADVICE. 2 Bl. Burn’s Eccl. A writing drawn up in the form of a petition.. − Advowson of religious houses. Advocatio.31. 3. & P. Dig. price. College or faculty of advocates. When one merchant draws upon another. ADVOWSON. Index. This proceeding is similar to a certiorari (q. Cruise’s Dig. See Counsellor at law. are the decree or warrant of the supreme court or court of sessions. it will bind the seller. When the occupier has acknowledged the claimant’s titles. From advow or advocare. called a bill of advocation. Church or ecclesiastical advocates. Com. or the territorial jurisdiction of an advocate. that whicb is vested in the person who founded such a house. 2. civil law. − Advowson in gross. law. or at least entitle the purchaser to a compensation and reduction from the agreed." i. Quare Impedit. Advowsons are of different kinds.) issuing out of a superior court for the removal of a cause from an inferior. where the king or patron puts the clerk into possession without presentation. Com. he generally advises him of the fact. 2. and at other times the privilege. Bac. or functions. _20. 295. after paying the rent for the land during such term. 53. to advise about the making and executing the law. the law adjudges it to be the possession of him who has the right. his possession will not be adverse. The making over.

by blood. Ev. A plighting of troth between a man and woman. Litt. A person cannot. AFFIDARE. and gives to the wife the same reciprocal connexion with the relations of the hushand. AFFINITAS AFFINITATIS. 1 Chit. 3. v. This word is used by some authors as synonymous with marriage. or give fealty. show a distinct cause of action. neither does it extend to the nearest relations of hushand and wife. An oath or affirmation reduced to writing. so as to create a mutual relation between them. AFFIDATIO DOMINORUM. is made by a defendant or a person knowing the facts. B. Ab. AFFINITY. sistors. 4. Vide Harr. receive an inheritance from a relation by affinity. Pothier. 18 Com. h. her brothers. 34. See Dig. art. 8 Watts. tit. 104. S. Eng. are allied in the same way to my wife. is in many cases required before the defendant can be arrested. practice. s. to give a pledge. whereas an affidavit is always taken ex parte. her uncles. Co.affere an account. contracts. 59 note. i. −−−| My Father | |My brother | | |and my wife’s | | |sister are |−−−−−−−−−−−−−−−| |−−−−−−−−−−| |not allied | | | | |to each other My brother Ego −−−− My wife. but between the kinsmen of both. &c. nor between one of spouses and the kinsmen of the other. It differs from a deposition in this. 165. Dig. AFFIDAVIT. and must state. n. 19. as that in which she herself stands towards them. Sell. 1st. (q. 1 Ashm. Ego −−−−− My Wife 0 My wife’s sister −−−| | | 0 My wife’s niece −−−| My wife’s father. R. &c. 39. t. Dict. 2dly. the connexion between the hushand’s brother and the wife’s sister. | 3. 3. R.. are allied to me by affinity. sworn or affirmed to before some officer who has authority to administer it. 24. the relations. affinity is the tie which exists between one of the spouses with the kindred of the other. To plight one’s faith. as. An affidavit of defence. s. Law. . 6. h. Extrav. Vide Bac. 1. and my brothers. Eq. in which must be stated a positive ground of defence on the merits. that in the latter the opposite party has had an opportunity to cross−examine the witness. 23. the whole must be clearly and certainly. 3dly. an indebtedness from the defendant to the plaintiff. It has been decided that when a writ of summons has been served upon three defendants. t. 99. An oath taken by a lord in parliament. It is used in contradistinction to consanguinity. part 3. and only one appears. My wife’s sister. thus. R. such affidavit must be made by a person who is acquainted with the fact. 1. e. a. 4. n. C. Litt. Cunn. Pr. t. to confirm it on oath in the exchequer. AFFIANCE. fidelity by making oath. Id. Inst. 413.) It is no real kindred. law. her sisters." that is. See Pothier. of my wife. But my brother and the sister of my wife are not allied by the ties of affinity: This will appear by the following paradigms My wife’s father −−−| | | | | −−−−−−−−−−−−−−−−−| | | | |−− are all allied to me. R. which places the hushand in the same degree of nominal propinquity to the relations of the wife. Traite du Mariage. From affidare or dare fidem. defines it to be a an agreement by which a man and a woman promise each other that they will marry together. 2. a judgment for want of an affidavit of defence may be rendered against au. 1 Code 5. ch. 8. This connexion is formed not between the parties themselves. The degrees of affinity are computed in the same way as those of consanguinity. Ersk. Gresl. That connexion between two persons which has neither consanguinity nor affinity. 2. 4. A connexion formed by marriage. Affinity or alliance is very different from kindred. 1. Affidavit to hold to bail. expressed. note 2. 367. h. by legal succession. Kindred are relations. Traite du Mariage.

Merl. AFFORCEMENT OF THE ASSIZE. A solemn declaration and asseveration. if to an action of assumpsit. As no proper issue could be tendered upon such plea the plaintiff should. to be held a few days after the beginning of every term for the general affirmance or reversal of judgments. 1. 3. 185. Gould. provided there remain of the jurors summoned many as the major party of the dissenting jurors. Comb. Rep. &c. de Droit. for example. PI. the (prenotarius) prothonotary. viz. implying some negative. generally. which is not binding upon him. a replication that he did undertake. by directing the sheriff to keep them safely without. R. 3. 57. as when the supreme court affirms the judgment of the court of common pleas. Dig. 37. within ten years. Ab. laws have been enacted which partially relieve persons who. as. an affirmative statute. 307. 4. 305. One who makes affirmation instead of making oath that the evidence which he is about to give shall be the truth. it will be in the discretion of the judges. The confirmation of a voidable act. &c. H. S. The jurors then retire and confer together. practice. c. 298 . AFFIRMANT. the negative must be proved. 220." &c. Ev. if he shall be guilty of wilfully and maliciously violating his affirmation. Rep. PI. 2. b. R. R. which a witness makes before an officer. the laws which allow freedom of religious opinion. would be an affirmative pregnant. 113. N. to afforce the assize by others. all witnesses who declare themselves conscientiously scrupulous against taking a corporal oath. Civ. 210. An affirmative allegation. subject to the mortgage. In France. that which is opposed to negative. have received the liberal construction that all persons are to be sworn or affirmed according to the dictates of their consciences. since it would impliedly admit that the defendant had not promised within six years. AFFIRMANCE. H.2. 381. 4. Eccl. are permitted to make a solemn affirmation. It is a general rule of evidence that the affirmative of the issue must be proved. See 10 N. It consisted in adding other jurors to the panel of jurors. For the violation of the truth in such case. 1 Phillim. to tell the truth. 292 a) and by the author of Fleta. AFFIRMATION. B. he will thereafter be bound. Old English law. for that reason. (fo. do solemnly. 3.) 2. 6. P." The justices also repeat for the instruction of. 1 Roll. R. AFFIRMATiVE. AFFORCE. &c. when an infant enters into a contract. 38. 194. 4. where the party declares his determination of fulfilling the contract. Or it may be implied. that is. Lawes. as if be had been sworn. & R. &c. 561. 203. 3 B. The oath having been administered to the jury. meat or drink until they agree. with a full knowledge that it would be void without such confirmation. To be binding upon the infant. 1. because every man is presumed to do his duty and in that case they who affirm he did not. Steph. and see 5 M. as. mot Serment. as if he had been sworn. Dudl. 2. or to testify under an affirmation. 1091. sincerely. The form is to this effect: "You. _2. where an infant mortgaged his land and. as. practice. is a day appointed by the judges of the common pleas. P. after the cause had been committed to them. Inst. and truly declare and affirm. He is liable to all the pains and penalty of perjury. Averring a fact to be true. 56. which is barred by the act of limitations of six years. demur to it. An ancient practice in trials by jury. To ratify or confirm a former law or judgment. competent to administer an oath in a like case. whether such a one unjustly and without judgment disseized such a one of his freehold in such a ville within three years or not. Peake. 2. addressed them thus: "You will say upon the oath you have taken. conveyed it. A B. In the English Court of Exchequer. practice. and a quaker’s affirmation has been received and held of the same effect as an oath. as if it had been made when of full age. as well criminal as civil. R. 10. 1 Eng. or they may compel the same jurors to unanimity. for example. Pleas. 83. AFFIRMANCE−DAY. N 6. 1 Mass. cap. and barons of the exchequer. the defendant pleads that be did not undertake &c. in favor of the adverse party. TO AFFIRM. the jurors the plaint of the plaintiff. Affirmation also means confirming. practice. R. 298. To make an affirmation. 15 Mass. 6 29. v. 9. C. and this in all cases. Quest. N. An affirmance may be express. But when the law requires a person to do an act.& P. must prove it. 2. PI. will render him guilty and punishable. the witness is subject to the punishment of perjury " as if he had been sworn. for example. AFFIRMATIVE PREGNANT. In the United States. 3. at full age. but a more acknowledgment is not sufficient. (q. If the jurors differ among themselves and cannot agree in one (sententiam) finding. which is explained by Bracton. the affirmance must be made after arriving of age. Pleading. In England. if. _1. lib. 5. and the neglect of it. have conscientious scruples against taking an oath. 10 N. 72. The object of adding to the panel a number . Bull. 10. within ten years. he gives his affirmance to it. 2 Tidd. article Marriage. Bac. The author of Fleta (ubi sup) thus describes it. in case they could not agree in a verdict. 11 S. after attaining his full age. 296. GENERAL. and authorize them to make affirmation.

equal to the major party of the dissenting jurors, was to ensure a verdict by twelve of them, if the jurors thus added to the panel should concur with the minor party of the dissenting jurors. This practice of afforcing the assize, was in reality a second trial of the cause, and was abandoned, because the courts found it would save delay and trouble by insisting upon unanimity. The practice of confining jurors without meat and drink in order to enforce unanimity, has in more modern times also been abandoned and the more rational practice adopted of discharging the jury and summoning a new one for the trial of the cause, in cases where they cannot agree. This expedient for enforcing unanimity was probably introduced from the canon law, as we find it was resorted to on the continent, in other cases where the unanimity of a consultative or deliberative body was deemed indispensable. See Barring. on Stats. 19, 20; 1, Fournel, Hist. des Avocats, 28, note. TO AFFRANCHISE. To make free. AFFRAY, criminal law. The fighting of two or more persons, in some public place, to the terror of the people. 2. To constitute this offence there must be, 1st, a fighting; 2d, the fighting must be between two or more persons; 3d, it must be in some public place ; 4th, it must be to the terror of the people. 3. It differs from a riot, it not being premeditated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot but an affray only; and in that case none are guilty except those actually engaged in it. Hawk. b. 1, c. 65, s. 3 ; 4 Bl. Com. 146; 1 Russell, 271. 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 Peter, of the city of Philadelphia, has been mentioned; when it is necessary to speak of him, it is only requisite to say Peter aforesaid, and if the city of Philadelphia, it may be done as the city of Philadelphia, aforesaid. AFORETHOUGHT, crim. law. Premeditated, prepense; the length of time during which the accused has entertained the thought of committing the offence is not very material, provided he has in fact entertained such thought; he is thereby rendered criminal in a greater degree than if he had committed the offence without. premeditation. Vide Malice; aforethought; Premeditation 2 Chit. Cr. 785; 4 Bl. Com. 199; Fost. 132, 291, 292; Cro. Car. 131; Palm. 545; W. Jones, 198; 4 Dall. R. 146; 1 P. A. Bro. App. xviii.; Addis. R. 148; 1 Ashm. R. 289. 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 declaration or indictment must conclude against the form of the statute. See Contra formam statuti. AGAINST THE WILL, pleadings. In indictments for robbery from the person, the words "feloniously and against the will," must be introduced; no other words or phrase will sufficiently charge the offence. 1 Chit. Cr. 244. 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 before. See Coop. Justin. 446. 2. For males, before they arrive at fourteen years they are said not to be of discretion; at that age they may consent to marriage and choose a guardian. Twenty−one years is full age for all private purposes, and the may then exercise their rights as citizens by voting for public officers; and are eligible to all offices, unless otherwise provided for in the constitution. At 25, a man may be elected a representative in Congress; at 30, a senator; and at 35, he may be chosen president of the United States. He is liable to serve in the militia from 18 to 45. inclusive, unless exempted for some particular reason. 3. As to females, at 12, they arrive at years of discretion and may consent to marriage; at 14, they may choose a guardian; and 21, as in males, is fun Age, when they may exercise all the rights which belong to their sex. 4. In England no one can be chosen member of parliament till he has attained 21 years; nor be ordained a priest under the age of 24; nor made a bishop till he has completed his 30th year. The age of serving in the militia is from 16 to 45 years. 5. By the laws of France many provisions are made in respect to age, among wbich are the following. To be a member of the legislative body, the person must have attained 40 years; 25, to be a judge of a tribunal de remiere instance; 27, to be its president, or to be judge or clerk of a cour royale ; 30, to be its president or procureur general; 25, to be a justice of the peace; 30, to be judge of a tribunal of commerce, and 35, to be its president; 25,

to be a notary public; 21, to be a testamentary witness; 30, to be a juror. At 16, a minor may devise one half of his, property as if he were a major. A male cannot contract marriage till after the 18th year, nor a female before full 15 years. At 21, both males and females are capable to perform all the act’s of civil life.. − Toull. Dr. Civ. Fr. Liv. 1, Intr. n. 188. 6. In the civil law, the age of a man was divided as follows: namely, the infancy of males extended to the full accomplishment of the 14th year; at 14, he entered the age of puberty, and was said to have acquired full puberty at 18 years accomplished, and was major on completing his 25th year. A female was an infant − til 7 years; at 12, she entered puberty, and accquired full puberty at 14; she became of fall age on completing her 25th year. Lecons Elem. du Dr. Civ. Rom. 22. See Com. Dig. Baron and Feme, B 5, Dower, A, 3, Enfant, C 9, 10, 11, D 3, Pleader, 2 G 3, 2 W 22, 2 Y 8; Bac. Ab. Infancy and Age; 2 Vin. Ab. 131; Constitution of the United States; Domat. Lois Civ. tome 1, p. 10; Merlin, Repert. de Jurisp. mot Age; Ayl. Pand. 62; 1 Coke Inst. 78; 1 Bl. Com. 463. See Witness. AGE−PRAYER, AGE−PRIER, oetatis precatio. English law, practise. Wnen an action is brought against an infant for lands which he hath by descent, he may show this to the court, and pray quod loquela remaneat until he shall become of age; which is called his age−prayer. Upon this being ascertained, the proceedings are stayed accordingly. When the lands did not descend, he is not allowed this privilege. 1 Lilly’s Reg. 54. AGED WITNESS. When a deposition is wanted to be taken on account of the age of a witness, he must be at least seventy years old to be considered an aged witness. Coop. Eq. PI. 57; Amb. R. 65; 13 Ves. 56, 261. AGENCY, contracts. An agreement, express , or implied, by which one of the parties, called the principal, confides to the other, denominated the agent, the management of some business; to be transacted in his name, or on his account, and by which the agent assumes to do the business and to render an account of it. As a general rule, whatever a man do by himself, except in virtue of a delegated authority, he may do by an agent. Combee’s Case, 9 Co. 75. Hence the maxim qui facit per alium facit per se. 2. When the agency express, it is created either by deed, or in writing not by deed, or verbally without writing. 3 Chit. Com. Law 104; 9 Ves. 250; 11 Mass. Rep. 27; Ib. 97, 288; 1 Binn. R. 450. When the agency is not express, it may be inferred from the relation of the parties and the nature of the employment, without any proof of any express appointment. 1 Wash. R. 19; 16 East, R. 400; 5 Day’s R. 556. 3. The agency must be antecedently given, or subsequently adopted; and in the latter case there must be an act of recognition, or an acquiescence in the act of the agent, from which a recognition may be fairly implied. 9 Cranch, 153, 161; 26 Wend. 193, 226; 6 Man. & Gr. 236, 242; 1 Hare & Wall. Sel. Dec. 420; 2 Kent, Com. 478; Paley on Agency; Livermore on Agency. 4. An agency may be dissolved in two ways − 1, by the act of the principal or the agent; 2, by operation of law. 5. − 1. The agency may be dissolved by the aet of one of the parties. 1st. As a general rule, it may be laid down that the principal has a right to revoke the powers which he has given; but this is subject to some exception, of which the following are examples. When the principal has expressly stipulated that the authority shall be irrevocable, and the agent has an interest in its execution; it is to be observed, however, that although there may be an express agreement not to revoke, yet if the agent has no interest in its execution, and there is no consideration for the agreement, it will be considered a nude pact, and the authority may be revoked. But when an authority or power is coupled with an interest, or when it is given for a valuable consideration, or when it is a part of a security, then, unless there is an express stipulation that it shall be revocable, it cannot be revoked, whether it be expressed on the face of the instrument giving the authority, that it be so, or not. Story on Ag. 477; Smith on Merc. L. 71; 2 Liv. on Ag. 308; Paley on Ag. by Lloyd, 184; 3 Chit. Com. f. 223; 2 Mason’s R. 244; Id. 342; 8 Wheat. R. 170; 1 Pet. R. 1; 2 Kent, Com. 643, 3d edit.; Story on Bailm. _209; 2 Esp. R. 665; 3 Barnw. & Cressw. 842; 10 Barnw. & Cressw. 731; 2 Story, Eq. Jur. _1041, 1042, 1043 6. − 2. The ageacy may be determined by the renunciation of the agent. If the renunciation be made after it has been partly executed, the agent by renouncing it, becomes liable for the damages which may thereby be sustained by his principal. Story on Ag. _ 478; Story on Bailm. _436; Jones on Bailm. 101; 4 John r. 84. 7. − 2 The agency is revoked by operation of law in the following cases: 1st. When the agency terminates by the expiration of the period, during which it was to exist, and to have effect; as, if an agency be created to endure a year, or till the happening of a contingency, it becomes extinct at the end or on the happening of the contingency. 8. − 2. When a change of condition, or of state, produces an incapacity in either party; as, if the principal, being a woman, marry, this would be a revocation, because the power of creating an agent is founded on the right of the

principal to do the business himself, and a married woman has no such power. For the same reason, when the principal becomes insane, the agency is ipso facto revoked. 8 Wheat. R. 174, 201 to @04; Story on Ag. _481; Story on Bailm. _206. 2 Liv. on Ag. 307. The incapacity of the agent also amounts to a revocation in law, as in case of insanity, and the like, which renders an agent altogether incompetent, but the rule does not reciprocally apply in its full extent. For instance, an infant or a married woman may in some cases be agents, althouah they cannot act for themselves. Co. Litt. 52a. 9. − 3. The death of either principal or agent revokes the agency, unless in cases where the agent has an interest in the thing actually vested in the agent. 8 Wheat. R. 174; Story on Ag. _486 to 499; 2 Greenl. R. 14, 18; but see 4 W. & S. 282; 1 Hare & Wall. Sel. Dec. 415. 10. − 4. The agency is revoked in law, by the extinction of the subject−matter of the agency, or of the principal’s power over it, or by the complete execution of the trust. Story on Bailm. _207, Vide generally, 1 Hare & Wall. Sel. Dec. 384, 422; Pal. on Ag.; Story on Ag.; Liv. on Ag.; 2 Bouv. Inst. n. 1269−1382. AGENT, practice. An agent is an attorney who transacts the business of another attorney. 2. The agent owes to his principal the unremitted exertions of his skil and ability, and that all his transactions in that character, shall be distinguished by punctuality, honor and integrity. Lee’s Dict. of Practice. AGENT, international law. One who is employed by a prince to manage his private affairs, or, those of his subjects in his name, near a foreign, government. Wolff, Inst. Nat. _1237. AGENT, contracts. One who undertakes to manage some affair to be transacted for another, by his authority on account of the latter, who is called the principal, and to render an account of it. 2. There are various descriptiona of agents, to whom different appellations are given according to the nature of their employments; as brokers, factors, supercargoes, attorneys, and the like; they are all included in this general term. The authority is created either by deed, by simple writing, by parol, or by mere employment, according to the capacity of the parties, or the nature of the act to be done. It is, therefore, express or implied. Vide Authority. 3. It is said to be general or special with reference to its object, i.e., according as it is confined to a single act or is extended to all acts connected with a particular emplowment. 4. With reference to the manner of its execution, it is either limited or unlimited, i. e. the agent is bound by precise instructions, (q. v.) or left to pursue his own discretion. It is the duty of an agent, 1, To perform what he has undertaken in relation to his agency. 2, To use all necessary care. 3, To render an account. Pothier, Tr. du Contrat de Mandat, passim; Paley, Agency, 1 and 2; 1 Livrm. Agency, 2; 1 Suppl. to Ves. Jr. 67, 97, 409; 2 Id. 153, 165, 240; Bac. Abr. Master and Servant, 1; 1 Ves. Jr. R. 317. Vide Smith on Merc. Law, ch. 3, p. 43,. et seq. and the articles Agency, Authority, and Principal. 5. Agents are either joint or several. It is a general rule of ther common law, that when an authority is given to two or more persons to do an act, and there is no several authority given, all the ageuts must concur in doing it, in order to bind the principal. 3 Pick. R. 232; 2 Pick. R. 346; 12 Mass. R. 185; Co. Litt. 49 b, 112 b, 113, and Harg. n. 2; Id. 181 b. 6 Pick. R. 198 6 John. R. 39; 5 Barn. & Ald. 628. 6. This rule has been so contrued that when the authority is given jointly and severally to three person, two cannot properly execute it; it must be done by all or by one only. Co. Litt. 181 b; Com. Dig. Attorney, C 11; but if the authority is so worded that it is apparent, the principal intended to give power to either of them, an execution by two will be valid. Co. Litt. 49 b; Dy. R. 62; 5 Barn. & Ald. 628. This rule aplies to private agencies: for, in public agencies an authority executed by a major would be sufficient. 1 Co. Litt. 181b; Com. Dig. Attorney, C 15; Bac. Ab. Authority, C; 1 T. R. 592. 7. The rule in commercial transactions however, is very different; and generally when there are several agents each possesses the whole power. For example, on a consignment of goods for sale to two factors, (whether they are partners or not,) each of them is understood to possess the whole power over the goods for the purposes of the consigment. 3 Wils. R. 94, 114; Story on Ag. _43. 8. As to the persons who are capable of becoming agents, it may be observed, that but few persons are excluded from acting as agents, or from exercising authority delegated to them by others. It is not, therefore, requisite that a person be sui juris, or capable of acting in his own right, in order to be qualified to act for others. Infants, femes covert, persons attainted or outlawed, aliens and other persons incompetent for many purposes, may act as agents for others. Co. Litt. 62; Bac. Ab. Authority, B; Com. Dig. Attorney, C 4; Id. Baron and Feme, P 3; 1 Hill, S. Car. R. 271; 4 Wend. 465; 3 Miss. R. 465; 10 John. R. 114; 3 Watts, 39; 2 S. & R. 197; 1 Pet. R. 170. 9. But in the case of a married woman, it is to be observed, that she cannot be an agent for another when her

13. 1 H. or by the usage of trade. to their principals. 15 − _2. Agents are entitled to actions against third persons for torts committed against them in the course of their agency. has a special property in the subject−matter of the contract. and imports to be a contract personally with him. contrary to the general usages of trade. Story on Ag. 413. 11. 2 Wash. 12 Pick. Persons who have clearly no understanding. 1. _335. & Adol. Story on Ag. as. 270. 328. and the promise is to pay the money to the agent. or the usage of trade. 2 Caines. For example. C. 7 Wend. Com. as if he were the owner. To be reimbursed all their just advances. _414. These will be briefly considered: 1. Agents may become liable for damages and loss under a special contract. and he has sustained loss. unless in particular cases. Story on Ag. 665. to receive a just compensation for their services. an auctioner. either on contracts made between such third persons and them. _351 to 390. or due to the agent. 317. 12 Wend. or by third persons. expenses and disbursemnts made in the course of their agency. 84. to third person. 2d. They may also become responsible when charging a del . _196. if he so buy. 3 Camp. 12 − 1. liable to obligations which he must perform. or has a lien upon it. 103. 16. 2d. 420. for the benefit of his principal. _415. as idiots and lunatics cannot be agents for others. see 6 S. 276. who may. 1. he may maintain an action against such third person for such wrongful act. 243. Story on Bailm.& S. & A. They may maintain actions. or act by which the principal sustains a loss. Bl. 1 Caines. As. 3d. 349. 3 Camp. oe nomine. 1st. 467. 8 Bing. by the usage of trade. the real contracting party. advancements. Law. the agent is authorized to act as owner. 65. 1. The rights of agents against third penons arise. Story on Ag. 295. unless such services. he may enforce the contract by action. or in consequence of torts committed by the latter. When.& R. 81. and it is a general rule. But this right to bring an action by agents is subordinate to the rights of the principal. 15 East. and therefore. 394. 2. 3 Caines. 6 Wheat. 493. though known as such. 1st.& A. 7 Taunt. that whenever an agent. Agents are liable for their acts. Law. on Ag. 5 B. and 2. 11−23. 2 Esp. of trespass or trover against third persons for any torts or injuries affecting their possession of the goods which they hold as agents. by misconduct. 13 East. − 2. Besides the personal remedies which an agent has to enfored his claims against his principal for his commissions and. There is another class who. or the agreement between the parties repels such a claim. 2. it may be fairly presumed to have been stipulated for. or the particular agreement of the parties. although his character as agent is known. For example. or fraud. when the contract is in writing and made expressly with the agent. or by any negligence or omission. 135. 10. R. C. 2 Liverm. although he may be known to act as an agent. 320. Paley on Ag. who sells the goods of another may maintain an action for the price. although his prncipal may also sue. 27. 3 Chit.. for example. and is. 237. 3 B. these are persons whose duties and characters are incompatible with their obligations to the principal. 33 to 38. he is entitled to sue the buyer in his own name. on account of. a person cannot act as agent in buying for another. The rights of agents against third persons on contracts.husband expressly dissents. and also to be paid interest upon such advances. bring a suit himself. arise from obligations due to them by their principals. 226. 5 M. is regulated either by particulaar agreement. 235. 283. Their rights against their principals are. 415. 56. Jr. when a promissory note is given to the agent as such. _226. deceit. 3 B. particularly when he may be rendered liable for her acts. 6 East. 315. 1 Hen. 10. 3 Binn. _7. by exceeding their authority. are entirely gratuitous. 9 B. Bl. 208. When the agent is the only known or ostensible pincipal. or some other vested right. − 1. if an agent sell goods of his principal in his own name. whenever from the nature of the business. When an agent has been induced by the fraud of a third person to sell or buy goods for his principal. or when he has acquired an interest. this compensation. when faithfully performed. because he has a possession coupled with an interest in the goods. and suspend or extinguish the right of the agent. by Lloyd. 2 Ves. 399. is in contemplation of law. and Story on Ag. 833. and not a bare −custody. 8 Mass. he may enforce his contract by action. or the presumed intention of the parties. Smith on Mer. See Lien. Story on Ag. R. in execution of a lawful agency. And on the other hand. & Cressw. 1 Lev. An agent has rights which he can enforce. 14. are. 392. though possessing understanding. where the agent has a lien. The rights to which agents are entitled. 81. The liabilities of agents to their principals arise from a violation of their duties and obligations to the principal. usually called a commission. are incapable of acting as agents for others. Story on Ag. goods belonging to himself. he may sue upon the contract. 393. 223. 357. or for the benefit of their principal. or as a principal contracting party. he has a lien upon the property of the principal in his hand.

R. in the case of agents or factors. law. 17. 424. or in consequence of the use of any words. _309. intentionally or ignorantly. 62. and the rest is only stated by way of agravation. That which increases the enormity of a crime or the injury of a wrong. and. An agent is liable to refund money. because no one can lawfully authorize another to commit a wrong upon the rights or property of another. 2. in that case neither the infant nor his property will be liable. 16 Martin’s R. and does not possess a sufficient authority from the principal. or from his ignorance. AGENT AND PATIENT. 396. AGIST. he commits a wrong. No man may strike another because he has threatened. 12 M. as a corporation aggregate. and the agent alone will be responsible. on their contract. AGISTER. See 3 An. as. and.credere commission. _234. 4. R. and the coin of the country. 1. Story on Ag. subject to this qualification. The opposite of extenuation. in contrads. in relation to third persons. acting for merchants in a foreign country. 878. like an innkeeper. when. crim. Story on Ag.. when the agent. 1 B. 8 Bing. 299. 8 Taunt. 2d. 359. 1 T. and entitled to receive it in his own right. but not for the latter. 5 Mass. 1 Cowp. 9 Adol. An agent is liable for misfeasance as to third persons. He who begins. however. S. he will be considered as having acted for himself as a principal. the agent was a wrongdoer. This term is used to denote the difference of price beteen the value of bank notes and nominal money. that the money shall have been lawfully received by the agent. 2 Ep. and breaking his close. 410.& Ell. Jur. 153. 111. The taking of other men’s cattle on one’s own ground at a certain rate. This phrase is used to indicate the state of a person who is required to do a thing. 597. incurs a personal responsibility. 667. if a man sign a note as "guardian of AB. 328. 90. 3 Esp. under certain circumstances. he will not be exempted from liability by payment to his principal. 2. 3d. crimes. aggio. N. when a man is indebted to another. When the agent does not disclose his agency. 9 Bing. 643. The introduction of matter into the declaration which tends to increase the amount of damages. or by implication.& C. but this presumption may be rebutted by proof of a contrary agreement. 280. 344. although authorized by his principal. One who takes horses or other animals to agist. as. 12 Ves. for if. _156−159. 1 Taunt. they will be considered liable whether they disclose their principal or not. AGIO. the entry of the house is the principal ground and foundation of the action. An example of this is found in the case where a plaintiff declares in trespass for entering his house. 2 Moore. between acts of misfeasance and non−feasance: an agent is. − When a crime or trespass has been committed under aggravating circumstances. 688. AGGREGATE." an infant. 257. Story on Ag. 114. by Lloyd. and there is no other responsible as principal. 293. & W. R. and this matter need not be proved by the plintiff or answered by the defendant. The agent will be liable when he expressly. undertakes to do an act for another. the damages given to vindicate the wrong are greater. 530. and is at the same time the person to wbom it is done. & P. 12 Mod. 352. When the agent makes a contract as such. the latter is required to pay the debt in his capacity of executor. P. and he is consequently not accountable to the latter for it." the agent is not responsible. bound to take all horses offered to him. 368. and tossing his goods about. Termes de la ley. when payment to him is void ab initio. 1 B. this being the usage of the trade. 248. 310. 2 Inst. and that is unknown to the other party. 69. the money was never received for the use of his principal. 6 Mass. See Diplomatic dgent. 3 B. − 2. 294. The agister is not. 2 Cowp. 1 Campb. he being responsible for his non−feasance only to his principal. 313. but does not affect the right of action itself. N. liable for the former. 122. But unless "caught with the money in his possession. Agents become liable to third persons. R. AGGRAVATION. 3. Steph. if he has not actually paid it over at the time he receives notice of the take. 136. he is then agent and patient. 3 Wils. 565. either by threatening or striking another. in receiving it. 4 Taunt. AGGRAVATION. unless he has been guilty of negligence. 10 Mod. 1st. 6 A. 373. 58. 15 East. A distinction has been made. − Encyc. A collection of particular persons or items. 1 Selw. to whom resort can be had. nor is he liable for any injury done to such animals in his care. Agents become liable to third persons in regard to torts or wrongs done by them in the course of their agency. 233. Pl. 287. negligence may . which is one formed of a number of natural persons. it is punished with more severity. 2. 198. 2 Campb..& P. torts. 62. in pleading. 4 Inst. This last rule is. M. n.& S. the union of individual charges make an aggregate charge. 5. 7 B. so that. 1 Wils. and he appoints him his executor. Paley on Ag. he will be considered as a principal. a quarrel or dispute. AGGRESSOR. formed into one body.

V. Ab. by parol.t. AGNATION. or undertakings. 17. h. as. confusion. a lawful consideration. 1 Watts & Serg. extinction of the thing which is the subject of the contract. t. and the moment it is obtained. cognates are those who are related by the mother. Bac. there must be. Agreements are annulled or rendered of no effect. Poth. B. or which are entered into preparatory to more solemn and formal alienations of prtperty. Story. 457. Agreements are also conditional and unconditional. by payment. lapse of time. and which belonged to the domain of the state. b. 2. the kinds of agreements. 6. 161. 235. I Bell’s Com. Calvini Lex. 547. release − accord and satisfction. but he does not insure the safety of the cattle agisted. the agreement or contraet is formed. Ersk. AGNATES. Co. or quid pro quo. Tom. respecting the transmissiou of some property.t. An agreement is said to be executed when two or more persons make over their respective rights in a thing to one another. Plowd. Guaranty. Dr. who are allied by marriage. Powel on Cont. t. dies. 5. in writing. in the ordinary acceptation of the term. 2. − 2. as when a man who has bound himself to teach an apprentice. By the Scotch lanv. and of course is responsible for loses by ordinary negligence. Com. This term is principally used in the civil law. 7. 27. contracts. From the moment that the parties have given their consent. as far as the form is concerned. which includes the descendants from females. by the acts of the parties. 22. 35.) 6. The consent of two or more persons concurring. They are conditional when some condition must be fulfilled before they can have full effect. An agister is bound to ordinary diligence. whether it can be proved or not. 1. 1. 91. and the articles of agreement may be good. or. in descents. Relations on the father’s side: they are different from the cognati. the division among the people of all the lands which had been con− quered. paid for and delivered. by specialty. Holt’s N. 1 Com. as when it was obtained by fraud. inferred. 1. the requisites of an agreement. 2. duress. The taking of another person’s cattle into one’s own ground to be fed. as. AGRARIAN LAW. because that proof may be supplied aliunde. A want of proof does not make it null. which is express or implied. a person able to be contracted with. to be performed in future. Bail. which had for its object. Ab. Plowd. It is proper. As to their form. Contr. 2 Bl. Arable land in the common fields. Litt. Fr. how they are annulled. first. L. the contract may be−enforced. Vide Contract. 1. The writing or instrument containing an agreement is also called an agreement. AGNATI. Jones. Pand. 458. Holt’s R. upon some event that shall give it full effect. right or benefit. p.. rescission. are such contracts as rest on articles. as. In relation to their performance. 4. by novation: secondly. a thing to be contracted for. 2. h. memorandums. in distinction from cognation or consanguinity. 2.. death. and . Dig. P. they being relations on the mother’s side. C l. Executory agreements. one or more females were interposed. in descents. 4. In the sense of the Roman law were those whose propinquity was connected by males only. Rep. AGRI. in the relation of cognates. or under seal. and the like. 3. p. or relations in general. Ab. the agreement may be mull. and sometimes articles of agreement. Deed. by the acts of the law. when the agreement is to deliver a certain horse and before the time of delivery he dies. without either party trusting to the other.t. Parties to Contracts. See Discharge of a Contract. defeasance. The relation by blood which exists between such males as are descended from the same father. Dict. − 1. − 3. The person who receives the cattle is called an agister.(q. either presently and at once. Tythes. 2. as contradistinguished from specialties. To render an agreement complete six things must concur. they are unconditional when there is no condition attached. and. 7. or at a future time. AGRICULTURE. The art of cultivating the earth in order to obtain from it the divers things it can produce. tome 1. 2. agreements are of two kinds. merger. words to express the agreement. 16. even though females intervene. and the like. this name was given to a law. Civ. 3. 3. and thereby change the property therein. as where things are bought. 4. it has not less the quality to bind both contracting parties. AGREEMENT. affines. a person able to contract. contract. agnates are all those who ar related by the father. Toull. 442. Cunn. with a view of contracting an obligation. and the propinqui. Among the Romans. Com. h.. 5. Bailm. s. It will be proper to consider. Vin. h. Bac. agreements are executed or executory. Again. 139. 5 East’s R. the assent of the contracting parties. _443. for a consideration to be paid by the owner. to remark that there is much dfference between an agreement and articles of agreement which are only evidence of it. AGISTMENT. parol promises.

The legislative power of the state is vested in two distinct branches.) or the proprietor has acquired a right by grant or prescription to have such windows open. assistance. as usual in such cases. The powers of the government are divided by the constitution into three distinct. s. help. flax. necessarily stops the windows already built. consenting. by the use of which the quantity of water drawn is much increased. The convention which framed the constitution in this state. 1819. − 1. was soon claimed as a matter of right.Bl. abetting. to one. encouragement. when the constitution was adopted. have not received a full judicial construction. Com. 3 Sto. 3. Bowy. _3. 2. it is not lawful to add an adjutage. also. 3. U. 2. which oocurs in the Stat. 2. 1 Burn’s Justice. B. 38. a man opens windows over his neighbor’s ground. to the annoyance of the public. 75. being indispensable to their existence. Formerly they were certain sums of money granted by the tenant to his lord in times of difficulty and distress. 5. that is. 4 Bouv. AJUTAGE. fruit’s. 2. 10. Vide Nuisance. A conical tube. those which are executive. and other things. 2 Whart. giving them aid and comfort. support. and of his own. 477. 1819. 182) as comprehending all persons counselling. B. Pub. But this must be understood with this qualification. that adhering to the enemies of the United States. is explained by Lord Coke (2 just. 60. in all respects whatever. c. 1. but sometimes in building. is a nuisance. approved December 14th. aid. Droit de la Guerre et de la Paix. I Burr. 21. unless the windows are ancient lights. L. used in drawing water through an aperture. 1. (q. Dr. It is the right of the proprietor of an estate to enjoy the light and air that will come to him. AILE or AYLE. They import. 36 1. art. Grot. cotton. S. and continued in session by adjournment. These words. by the courtesy or for years. The name of one of the new states of the United States of America. Com. declares. 610. and the latter. 186. _444 to 479 and Plan. desirous of building on his own ground. t. This state was admitted into the Union by the resolution of congress. s. in such a manner as to be injurious to him. law. The first of these remained uncertain. 3 et 4. what was received as a gratuity by the rich and powerful from the weak and poor. the one styled the senate. and deprives the first builder of light and air. Dane’s Ab. and encouraging to do the act. or abet the principal. to a third. being impleaded. Mod. and each of them confided to a separate body of magistracy. that no one has a right to use the air over another man’s land. when taken priisoner. Engl. English law. by giving her a suitable portion. and who are principals in the second degree. note. AID PRAYER. crim. may pray aid of him in reversion. by which it is resolved that the state of Alabama shall be one. what is not applicable to the Crime to treason. 2 Ld. 2. That fluid transparent substance which surrounds our globe. Cro. To marry the lord’s eldest daughter. 3. n. Law. and is hereby declared to be one of the United States of America. and aids became a species of tax to be paid by the tenant to his lord. 64. − 3. 1. the other . tit. this he has the right to do. 1 Str. The constitution of the United States. Index h. 2 Bl. assenting. avus. A petition to the court calling in help from another person who has an interest in the matter in dispute. assembled at the town of Huntsville on Monday the fifth day of July. P. to wit: those which are legislative. West. grandfather. liv. desire the court that he may be called by writ. AID AND COMFORT. To make the lord’s eldest son a knight. 1804. departments. F. 62. the other two were fixed by act of parliament at twenty shillings each being the supposed twentieth part of a knight’s fee. until the second day of August. 1. and those which are judicial. 6. 8. Cr. Art. however. 4 Bl. Com. To ransom the lord’s person. countenance. shall be treason. v. N. law. as grain. R. Domat. and. Cowel. c.particularly what is useful to man. (and he adds. To poison or materially to change the air. but. plotting. domestic relations. ALABAMA. 14. as they are to be understood in the constitution.) who are not present when the act is done. a tenant for life. unless such was the intention of the parties. 686 Hawk. When a privilege to draw water from a canal through the forebay or tunnel by means of in aperture has been granted. AIDERS. no one has a right to deprive him of them. Raym 1163. c. 14. s. and admitted into the Union on an equal footing with the original states. 219. liv. n. AIR. to allege what he thinks proper for the maintenance of the right of the person calling him. See. See Crabb on R. Russell. This is a corruption of the French word aieul. AIDS. 3. in general. See 4 Campb. No property can be had in the air it belongs equally to all men. 37. 333. 2. Inst. to another. 1819. 1. Those who assist. The word aid. For example. Civ. in these cases: 1.

the general assembly of the state of Alabama. ordain. he holds his office for the term of two years from the time of his installation. There were several kinds of aldermen. and such inferior courts of law and.. of which the effects. ALBA FIRMA. nor more than sixty members. aldermen of the hundred. nor more than one hundred. which appellation signified literally elderman. or aldernwn. In the second kind. with the veto power. they wero called white rents. Dr. civil law. and is not eligible more than four years in any term of six years. In cases of vacancies. ALEATORY CONTRACTS. whether to all the parties. The senate is never to be less than one−fourth nor more than one−third of the whole number of representatives. for example. 1. . and until a successor is duly qualified. from the commencement of the general election. The aldermen of the cities of Pennsylvania. and establish. and both together. The house of representatives is to consist of not less than forty−four. aldermen of all England. The judicial power is vested in one supreme court. When one of the parties exposes himself to lose something which will be a profit to the other. until the number of white inhabitant’s shall be one hundred thousand. Rep. at the time and places when they respectively vote for representatives. but because of his wisdom and dignity. ealdorman. law.the house of representatives. law. When quit rents were reserved payable in silver or white money. he runs the risk of losing the consideration. 3. because there is no further day assigned for appearance. 1. 16. Fr. Merlin. Kitch. ALEA. The members of the house of representatives are chosen by the qualified electors for the term of one year. and was. Civ. The chance of gain or loss in a contract. The name of a judicial officer in Spain. to denote difference of rank and jurisdiction. An officer. possess all the powers and jurisdictions civil and criminal of justices of the peace. 18. depend on an uncertain event. art. 9. and in those countries which have received the body of their laws from those of Spain. The supreme executive power is vested in a chief magistrate. He is elected by the qualified electors. but he may live so as to receive three times the amount of the price he paid for it. 1. one−third of the whole number of senators are elected every year. equity. Code of Louis. or the like. ALCADE. circuit courts to be held in each county in the state. 74. a member of the witenagemote. in case of his death soon after. Such is the contract of insurance. Civ. Among the Saxons there was an officer called the ealderman. Like the Roman senator. A French phrase which means go without day. but afterwards his office was purely judical. Senators are chosen by the qualified electors for the term of three years. the whole number of representatives shall never be less than sixty. possessing various powers in different places. They are besides. Span. 4. 4. in conjunction with the respective mayors or recorders. 4. Eng. ex officio. This chance results either from the uncertainty of the thing sold. in the same manner. each runs a risk which is the consideration of the engagement of the other. mot Aleatoire. Art. which is to be greater or less on the happening of a future event. generally appointed or elected in towns corporate. 3. Art. as when a thing is sold for an annuity. B. − These contracts are of two kinds. or blanch farms reditus albi. 5. s. He is invested. A mutual agreement. or aller sans jour. 146. S. 12. as the general assembly may. namely. 2 Duv. s. Art. At one time he was a military officer. s. they were called reditus nigri or black mail. at the same time. 2. where they vote for members of the house of representatives. the president of the senate acts as governor. or to some of them. styled the governor of the state of Alabama. among other things. and at the same place. aldermen of the county. non propter oetatem sed propter sapientism et dignitatem. 3. with respect both to the advantages and losses. Art. 19. from time to time direct. − 2. − 2. as king’s aldermen. as the effects of a succession. not on account of his age. civil law. in practice. or it sometimes arises in consequence of the uncertainty of both. or cities. 6. 2. grain. 2. 2951. 3. 4. Ib. he was so called. 2 Inst. n. t. and no longer. when a person buys an annuity. − 3. the insurer takes all the risk of the sea. to consist of not more than five members. judges of ibe mayor’s courts. &c. in consideration of a sum of money which the latter pays for the risk. and after that event. ALDERMAN. When they were reserved payable in work. or from the uncertainty of the price. and the assured pays a premium to the former for the risk which he runs. and is used to signify that the case has been finally dismissed the court. He presided with the bisbop at the scyregemote. ALER SANS JOUR.

One born out of the jurisdiction of the United States. his relative rights and character. 2 Greenl. 3 Stew R. 7. R. 643.. and the like. elsewhere. Ev. Connecticut. 2 Hayw. it should be stated specially. 108. and in Alabama. 1. 89. 1842. nil. Rev. therefore. ALIA ENORMIA. Under this allegation of alia enormia. or when a man is indicted and his name is uncertain. for the purpose of dipping a criminal’s arm in it up to the elbow. 2. 251. Alias dictus. Code. Rev. 1118. 388. and his property is liable to taxation. St. he may be indicted as A B. The term is used to all kinds of writs. he may be divested of the fee. 700. s. otherwise called. a. Vermont and Virginia. to be founded in truth. Laws. 5 Maryland. p. Foreigners. which will be briefly considered. fo. This proof is usually made out by the testimony of witnesses. which in the nature of things necessarily implies a negative. this is called an alias summons. De Corona. the plaintiff would not. 3. − 3. Aliens are subject to disabilities. for if it would. proves (se eadem die fuisse alibi. Holt. under the above general allegation. It must be admitted that mere alibi evidence lies under a great and general prejudice. in aggravation of damages. 4. have rights. and Michigan. 399. he is said to prove an alibi. 332. make and enforce contracts in relation to the same − he is protected from injuries. cap. and if he purchase land. pleading. 66. Bull. A vessel in which hot water was put. alias dictus C D. who has not since been naturalized uuder their constitution and laws. An alien cannot in general acquire title to real estate by the descent. &c. 2. at the time alleged. When a person. 247. ALIAS. tit. 3 Murph. by statutory provision it is partly so. Aliens are either alien friends or alien enemies. but it is presumed it might be made out by writings. See Bract." &c. An alien. 266. &c. by constitutional provision. 3 Dev.) that he was. 259. 89. P. though not specified in other parts of the declaration. obsolete. that he could not have committed it. 1 Sid. 219. or serve as a juror. 699. Rev. ALIBI. and wrongs. give in evidence the debauching of his daughter. against the peace. under the general allegation alia enormia. to that of govenor. it is the best negative evidence that can be offered. − 2. Illinois. 4. 243. 1 Str. R. when a summons has been issued and it is returned by the sheriff. as in New York. To this general rule there are statutory exceptions in some of the states. act of 1825. to his person and property. An alien can exercise no political rights whatever. be permitted to give evidence of the defendant’s taking away a horse. R. R. _278. 104. and in some states. fa. 26. 194. that on the day or at the time in question. the effect of which is to lay a founation for the necessary inference. 1 Litt. Louisiana. is ineligible to the office of president of the United States. 700.ALFET. 3. but if it appear. Disabilities. In trespass quare clausum fregit. 3. He owes a temporary local allegiance. alien enemies are incapable. Rev. Indiana. exp. 61. 6 Mont. and ought to be heard with un−common caution. in Pennsylvania. Code. Inhabitant. See 4 John. 5. P. N. he was in another place. he cannot be a member of congress. it is really positive evidence. 2 Wheat. act of 1824. Cas. 127. 1825. 60. Kentucky. tit. St. 20. Rev. 2 Caines. But under the alia nomia no evidence of the loss of service. 266 Maine. 3 Caines. N. 362. upon an inquest of office found. lib. 1 Chit. An alien has a right to acquire personal estate. a trespass for breaking and entering a house.. . 138. charged with a crime. ALIEN. In trespass. act of January 25. fill any office. alias vend. 140. New Jersey. 2. 66. 6 Mod. he cannot therefore vote at any political election. even after being naturalized. 3. Holt. as this children of the ministers of the United States in foreign courts. as alias fi. till the expiration of seven years after his naturalization. a description of the defendant by an addition to his real name of that by wbich he is bound in the writing. and another is issued. Pl. This is a Latin word which signifies. and Missouri. 1 John. For example. the plaintiff may. 2 Salk. R. or any other matter which would of itself sustain an action. persons. the disability has been removed. R. he may sue and be sued. in evidence. c. s. See Citizen. 6 John. And other wrongs. ch. To this there are some exceptions. (but see Mart. in North Carolina. or the beating of his servants. or by other mere operation of law. and in many cases it is the only evidence which an innocent man can offer. in a different place from that in which it was committed. 93. Stat. It is only alien friends wbo have the rights above enumerated. 225. practice. Bull. 48. some matters may be given in evidence in aggravatiou of damages. and are bound to perform duties. as if the party could prove by a record properly authenticated. This word is prefixed to the name of a second writ of the same kind issued in the same cause. 4 Dev. 3. as. 604. Ohio. the declaration ought to conclude "and other wrongs to the said plaintiff then and there did. R.

175. 519. Parerg. 414. ALIENOR. 9 S. R. An office to which all writs of covenants and entries are carried for the recovery of fines levied thereon. The maintenance or support which a husband is bound to give to his wife upon separation from her. des Science Med. estates. Deeds of revocation of uses. ch.t. and the circumstances of those who are to pay it. One to whom an alienation is made. 382. 2 J. 16. alien. It includes education when the person to whom alimoiay is due is a minor. 2 Paige. 62. 498. ALIENATION OFFICE.& R. Exchange. and a wife under the power of her husband. J. 10. 3. 2. See Alienate. ALIENAGE. 662. parents and children reciprocally owe each other aliments or maintenance. 6. desertion. 118 b. 1 Edw. 50. ALIENEE. Jur. R. 3. R. alienum facere vel ex nostro dominio in alienum trawferre sive rem aliquam in dominium alterius transferre. It is commonly applied to lands or tenements. Lease and release. It has been held. Ab. 535. 4. 8. 2. Release. 6. R. Dig.. An infant who is under the authority of his father or guardian. 13 Vin. 1 Vin. 3. These methods vary. 2 Kent. pendente lite. 252. in mortmain. Com. and by devise. 5. Those deriving their force from the statute of uses. 1. Surrender. By grants. Alienations may be made by deed. Bouv. Vide Allowance to a Prisoner. Engligh law. are. 1 Edw. 3 John. aliene. Gift.. by which the benefit or estate originally created. (q. Grant. Ch.) Vide 1 Bl. 447. 7. 4. as clothing and the like. 4. 43 to 63. ALIENATE. R. 118 b. 1.) alien cometh of the verb alienate. and may be ordered out of the covntry.) or cruelty of the husband. divorce. 6. By common recovery. 2 Bl. Rep. (q. parents and children owe each other alimony. 447. By the common law. ALIMONY. Dig. are said to be alieni juris. that is. to another. 4 Rand. By fines. 15. ALIEXI JURIS. 14.. 58.) is used. v. The term alienation or mental alienation is a generic expression to express the different kinds of aberrations of the human understandiug. Alienation is an act whereby one man transfers the property and possession of lands. In the common law. Dig. though this is more usually called maintenance. R. 1 M’Cord’s Ch. (1 Inst. ALIENATION. R. Dig. 2. 12. 1. (q. Alienations may also be made by devise (q. h. Alienations by matter of record may be. 2 Dow’s Rep. This is a generic term applicable to the various methods of transfering property from one person to another. 2 Com. contracts.. which are those by means of which the benefit or estate is created or first arises. Inst. 25. Index. transferred. med. Cruise Dig.t. 3 Yeates. says. Dict. 4 Litt. Ayl. By private acts of the legislature. Marsh. h. Defeasance. h.) 4 Desaus. restrained. t. He who makes a grant or alienation. 3. 2 Binn. h.v. ALIMENTS. 324. 20. Alimony is granted in proporion to the wants of the person requiring it. Words applied to persons who are subject to the authority of another. 248. In the Roman and French law this word signifies the food and other things necessary to the support of life.. Dig. The derivative are. tenements. n. 3 Ves. as by patents of lands. Bac. as to alien (that is. S. Com. 205. To these may be added some conveyances which derive their force and operation from the statute of uses. Civil Code of L. that under a prohibition to alienate. lodging and support of the person who claims it. 358. See Alienate.during the existence of war to sue. Partition. 8. Bargains and sales. ab. 1 Beck’s Med. 1.v. or extinguished. The causes for granting alimony to the wife are. Wheat. The same name is given to the money allowed for aliments. h.t. Vide Conveyance. 246. 50.. or the support which either father or mother is bound to give to his or her children.& R. 5. tit. 16. Dane’s Ab. to convey) land in fee. 43. Confirmation. The condition or state of alien.. is enlarged. The original conveyances are the following: 1. Covenants to stand seised to uses. the word alimony (q. jur. and 2. long leases are comprehended. 1 Saund.. In Louisiana by alimony is meant the nourishment. Lord Coke.t. 62. 191. 11. Assignment. almost as a matter of course whether she be plaintiff or . Index. 2. R. R. Deed. by derivative or secondary conveyances. v. 13. R. by matter of record. Lease. These are conveyances by the common law. Vide sui juris. according to the nature of the property to be conveyed and the particular objects the conveyance is designed to accomplish.2. 4 Vin. Alimony is allowed to the wife. c. 79. Litt. Com. Ab. Merl. R. Com.) ALIENATION. 1 Bl. Feoffment. TO ALIENE. Deeds to lend or declare the uses of other more direct conveyances. 210. h. Alienations by deed may be made by original or primary conveyances. Ab. 9. 157. Termes de la ley. See generally. 3. 6 John. By the common law. _1−8. See Co. 2. 91. Ch. v. 202. 34. 32. or other things. t.

See Shelf. The tie which binds the citizen to the government. 2 Kent. According to the practice of the prerogative court. 636. 283. 2 Toull.C.. and there seldom is an offensive alliance which is not also defensive. . 3 R. Rep. that is. Com. n. The assertion. in the latter she unites with him for the purpose of making an attack. 64. Local allegiance is that which is due from an alien. h. or league between two sovereigns or states. as when the wife. R. This allegation is called an allegation of faculties. 586. 3. acquired allegiance is that which is due by a naturalized citizen. Com. Encyclopedie. treaty. h. B.. 677. C. and the place of his domicil determines the character of a party as to trade. 7 Wheat. 4. 10. 366. 15. ALLIANCE. Infants cannot assume allegiance. 42. and Div. Vattel. Ev. 1 Clarke’s R. 1 Eccl. Natural allegiance is such as is due from all men born within the United States. Com. the court rejects it. and.t. ll. A word which the emperors formerly signed at the bottom of their rescripts and constitutions. Law. 5 Bin. P. See 1 Brown’s Civ. S. international law. ALLEGATA AND PROBATA. the facts intended to be relied on in support of the contested suit are set forth in the plea. 372. But there are special cases where it will not be allowed. in such a case. Greenl. Com. de jurisp. 1 Phil. to bind. ALIUNDE. which is termed an allegation. in return for the protection which the government affords him. n. Dict. The allegations made by a party to a suit. it goes as it were upon its four legs. 4. The union or connexion of two persons or families by marraiage. C. that the latter means the running of two vessels against each other. on Mar. relationship. divest himself absolutely of that character. and Affinity. R. _79. 2. in order to ascertain the meaning of the testator. Index. ALLISION. for the protection which the government affords him. the proof must at least be sufficiently extensive to cover all the allegations of the party. But for commercial purposes he may acquire the rights of a citizen of another country. and is held to be well founded. this latter term is frequently used for allision.defendant. The running of one vessel against another. otherwise. A contract. 1 East. 2 Cranch. ALLIANCE. 612. 1 Bl. and Div. 1 Peters’ C. It is a general rule of evidence that the allegata and probata must correspond. aliter in another case. in the former the nation only engages to defend her ally in case he be attacked. ALLEGATI6N. 1 Kent. 3. that he cannot renounce his allegiance to the United States without the permission of the government. This term is frequently used to point out a difference between two decisions. on Mar. by which mode of proceeding the suit is terminated without. Lond. Law. From another place. if it appear to them objectionable in form or substance. Rep. 461. Com. as. t. common law. ALLEGATA. 460. an alIegation must be made on the part of the wife. 6. declaration or statement of a party of what he can prove. and the proof adduced in their support. 49 to 57. by expatriation. This is derived from the Latin preposition ad and ligare.. made to insure their safety and common defence. 3. It is natural. n. Some alliances are both offensive and defensive. 473. Dane’s Ab. ALLEGATION. Vide Inst 1. however. Rep. _51. evidence given aliunde. to be declared by law. Shelf. 1 Brown’s Civ. 2. in some cases. The citation or reference to a voucher to support a proposition. 49) although they enlist in the army of the United States. mot Allegation. s. under other instrumets they usually wrote nata or testate. 71. 472. evidence aliunde will be received. n. Dig. ALITER. pending the progress of the suit. as an animal does. who agreed with the husband to support her for services. Ency. It has never been decided whether a citizen can. Alliances made for warlike purposes are divided in general into defensive and offensive. 151. or jointly waging the war against another nation. when a will contains an ambiguity. ALLEGIANCE. 6. this is submitted to the inspection of the counsel of the adverse party. 2 Dall. before it is allowed. ALLEGATION. 3. acquired. in order to obtain alimony. stating the property of the husband. It seems. civil law. Dig 38. If the opposition goes to the substance of the allegation. It is distiguished from collision in this. 429. they oppose the admission of it. going into any proof of the facts. This is a metaphorical expression. 159. (4 Bin. c. while resident in the United States. for the obvious reason that she has generally no other means of living. ALLEGATION OF FACULTIES When a suit is instituted in the English ecclesiastical courts. or local. n. as. English ecclesiastical law. 1. a point of law has been decided in a particular way. maritime law. 9 Mass. went to her father’s. 1 Clarke’s R. to signify that a case agrees in all its circumstances with another case. 10. which is also called affinity. ALL FOURS. 587.

directs that the standard for all gold coins of the United States. ALLUVION. 352. as by a current or by waves. Dis. h. 6. ALLOTMENT. as to allow a writ of error. 204. Smith’s Wealth of Nations. Coop. the prisoner is discharged. 50. 2 Bl. 1831. 1792. s. See avulsion. 2 Bouv. & Cress. had. 352. Feb. it is provided. and bears the name of allonge. _4. Inst. to the Senate of the U. 1. 13. A citizen or subject of . is too small to receive the endorsements which are to be made on it. ALLOCATIONE FACIENDA. Com. perfect accuracy. Prel. nine hundred shall be of pure metal. 23. 1. A writ commanding that an allowance be made to an accountant. 20. lib. the plaintiff is compelled to pay an allowance regulated by law. that the stadard for both gold and silver coim of the United States. ALLOWANCE TO A PRISONER. 49. It is a part of the definition that the addition. damages. 77. Vide Allocatur. An allowance upon account in the Exchequer. this is called the allocator. partition. and one hundred of alloy. 398 note. For the etymology of this word. Merl. Justin. U. and sect. shall be such. By the laws of. An inferior metal. See also. and in different pieces of coin. R. 2. and note by Chitty. To approve. Eng. 1 Story’s L. and the alloy of the silver coins shall be of copper. The laws of the United States make no allowance for deficiencies of weight. for such moneys as he has lawfully expended in his office. shall be one thousand four hundred and eighty−five parts fine. 1. practice. Cruise. to grant. 20. 45. shall be eleven parts fine to one part of alloy. By the act of Congress. c. 282. N. There would be some variety in the mixture of metals made at different times. that the silver do not exceed one−half of the whole alloy. In the English courts this word is used to indicate the master or prothonotary’s allowance of a sum referred for his consideration. _8. the judge directs it to be done. in coutradistinction to a feud. if not altogether. Alluvion differs from avulsion in this: that the latter is sudden and perceptible. by writing the word allowed and signing his name. 63. that such allowances have become. Coop. See 3 Mass. vol. in a great measure. another piece of paper is added to it. law.. To allow an amount is to admit or approve of it. or matter of account. 1692. n. 1 Bouv. In the imperfection of the art of coining. Lond. pars 1. whether touching costs. placing or adding to a thing. pp. 293. _13. The practice of making such allowances continued in all European mints after the reasns. or rather. water. Notice must be given to the plaintiff before the defendant can be discharged. unnecessary. and the tenure free and common socage. It is directed to the lord treasurer and barons of the exchequer. Story on P. and the striking of the coins. 343. although intended to be in the same proportions. Dig. 1. lib. tit. 111. 116. ALLONGE. when a writ of habeeas corpus is prayed for. the mixture of the metals used. _20. Inst. But the art of coining metals has now so nearly attained perfection. Lee’s Dict. 22. 2. 151. 3 Mass. 1 Swift’s Dig. 9. Code Civil Annote No. 2. Signifies an absolute estate of inheritance. 2. 12. ALLOCATUR. 1. could not be effected with. A power which has entered into an alliance with another power. 1 Gill & Johns. that of one thousand parts by weight. that the standard for all silver coins of the United States. Law Journ. law. 1 art. and silver in making coin or public money. all the states. Angell on Tide Waters. and in default of such payment at the time required. or other paper. 91. ALLODIUM estates. 556. The proprietor of the bank increased by alluvion is entitled to the addition. for his maintenance and support. In this country the title to land is essentially allodial. 1. it is believed. 249. R. in a great measure at least. 74. Story on Bills. ceased. TO ALLOW. 3 Kent. c. 390. 219. 2 Amer. Lord Raym. t. to one hundred and seventy−nine parts alloy. 2 Bl. 4. The allowance of a writ. Inst. h. vide 3 Kent Com. 5. ALLOY. pp. p. 64. 262. Eng. 3 Barn. Pard. Eucy. 458. Rights. 39. e. The act of Congress of 2d of April. Dig. 1. and every tenant in fee simple has an absolute and perfect title. in the weight and purity of coins. Distribution by lot. Com. Schultes on Aq. and the alloy of gold coins shall be of copper and silver. Angell on Water Courses. Just. yet in technical language his estate is called an estate in fee simple. practice. When a bill of exchange. although struck by the same process and from the same die. provided. Just. 18th Feb. Com. 2. t. international law. 1. to grant it. Dig. n. g. 1821. or ALLAY. 41. sect.ALLOCATION. See Report of the Secretary of State of the United States. when a poor debtor is in arrest in a civil suit. should be so gradual that no one can judge how much is added at each moment of time. Dig. Inst.. See Rider. S. Originally. S. t. ALLY. is to approve of it. used with gold. 41. _121. it was one of the allowances known by the name of remedy for errors. 7. upon which they were originally founded. Rep. French law. 1. i. 2. The insensible increase of the earth on a shore or bank of a river by the force of the. 213.

1 Inst. Rep. Shelford on Mortmain. cannot be changed by a parol agreement. First month. 9 Pick. every one enjoys this privilege. to build his house as high as he may think proper. it renders it void. 170. 370. without the consent of the other party. is sometimes called an ally. _ 566. Intern. 451. Ev. 12. Vin. makes it all parol. 17. h. Ab. either in a certain regular order. pl. limited sense. 4. R. ALTA PRODITIO. unless he. The one or the other of two things. March. but if the change has not such tendency.N. for example. A spoliation. Law. 564. c. The name of a servitude which consists in the right. Cooke.. use the terms. 1. 298. 12 Vin. 579. Dane’s Ab. ALTIUS NON TOLLENDI. t. 107. to him who is entitled to it. Ab Tenure. Cro. 2. and these are equally valid in such writings. R. Par. 3 Harr. C. When the contract is. 99. 121. Pet. will not affect the legal character of the instrument. or to deliver a horse. ALTERATION. some sects. 4 Cowen. Ev. and. it will not be considered an alteration. 1 East. 1 Dougl. made by parol. In general. 15. ALLODARII. the whole will be considered as a parol agreement. 1 Wash. In a more. & John. 200. the rising and setting of the sun. The name of a servitude due by the owner of a house. 414. In drawing up treaties and conventions. R. See Spoliation. 7 Greenl. Election Cas. 2 Penna. 454. which is the mutilation of the instrument by the act of a stranger. The courts will take judicial notice of the almanac. In its most extensive sense. instead of writing January. the Quakers. When the contract is evidenced by a specialty. 115. C. ALTERNATIVE. Vide Election. 38. pt. 802. 394. H. 12. To change. 353. therefore. ALTERNAT. by which he is restrained from building beyond a certain height. 516. 2 Cro. and a variety of other matter. or in the instrument which is evidence of it. and the alteration may be either in writing or not in writing. 76. 6 Rob. See. or one determined by lot. generally. Offerings made on the altar. h. 1 John. It is a general rule that the terms of a contract under seal. Vide 1 Smith’s Laws of Pennsylvania. eccl. the rule which renders it unlawful for a citizen of the United States to trade or carry on commerce with an enemy. Eliz. 5 Cowen. The name of a usage among diplomatists by which the ranl and places of different powers. 566. the days of the month and week. in writing. but see 3 S. for example. however. and 1. The contract may at any time be altered with the consent of the parties. it is the usage of certain powers to alternate. High treason. but not under seal. 8. But it has been decided that an alteration of a contract by specialty. Obligation. 3 Blackf. by so changing the character of the instrument.. 9 Pick. 2. Ab. 298. Bac. and. who have the same rights and pretensions to precedence. ALTIUS TOLLENDI. 1 Fairf. TO ALTER. for example. it signifies what is given by public authority for the relief of the poor. are changed from time to time. in which are set down the revolutions of the seasons. he has the alternative. 22. &c. and it is altered by parol. 3. & John. 406. 2 Dall. 2. R. positions and phenomena of the heavenly bodies. the months of the year. 4 Rob. 251.. Cas. if it be a deed. civil law. so that each power occupies.& R. 25. 438. civil law. in the copy intended to be delivered to it. 1 Greenl. as. Interlineation. law. the most remarkable conjunctions. law. ALMANAC. This differs from spoliation.. Alterations are made either in the contract itself. A table or calendar. 15 John. . law. Dig. Rep. 4. Such tenants. &c.. the phases of the moon. Evidence (A. b. 263. 2 Watts. 6 Mod. 2 Id. Rep. for example. of the powers in alliance. 2. In contracts a party has frequently the choice to perform one of several things. An act done upon an instrument in writing by a party entitled under it. if he is bound to pay one hundred dollars. it may be varied by parol. For alteration of instruments see Erasure. including all charities. any trace of the seal remains. t. Index. 3. Second month. all profits which accrue to the priest by means of the altar. Wheat. by which its meaning or language is changed. Book of Domesday. 1. 227. Eng. 3. 420. Ayl. When an alteration has a tendency to mislead. Heywood on Elections. R. 18 John. 5. also precludes an ally from similar intercourse. and the whole will make but one agreement. ALMS.) In dating instrments. 4. 221. 1 Greenl. this comprehends every species of relief bestowed upon the poor. Third month. 2 Watt 451. 500. wbo have as large an estate as a subject can have. 4 Bibb. it imports some fraud or design on the part of him who made it. 9 Cowen. Eng. ALTARAGE. 606. whether a certain day of the month was on a Sunday or not. 61. February. 6 Harr. both in the preamble and the signatures. A. on the contrary. note (x). Alternative. 217. _ 4. the first place. so long as the original writing remains legible. 2. 619.

in fact. that the ambassador.) ALUMNUS. Code I. 253. 1. l. Ab. c. v. Hardw. Hardw. Com. as when they are foreigners whom he brings with him. lib. 314. 1677. as to insult or openly to attack the laws of the government. A trader is not entitled to the protection of the statute. is similar in its provisions. Ayl. Vatt. 3 Burr. He is a minister of the highest rank. 2. and it requires also that the names of such servants shall be registered in the office of the secretary of state. or any domestic servant of such ambassador. 435. or application can be made to their own sovereign for their recall. ALTUM MARE. Law. s. 8. 3. AMANUENSIS. Bac. Index. civil law. 14.v. and of the object of their privilege. and the government he represents has exclusive cognizance of his conduct. A child which one has nursed. 1 Sav. generally. prove that he is bona fide the ambassador’s servant. at night in the house of the ambassador. the tabellions (q. and.. If. The British statute 7 Ann. Cowel. interaational law. 2 Vin. The high sea. The act of dtigress of April 30th. 1. A public minister sent abroad by some sovereign state or prince. 63. 2. The attendants of the ambassador are attached to his person. (q. 3 Burr. 38. complied about the end of the eleventh century. Cases Temp. Mar. 1731. R. Rom. A person in debt cannot be taken into an ambassador’s service in order to protect him. 1 Whart. while he resides in the foreign state. 50. 9. It is intended by this Latin word. 245. cap. __70−79. to arbitration. they should be so regardless of their duty. Ab. b. 6. 39. and from all responsibility to the laws. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute. Inst. 2. c. 3 Burr. The United States have always been represented by ministers plenipotentiary. 2 Id. 5. He must. The act provides that citizens or inhabitants of the United States who were indebted when they went into the service of an ambassador. s. Ambassadors.. 1776−7) To constitute a domestic servant within the meaning of the statute. and the 25th section of the same act. The name given to a collection of sea−laws. 1 Kent’s Com. 7. Cases Temp. c. 382. 16. and all officers executing such writ or process. absolutely from all allegiance. 182. Bouv. 401. and required to depart within a reasonable time. Age. with an imprisonment not exceeding three years. and represents the person of his sovereign. Dig. n. The 16th section imposes the like punishment on any person offering violence to the person of an ambassador or other restrained by home contrary title. AMBIDEXTER. or had been. Droit des Gens. never having sent a person of the rald of an. a foster child. 2. 5. in force in counries bordering on the Mediterranean. By fiction of law. 2 Wash. nor entitled to the privilege of the statute. 4. Inst. The former designation is exclusively applied to those sent on permanent missions. equally exempt from foreign jurisdiction. P Vide 1 Kent. 113. c. h. 12. Dr. Rutherf. 1731. 14. to designate one who plays on both sides. 1 Azun. 1 Burr. n. Ambassadors are ordinary or extraordinary. 4. as well when they are the natives of the country in which the ambassador resides. with a legal commission and authority to transact business on behalf of his country with the government to which he is sent. the latter. This is seldom or never . 6. 3. Com. are exempted. it extends to the family and servants of an ambassador. but it is necessary to show the nature of the service he renders and the actual performance of it. by the people of Amalphi. AMBASSADOR. A land waiter at the custom house is not such. C. Moy. 5. 1790. and it is an implied agreement among nations. Grot. AMALPHITAN CODE. makes void any writ or process sued forth or prosecuted against any ambassador authorized and received by the president of the United States. ambassador in the diplomatic sense. (3 Burr. an ambassador is considered as if he were out of the territory of the foreign power. 376. About the beginning of the sixth century. and. 1 Bl. and control of his person. l. when acknowledged as such. it is not necessary that the servant should lodge. 40. t. Oe who write another dictates. 4. and the effects in his use are under his protection and privilege. 25. 8. Dig. h. High and low. Vattel. ALTO ET BASSO. Pand. to those employed on particular or extraordinary occasions. shall not be protected as to such debt. and a fine at the discretion of the court. and all attorneys − and soliciters prosecuting or soliciting in such case. 286. t.) were known by this name. their functions may be suspended by a refusal to treat with them. 10. punishes any person who shall sue forth or proseeute such writ or process. on account of its being collected into one regular system. Dig. however. it was for a long time received as authority in those countries. t. in a legal sense it is taken for a juror or embraceor who takes money from the parties for giving his verdict. 4. t. alto et basso. It consists of the laws on maritime subjects which were. b. or they may be dismissed. C. shall be considered as a member of his own country. or residing at a foreign court for an indeterminate period.

Senate. In Pennsylvania. allowable at the discretion of the court under certain statutes passed for allowing amendments of the record. when so made. if a man devise property to his cousin A B. subject to answer in a court of justice liable to punishment. When au expression has been used in an instrument of writing which may be understood in more than one sense. as ambulatoria res. The senate has no power to originate any money bills. 3 Bl. The second or patent ambiguity occurs when a clause in a deed. 2 Salk. or other instrument. AMENDE HONORABLE. The constitution of the United States. Co. 2. lib. that no amendment which may be made prior to the year one thousand eight hundred and eight. this rule is somewhat qualified. 47. 482. 5. construction. which has to put a construction on the instrument. for the furtherance of justice they may be made while the proceedings are in paper. Co. v. potestas. and up to the latest period of the action. or. it is said there is an ambiguity. 1 Branch. 1. on the application of the legislatures of two−thirds of the several states. 3 Stark. in either case. are in all cases in the discretion of the court." AMMENDMENT. in the exercise of this discretion. t. which. 4. or the king.) but may propose and make amendments to such as have passed the House of representatives. AMBIGUITY. 260. Sudg. or for the purpose of making reparation for any injury done to another. where there has been a verdict in a civil or criminal case. but the ambiguity is produced by something extrinsic. and a ortch in the hand. be made after the term. and he has two cousins of that name. 1 Salk. t. Calvini Lexic. & R. 43 Plaidoyer. Vend. until judgment is signed. AMENABLE. and lib. to all intents and purposes. Responsible. 9 Ala. ambulatoria actio. shall be deprived of its equal suffrage in the Senate. and even after judgment is signed. without its consent. 31. shall call a convention for proposing amendments. 1. but. in such case parol evidence will be received to explain the ambiguity. 45. or any private individual. p. will. There are two sorts of amiguities of words. Reg. lib. 22. 8. Vide generally. 756. 17. when ratified by the legislatures of three−fourths of the several states. 437. practice. 407. and even after error brought. 2. Merlin Rep. in most cases. 1. Com. An alteration or change of something proposed in a bill. 1. however. AMBULATORIA VOLUNTAS. Litt. shall be valid. whenever two−thirds of both houses shall deem it necessary. by allowance of the court. Oeuvres. 4 Binn. see D’Agaesseau. shall propose amendments to this constitution. The first occurs when the deed or instrument is sufficiently certain and free from ambiguity. contracts. although formerly the rule was otherwise. for until the end of the term the proceedings are considered in fieri. 67. 1791. as part of this constitution. tom. 1 Phu. that a court of law. h. with a rope about hte neck. The civil law on this subject will be found in Dig. it was abolished by the law of the 25th of September. independently of any statutory provision on the subject. 8 Salk. 4. &c. and which bore the same name. for some delinquency. shall. The correction. Dig. Bac. 1. Ev. amendment is. 23. Amendments at common law. de Jur. evidence of the declaration of the party cannot be submitted to explain his intention. 2. A remittitur damna may be allowed .’t. conditio. Com. Either house of the legislature has a rigt to make amendments. of an error committed in the progress of a cause. A punishment somewhat similar to this. Max. or by conventions in three−fourths thereof. art. for example. are as follows: "Congress. or some collateral matter out of the instrument. 246. ambiguitas latens and ambiguitas patens. t. and the clause will be void for its uncertainty. The provisions contained in tho constitution of the United States. 3. I Com. A phrase used to designate that a man has the power to alter his will or testament as long as he lives. in any manner. that is. Vide Congress. 113. was common in France. 410 to 420. 379. and begging the pardon of God. a. 3. as the walking into church in a white sheet. 2. and consequently subject to the control of the court. 666 . 260. as the one or the other mode of ratification may be proposed by Congress: Provided. 4.done in the United States. 587. and that no state. 432. they must be sanctioned by the other house before they can become a law. Litt. 1021 . 2 Serg. legislation. and during the term in which it is signed. Ev. as a punishment for any offence. 2 Burr. 407. and the constitutions of some of the states. This form of phrase frequently occurs in writers on the civil law. They may. 575. is so defectively expressed. and in later times the judges have been much more liberal than formerly. 647. EngIish law. affect the first and fourth clauses in the ninth section of the first article. 3 Bl. is unable to collect the intention of the party. 50. 3. AMENDMENT. In such case. For the form of a sentence of amende horrorable. A penalty imposed upon a person by way of disgrace or infamy. provide for their amendment. 3 McLean. 3 Binn. 3. (q.

AMICABLE ACTION.after error. however. may make an application to the court in favor of an infant. 3. lib. Kitch. Vide Bac. Pennsylvania practice. it is express. for the purpose of restoring tranquillity in the state. Ab Com. as far as the public interests are concerned. Abr. or any other officer of the king. 2. and it is implied. or orders of the court. Ab. rules. 200. But sometimes amnesties are limited. 350. that is. 4. 159. 1 Bin. 3 Bl. and certain classes are excluded from their operation. 4. An amicable action may be entered by attorney. Steph. That of pardon. 1 Bin. t. the death of the defendant may be suggested after errer coram nobis. AMERCEMENT. 83. when so declared in direct terms. Encycl. 2 South. is an act of the same authority. when a treaty of peace is made between contending parties. cap. Fleta. independently of the provisions of the act of 1866. By statute 24 Geo. 116. Amnesty and pardon. A paternal aunt. Pardon is always given to individuals. A satisfaction. 433. as. may inform the court. as the court of error must take the record as they find it. has the effect of destroying the criminal act. the record may be amended after error. 2 Green. But the application must be made for the remittitur in the court below. Coxe. 313. Pr. though he be no relation. 341. Non licet aliquem in sua absentia amerciare nisi per ejus defaltas. In New Jersey and Ohio. Inst. so that it is as if it had not been committed. 486. 21 March. Caines’ Cases. 5 Halst. 2 Vin. & R. when by the amendment he would be prejudiced or exposed to unreasonable delay. 6.t. 6 Halst. the sheriff may. Addis. 452. 1 Green. AMI. the latter. 720. and the defendant had been regularly summoned. 372. liv. A pecuniary penalty imposed upon a person who is in misericordia. 453. Amerciament royal. 75. when a judge is doubtful or mistaken in a matter of law. the sister of one’s father. Com.. AMERCEMENT. 49. and it is in general given to whole classes of criminals or supposed criminals. Pr. An amnesty is either express or implied. The former is an act of the sove reign power. 1 Lilly’s Reg. 81. 2. Vide Prochein amy. 1 Yeates. 169. 44. and any one. such action is considered as if it. it is not allowed. by statutory provision. to those who may have been so. h. 275. amy. 299. 221. practice. 20. is the remission of the whole or a part of the punishment awarded by the law. 1 Ham. A friend of the court. 4 Bin. usually upon condition that they return to their duty within a certain period. 3. 136. if the sheriff failed in obeying the writs. Fines and Amercements. 4 Bl. upon being notified of an intended suit against them. 3 Id. Dig. Willes’ Rep. the object of which is to efface and to cause to be forgotten. AMENDS. 6 Ham. 186. 319. __1 and. 671. 8 Co. government. be amerced for making a return contrary to the provision of the statute. 524. 61. justices of the peace. in distinction from a fine which is expressed according to the statute. Bar. Amer. 2 Serg. . English law. 29. h. practice. Cases. An action entered by agreement of parties on the dockets of the courts. See Act of Penn. Index. 2. 5. which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. 1772. 270. 178. 3 Halst. 3. Pt. AMICUS CURIAE. 22. a crime or misdemeanor. h. h. 2 Sell. who as a stander by. II. none can be amerced in his absence. & R. 1 Ves. pardon is forgiveness. 7 Pet. 567. Formerly. An act of oblivion of past offences. as it is written in old works. A friend. 517. _20. Com. 334. 1 Serg. the conviction remaining unaffected when only a partial pardon is granted: an amnesty on the concrary. By the common law. 184. 2. and by similar statutes in some of the United States. t. Their application also differs. but this practice has been superseded by attachment. 295. 8 Er & R. & R. 2. always Iimited by due consideration of the rights of the opposite party. may tender amends fore the wrong alleged or done by them in their official character. the tender debars the action. Pl. are very different. AMITA. as amicus curia. AMNESTY. Amendments are. given by a wrong doer to the party injured for a wrong committed. Viner’s. amnesty. Wright. and if found sufficient. Bouv. 406. So by agreement of attormeys. 58. 169. Amnesty is the abolition and forgetfulness of the offence. for example. or. or recessit in contemptum curioe. had been adversely commenced. 3. a penalty might be imposed upon bim. when the amerciament is made by the sheriff. 160. in England. and.2. I Johns. 2 Inst. 2. granted by the government to those who have been guilty of any neglect or crime. c. 6 Bin. One. A pecuniary punishment arbitrarily imposed by some lord or count. except for his default.. Inst. 2 Binn. 115. and properly only after judgment or conviction: amnesty may be granted either before judgment or afterwards. 271. 97. 65. 475. 2 Ham. 2 Arch. or has been convicted. when the defendant se retaxit. 21. and this. although error be brought on the ground of the excess of damages remitted. Sen. 603. 5 Serg. he might be amerced. t. Ab. So. c. _15. 2 Dall. 78. A pardon is given to one who is certainly guilty. AMERCIAMENT. Grah. Their effects are also different. Vide Vattel. when entered.

Signifies the giving a duplicate of an acquittance or other instrument. is an ouster which happens by a species of disseisin or turning out of the legal propritor before his estate is determined. 30. on Adv. Wille. Dict. AMPLIATION. in order that it may be produced in different places. & Cres. A punishment by which a person is separate from. Com. a French word. 212. Bl. comtruction. Rep. 4 T. n. 32. Vide Ang. An amotion of possession from an estate. 2. Wilcock on Mun. ANARCHY. C. civil law. 855. is to draw conclusions based on this similitude of relations. 1962. t. n. This is forbidden. which simply forbids the person excommunicated. or by writing the letters N. that though a corporation has express power of amotion. I. Talbot. R. on the resemblance. on Corpor. Talb.AMORTIZATION. and which are delivered to the parties. and amount to breaches of the tacit condition annexed to his office. v. 6 Ves." Doug.) AMPLIATION. 2 Binn. eccl. 1. the judges pronounced the word amplius. 1 Eden’s R. signifying that the cause was not clear. R. 2. 3 Swanst. An alienation of lands or tenements in mortraain. 11 Rep. 561. by extension. Hale’s Com. "It is this guide. Ang. 3 Atk. this power is incident as much as the power of making by−laws. In this case. 3 Bro. t. Courts of equity have considered contracts for compounding interest illegal. cur. 3. 4. 1 Turn. 7 Barn. 708. Law. which leads the law lawgiver. But . 168. from the nature of the corporation. Civ. 2. 236. which is applicable to members. & R. as being an offence not only against the duty of his officer but also a matter indictable at common law. thirdly. for non liquet. 477. The similitude of relations which exist between things compared. R. or the connexion which is perceived between the objects compared. vult. 151. 349. 557. See Year. 103. AMOTION. Code. 338. A deferring of judgment until the cause is further examined. In Rex v. first. as such. contracts. 199. and waste. from going into the church and communicating with the faithful. Rep. AMY or ami. And Lord Mansfield considered the law as settled. (q. To alien lands in mortmain. Lord Mansfield specified three sorts of offences for which an officer might be discharged. 8. 2068. See generally. the lawgiver has established general and uniform laws. civil law. tort. C. are also called ampliations. 563. 2022. 141. and within the statute of usury. 1. and that there was no authority since Bagg’s Case. 1 Burr. 313. Cas. ANALOGY. 99. To reason analogically. & Ry. 190. 1 Ch. Cas. 9.L. which it is unnecessary to repeat in all analogous cases. t. liv. 30. & Am. it signifies confusion in government. Mass. Enjoym. and forbidden all intercourse with the faithful: it differs from excommunication. 1. ET WASTE. 251. it differs from disfranchisement. lib. 1 R. contracts. with reason. 448. it is usual in the courts when time is taken to form a judgment. Gal. And contra. 3 Bing. Analogy has been declared to be an argument or guide in forming legal judgments. 352. the citizen or subject of some friendly power or prince. et vide Com. 475. is not incident to every corporation. (q. 140. 1 Postlethwaite’s Dict. R. French law. which says. It is analogy which induces us. 35. He also observed: "We think that from the reason of the thing. JOUR. following the example of the Creator of the universe. 7 Dowl. In corporations and companies. 2 Ch. 1 Vern. AMOTION. 676. friend. R. 2 Str. The power of amotion is incident to a corporation. Corp. 4 Burr. 462. 265.) the next friend. on Corp. 6 Conn. 268. 198. a foreigner. 819. to enter a curia advisare vult. The absence of all political government. such as are only against his oath. t. The reduction of the property of lands or tenements to mortmain. 391. but are in themselves of so infamous a nature. The copies which notaries make out of acts passed before them. to suppose that. h. 6 Mass. Usury. such as have no immediate relation to the office. the body of the church. 3 Bl. and is very commonly a ground of such judgments. Wms. 1 W. 40." says Toollier. 129. ANATHEMA. & M. or of one who has a special property in them. the third offence is of a mixed nature. 639. 8 Bing R. 591. 632. without his observing it. jr. 1. and the duty of his office as a corporator. English law. which consists in taking interest on interest. 3. Alien amy. and for the sake of order and good government. yet for the first sort of offences there must be a previous indictment and conviction. 3 P. adv. Richardson. like other men. or receiving compound interest. Fr. de Jur. is the act of removing an officer from his office. for the second offense. AN. 2. 247. Cas. In practice. 31. R. v. law. c. & Cr. AMORTISE. that the power of trial as well as of amotion. ANATOCISM. t. secondly. Prochein amy. 149. 2 Stat. 639. as to render the offender unfit to execute any public franchise. Ed." Dr. signifying. day. 4 Barn. 675. Amotion is also applied to personal chattels when they are taken unlawfully out of the possession of the owner. Cas.

Com. & Cr. law. 1 Esp. 3 Camp. III. 1 Keb. 159. 481. 372. 3 East. It is proposed to consider. Eng. up to the great grandfather’s parents. 2 Saund. or know of. by forfeiture or other means. Bac. estates. III. would have that effect. as homage ancestral. for the effect of the rule would be greatly to impair the value of vacant lots. and the owner in fee did not acquiesce in. 1. What relates to or has. ANCESTRAL. law. See Ad. although there be no anchor cast. 1. 209. 299. Rep. 14. which by age alone has acquired some force. By lapse of time. Of the remedy for interrupting an ancient light. Bl.. Eliz.when the interest has once accrued. 332. cap. F. they term. 159. 1 Vent. Sid. 477.. and enjoyed without molestation by the owner of the house. The building of a blank wall where the lights formerly existed. This toll is said to be incident to almost every port. been done by one’s ancestors. Windows which have been opened for twenty years or more. he cannot obstruct lights on the premises granted by him. 553. Com. unless he had gained a right to the window by prescription. 11 East. See 2 Bl. the use of the light. 446. unexplained. 3 Camp. Hamm. 11 East. 188. Pand. for twenty yers or upwards. an ascendant. 126. as may appear by the statute 25 Ed. An abandonment of the right by express agreement. Ev. 2 Saund. Dig. Sal. 1. (as a malt house. 5 Har.) it is entitled in its new state only to the same degree of light which was necessary in its former state. Com. Com. or a tenaucy for years. − _1. & Pull. 9 Ca. 88. The term ancestor is applied to natural persons.. Com. Esp. ANCHORAGE. 1 Wm. and so in the statute of 6 R. 57. N. 1. In the common law. How the right of opening or keeping a window open is gained. 4. R. 4. What amounts to interruption of an ancient light. Cary’s Litt. Mereatoria. 9 Co. A toll paid for every anchor cast from a ship into a river. 4 Inst. and see 3 Campb. 2. ch. P. 1. Where a window has been completely blocked up for twenty years. 146 et eq. 372. Those lands which either were reserved to the crown at the original distribution of landed property. Comb. 227. will deprive the party having such ancient light of his right to it. 14. descents. But if the window was opened during the seisin of a mere tenant for life. G 10. 237. hob. 2. 12 Mass. 1 Price. 264. 157. But the civilians relations in the ascending line. ANCHOR. Lex. 1 Leon. 114. How the right of ancient light is gained. See also 1 Bos. 4. N. 118. A. − _3. he may sustain the action. 4 Camp. 514. for in the descendants of like degree they are called posteriores.. 167. ANCIENT DEMESNE. 286. of these that are higher. a jury may be directed to presume a right by grant. 2 Rolle’s Abr. 3 Kent. 6. 58. . ancient writings. The remedy for obstructing an ancient light. De natis ultra mare. B. 27. It has been justly remarked. 6. and by many others. a. R. or by acts from which an abandonment may be inferred. 2 Chit. What amounts to an interruption of an ancient light. 6 Mod. 122. merc. 148. By grant. or otherwise. Ayl. 140. P. R. 87. Bac. are used in respect to the persons composing a body corporate. 3 B. 116. n. Ab. One who has preceded another in a direct line of descent. and sometimes a toll bearing this name is paid.220. Where a building has been used twenty years to one purpose. that the English doctrine as to ancient lights can hardly be regarded as applicable to narrow lots in the new and growing cities of this country. 636. Ab. 3. Abr. 3. 24. Raym. Cro. 5. t. 12 Mass. he would not be bound. 116. that upon proof of an adverse enjoyment of light. majores. A measure containing ten gallons. 12 Mass. 176. & John. 80. but there should be some sensible diminution of the light and air. 1090. h. and in such case no lapse of time necessary to confirm the grantee’s right to enjoy them.45. 69. 58. p. as ancient lights. Phil. If the owner of a close builds a house upon one half of it. Carth. 2. so as to carry interest in futuro. with a window lighted from the other half. and a balance has been settled between the parties. Law. 6 Mod. The words predecessors and successors. And see Bac. 16. Formerly it was holden that a party could not maintain an action for a nuisance to an ancient light. 444. 322. 325. it loses its privilege. t. & Ell. L. they may lawfully agree to turn such interest into principal.) and it is converted to another. h. which common lawyers aptly expound antecessors or ancestors. The building a wall which merely obstructs the right. and if the party cannot enjoy the light in so free and ample a manner as he did before. N. 289. 2. the word is understood as well of the immediate parents. or those having low buildings upon them. and the like. n. Actions on the Case. 454. s. ANCESTOR. is not actionable. on Usury. ANCIENT. 202. − _2. But the modern doctrine is. 400. 616. Selw. Dig. or such as came to it afterwards. and those above them.− Total deprivation of light is not necesary to sustain this action. 58. Something old. Esp. D. Nusans. as. 1 Campb. in the neighborhood of other buildings more than twenty years old. Com. An action on the case will lie against a person who obstructs an ancient light. ANCIENT LIGHTS. 1 Lev. Action on the Case for a Nuisance. (as a dwelling−house. 413. 1 Bl.

620. R. English law. 401. Plowd. 218. 390. 4 Esp. Tr. But in animals ferae naturae. but such new window may be immediately obstructed to prevent a right to it being acquired by twenty years use. Pres. 23 Am.. 559. Pr. and will not stray from his house and person unless by accident or fraudulent enticement. without any other proof of their execution than that they have been in the possession of those claiming rights under them. and the . Detinue. a man may have an absolute property. 13 Johns. all who have passed their readings are termed ancients. The taking by one nation of the citizens or subjects of another. 1 Holt. 305. 1. the owner of an animal is answerable for the damage he may cause. 55. 312. 1 Smith’s Chan. by abandoning him to the person who has sustained the injury. In the Inas of Chancery. 446. Ab. 10 Id. ANIENS. 2 Russ. Math on Pres. 26. 466. 319. 285. 292. − 3. of such an animal may be indicted for a common nuisance. 46 to 64. 24 E. and such as are ferae naturae. 365. 175. 187. 1 id.. 593. Deeds. or is. a man can have no absolute property. 1 Leigh’s N. But in the case of deeds. 7. in either of which cases the owner does not lose his property. t. 16 Vin. 3 Kent. or has strayed more than a day. 1 B. D. 10. Com. de Jure lar. Animals are distinguished into such as are domitae. 21 Id. Biens. (2. 143. t. for then he must pay all the harm done. Abr. 6. In Louisiana. clearly fall within the same rule. 4. are considered ancient writings. in species. 214. 318 to 323. 396. That which is subordinate on. 198. Com. ANGEL. 44. Code.b. 8. Lord Raym. B. Domat. & A. 309. When the right is clearly established. liv. An ancient English coin of the value of ten shillings sterling. apes. but if the animal be lost. his property instantly ceases. 646. Coop. 7 Johns. 1 Russ. 206. sheep. 1619−23. C. 5. Com. Abr. bears. ANCIENT WRITINGS. Index. R. The owner. per Pais. N.1264. R. 6. Encyc. In Gray’s Inn. 15. 280. by reason of the baseness of their nature. 110. as. ANIMAL. 7 Wheat. 8. Ch. and others which. 1 Chit. possession must have accompanied them. 2 Watts. 3 John. C. It is laid down. L. though they may be reclaimed. h. R. Bro. Jr. 2 Mod. 2301. it conts of ancients. Those which. subordinate to. Burn’s Just. This principle agrees with the civil law. F. 7. is responsible. 2 Bro. They may in general be read in evidence. 16. courts of equity will grant an injunction to restrain a party from building so near the plaintiff’s house as to darken his windows. 24 Id. p. 546. See Injunction. 370. Cas. 373. and oftener reclaimed by art and industry. R. The owner of a mischievous animal. 8. 1 Mod. Nuisance. C. n. poultry. 1 Starkie’s Cas. 82. 496. C. Inst. Vni. 338. Jac. L. Ab. such as horse. 2 Str. 2. 7 Co. Lond. he may discharge himself from this responsibility. N. 2. 87. 9 Ves. ANCIENTS. 99. Justin. 3 Campb. See also 3 Caines’ Rep. 643. And any person may justify the killing of such ferocious animals. 482. for the damages he may do. n. in order to compel the latter to do justice to the former.& R. Inst. Dig. 5 T. wills. 17 b. A term for eldership or seniority used in the statute of Ireland. 2 Vern. C. 268. 6. 1 ANDROLEPSY. Wolff. Johns. the ancients are the oldest barristers. 1. kine. 2 Bl. which are now usually tamed. R. 458. Com. 457.) ANCIENTLY. evidence. 2 Esp. and other writings more than thirty years old. C. 1 Esp. 2 Bouv. 7 East. are not Such that at common law a larceny may be committed of them. ferrets. Pr. 4 Campb. because they coutiaue perpetually in his possession and occupation. 56. 259. Plan. 26. 9 Johns. 3 Binn. Some animals. Law. See Bouv. P. 28 Id. 9 Bing. 3. s. F. 331. besides which the society consists of benchers. 5 C. 161. A term for gentlemen in the Inns of Courts who are of a certain standing. 2 Day’s R. A name given to every animated being endowed with the power of voluntary motion. 7. 5. Propertie. Civ. In some of our law books signifies void. 617. P. 2. and students or clerks. 275. Pr. 1 Story on Eq _926. some other decision. ANIMANLS OF A BASE NATURE. − 5. come within this class. s. that in tame or domestic animals. though wild by nature. English law. 19 Wend. Nor is the opening windows and destroying. 65. 106. monkeys. See Blath. property. Bro. known to him to be so. R. 1 Ch. 1. R. barristers and students. and the like. R. Rep. 16 Ves. ANCILLARY. 9. M. 208. without being allowed to make the abndonment. 14 Hen. t. 558. Lois Civ. 121. 2d ed. 37. Molloy. Inst. 233. they belong to him only while they continue in his keeping or actual possession. L. except where the master turns loose a dangerous or noxious animal. for if at any they regain their natural liberty. R. B. 2 C. foxes. 279. _1164. See generally on this subject. unless they have animum revertendi. 77. S. which is only to be known by their usual habit of returning. 1 Nels. 271. when he permits him to go at large. the privacy of the adjoining property. of no force. art. Eden on Inj. 4 Simm. it signifies all animals ecept those of the him. R. 1. In law. 12 E. h. 2 T. as dogs and cats. 2 Bl. 2. 1. Cr. Jur. In the Middle Temple.& P.

animus farandi. 1. 3. Half a year’s stipend over and above what is owing for the incumbency due to a minister’s relict. Scotch law. ecc. fixed. the value of one year’s profit. C. but which are not actually annexed. or chattels. 5 M. after his decease. which were paid to Rome monasteries. absentee. 3 or the summoning of an. R. 36. of Pen. 84. This term has been applied to the union of one country. (q. ANNO DOMINI. civil law. 3 Inst. p. Com. A. 1 Ashm. the intention of remaining. 42. C. 614. he acquires no title. ANIMUS RECIPIENDI. The computation of time from the incarnation of our Saviour which is used as the date of all public deeds in the United tites and Christian countries. for without such intention no new domicil can be gained. is expressed in the definition of larceny by the word felonious. 1845. animus maiaendi. ANIMUS CANCELLANDI. v. Whether the act of a man. 236. abrogated or made null. 229. 62. for whatever form may have been adopted. if there was no animus testandi. A man will acquire no title to a thing unless he possesses it with an intention of receiving it for himself. 2. 469. 2 East. abbreviated. 503. Com. The intention to steal. See Domicile. charging the person of the grantor only.) annexation is actual or constructive. if a thing be bailed to a man. the mind with which a thing is done. C. R. as Texas was annexed to the United States by the joint reolution of Congress of larch 1. An intention to make a testament or will. 312. Wishaw. there can be no will. Bl. which relate to the title of the inheritance. The intention of remaining. to another. the intention or purpose of delaying. 107. 1 Hawk. when in appearance criminal. Vide Intention. note 2. In another sense. 40. contracts. An idiot for example. v. Annual rent. 96. although it may afterwards be converted animo furandi to the taker’s use. 2 Tyler’s R. P. the original right of burdening land with payment yearly for the payment of money. (q. on Fixtures. ANIMUS MANENDI. or child. on which account it is called the "vulgar vera. 2 Russ. ANIMUS. In the law relating to fixtures. By constructive annexation is understood the union of such things as have been holden parcel of the realty. _3. as. 4 Bl. Ab. 109. 137. an abbreviation of annus. By actual annexation is understood every movement by which a chattel can be joined or united to the freehold. The intent. 4. 144. Hale. A yearly profit due to a creditor by way of interest for a given sum of money. crim. The intention of receiving. v. annotations were the answers of the prince to questions put to him by private persons respecting some doubtful point of law. ANNOTATION. R. 2. Bac. An intention to destroy or cancel. Felony. 272. When the taking of property is lawful. See Texas. but this. 3 Inst. 4 Bl. property. ANIMUS FURANDI. The intention of returning. This is required to make a valid will. deeds. with the intention of remaining there. ANNUITY. See 1 Saund. for example. 4 Co. ANNIENTED. . 2. ANN. Prin. if he leaves it animo revertendi. auimus morandi. A species of rent issuing out of certain lands. yearly sum of money granted by one party to another in fee for life or years. 294. 281. Fost. 512. 2. which is twelve years. The designation of a place of deportation. 3 Rawle. 22. lib. 1 Hale. D. C. year. 1 Lilly’s Reg. Shep. Dig h. ANNEXATION. Com. The least tearing of a will by a testator. sect. 97. & Mood. 33. ANNI NUBILES. ANIMUS REVERTENDI. The union of one thing to another. 108. ann or rather an. Law. renders it invalid. In the old law French writers." ANNONAE CIVILES. Com. the intention of cancelling. To acquire a domicil. Vide 2 Russ. it is not larceny. Id. 511. animus cancellandi. 32. can make no will. See Rescript. civil on Cr. c. law. as animus. signifies a year. 3 Inst. s. Litt.) the thief must take the property anino furandi. the party must have his abode in one place. Litt. 40. Vide Anios & Fer. 2 Bl. be so or not. First fruits paid out of spiritual benefices to the pope. Co. 5. Right of annual rent. ANNUAL PENSION. the intention of stealing. A man retains his domicil. C. being. law. Dig. From the French aneantir. Dig. 279. P. Scotch law. C. ANNATES. 18. 312. on Cr. An anuity is a. 741. depends upon the intention with which it was done. and the old will not be lost. 160. or next of kin. 225. or fastened to the freehold. ANIMUS TESTANDI. P.. Pop. The age at which a girl becomes by law fit for marriage. 14 Johns. 126. Ry. 89.. Also. In order to comstitute larceny. Rep. Co. because he has no intention. See Cancellation.. Touch. cancellandi. in the year of our Lord. R. also of annates.

it is then due. and the interest to be given as an annuity to the same man for life. 26. This word is applied to such. but for the annuity and the arrearages. 113. c. 3 Brod. The debtor. note to Ex parte James. the first payment will not accrue before the expiration of the second year after ihe testator’s death. 5. c. if no mention be made of the time in the act. payable out of lands during the life of B. 230. 2. if any time has been fixed. is attainted of felony. as frequently happens in will. for many. h. according to the order of contribution amongst the creditors. See stat. 708. The amount of the annuity for life can in no case exceed the double of the conventional interest. 12. Bac. 3 Mad. but to waste and demolish houses. If he does not give the lender the securities promised by the contract. Annuity. which they shall limit. Dig. l Sup. A. The amount of the perpetual annuity cannot exceed the double of the conventional interest. Annuity. An annuity may be created by contract. and to extirpate woods and trees. 6. 14. a rent charge is a burden imposed upon and issuing out of lands. 15. aux mots Rentes viageres. Davies’ Rep. or their grantees. 7. R. or be in a state of insolvency.books. 588. which are published . 8 Com. Doct. Litt. or after ten years. Roll. 431. regulations in England relating to annuities. 2766. Doet. 4 M. 1 Rop. and the arrears of constituted and life annuity. Abr. Cooper. a. The Civil Code of Louisiana makes the following provisions in relation to annuities. 336. He acquires the power not only to take the profits for a full year. IV. & S. See. Dig. 1. Annuity. whereas an annuity is chargeable only upon the person of the grantee. 909. This is but a chattel interest.. Without name. Jr. to Ves. The first payment of an annuity is to be made at the time appointed in the instrument creating it. 4 Ves. may be compelled by his security to redeem the annuity within the time which has been fixed in the contract. Ch. The action of debt cannot be maintained at the common law. though stated from the bench. The parties may only agree. It has been ruled also. Dig. the following distinction is presumed to exist. Abr. 763. & Bing. 14.. Art. Tontine. If the bequest be merely in the form of an annuity as a gift to a man of "an annuity of one hnndred dollars for life" the first payment will be due at the end of the year after the testator’s death. Plac. 293. Art. the writ faileth forever because no such action is maintainable for arrearages only. See 10 Watts. the Stat. Art. or other period before the expiration of the first year after his death. to Ves. 2765. If the debtor should fail. does not appear to have been sanctioned by express decision. Ab. 1 Supp. The debtor of a constituted annuity may be compelled to redeem the same: 1. it is generally called an annuity. namely: The contract of annuity is that by which one party delivers to another a sum of money. 5 Ves. Art. But if the disposition be of a sum of money. and the annuity determines pending the suit. t. on Leg. Constituted annuity is essentially redeemable. ANONYMOUS. but in fact it is not payable by the executor till the end of the year. 97. when the money is chargeable on land and on the person. de Jurisp. cannot bear interest but from the day a judicial demand of the same has been made by the creditor. 2. note to Franks v. however. 285. An anuuity is different from a rent charge. To enforce the payment of an annuity. 2770.Lumley on Annuities. 3. 84. 2769. or without having warned the creditor a time before. Art. The interest of the sums lent. so long as the freehold estates continues. 226. that the same shall not be redeemed prior to a time which cannot exceed ten years. 10. See generally. Art. B paying the annuity out of it. that if an action of annuity be brought. 54 and 108. continues the Code. III. This annuity mav be perpetual or for life. Annuity and Rent. Com. c. Abr. 308. with which it is frequently confounded. Art. Diet. 2764. but only up to the amount at wich it is rated. 3. or by the Stat. or by will. A similar rule to that contained in the last article has been adopted in England. 6 Moore. English law. ANNUM DIEM ET VASTUM. 1 Harr. so long as the receiver pays the rent agreed upon. Bac. against the grantor and his heirs. 2768. 4. and Stud Dial. 30. 11. to whom the lands are devised for life. letters or papers. If he ceases fulfilling his obligations during three years: 2. when a party. and agrees not to reclaim it. Vin. 2. 6 Geo. for the arrears of an annuity devised to A. 2767. Jr. Art. s. 7 Ves. who held not of the king. In a less technical sense. 2 Inst. When the time is not appointed. 2771. 17 Geo. 9. In cases where testator directs the annuity to be paid at the end of the first quarter. 96. of 8 Anne. 16. the common law gives a writ of annuity which may be brought by the grantee or his heirs. the capital of the constituted annuity becomes exigible. and when the interest is due for at least one whole year. This distinction. 8. in this. The title which the king acquires in land. Co. 127. 167.

2. Before suit brought. In that part which consists of an examination. according to the defendant’s knowledge. 2. contracts. No man is bound to publish his name in connexion with a book or paper he has publisbed. then follows. case distinctly. ANTlCIPATION. Eq. it is one thing when it simply replies to a question. Com. _1187. Redes. As a defendant is called by a bill or information to make a discovery of the several cbarges it contains. If a witness unexpectedly state facts against the interest of the party calling him. or traverse and denial of the material parts of the bill 3d. 2d. obsolete See Anti−thetarius. Civ. he is equally responsible as if his name were published. B. or reply. the answer in equity includes both senses. 2 Kent. 371. a confession and avoidance. Inst. are answered. with the interrogatories founded thereon. Bouv. 51. filed by the plaintiff against him in a court of equity. one after the other. a statement of facts and not arguments 2d. n. In that part which consists of a defence. Gresl . 312 to 327. specifying which of the defendants it is the answer of. Wolff. the substance of the answer. A payment made contrary to such provision would not be considered as a discharge of the trustee. 4th. information and belief. See Manifesto. defence. he must do so. to the charges contained in a bill or information. 4. N. Vide generally as to answers. In deeds of trust there is frequently a provision that the income of the estate shall be paid by the trustee as it shall accrue. and of all other matters therein contained 5th. either for the purpose of qualifying. In substance. put a date to an instrument of a time before the time it was written. In form. and the like. its language ought to be direct and without evasion. The word answer involves a double sense. it usually begins. 244 to 254. These had all the rights of citizens. Treatise of a Suit in Equity.without the author’s name. ad proximun antecedens fiat relatio. To. with its title. P. as. and not by way of anticipation. the answer ought to contain. Index. It may be laid down as an invariable rule. it reserves to the defendant all the advantages which might be taken by exception to the bill. must be defended by answer. This term is applied to those who were born or resided within the United States before or at the time of the declaration of independence. ANTECEDENT. ANSWER. Tr. an ante−nuptial agreement.. 3. 19. to disprove those facts. For an historical account of this instrument. that whatever part of a bill or information is not covered by one of these. for the production of the witness is virtually an assertion by the party producing him. Something that goes before. see 2 Bro. except in the case of a corporation. 1st. Coop. Born before. Eq. a direct and full answer. ANTE−NUPTIAL. the answer is always upon oath or affirmation. or ad−ding to. ANTI−MANlFESTO. and Barton’s Hist. ANSWER. before controversy moved. unless he is protected either by a demurrer a plea or disclaimer. reference is always to be made to the last antecedent. Vide Date. PI. remembrance. A word used in the civil law to denote the contract by which a creditor acquires the . 2. PI. t. in which case it is under the corporate seal. The act of doing or taking a thing before its proper time. this is followed by a general traverse or denial of all unlawful combinations charged in the bill. other witnesses may be called by the same party. What takes place before marriage. which is an agreement made between a man and a woman in contemplation of marriage. Pl. the defendant must state his. Law. 34 et seq. Ch. by calling witnesses to prove his bad character for truth and veracity. The declaration of the reasons which one of the belligerents publishes. pleading in equity. A defence in writing made by a defendant. Vide Settlement. Redesd. ANTEDATE. In the construction of laws. But the party calling a witness cannot discredit him. must in general be given to every question asked. and the names of the plaintiffs in the cause in which it is filed as answer. but if the publication is libellous. ANTICHRESIS. ANTE LITEM MOTAM.. et seq. ANTENATI. practice. Tr. Beames PI. Ev. together with such additional matter as the defendant thinks necessary to bring forward in his. ANTHETARIUS. 3d. agreements. but is not required to give information respecting the proofs that are to maintain it. or to state a new case on his own behalf. 1st. or by proving that he has made statements out of court contrary to what he has sworn on the trial. another when it meets a charge. The declaration of a fact by a witness after a question has been put asking for it. the case made by the bill. to show that the war as to him is defensive. in which the matter of the bill. Ch. Eq. that he is credible. h. and may be divided into an examination and a defence. 244. But not only the antecedents but the subsequent clauses of the instrument must be considered: Ex antecedentibus et consequentibus fit optima interpretatio.

32. that though the proceedings are expressed as if occurring in term time. together with wager of battle. Resemblance. Litt. 1. practice. The name given to a man who endeavors to discharge himself of the crime of which he is accused. Dig. those from the time 1 R. It is derived from apostolos. 3. or apostles. t. 2. Dig. Eng.) This offence is punished by the statute of 9 and 10 W. APPARENT. since the time of memory. art. mot Apotres. by one who sets his name to the declaration. by retorting the charge on the accuser. Law Index. 2085. de Juris. It is to be observed. ANTITHETARIUS. Const. Louis. by the record. 2643. felony. In the British courts of admiralty. 2. R. ANTIQUA CUSTOMA. 713. Antichrese. annually. under oath if matter of record. he prays apostles from the judge. was so called. An officer or messenger employed to serve the process of the spiritual courts in England. because in the appeal the whole case is exainined and tried as if it had not been tried before. in a legal form. 1 S. He differs from an approver (q. should (in accordance with the ancient practice) purport to be in term time. The appearance. An appeal differs from proceedings in error. stating the case. t. 7 Mann. and then. and article Courts of the United States. A total renunciation of the Christian religion. Vide Christianity. 1 Code. Its object is to review the whole case. Merl. Code. Code Civ. Appeals of murder. 405. law. ANTINOMY. c. Rep. L. 4. The act by which a party submits to the decision of a superior court. 6 Burr. v. 3 Bin. nova statuta. Vide Conflict of Laws. law. ANTIQUA STATUTA. 219. much of the business is now done. APOSTLES. when a party appeals from a decision made against him. A part of a house occupied by a person. APPARLEMENT. and Adm. & R. Law. eccles. for a crime committed by him. It is a rule that those things which do not appear. 7 . This custom was called nova customa until the 22 Edw. while the rest is occupied by another. Bl. Serg. t. & A. Signifies the filing common or special bail to the action. Mortgage. 3. because the judge from whose sentence an appeal was made. 2 Brown’s Civ. 48. on condition of deducting. as well as of treason. It is required that all things upon which a court must pass. 438. either by themselves . I. B. APOSTACY. 46. practice. (q. 2793. v. APARTMENTS. 123 b. that the latter does not charge the accuser. law. The accusation of a person. Bac. 49. are to be considered as not existing de non apparentibus et non existentibus eadem est ratio. 20. APPARATOR or APPARITOR. a sack. under which the errors committed in the proceedings are examined. 178.) in this. quod non apparet. APPEAL. a cause which has been tried in an inferior tribunal. & Gr. if any is due to him. and undertakes to prove it. or. 3143 Dict. The appeal generally annuls the judgment of the inferior court. Dict. 95 . set a new imposition of 40s. with all other subsequent pleadings supposed to take placein court. before a competent judge. and leather. h. In England the statutes are divided into new and ancient statutes. 8. M. t. Broom’s Maxims. I. 2 W. should be made to appear. 7. does not exist. Smuggling &c. Woodf. French. 287 b. when the king. Repert. That which is manifest what is proved. 2. which signifies one sent. are called antiqua statuta − those made since. in periods of vacation. yet. APPEARANCE. h. upon the penalty which may ensue thereon. for the first time. A term used in the civil law to signify the real or apparent contradiction between two laws or two decisions. Eng. R. and differs from heresy. law. and declaring that the record will be transmitted.right of reaping the fruit or other revenues of the immovables given to him in pledge. APPEAL. 6. Jacob’s Law Dict. so far that no action can be taken upon it until after the final decision of the cause. or other offences. their proceeds from the interest. but others. non est. Ab. to E. 6 Mod. English crim. however. in like manner. and afterwards from the principal of his debt. which are brief letters of dismission. Cunn. or others. III. 214 . h. 24.. if matter in pays. 1 B. c. This term was used in the civil law. Vide Co. See House. the nova customa went by the name of antiqua customa. It is said to be derived from pareillement.. in fact.. without parliament. it is the lawful declaration of another man’s crime. 28. III. Vide Dane’s Ab. 13. A duty or imposition which was collected on wool. 78 Bin. a Greek word. and if any have been committed the first judgment is reversed. 59 Geo. are abolished by stat. sent to the superior judge these letters of dismission. What does not appear. old English law. & T. h. and to secure a just judgment upon the merits. The appearance of the parties is no longer (as formerly) by the actual presence in court. Merl. wool−felts.

APPELLEE. in cases where it is clear that the punishment would not be corporal. lmp. he must enter into a recognizance to abide the order of sessions below. that although such a motion was subject to the discretion of the court either to grant or refuse it. and as.) 9. the personal presence of the defendant is necessary. 7. a plaintiff he may sue in person or by his next friend 2d. 411. in a case. the persons convicted should appear in person. It differs from original jurisdiction. Id. When an appearance is lawfully entered by the defendant. t. 8. that if the record of a conviction of a misdemeaner be removed by certiorari. APPELLATE JURISDICTION. as the notoriety of being called up to answer criminally for such offences. to be in person. in order to move in arrest. Saund. it must be remembered. 192. on PI. the court declared the rule to be. R. the defendant must appear personally in court. 50. 531. 931 1 Bl. Original jurisdiction. and not by attorney. 3 Wms. 2 Pike. but. R. both parties are considered as being in court. appears de bene esse. h. and she is afterwards sued alone. Pr. Saund. when an order of bastardy is quashed and the reason is. 2 John. in case of arrest. 6 Ala. 7. On the part of the plaintiff no formality expressive of appearance is observed. (4. as married women. he must therefore prosecute or appear by guardian. 1 Chit. or prochein ami. which is the power to entertain suits instituted in the first in stance. there is always supposed to be a warrant of attorney executed to the attorney by his client. 413. A married woman. . when two justices of the peace. It has been held. 68. 209. 418. 50. 784. if they are by law deprived of a capacity to appoint an attorney. 8 Port. b and when the cause of action accrued before her marriage. Justices. and persons having understanding. practice. 51. Law of Att. The appearance is effected on the part of the defendant (when be is not arrested) by making certain formal entries in the proper office of the court.on Pl. 5. In general. R. R. according to the practice of some courts. Saund. R. 21. if he demurs to the process. if. Vide Jurisdiction. 272. When the party pleads to the jurisdiction. should defend in person 3 Wms. APPELLANT. of judgment: but. APPENDANT. and is so entered on the record. 4th. and exists in contemplation of law. 125. R. Pract. R. He who makes an appeal from one jurisdiction to another. yet it ought to be denied in every case where it is either probable or possible that the punishment would be corporal. having confessed an information for mishehaviour in the execution of their office. Rep. unless it be by special warrant of attorney. must appear in person. 442. and a motion was made to dispense with their personal appearance. 22. The party in a cause against whom an appeal has been taken. 2 Seam. A criminal who accuses his accomplices. 5 Pick. A lunatic. practice. 3d. as idiots. 398. 6. and therefore the motion was overruled in that case. 10. Bouv. 417. In criminal cases. Inst. The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. An incorporeal inheritance belonging to another inheritance. if of full age. 215. The appearance of such persons must purport. 1786. 6 Miss. that even where the punishment would most probably be pecuniary only. or otherwise conditionally. 8 John. There must be an appearance in person in the following cases: 1st. 9 Port. after a special verdict. APPEARANCE DAY. An infant cannot appoint an attorney. or. 1 Arch. 58. 1 Scam. See Tidd’s Pr. be must plead in person. A plea of misnomer must always be in person. 215. 332 (a) n. 335. yet in offences of a very gross and public nature. it may be considered as effected by giving bail to the action. Summ. 26. it is not necessary that the defendant should be personally present at the argument of it. Merrif. may appear by. would very much conduce to deter others from venturing to commit the like. PI. 1 Bl. The day on which the parties are bound to appear in court. 501. one who eballenges a jury. for the sake of example and prevention of the like offences being committed by other persons. 3 Burr. whether in fact an attorney be employed or not. attorney. 3 Watts & Serg. Co. and. 462. authorizing such appearance. under age. 75. when by attorney. Summ. 209 b. 4. the appearance of either party may be in person or by attorney. she must plead her coverture in person. Rep. by guardian. thought. R. R. persons devoid of understanding. And if the defendant pleads to issue. (I Lord Raym. on their clerks undertaking in court to answer for their flues. Index. 14 John. 2 Burr. 209. 352. 250. S. 5 Watts & Serg. 6 Port. the personal presence of the accused is often necessary.or their attorneys. 7 Miss. 198. C. This is regulated in the different states by particular provisions.) or. APPELLOR. Litt. defects of process are cured but not. So. 17 Verm. But to this general rule there are various exceptions. expressing his appearance. An idiot can appear only in person. 2 Wms. when sued without her hushand. And Wilmot and Ashton. So. an appearance of this kind is still supposed.

directing such disposition agreeably to the general directions of the trust. 7. usual to provide in wills and trust deeds that the purchaser shall not be required to see to the application of the purchase money. however small. One authorized by the donor under the statute of uses. 6 Bing. and a mere nominal allotment to one is deemed illusory and fraudulent. And it will now be proper to consider the cases where such liability exists. 150. 160. 148. and the water adjoining the wharf were in tended to pass. give receipts for the purchase money. 1923. to see to the application of thee purchase money. Personal property is liable. n. The subject will be examined by considering. the persons among whom the produce of the sale is to be distributed are considered the owners. the cases where the purchaser is bound to see to the application of the purchase money in consequence of the wording of the deed of trust. 121. t. 594. In the land law of Pennsylvania. for if any false representation be made with a fraudulent intent. And things appendant must have belonged by prescription to another principal substantial thing. an application to chancery for leave to invest trust funds. 72. Pr. 2 Dick. 8 Barn. an application is understood to be a request in writing to have a certain quantity of land at or near a certain place therein mentioned. 6 Bing. R. as will be seen by the following case. 3946. 136. This distinction is of importance. When the distribution is left to discretion. APPOINTOR. such things can be appendant as can consistently be so. In some cases a purchaser who buys trust property is required. and capable of passing by feoffment and livery of seisin: for one kind of corporeal real property cannot be appendant to another description of the like real property. and it be misapplied. n. 3. 7 Wend. which is not a fund at law for the payment of debt’s. It is. C. APPLICATION. Common. Litt. Litt. By the word appendant in a deed. A person who is appointed or selected for a particular purpose. to execute a power. and the purchaser is therefore exempted from seeing to the application of the purchase money. 1 Cox. he will be considered as a trustee of the property he has so purchased. 206. when the power is to appoint to and among several persons. Wood’s Inst. 11 S. 150. 121. or such as may be properly used together. APPOINTMENT. Wms. Bac.. 6. The act of a person authorized by a will or other instrument to direct how trust property shall be disposed of. And although at law the rule only requires that some allotment. 154. is the person who is to receive the benefit of the trust or power. that the former always arises from prescription. With regard to real estate. 7 John. in Eq. as.2. the kind of property to be sold. In equity. 4 Bro. 24. 1 Tho. 5. 2. h. Dane’s Abr. &c. 2 Bouv. Upon the sale of real estate. Inst. The act of making a request for something. C. are the appenditia domus. as the appointee under a power. From appendo. which is considered in law as more worthy. nothing can be conveyed which is itself substantial corporeal real property. White’s L. the appendages or pertinances of an estate the appurtenauces to a dwelling. although it may have been bequeathed to be sold for the payment of debts. 377. and requires a real and substantial portion to each. Ch. and the like. Appendant differs from appurtenant in this. & Cr. If a wharf with the appurtenances be demised. or by direction in the will of the testator or deed of trust. Co. unless the power of giving receipts is either expressly or by implication given to t−he trustees to. C. APPENDITIA. 4. and if be neglects to do so. 150. the rule in equity differs. an application to an insurance company for insurance. Co. The appointment must be made in such a manner as to come within the spirit of the power. 151. the purchaser from an executor or trustee may be liable for the application of the purchase money. can it law give a valid discharge for the purchase money. A 1. &c. Only. 725. for this reason. & R. 5 Id. 2. 2 Vin.. 2 P. as a right of way. 86. Jones on Land Office Titles. it being a maxim that land cannot be appendant to land. it will avoid the policy. 21. in the hands of the executor. Ab. The principal thing and the appendant must be appropriate to each other in nature and quality. and a purchaser must obtain a discharge from them. for the payment of debts. 385. . because he is the owner at law. on the contrary. 1. 1 Chit. thus pent−houses. because it is not a place which could pass as a part of the thing demised. the paper on which the request is written is also called an application. as the application of purchase money. − 2. a trustee in whom the legal title is vested. An application for insurance ought to state the facts truly as to the object to be insured. − 1. except where it is made so by act of assembly. APPOINTEE. shall be given to each person. 3. to hang at or on. yet no distress for rent on the demised premises could be made on a barge on the water. 4 Coke. By application is also meant the use or disposition of a thing. Ins. 3 Binn.. 54. chancery practice. 145. whereas an appurtenance may be created at any time. 2. Ab. 150. Rep. 4 Bouv.

Jr. 201. by virtue of the statute of 11 Geo. 138. or any part of the stipulated benefit. Rent may be apportioned as to time by virtue of the stat. 1 Ves. 332. Missouri. 857. T. 22 Vin. 454. et seq. Bailm. Dig.. 87. the distribution of one subject in proportion to another previously distributed. By appointment is also understood a public employment. 2 Pick. Gilb. Com. 604. 2. 2 E and 4 N 5. to as many persons as he may deem proper. or by statutes in the several states in which its principles have been embodied. and the lessee or tenant will be bound to pay to each a proportion of the rent. R. of a year. 5 Ves. 192. 1 Swanst. APPORTIONMENT. Toull.without any prescribed rule. R. and the doctrine of illusory appointment applies. 6. 2 Bouv. Civ. 3 Watts. See generally on the subject of the apportionment. 407. 159. first. R. of which it is not the subject.. Contr. S. ed. 67. c. 4 M’Cord. s. 13 John. 3. Vide. 17. the imperfect completion of the event. t. 233. h.. n. n. Ch. R. and in its ordinary technical sense. 7 Car. 11 Geo. 7 Cowen. or other division of time at which the rent was made payable. and this may take place in several ways. 257. 168. 337. 147. Law 129. but if the words be. Com. 1 Supp. &. but when there is no agreement. 1 27. 331. c. 108. Com. H. and leave the other part unpaid. afford a title to the whole. or the making it into parts. 158 a. 513. 3 Watts. et seq. 40. 637. See 3 S. and New York. 338. 7. part 4. by the performance of only some of those acts. Index. 697. 6 Halst. as when the subject of the contract is but one thing. 15. Ab. Com. Kentucky. on Rents. 184. 1622. n. of such as relate to the realty. 137. s. 3 Kent Com. Index. In such case the creditor cannot force his debtor to pay him a part of his debt only. & A. and the cases there cited. the rent will be apportioned by the jury. ’amongst’ the children as he should think proper. Litt. 3 Hen. & Munf. liv. part 2. See 1 Swanst. 5 N. by virtue of that contract. 3. by which it is provided that the rent due by a tenant for life. 2 Vern. generally. Dr. Co . but the right thus conveyed is not an office. he may appoint to one only. that if the tenant for life. the law is different. by the act of the landlord or reversioner alone. 4 Kent. 365. 26. 7. tit 3. Ab. t. It is usual for the owners of the reversion to agree among themselves as to the amount which each is to receive. In Delaware. 173. C. R. common. h. 470. 876. in general no compensation can be received unless the whole contract has been actually fulfilled. When a Purely personal contract is entire and not divisible in its nature. he may recover them notwithstanding the death of the . − 1. n. constituted by the performance of various acts. 3 Kent. 3d. 237. When there is a special contract between the parties. 771 Prec. 343. government. 19. Archb. Long on Sales. 1 Cranch. 470. This definition seems incomplete. Lord Coke defines it to be a division or partition of a rent. L. 599... n. of such as are purely personal and.. a proportional part. And for the doctrine of the civil law. it is provided by statutes. 219. Just. 103. each must have a share. & R. and New York. 6. 436. 31 0. − 2. 155. & R. the reversioner may sell his estate in different parts. 2. 4. cannot. Nor can the assignee of a part sustain an action for such part. With regard to rents. The appointment of an executor. and the right conveyed by such an act. _441. II. Fr. for example. New Jersey. or the like. 13. n. Newl. C. n. as the appointment of a judge. if before. The subject of the contract being a complex event. on Pow. wills. depending on the life of another. Chancery. p. Cas. 11 Wend. Ev. 3 Chit. Missouri. 23. nor can the debtor compel his creditor to receive a part only of what is due to him on account of his claim. Ab. when one is entitled to rents. lessor. C. 2 Mass. Inst. Story. 147. 235. 1921. Litt. 2 Pick. 10 Pet. his executors may recover the whole rent. When there is a subsisting obligation on the part of the tenant to pay a certain reat. Inst. − 2. 1 Vern. Is to such of the children as the trustee shall think proper. contracts. who dies during the currency of a quarter. 246. 13 Co. The act by which a person is selected and invested with an office. 95. see Dumoulin. Stark. Jr. − 1. 5. 4 Greenl. 2 Id. the act of authorizing a man to print the laws of the United States by authority. is an appointment. 17 S. 57 Cro. and there is but one creditor and one debtor. die on the rent day. R. 2. but distribution . which is done by nominating him as such in a will or testament. The distinction is this. Rents may in general be apportioned. 256. 4 Ves. Apportionment frequently denotes. Apportionment will here be considered only in relation to contracts. 8 Cowen. nearly synonymous with office. 2 John. In Delaware. 267. of which the making out of his commission is conclusive evidence. 19. n. Coop. 172 5 B. neither can apportion the obligation without the consent of the other. 209. 404. 6 Verm. 750. Sugd. 1 Bouv.. shall be apportioned to the day of his death. 84. 15. that the term appointment is of a more extensive signification than office. 16 Vin. de dividuo et individuo. Co. 35. it is manifest it cannot be apportioned. 4. division. 4 Pick. 651. 1. not. APPOINTMENT. by talking a view. and secondly. 157. 262. Eliz. to Ves. of personal obligations. Contr. 10 Pick. Chit. 2 Hill.

1 Burr. After the apprenticeship is at an end. practice. the term apprentice and barrister are synonymous. APPOSAL OF SHERIFFS. 69 Contra. He is also required to fulfil all the covenants he has entered into by the indenture. watch over the conduct of the apprentice. Missouri. n. A person appointed by competent authority to appraise or value goods. Rep. to learn from him his art. He must not abuse his authority. He cannot dismiss his apprentice except by application to a competent tribunal. Inst. When property real or personal is taken for public use. A person bound in due form of law to a master. APPREHENSION. APPRENTICESHIP. n. In Delaware. Com. his obligation to pay rent ceases. according to some authorities. as. with some variations which cannot. 2 Bouv. upon whose. When the tenant is deprived of the land. In the reign of Edward IV.) of the goods ought to be made. Daug. be noticed here. _50. 214. 727 1 Har. with the consent of his or her parent or next friend by which the former undertakes to teach such minor his art. as by eviction. APPRAISEMENT. The term apprehension is applied to criminal cases. Inst. in the absence of any agreement to the contrary. bona fide. 211. 206. Pardessus. the knowledge of the art of which he has undertaken to teach him the elements. In Kentucky. as in case of the death of a person. by some public work. 268. 2. v. as regards the current quarter or half year. The charging them with money received upon account of the Exchequer. trade or business. 3 Call’s R. 307.latter. The English statute law as to binding out minors as apprentices to learn some useful art. He ought to. as in his character of master. has been generally adopted in the United States. But rent which is due may be recovered. 735. He is bound to instruct the apprentice by teaching him. 34. and the latter agrees to serve the master during a definite period of time. 3 Kent. 3. called the foreign apposer. [contract in writing. The term during which the apprentice is to serve is also called his apprenticeship. 2. 2 Kent. Eunom. trade or business. This contract is generally entered into by indenture or deed. Gilb. or other day of payment. et seq.] or of some writing. In general this means an addition or annotation made in the margin of an act. 4 Wend. order money to be returned on the discharge of an apprentice. and to serve him during the time of his apprenticeship. 2 Inst. one having authority may arrest on civil process. the father is bound for the performance of the covenants by the son. during his or her minority. law. in such art. Comm. 490. In a common indenture of apprenticeship. 212. and is to continue no longer than the minority of the apprentice. And in some of the ancient law writers. and fulfilling towards him the duties of a father. 110 12 Mod. 498. Appraisements are required to be made of the property of persons dying intestate. 4 T. Com. 1675. 11 Mass. APPOSER. Kentucky. giving him prudent advice and showing him a good example. 469. Com. But an infant apprentice is not capable in law of consenting to his own discharge. A contract entered into between a person who understands some art.. Nor can the justices. either by bad treatment. 11 Mod. The capture or arrest of a person. Dial. and called the master. contracts. the rent is to be apportioned when the lease is determined upon any contingency. an appraisement of it is made. h. practice. it is specially provided. Formerly the name of apprentice en la ley was given indiscriminately to all students of law. 376. and to fulfil such other covenants as may be agreed upon. APPOSTILLE. on Ap. )Dr. Index. trade or business. or by employing his apprentice in menial employments. he stands in loco parentis. trade or business. II. (q. Mer. _53. of insolvents and others. that the hushand. as the case may be. 16. 2. after the death of his wife. 67. 8. Com. v. on Rents. who is called the apprentice. 423. 22 Car. 1 Bailey’s R. 2. 145.) 1 Bl. 155. an inventory (q. Ab. Bouv. A just valuation of property. APPRENTICE. t. contracts. & Gill. by title paramount. An officer of the Court of Exchequer. R. or was entitled to. they were sometimes called apprentice ad barras. trade or business. decree the indenture may be cancelled. 1 Hill. that the owner may be paid it’s value. 2 Kent. 3 Rawle. 4. APPRAISER. he cannot retain the apprentice on the ground that he has not fulfilled his contract. and a just valuation put upon them. Postil. The principal duties of the parties are as follows: 1st. and apprehend on a criminal warrant. 501. 493. 553. Rep. p. or to estimate its value when taken for public use. 308. and another person commonly a minor. and arrest to civil cases. c. and Virginia. 500. Salk. 68. 4 M’Cord 447. an appraisement and inventory must be made of the goods of which he died possessed. wholly unconnected with the business he has to learn. may recover the rents of her lands. or by quitting the premises with the landlord’s consent. 8 Cowen. Eng. Appraisers are sometimes appointed to assess the damage done to property. See 4 Cruise’s Dig. person. . Chit. Duties of the master. French law. English law. 426. Strange.

4 Gill & Johns. contracts. & R. This rule does not apply to payments made under compulsory process of law. & R. Droit Com. APPRIZING. and. or bringing suit and declaring in a particular way. in Pennsylvania and some other states the assignment of indentures of apprenticeship is authorized by statute. 74. & Mees. 2 C. 436. This appropriation. 692. He must not leave his master’s service during the term of the apprenticeship. 1 H. the debtor owes a debt as executor. See 1 Whart. 146. S. and give A’s property to B. 2 Verm. & Malk. 1. 518− 522. 270. C. 9 Cowen. 395. he cannot approve and reject the will. 33. is evidence of such appropriation. 409. When the debtor has neglected to make an appropriation. 2 Kent. and one in his own right. 10 Pick. 2. Doug. 2. 13. Com. 2 N. R. when the creditor may make it. 301 2 B. R. 2 Stark. − 1. and promote his interest. 237. 6. Inst. Apprenticeship is a relation which cannot be assigned at the common law 5 Bin. & J. 417. 715. The law of France on this subject is strikingly similar to our own. 5 Watts. 1 Wash. The application of the payment of a sum of money. n. 3. the presumption will be that the payment was made on account of one debt. 6. 240. 317. & Gill. 14 East. 211− 214. by which a creditor formerly carried off the estates of his debtor in payment of debts due to him in lieu of which. Ad. 1 Bligh. 15 Wend. when promised by the master. 4 Mass. Law Jour. 1 Pick. 441. to one of several debts. 307 3 Vin. 159. 5. 124. in consequence of the circumstances. but this must be done by his express declaration. endeavor to learn his trade or business. the creditor cannot appropriate a payment to the liquidation of the former. n. adjudications are now resorted to. And if neither make an appropriation. 361. In general the appropriation may be made by the debtor. 19. 406−408 yet in the United States. in preference to another. 723. the law permits the debtor in the first place. R. 1 Penn. − 2d. 1 Dall. 314. An apprentice is bound to obey his master in all his lawful commands. 313. and the creditor is not bound to make an immediate election. & Gr. APPROBATE AND REPROBATE. 12 APPROPRIATION. 3. When once made. M. 1 Tyrw. 3 Serg. et seq. 164. 1194. 161. 4. & C. 2 Str. which is a service to the first under the indenture. in general. R. 1 Bell’s Com. 166. APPROPRIATION. Master and Servabt. the creditor may. 2 Vern. 2 Ear. Ab. 428 4 T. 239. 575. It will be proper to consider. 606. the appropriation cannot be changed. 4 B. and reject it as to the bequest of his property to B in other words. 1 Saund. for example. when the debtor may make the appropriation. because that may depend on the question of assets. and even when no express promise has been made. 2. In some cases. − 2. 1 Bibb. 617. contracts. & M’C. but this is subject to some exceptions. 17 Mass. 463. 368. make it. But. 4 T. the right to make the application at any time has been recognized. 373. for an entry made by the debtor in his own books. It is a maxim quod approbo non reprobo. 1. and 4. 10 Conn. 544. 334. In Scotland this term is used to signify to approve and reject. 283. 137. made by a debtor to his creditor. when interest is due. 5 Taunt. And in some cases the debtor has no right to make the appropriation. 373. it seems. if a testator give his property to A. & C. is not alone sufficient to determine the application of the payment. for example. if he make no choice. 12 Mod. 7 Wheat. 101. 2 Cranch. and C. For example. Duties of the apprentice. When a voluntary payment is made. 396. n. 249. 9 Cowen. or. 194. 14. 420. The application of the payment of a sum of money. 128 3 Green. 754. Rep. 3 Rawle. then it allows the creditor to make an appropriation of such payment to either of several debts which are due by the debtor to the creditor. 554. 70 3 Keble. See 1 M. 1 Serg. 3 Caines. See 12 S. 20 Pick. 519. 3 Rob. R. R. must be notified to the creditor at the time. The apprentice is entitled to payment for extraordinary services. made by a debtor to his . then the law makes the application of such payment. 2 Stark. or at a subsequent time Ellis on D. take care of his property. If. 176. 129. to apply 4 partial payment to the liquidation of the principal. and perform all the covenants in his indenture not contrary to law. 2 Bailey. or by circumstances from which his intentions can be inferred. A name for an action in the Scotch law. Though it is not clearly settled in England whether a creditor is bound to make the appropriation immediately. rendering an account. under peculiar circumstances. 17 Mass. 4 Cranch. 19. See generally.unless specially authorized by statute. 1 C. when it will be made by law. 65. 113. as. 5. although the apprentice may work with a second master by order and consent of the first. Ab. Bac. but see 1 Whart. 3. 21. Pardessus. 1 Bouv. 113. & R. A shall not be at liberty to approve of the will so far as the legacy is given to him. 40. 12 Pick. & R.

& R. the payment must be imputed to the debt which the debtor had at the time most interest in discharging of those that are equally due. 1253−1256 slightly altered. N. the creditor cannot appropriate a payment to the liquidation of the former. when the debtor may make the appropriation. 4 Gill & Johns. 12 Pick. 3. 1 H. & Mees. when there is interest or rent due. 101. In general the appropriation may be made by the debtor. by statutory enactment. otherwise to the debt which has fallen due. 5 Mason." This is a translation of the Codo Napoleon. when the creditor may make it. but this is subject to some exceptions. the presumption will be that the payment was made on account of one debt. the right to make the application at any time has been recognized. And in some cases the debtor has no right to make the appropriation. Though it is not clearly settled in England whether a creditor is bound to make the appropriation immediately. 2 N. 15 Wend. 14 East. When the debtor has neglected to make an appropriation. Obligations. 361. 1 Wash. 5. 128 3 Green. 4 Mason. in preference to another. 2 Verm. 1194. 31.1 H. 420. 1 Gilp. Sel. though less burdensome than those which are not yet payable. which is the general property of the church. then the law makes the application of such payment. art. eccl. 441. 5 Bligh. If the debts be of a like nature. 283. but this must be done by his express declaration. When the debtor of several debts has accepted a receipt. to apply 4 partial payment to the liquidation of the principal. R. 17 Mass. when interest is due. it is made proportionally. or bringing suit and declaring in a particular way. & C. See the form of an appropriation in Jacob’s Introd. and the creditor is not bound to make an immediate election. in . by which the creditor has imputed what he has received to one of the debts especially. 2. because that may depend on the question of assets. 2 Bailey. TO APPROVE. 112. dean and chapter and the like. 1 Nev. & R. n. 11. 1 Hare & Wall. And if neither make an appropriation. 9 Cowen. R. and one in his own right. S. 4 B. confesses the same before any plea pleaded. 754. 528 translated by Evans. 1 Dall. 176. the debtor owes a debt as executor. 20 Pick. 40. 2 Dea. the appropriation cannot be changed. 3 Caines. 3. and arraigned for the same. and. 2 Wash. 6. 723. 40. 2 Rawle. 411. 300. 1 M. When once made. then it allows the creditor to make an appropriation of such payment to either of several debts which are due by the debtor to the creditor. is evidence of such appropriation. when it will be made by law. 334. 123−158. To increase the profits upon a thing. approbare. and accuses others. & R. any payment he may make. 1 Mer. 2 Vern. 1. & C. 5 Watts. the law permits the debtor in the first place. Pat. 1 Bibb. 436. 534. 239. 784. Code. APPROPRIATION. 4 Cranch.creditor. make it. See 6 Cranch. 193. if all things are equal. 129. In Louisiana. 715. & Malk. 137. 74. 17 Mass. 2 Stark. for an entry made by the debtor in his own books. See 1 Bouv Inst. & Gr. of the same crime. When a voluntary payment is made. 544. & Man. to the perpetual and proper use of some religious house. the imputation is made to the less burdensome. 2 Stark. 13. 5 Watts. in consequence of the circumstances. it is provided that the debtor of several debts has a right to declare. when he makes a payment. 2 Str. Rep. When the receipt bears no imputation. 10 Conn. See 1 M. & Gill. Civ. Bac. 575. If. C. See 12 S. C. 2 Ear. bishop or college. APPROVEMENT. This rule does not apply to payments made under compulsory process of law. as. what debt he means to discharge. English crim. & M’C. law. 1159. 29. for example. In some cases. 572. to one of several debts. if he make no choice. C. 2 Vern. It will be proper to consider. 19. 126−138. The setting apart an ecclesiastical benefice. 4. & J. 6 Watts & Amer. for example. 124. 317. or at a subsequent time Ellis on D. 746. 1 Pick. 605. 86. and the notes. 253. as to approve land by increasing the rent. 65. 1 C. or. must be notified to the creditor at the time. 99. without the consent of the creditor. & J. 2 Inst. 10 Pick. Obl. When no application of the payment has been made by either party. 334. M. 8314. 305. 11 Mass. n. law. and C. 12 S. 316. unless there have been fraud or surprise on the part of the creditor. 463. the law will appropriate it. et seq. See Poth. in such a way as to do justice and equity to both parties. 395. 159. This appropriation. 14. 106. 544. 2. The act by which a person indicted of treason or felony. cannot. 417. 6 Cranch. 1 Bibb. 264. The debtor of a debt which bears interest or produces rents. 1. the creditor may. 692. impute to the reduction of the capital. 24. rendering an account. 9 Cowen. 409. 2 N. 5 Taunt. Burge on Sur. 8. 47. 754. & Chit. art. 33. 7 Wheat. F. 12 Shepl. Ayl. 28. 617. 1 Tyrw. 82. 7 Cranch. 333.− 1. 2 Sumn. it seems. 406−408 yet in the United States. Law Mag. 314. H. 5 Mason. 4 Mass. the debtor can no longer require the imputation to be made to a different debt.. in general. S. is not alone sufficient to determine the application of the payment. or by circumstances from which his intentions can be inferred. & M. 575. − 2. 606. 301 2 B. Dec. Ab. 2 C. 7. 8. his accomplices. 194.

2. 25. APPROVEMENT. 1. Pr. 110. APPURTENANCES. or otherwise. N. The word appurtenances.) ARBITRAMENT AND AWARD. 20. Cas. A term nearly synonymous with arbitration. Serv. 4. Bngl. Inst. has. and the award is enforced by attachment. 20 Hen. 156. 171. 5 S. 46) optimus judex. when it is stationary: aqua cedit solo. & Ell. so as to leave egress and regress to a tenant who is a commoner. Lalaure. n. 107. AQUAE DUCTUS. Inst. Lalaure. practice. This word is used in composition. 37. & M. 6 Bing. & C. 4 Wash. In Vermont. 2. and on which an award had been made. 330 1 Phil. & R. 2. 1. crim. 4 Bl. 1 Lev. 32. 2. Des Serv. 56 a. 9. It is the right which the owner of a house. 761. 4 Ad. AQUAE IMMITTENDAE.. 5. c. 8. and which passes as incident to the principal thing. of Merton. or of a water course. 3 Bl. 150. APPROVER. 9 Cowen. 439. 23. Co. these are arbitrators at common law. & R. A toll for water. R.. They are voluntary or compulsory. Those punishments which are left to the decision of the judge. The inclosing of common land within the lord’s waste. The augmentation of the profits of land. 2 This practice is disused. 8. b. Those made by mutual consent. 1. qui mi nimum sibi 2. English law. 3. on Arb. but only incorporeal easements. i. R. 428. 1 City Hall Rec. decides without any control. or of a personal wrong.order to obtain his pardon. not regulated or established by law. in which the parties select arbitrators. Com. 3. 5 S. Co. 3. Bacon (Aphor. pool. 1. 131. before trial. N. 1 Sid. 8. 121 3 Saund. 110. It is a rule that water belongs to the land which it covers. Kyd on Awards. Cro. 2 Virg. 72 Crompt. AQUAGIUM. A water course. Angell. 121. Those which are made in a cause depending in court. aquae agium. AQUA. 707. 1 Bos. The name of a plea to an action brought for the same cause which had been submitted to arbitration. 1 Dev. C. an arbitrator. these are made without any rule of court. 1. to cast water out of his windows on his neighbor’s roof court or soil. Inst. 2 Nev. ut currere solebat. and approving others of the same crime to save himself. n. on a trial for adultery. R. 5 b. or spring of another. p. Cro. R. See Discretion ARBITRARY PUNISHMENTS. & M. or rights and privileges. 363. R. 1 Plowd. This is the name of those rights which individuals have in water. 21. n. In common parlance and legal acceptation. because no person can be allowed to testify his own guilt or turpitude to convict another. 4 Mass. but there is a discretion which is sometimes allowed by law which leaves the judge free to act as he pleases to a certain extent. 517. 10 Peters. R. But the owner of running water. ARBITRARY. Belonging to. . 603. C. 129. civil law. by a rule of court. Stat. an accomplice is permitted to give evidence against his associates. built in such a manner as to be surrounded with other buildings. law. 371 1 Cr. Crompt. to the decision of one or more persons as arbitrators. e. A judge with the most extensive arbitrary powers. Jac. 153. 2. 211. Dig. In all well adjusted systems of law every thing is regulated. 250 3 Inst. 490. 8 B. 2 Saund. 250. whether it be running. cannot stop it the inferior inheritance having a right to the flow: aqua currit et debet currere. Jac. civil law. which frequently occurs among neighbors. ARBITRAMENT. A reference and submission of a matter in dispute concerning property. Ev. The voluntary are. Wat. Optima lex quae minimum relinquit arbitrio judicis et (Aph. 2 Co. 43. it was held that a particeps criminis was not a competent witness. 1 P. Com. Chap. Civil law. AQUAE HAUSTUS. 121 Rawle. & P. is used to signify something belonging to another thing as principal. and bind themselves by bond abide by their decision. as aquae ductus. in distinctiou from those which are defined by statute. 8) says. One who. 12 Mass. so that it has no outlet for its waters. (q. 401. 2. Wood’s Inst. ARBITER. C. 2. 531. 3. − 2. 16. ARBITRATION. 1 Serg. APPURTENANT. Lit. pertaining to of right. 1 Chit. v. 169. Des. VIII. Wats. Vide Appendant. 1 Lilly’s Reg. Dig. 256. Water. 23. Jus. R. 3. Litt. One confessing himself guilty of felony. and nothing arbitrary can be allowed. & Rawle. will not pass any corporeal real property. 526. The name of a servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. B. What depends on the will of the judge. practice. 2. 2. AQUATIC RIGHTS. &c. 401. 342. 2. The name of a servitude. 5 Toull. R. F. Wms. In modern practice. 1. 150. at least in a deed. The name of a servitude which consists in the right to draw water from the fountain.

1836. ARCHAIONOMIA. t. that it was duly executed by the parties. Arbitrators are so called because they have generally an arbitrary power. Pamphl. invested with power to decide the same. Fr. ch. c. 40. n. Peter will be made the trunk of the tree. t. Kyd on Awards. Doct. together with the written agreement entered into by the parties. Index. Inst. to enter into an agreement in writing. these will produce others. The archbishop has also .. in order to show the genealogy of a family. Stephen. − 4. ARBOR CONSANGUINITATIS. h. or his attorney. Inst. h. however. Wilkins enlarged this. there are two other voluntary arbitrations which are peculiar to Pennsylvania. R. and either party may have a writ of error to the judgment entered thereupon 6.. 15. n.. one for each descendant. and on the agreement being so filed as aforesaid. 5. not exceeding thirty days. He has the. ARBITRATOR. which will themselves shoot as many twigs as John and James have children.−at which time the arbitrators. on the affidavit of a subscribing witness to the agreement. and Henry II. Pr. 133. he shall enter the award on record. which are called awards. their names will be written on the first two branches. if he has two sons. Dr. and endeavor to agree upon arbitrators.. on a day certain to be mentioned therein. which is enforced as if it had been made a rule of court. Kyd on Aw. p. n. by which it is agreed to refer a matter in dispute not then in court. subject. which may be entered at any time within twenty days after the filing of such award. ARCHBISHOP. who were authorized to decide all suits submitted to them. 3 Vin. 3. Index. in Latin. liv. which shall be as available in law as an award made under a reference issued by the court. one or more persons. Ab. and the parties alternately strike each one of them from the list. 22. if they cannot. Compulsory arbitrations are perhaps confined to Pennsylvania. III. 3. 69. Lambard. 9 & l0 Will. their award is filed in the office of the prothonotary. 2491. 715. h.. and has the effect of a judgment. with a Latin version. and agree that the submission be made a rule of court. to appeal. published during the reign of the English Queen Elizabeth. and it shall be the duty of the referees to make out an award and deliverÿ20it to the party in whose favor it shall be made. Those by virtue of the act of 1806. For example : if it be desired to form the genealogical tree of Peter’s family. The progenitor is placed beneath. or entered on the docket by the parties. See generally. Kyd on Awards. 96. the prothonotary makes out a list on whicb are inscribed the names of a number of citizens. beginning with the plaintiff. when the parties cannot agree. 2 Saund. n 7. Ab. On the day. Civ. which provides that the parties to. t. appointed they meet at the prothonotary’s. by Mr. A table. after being sworn or affirm and equitably to try all matters in variance submitted to them. to file the same in Iiis office. Dr. which is to be proceeded upon by the court as a special verdict. R. till the whole family shall be represented on the tree. for the trial of all matters in variance in the suit between the parties. 3 Bouv. there the praetor selected from a list Of citizens made for the purpose. 241. Vide Caldw. in the Saxon language. Act of 16th June. 3 Bouv. until there are but the number agreed upon or fixed by the prothonotary left. inspection of the bishops of that province. which authorizes " any person or persons desirous of settling any dispute or controversy. John and James. eccl. 70−75. reserving all matters of law for the decision of the court. 8. and of Henry I. in Norman and Latin. there being in common no appeal from their sentences. as if for the root or stem the persons descended from him are represented by the branches. The first of these is the arbitration under the act of June 16.4. the authority which the proctor gave them conferred on them a public character and their judgments were without appeal Toull. 4. PI. and which had been brought before him. any suit may consent to a rule of court for referring all matters of fact in controversy to referees. and it shall be the duty of the prothonotary. This is somewhat similar to the arbitrations of the Romans. may enter at the prothonotary’s office a rule of reference. containing all the Saxon laws extant. The chief of the clergy of a whole province. Caldwel on Arbitrations. Either party in a civil suit or action. 1 Salk. Bac. collection in his work. in Latin. and may deprive them on notorious cause. − 5. en−titled Leges Anglo Saxonicae. formed in the shape of a tree. 2 Sell. those of William the Conqueror. law. proceed to bear and decide the case.. a time of meeting is then agreed upon or appointed by the prothonotary. t. 1836. by themselves. wherein be shall declare his determination to have arbitrators chosen. together with those ascribed to Edward the Confessor. A copy of this rule is served on the opposite party. 2482. their agents or attorneys. The name of a collection of Saxon laws. A private extraordinary judge chosen by the parties who have a matter in dispute. or refer such dispute or controversy to certain persons to be by them mutually chosen. and the report of the referees shall have the effect of a special verdict. to arbitrators. − 3. who are to be the arbitrators. as well as of the inferior clergy. 820. on Arb." 7.. Those which are made by virtue of the statute.

in their rights or privileges. and shall judge of the qualifications. D. cont. 3. The plea should be not guilty. 380. A list of cases put down for the argument of some point of law. by our representatives in convention assembled. This subject be−longs rather to rhetoric and logio than to law. to one. 19 and 22. liberty and property. Vide Court of Arches. ARCHES COURT. See Acts 17. 541. What is used by way of reasoning in pleading is so called. Each house shall appoint its own officers. 2553. for the purpose of forming a constitution. ARE. Baron and Feme. h. − 1. An enclosed yard or opening in a house. ARKANSAS. ARGUMENTATIVENESS. It is a rule that pleadings must not be argumentative. A form of government where the power is divided between the great men of the nation and the people. It is variously represented. silver coin. The name of one of the English ecclesiastical courts.his own diocese. by which it is declared that " We. An argument arising from the inconvenience which the construction of the law would create.. That form of government in which the sovereign power is exercised by a small number of persons to the exclusion of the remainder of the people. Pr. 4 Sharsw. The logicians define it more scientifically to be a means. 4. xviii. Ratio probabilis et idonea ad faciendam fidem. For example. the people of the Territory of Arkansas. an open place adjoining to a house. he must not plead that "the plaintiff never had any goods. 176. as in his province he exercises archiepiscopal authority. 2. while others look upon it as an aristocratic court. those which are executive. by the name and style of ‘The State of Arkansas. AREOPAGUS. h. The powers of the government are divided into three departments. Pleader R 3. is to have effect only in a case where the law is doubtful where the law is certain. Merl. Ancient cbarters or titles. Rep. Raym. Dougl. Vide Measure. and which exercised an absolute power. such an argument is of no force. ARGUMENT. and admitted into the Union on an equal footing with the original states in all respects whatever. Com. Code. Cicero defines it ii probable reason proposed in order to induce belief. A senator. The legislative authority of the state is vested in a general assembly. which by its connexion between two extremes) establishes a relation between them.441 square feet. and the free pursuit of happiness do mutually agree with each other to form ourselves into a free and independent state. Com. in his harangue against Aristocrates. 1836. L. the brother of Moses. each of them is confided to a separate body of magistry. in order to secure to ourselves and our posterity the enjoyments of all the rights of life. A tribunal established in ancient Athens. t. Demosthenes. practice. Litt. (Anno Mundi. and is hereby declared to be one of the United States of America. to another and those which are judicial. The are is equal to 1076. or a judge of the Areopagus. See Alba Firma. A French measure of surface. by which it is declared that the state of Arkansas shall be one. ARCHIVIST. speaks of the founders of that tribunal as unknown. 2. 2444. state. The name of one of the new states of the United States. 1836. ARISTODEMOCRACY. ARGUMENTUM AB INCONVENIENTI. ARISTOCRACY. although some say. in which he exercises. One to whose care the archives have been confided. Dig.’ " The constitution was finally adopted on the 30th day of January. died. on Monday. which had a very extended jurisdiction over all crimes and offences. episcopal jurisdiction. The place where the archives are kept bears the same name. AREA. those which are legislative. or community. It was admitted into the Union by the act of congress of June 15th. to wit. of Story’s L.) the year that Aaron. ARGENTUM ALBUM. Co. AREOPAGITE. t. 1 Chit. H." because although this may be an infallible argument it is not a good plea. Solon first established the Areopagites. that Draco abolished the order. U. some considered as having been a model of justice and perfection. and Solon reestablished it. bore this name. 34. 126 a. 1. S. which consists of a senate and house of representatives. 1836. ARGUMENT LIST. This is a square. 2. 60. Bac. Jacob. L. See Acts of the Apostles. before the Areopagus. the 4th day of January. A convention assembled at Little Rock. when a defendant is sued for taking away the goods of the plaintiff. to a third. returns and . 1 Bl. the sides of which are of the length of ten metres. Ab. ARCHIVES. they were established in the time of Cecrops. White money. which concern a nation.

elections of its own members. Two−thirds of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as each house shall provide. Sect. 15. Each house may determine the rules of its own proceedings, punish its own members for disorderly behaviour, and with the concurrence of two−thirds of the members elected, expel a member; but no member shall be expelled a second time for the same offence. They shall each from time to time publish a journal of their proceedings, except such parts as, in their opinion, require secrecy; and the yeas and nays shall be entered on the journal, at the desire of any five members. Sect. 16. 5. The doors of each house while in session, or in a committee of the whole shall be kept open, except in cases which may require secrecy; and each house may punish by fine and imprisonment, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in their presence, during, their session; but such imprisonment shall not extend beyond the final adjournment of that session. Sect. 17. 6. Bills may originate in either house, and be amended or rejected in the other and every bill shall be read on three different days in each house, unless two−thirds of, the house where the same is pending shall dispense with the rules : and every bill having passed both houses shall be signed by the president of the senate, and the speaker of the house of representatives. Sect. 81. 7. Whenever an officer, civil or military, shall be appointed by the joint concurrent vote of both houses, or by the separate vote of either house of the general assembly, the vote shall be taken viva voce, and entered on the journal. Sect. 19. 8. The senators and representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, during the session of the general assembly, and for fifteen days before the commencement and after the termination of each session; and for any speech or debate in either house, they shall not be questioned in any other place. Sect. 20. 9. The members of the general assembly shall severally receive, from the public treasury, compensation for their services, which may be increased or diminished; but no alteration of such compensation of members shall take effect during t−he session at which it is−made. Sect. 21. 10. − 1. The senate shall never consist of less than seventeen nor more than thirty−three members. Art. 4, Sect. 31. The members shall be chosen for four years, by the qualified electors of the several districts. Art. 4, Sect. 5. No person shall be a senator who shall not have attained the age of thirty years; Who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this state for one year; and who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent. Art. 4, Sect. 6. 11. All impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. When the governor shall be tried, the chief justice of the supreme court shall preside; and no person shall be convicted without the concurrence of two−thirds of the senators elected. Art. 4, Sect. 27. 12. − 2. The house of representatives shall consist of not less than fifty−four, nor more than one hundred representatives, to be apportioned among the several counties in this state, according to the number of free white male inhabitants therein, taking five hundred as the ratio, until the number of representatives amounts to seventy− five; and when they amount to seventy−five, they shall not be further increased until the population of the state amounts to five hundred thousand souls. Provided that each county now organized shall, although its population may not give the existing ratio, always be entitled to one representative. The members are chosen every second year, by the qualified electors of the several counties. Art. 4, Sect. 2. 13. The qualification of an elector is as follows: he must 1, be a free, white male citizen of the United States; 2, have attained the age of twenty−one years; 3, have been a citizen of this state six months; 4, be must actually reside in the county, or district where he votes for an office made elective under this state or the United States. But no soldier, seaman, or marine, in the army of the United States, shall be entitled to vote at any election within this state. Art. 4, Sect. 2. 14. No person shall be a member of the house of representatives, who shall not have attained the age of twenty− five years; who shall not be a free, white male citizen of the United States; who shall not have been an inhabitant of this state one year; and who shall not, at the time of his election, have an, actual residence in the county he may be chosen to represent. Art. 4,

Sect. 4. 15. The house of representatives shall have the sole power of impeachment. Art. 4, Sect. 27. 16. _2. The supreme executive power of this state is vested in a chief magistrate, who is styled " The Governor of the State of Arkansas." Art. 5, Sect. 1. 17. − 1. He is elected by the electors of the representatives. 18. − 2. He must be thirty years of age a native born citizen of Arkansas, or a native born citizen of the United States, or a resident of Arkansas ten years previous to the adoption of this constitution, if not a native of the United States; and, shall have been a resident of the same at least four years next before his election. Art. 4, s. 4. 19. − 3. The governor holds his office for the term of four years from the time of, his installation, and until his successor shall be duly qualified; but he is not eligible for more than eight years in any term of twelve years. Art. 5, sect. 4. 20. − 4. His principal duties are enumerated in the fifth article of the constitution, and are as follows: He Shall be commander−in−chief of the army of this state, and of the militia thereof, except when they shall be called into the service of the United States; s. 6: He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices; s. 7. He may by proclamation, on extraordinary occasions, convene the general assembly, at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious diseases. In case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next meeting of the general assembly; s, 8. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient; s. 9. He shall take care that the laws be faithfully executed s. 10. In all criminal and penal cases, except those of treason and impeachment, he shall have power to grant pardons, after conviction, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law in cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieve sand pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly s. 11. He is the keeper of the seal of the’ state, which is to be used by him officially; s. 12. Every bill which shall have passed both houses, shall be presented to the governor. If he approve, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it Shall have originated, who shall enter his objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsidered; and if approved by a majority of the whole number elected to that house it shall be a law; but in such cases, the votes of both houses shall be determined by yeas and nays; and the names of persons voting for or against the bill, shall be entered on the journals of each house respectively. If the bill shall not be returned by the governor within three days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if be had signed it, unless the general assembly, by their adjournment, prevent its return; in such case it shall not be a law; s. 16. 5. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, or absence from the state, the president of the senate shall exercise all the authority appertaining to the office of governor, until another governor shall have been elected and qualified, or until the governor absent or impeached, shall return or be acquitted; s. 18. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the house of representatives shall, in like manner, administer the government; s. 19. 2l. − _3. The judicial power of this state is vested by the sixth article of the constitution, as follows 22. − 1. The judicial power of this state shall be vested in one supreme court, in circuit courts, in county courts, and in justices of the peace. The general assembly may also vest such jurisdiction as may be deemed necessary, in corporation courts; and, when they deem it expedient, may establish courts of chancery. 23. − 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice, any two of whom shall constitute a quorum and −the concurrence of any two of the said judges shall, in every case, be necessary to a decision. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, under such rules and regulations as may, from time to time, be prescribed by law; it shall have a general superintending control over all inferior and other courts of law and equity it shall have power to issue writs of error and Bupersedeas, certiorari and habeas corpus,

mandamus, and quo warranto, and other remedial writs, and to hear and determine the same; said judges shall be conservators of the peace throughout the state, and shall severally have power to issue any of the aforesaid writs. 24. − 3. The circuit court shall have jurisdiction over all criminal cases whicb shall not be otherwise provided for by law and exclusive original jurisdiction of all crimes amounting to common law; and original jurisdiction of all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly; and original ju−risdiction in all matters of contract) when the sum in controversy is over one hundred dollars. It shall hold its terms at such place in each county, as may be by law directed. 25. − 4. The state shall be divided into convenient circuits, each to consist of not less than five, nor more than seven counties contiguous to each other, for each of which a judge shall be elected, who, during his continuance in office, shall reside and be a conservator of the peace within the circuit for which he shall have been elected. 26. − 5. The circuit courts shall exercise a superintending control over the county courts, and over justices of the peace, in each county in their respective circuits; and shall have power to issue all the necessary writs to carry into effect their general and specific powers. 27. − 6. Until the general assembly shall deem it expedient to establish courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law. 28.−7. The general asserably shall, by joint vote of both houses, elect the judges of the supreme and circuit courts, a majority of the whole number in joint vote being necessary to a choice. The judges of the supreme court− shall be at least thirty years of age; they shall hold their offices for eight years from the date of their commissions. The judges of the circuit courts shall be at least twenty−five years of age, and shall be elected for the term of four years from the date of their commissions. 29. − 8. There shall be established in each county, a court to be holden by the justices of the peace, and called the county court, which shall have jurisdiction in all matters relating, to county taxes, dishursements of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. 30. − 9. There shall be elected by the justices of the peace of the respective counties, a presiding judge of the county court, to be commissioned by the governor, and hold his office for the term of two years, and until his successor is elected or qualified. He shall, in addition to the duties that may be required of him by law, as presiding judge of the county court, be a judge of the court of probate, and have such jurisdiction in matters relative to the estates of deceased persons, executors, administrators, and guardians, as may be prescribed by law, until otherwise directed by the general assembly. 31.− 10. No judge shall preside in the trial of any cause, in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be proscribed by law, or in which he shall have been of counsel, or have presided in any inferior court, except by consent of all the parties. 32. − 11. The qualified voters in each township shall elect the justices of the peace for their respective townships. For every fifty voters there may be elected one justice of the peace, provided, that each township, however small, shall have two justices of the peace. Justices of the peace shall be elected for two years, and shall be commissioned by the governor, and reside in the townships for which they shall have been elected, during their continuance in office. They shall have individually, or two or more of them jointly, exclusive original jurisdiction in all matters of contract, except in actions of covenant, where the sum in controversy is of one hundred dollars and under. Justices of the peace shall in no case have jurisdiction to try and determine any criminal case or penal offence against the state; but may sit as examining courts, and commit, discbarge, or recognize to the court having jurisdiction, for further trial, offenders against the peace. For the foregoing purposes they shall have power to issue all necessary process they shall also bave power to bind to keep the peace, or for good behaviour. ARM OF THE SEA. Lord Coke defines an arm of the sea to be where the sea or tide flows or reflows. Constable’s Case, 5 Co. 107. This term includes bays, roads, creeks, coves, ports, and rivers where the water flows and reflows, whether it be salt or fresh. Ang. Tide Wat. 61. Vide Creek; Haven; Navigable; Port; Reliction; River; Road. ARMISTICE. A cessation of hostilities between belligerent nations for a considerable time. It is either partial and local, or general. It differs from a mere suspension of arms which takes place to enable the two armies to bury their dead, their chiefs to hold conferences or pourparlers, and the like. Vattel, Droit des Gens, liv. 3, c. 16, _233.

Signs of arms. Signifies the calling of the defendant to the bar of the court. or fish. to seize. on the contrary. Cr. ARMS. art. 414. Citizen. Index. 4. 2. 3. and Dane’s Ab. t. when an issue is formed. To stop. There were also sacquiers.The terms truce. h. bales. in several ports of Guyenne. t. or drawings painted on shields. In the Laws of Oleron. bundles or otherwise to balance both sides. The hushand is under no obligation to give arras. It was riot but that the greatest part of the ship’s crew understood this as well as these stowers but they would not meddle with it. as −they are arrayed or arranged on the panel." In Kentucky. the right of the people to keep and bear arms shall not be infringed. ana Stow closely. which be receives from her. 518. Vide Story. heraldry. 4 Bl. v. or cheating him of his merchandize otherwise. &c. R. a sum of money remaining in the hands of an accountant. ARRAY. xxv. Merl. The whole body of jurors summoned to attend a court. 65. The mode in which it is read is. Any thing that a man wears for his defence. R. Challenge. or being accountable for any ill accident that might.) and armistice. 300 Rawle on Const. Dig. from arpent. for that you on. 4 vol. after’ saying. By arras is also understood the donation which the hushand makes to his wife. subject to the hushand’s usufruct during his life. or uses in his anger. 2 Hale. Their business was to load and unload vessels loaded with salt. (published in English in the App. but it is a donation purely voluntary. An arrest is the apprehension of a person by virtue of a lawful authority. 322. replies that he is guilty.. 161 b. t. 536. R. law practice. hold up your hand. Money remaining unpaid after it becomes due as rent unpaid interest remaining due Pow. 1890 Amer. indispensable. maritime law. while in Indiana a similar statute has been holden valid and constitutional. Unica de Saccariis Portus Romae. t. to answer the accusation contained in the indictment. ARMS. − 3. t. ARREARAGE. Com. 14. and the like. by adding. Law. "that a well regulated militia being necessary to the security of a free state. practice. Rep. 2. 229. who loaded the ship. Rep. of June 20. declares. Williams. confesses the charge." See Sacquier. if the prisoner. are sometimes used in the same sense. C. The arras is the exclusive property of the wife. He is not permitted to give in arras more than a tenth of his property. 1 Tuck. however. The name of an ancient officer of a port. practice. 176. 2. P. App. and commanding him to hold up his hand. to deprive one of his liberty by virtue of legal authority. he answers "not guilty". to cast at. A quantity of land containing a French acre. Law.happen by that means. and the clerk or attorney general. h. Harg. this is done for the purpose of completely identifying the prisoner. St. and in consideration of the dote. for if the prisoner should refuse to do so. and nothing further is done till judgment if.. h. ARREST. 2." to proceed. 1 Chit. The reading of the indictment to enable him fully to understand.. t. After this is concluded. to prevent the ship’s crew defrauding the merchant by false tale. are you guilty or not guilty?" Upon this. the holdingÿ20up his hand is not. Index. ARRAMEUR. ARRAS. Tr. who were master−carpenters by profession. 777. ARPENTATOR. Cr. to fill up the vacant spaces. all goods in casks. Inst. 4 Hall’s Law Journal. 219. Span.. Cunn. Vide Challenges. h. "you stand indicted by the name of A B. and manage every thing to the best advantage. − 1. Amendm. Dalt.− _1889. boxes. ARREST IN CIVIL CASES. certain officers called arrameurs. Vide Seal of the United States. 2. nor undertake it." and then go through the whole of the indictment. t. Litt. It consists of three parts. (q. as may be seen in the 14th book of the Theodosian code. ad sustinenda onera matrimonii. 2 Litt. ARRAIGNMENT. art 11. crim. The property contributed by the hushand. h. 1 Bl. c. or portion. 1 Chit. Adm. Dict. h." has been declared to be unconstitutional. 162 a. to avoid falling under the merchant’s displeasure. corn. A measurer or surveyor of land. J. 7. the confession is recorded. and were paid by the merchants. Burge on the Confl. . Vide Truce. law. the clerk proceeds to the third part.) some account of arrameurs will be found in these words: " There were formerly. whose business was to load and unload vessels. Calling the defendant to the bar by his name. Vide generally. J. is called arras. banners. that plea is entered for him. late of. 3 Blackf. The Constitution of the United States. Crompt. C. Co. Index. h. he may be identified by any admission that he is the person intended. A B. h. t.. B. &c. 7. h. Const. Their business was to dispose right. Mortgages. 417. 125. the charge to be produced against him. a statute " to prevent persons from wearing concealed arms. of Laws. − 2. Stevedore. Burn’s J. 1782. Com. as the person named in the indictment. The arms of the United States are described in the Resolution of Congress. Aso & Man. t.. Cro. or stowers. lib. 90. " A B.. Just. 3. Dane’s Ab. " How say you. by reason or on account of marriage. Black. ARPENT. 3. 661. who were very ancient officers. or strike at another. to 1 Pet. or takes in his hands.

to answer the demand against him in a civil action. 2. P. or in his absence. felony. may have the person of such debtor arrested and confined until he shall give sufficient security that be shall not depart from the state without the leave of the court. 127. 212. The privilege in favor of members of congress. 2 H. 214. C. ambassadors (q. 4. note. note. married women. To constitute an arrest. or the damages which he claims. 300. of electors. Any creditor. on being arrested. extend to the time of going to. v. breach of the peace. Art. provided the signature of such judge be proved or duly authenticated. 29. 4. while attending a public election. The word arrest is more properly used in civil cases. Art. 239. on Sher. n. and not by what he may know or have learned from the creditor he represent. Hardw. Barewords. married or single. is really due to him. Art. It may be made for treason. may be taken either before any judge or justice of the peace of the place where the court is held. 453. R. 3 Bl. after judgment. 3. Rep. ambassadors and other foreign ministers. the places to which they are thus legally called. electors. In the United States this privilege continues generally while the defendant remains invested with a particular character. The arrest is one of the means which the law gives the creditor to−secure the person of his debtor while the suit is pending. to Ves. in the cases provided in the two preceding articles. Vide. without leaving in it sufficient property to satisfy the judgment which he expects to obtain in the suit he intends to bring against him. 215. as a ca. The oath which the creditor is required to take of the existence and nature of the debt of which he claims payment. Vide Auter action pendant. interdicted persons. the defendant cannot generally be dis charged on bail. remaining at. when sued in their representative characters. or to compel him to give security for his appearance after judgment. − 1. in order to be forthcoming to answer an alleged or suspected crime. 5. 3. in what places. 216. − 2. without laying the person or otherwise confining him. Art. Members of congress and of the state legislatures are exempted while attending the respective assemblies to which they belong parties and witnesses. when they have been lawfully discharged. 87. 294. When the arrest is on final process.) and other public ministers are exempt from arrest. in criminal cases. 148. whose debtor is about to leave the state. and executors and administrators. whether liquidated or not. 213. 79. 8 Greenl. Art. Rights. the defendant is entitled to be liberated on giving sufficient bail. a. by his attorney in fact or his agent. and submit to the arrest. 4. without leaving in it and lastly. at what time. Com. Arrests are made either on mesne or final process. to compel him to give sufficient security that be shall not depart from the state. which the officer is bound to take. L. 5. Such arrest may be ordered in all demands brought for a debt. 318. C. For what offences an arrest may be made. 1. may be arrested. that he does not −take this oath with the intention of vexing the defendant. generally enjoy the same privilege. ARREST. 211. cannot be arrested. 2. and his discharge is considered as an escape. The apprehending or detaining of the person. 3. Who may be arrested. 440. Yelv. the creditor must swear in the petition which he presents to that effect to any competent judge. no actual force or manual touching of the body is requisite. In all governments there are persons who are privileged from arrest in civil cases. when the term of payment has expired. before which he sues. 1 Sup. The oath prescribed in the preceding article. 129 1 Burn’s Just. and of parties and witnesses in a cause. The code of civil practice of Louisiana enacts as follows. whether emancipated or not.. even for a limited time. generally. 374. but only in order to secure his demand. insolvent debtors. apprehended under a warrant charging him with a larceny. A man is arrested under a capias ad respondendum. 190. Previous to obtaining an order of arrest against his debtor. namely: Art. 210. Art. It is necessarily an assault. and that he verily believes that. An arrest on mesne process is made in order that the defendant shall answer. provided either the one or the other can swear to the debt from his personal and direct knowledge of its being due. who may be arrested. by the laws of the United States. 2. however. 169. 3 Herring. Harper. when sued upon their contracts. will not make an arrest. but not necessarily a battery. it is sufficient if the party be within the power of the officer. are generally privileged. Lis pendens: Privilege. and the amount of which he specifies. or of the state legislatures. 1 Salk. 416. or before the judge of any other place. for what crimes. Cases Temp. 1 Baldw. 215 2 Blackf. H. and returning from. 18 E. or . It will be convenient to consider. 288. to satisfy the claim of the plaintiff.. the defendant is about to remove from the state. Wats. Minors of both sexes. 2 N. 8 Dana. and women. sa. by whom and by what authority. while lawfully attending court. 11 East. ulay be taken either by the creditor himself. that the debt. 1 Wend. 2. Jr. and even for damages for any injury sustained by the plaintiff in either his person or property. and apprehension in criminal. Generally all persons properly accused of a crime or misdeameanor.

arrectatus. French law. law of Scotland. 5. law of Scotland. t. Convened before a judge and charged with a crime. He in whose hands a debt. Ab.) Secondly. to be wasted and consumed. because upon the face of the record. v. Dec. Pr. Code of Pract. civil law. 3. 3. c. of Lo. foreign. contracts. Poth. First. 3. Peace officers may. or property in his possession. t. Com. or a dangerous wound given− 11 Johns. Cunn. 486 and vide Hawk. n. L. 12. i. or that of a debtor till he give security judicio sisti. An arrest may therefore be made by a constable. 45. 1. ARRET. L. to have a malefactor forthcoming to be put on his trial. 6. in the event it shall be found due. the only difference between them is this.) which is the proper course when the circumstances of the case will permit it. Law. Saisie− arret is an attachment of property in the hands of a third person. 1. n. 13. 10. v. h. 11 to 71. v. generally. 1. 4. ARRESTMENT. Who may arrest and by what authority. the other when a sale has actually taken place. Scotch law. 2. ARREST OP JUDGMENT. ad rectum vocatus. 7. 1. Scot. (q. There are two kinds of arrbae. ARROGATION. 7.) which may be broken into for the purpose of making the arrest. 47. Soot. facti totiusque pecuniae solvendae. Trespass. An arret is a judgment. has been arrested by a regular arrestment. 12. See Attachment.) a justice of the peace. Dig. 498. TO ARRIVE. − 5. Vide. Pr. the purchaser usually gives arrbae as evidence that the contract has been perfected. It is also the order of a judge. make an arrest for a crime or misdemeanor committed in their view. 23. In the English law. ARRHAE. a court of competent jurisdiction. et fidem fecit contractus. 3. (q. 6. Ersk. in contempt of the ar−restment. 6. See Judgment. Code. Pr. If. or decree of. Ersk. B. are likely. Arrbae are therefore defined quod ante pretium datur. Imprisonment. See 1 Marsh. 6. v. Ersk. Scot. according to Bracton. he shall make payment of the sum. an arrest may be made without a warrant by a private individual or by a peace officer. 2. arrest of. An offender may be arrested either without a warrant or with a warrant. One who sues out and obtains an arrestment of his debtor’s goods or movable obligations. the ship United States arrived in New York. 3. before it has been concluded. At what places. & R. he is not only liable criminally for breach of the arrestment. 209. 587. (q. 1. H 4. Pr. 3. Private individuals are enjoined by law to arrest an offender when present at the time a felony is committed. as. The act of a court by which the judges refuse to give judgment. At what time. Ersk. a fortiori. Ad rectum malefactorem. Bac. a writ for him whose cattle or goods. h. is. de Vente. that . and the receiver of arrhae is obliged on his part to return double the amount to the giver of them in case be should fail to complete his part of the contract. in case he should refuse to complete the proposed bargain.) slieriff. Contr. L. Sometimes it is used for imputed or laid to his charge. is probibited to make payment or delivery till the debt due to the arrester be paid or secured. Money or other valuable things given by the buyer to the seller. Id. ARRESTER. − 4. no folly may be arretted to any one under age. being taken during a controversy. 7. v. on Sunday as well as on other days. (q. Bract. c. Wallace’s R. on Cr. Scot. it may be loosed by the common debtor’s giving security to the arrester for his debt. ARRESTANDIS bonis ne dissipentur. L. An arrest may be made in the night as well as in the day time and for treasons. It may be made before as well as after indictment found. 411. 8. Index. Cr. and to transfer the title to them in the opposite party. felonies. 8 Serg. To come to a particular place. by which he who gives the arrhae consents and agrees to lose them. Id. R. 506. ARRESTEE. by which he who is debtor in a movable obligation to the arrester’s debtor. v. where arrestment proceeds on a depending action. Russ. 2. sentence. c. 6. or deliver the goods arrested to the common debtor. and breaches of the peace. No place affords protection to offenders against the criminal law. Those which are given when a bargain has been merely proposed. a man may therefore be arrested in his own house.other misdemeanor. After the contract of sale has been completed. − 3. Dict. 1 Chit. 4 Bl. Com. without any warrant. D. 1 Hale. 292. Signifies nearly the same as adoption. form the matter of the contract. to reach a particular or certain place as. art. e. it appears that the plaintiff is not entitled to it. ARRETTED. 2. for the purpose of evidencing the contract earnest. 6. in the civil law.) or coroner. 1. tr. F3. s. but he must pay the debt again to the arrester. (q. (q. By this term is sometimes meant the securing of a criminal’s person till trial. an arrest may bb made by irtue of a warrant. one kind given when a contract has only been proposed.

ARSURA. art and part. 5. in describing the subjects of patents. s. they are usually called trades. 2. h. 9 C. 220. 4 . ART. 4 Wash. does not extend further than the burning of the house of another. 3. Dial. 21. that the person is not to be believed upon his oath. In agreements and other writings. The mechanical arts are those which require more bodily than mental labor. Copper−plate printing on the back of a bank note. or intellectual discovery. it is sufficient if any part be consumed. 74. by night or day. & P. 2. by furnishing him. see Stat. The thing to be patented is not a mere elementary. 4. 6. machine. 3. practice. The trial of money by fire after it was coined. a burning of the house. 49. 1st. C. 568. or. but previous to it. c. and applied to some art. ARSON. any public buildings. L. ART AND PART. 35. 4. and does so. but a principle put in practice. R. Burning in the hand. 7. C. Assistance may be given to the committer of a crime. Lord Eldon gave some general directions in the case of Carlos v. if not a felony. ARTICLES. Dig. works of the mind. containing reasons why a witness in the cause should be discredited. 38 E. C. 1825. or composition of matter. 16 John. and those who pursue them are called artisans or mecbanics. college. Inst. That sort of assistance which is not given till after the criminal act. manufacture. 487. by actually assisting the criminal in the execution. 1. S. Scot. there must be. 29. Johnson. 1027. Art and Part. a person may be guilty. 39 4 Bl. C. The power of doing. is an art for which a patent may be granted. A division in some books. Brook. sui juris. 2. not only in the actual execution. The offence of arson at common law. that the adviser is equally punishable with the criminal and that in the slighter offences. Ersk. 119. P. One who gives a mandate to commit a crime. Eunomus defines art to be a collection of certain rules for doing anything in a set form. it seems agreed.. ARTICLES. By statute this crime is greatly enlarged in some of the states. Com. defines it in nearly the same terms. Scotch law. Com. Act 23d April. In the more atrocious crimes. as he is the first spring of the action. The arts are divided into mechanical and liberal arts. n. it is at least a great misdemeanor. As to the matter which ought to be contained in these articles. 3 1 Brown’s Civ. something not taught by nature or instinct. 105. 1. C. or articles. 45. In order to make this crime complete. This word is obsolete. 2 East. 105. any barrack. though it be itself criminal. by giving warrant or mandate to commit it. uses the term art. 2 East. C. or bark. filed by a party to a proceeding in chancery. 2. c. 1829. The act of Congress of July 4. 9. The house burnt must. no one could be arrogated till he was of full age. 1836. 16 Mass. has held where the proposition was to examine a witness to credit. 4. 3d. &c. P. 276. Treat. grain. Mack." says he. Pard. does not infer art and part of the principal crime. 3 Story’s L. that is. that the examination is either to be confined to general credit. 1999. not to issue in the cause. 2 Russell on Crimes. s. belong to another. R. however small it may be. where it is extended to the burning of any barn or outhouse having bay or grain therein.adoption was of a person under full age but as arrogation required the person arrogated. may be received as pleas for softening the punishment. church or meeting−house. p. 4 Mason. with a criminal intent. c. ARSER IN LE MAIN. The liberal are those which have for the sole or principal object. Law. seems more guilty than the personÿ20employed as the instrument in executing it. if you find him swearing to a matter. or other means of perpetrating it. 2d. As to the extension of the offence by the laws of the United States. L. The Dictionaire des Sciences Medicales. " The court. 66. At common law an offence of the degree of felony. or some part of it. 3 Inst. or. rick or stack of hay. 11. Pr. . by produciug witnesses to swear. 486. with poison. Dr. 2 Russ. 10 Ves. 4. and which is commonly called abetting. 1. 3. P. and is defined by Lord Coke to be the malicious and voluntary burning of the house of another.. as in Pennsylvania. p. P. principle. either by giving advice or counsel to commit the crime. criminal law. The burning must have been both malicious and willful. the subjects are divided into parts. U. for the sake of perspicuity. or. 3. 1015. 1 Hale. C. arms. Where one is accessory to a crime committed by another. v. "attending with great caution to an application to permit any witness to be examined after publication. the jocular or careless manner of giving the advice. 2. Terms de la Ley. Cr. but if a man set fire to his own house with a view to burn his neighbor’s. 16 Mass. and those who are engaged in them are called artists. The sense of this word in its usual acceptation is perhaps too comprehensive. paragraphs. 2. tit. school or library. chan. 203. R. An instrument in writing. the circumstances arising from the adviser’s lesser age. 1 Hawk. This punishment was inflicted on those who received the benefit of clergy. 1.

the Articles of Confederation and Perpetual Union between the States. as. Cruise on Real Pr. who had sworn to a. 4 Shepl. 5 Wheat. as the witness is not produced to vary the case in evidence by. it is now proposed to give an analysis of the articles of confederation. Pennsylvania. South Carolina. by the first article. 7. that he. ARTICLES OF CONFEDERATION. 327. A complaint in the form of a libel. North Carolina. Massachusetts Bay. 300. in general cases the cause is heard upon −evidence given before publication. tit. in issue. "In pursuance of the design already announced. under pretence of examing to credit only.) in that case. 31. when goods are to be delivered. who had deposed only to points put in issue. 1. The covenants to be performed by each party should be specially and correctly stated. and it would be lamentable. in order to identify them. Virginia. The instrument should be truly dated. and their addition should also be mentioned. 2. reduced to writing to make some future disposition or modification of property. 9 Ves. In Purcell v. Ev." he continued. 32 c. bore the name of the "Articles of Confederation and perpetual union between. but the general question only is permitted. and had compounded with his creditors. Delaware. − 2. even at law. & R. but is to speak only to the truth or want of veracity. The subject−matter of the contract ought to be set out in clear and explicit language. and such an instrument will create a trust or equitable estate. and Georgia. but. the court has not considered itself at liberty to sanction such a proceeding as an examination to destroy the credit of another witness. the subject−matter of the contracts. New York. 5 S. " appear to me material to what is in issue in the cause. 5. 2. Rhode Island and Providence Plantations. and then his own. The following analysis of this celebrated instrument is copied from Judge Story’s Commentaries on the Constitution of the United States. And see Id. It should also be stated which persons are of the first. This instrument should contain: 1. 4. 469. . with which a witness had spoken to a fact not. for there is a difference in the delivery of light and bulky articles. s. & c. had sworn falsely to that fact. 1789. The seller of bulky articles is not in general bound to deliver them unless he agrees to do so. It is not competent. & S. 140. It should be signed by the parties or their agents. second. provided you examine to credit only. ARTICLES OF AGREEMENT. it was agreed that after publication it was competent to examine any witness to the point. Maryland. the states of New Hampshire. testimony that relates to matters in issue. Book 2. The rule is. that each state retained its sovereignty. A confusion. Relate either to real or personal estate. It was not at all put at issue whether he had been insolvent. by his agent or attorney C D. the date. and that he had been insolvent. 145." See a form of articles in Gresl. they proved by witnesses. ex hibited to an ecclesiastical court. − 1. or other part. M’Namara. if the court could not find means of getting at it. and independence. and remained as the supreme law until the first Wednesday of March. or had compounded with his creditors. 420. Connecticut. − 5. 1. 1 S. New Jersey. 49. as a mistake in this respect leads to difficulties which might have been obviated had they been properly drawn. "The style of the Confederacy was. tit. to ask the ground of that opinion. declared to be. the fact not being material. and every power. for the purpose of discrediting a witness. as they are denominated in the instrument itself. it ought to be provided at whose expense they shall be removed. 3. contracts. The compact which was made by the original thirteen states of the United States of America. M’Namara. ARTICLES. 6. or. is false and. and the time and place of the performance of the agreement ought to be mentioned and. the covenants which each of the parties bind themselves to perform. 1781. not put in issue. and therefore must be suppressed. there is no danger in permitting him to state that such fact. and do not go to matters in issue in the cause. 141.(and therefore not thought material to the merits. − 3. − 4. the witness went into the history of his whole life and as to his solvency. as they were finally adopted by the thirteen states in 1781. whether he would believe that man upon his oath. The parties should be named. 12. c. 4. the name and character of the parties. having sworn the contrary. but that you may examine after publication. R. law. In Purcell v.’ The second article declared. Those depositions. the signatures of the parties. and also 8 Ves. of which a specific performance will be decreed in chancery. c. may occasion difficulties. A B. When signed by an agent he should state his authority. 3." It was adopted and went into force on the first day of March. or in contradiction of them. 19 12 Mass. and sign his principal’s name. 3. Eq. freedom. 2. An article is a memorandum or minute of an agreement. in this respect. eccl. 5. 3. for he could not be indicted for perjury. though swearing falsely. ‘The United States of America. matter not in issue. or to both.

raise the men. of appointing all officers of the land forces in the service of the United States. which was not by this confederation expressly delegated to the United States. and that full faith and credit should be given. upon the demand of the executive of the state. except regimental officers. to manage the general affairs under their direction. as to treaties of commerce. and directing their operations. of appointing all officers of the naval forces. and commissioning all officers whatsoever in the service of the United States. Each state was to maintain its own delegates. and exacting postage to defray the expenses. upon the petition of either of the grantees. congress was invested with the sole and exclusive right and power of determining on peace and war. and. The third article declared. and other committees and civil officers. Freedom of speech and debate in congress was not to be impeached or questioned in any other place.jurisdiction and right. on appeal. as the legislature of each state should direct. or any other pretence whatever. arm. and their mutual and general welfare binding themselves to assist each other against all force offered to. to the records. "Congress was also invested with power to decide in the last resort. that the people of each state should have free ingress and regress to any from any other state. and for the division and appropriation of prizes taken by the land or naval forces. of sending and receiving ambassadors. 4. that the states severally entered into a firm league of friendship with each other. in any term of six years. felony. and make requisitioins upon each state for its quota. the next article (5th) provided for the organization of a general congress. or any other cause whatsoever. (vagabonds and fugitives from justice excepted. 7. in proportion to the number of white inhabitants in such state. sovereignty. of establishing rules for deciding all cases of capture on land and water. and equip them at the expense of the United . unless in case of an invasion of a state by enemies. 6. and attendance on congress. to. provided. No state was to be represented in congress by less than two. in determining questions in congress. for their common defence. but no person was to serve in the office of president more than one year in the term of three years. The fourth article declared. and the mode of exercising that authority was specially prescribed. and of establishing courts for receiving and finally determining appeals in all cases of captures. and judicial proceedings of the courts and magistrates of every other state. or attacks made upon them. "Congress was also invested with the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority. borrow money and emit bills ou credit of the United States to build and equip a navy. under certain limitations. stead. be delivered up. public service. or that of the United States. claimed under different grants of two or more states before the settlement of their jurisdiction. jurisdiction. or any of them. acts. of fixing the standard of weights and measures throughout the United States. of regulating the trade and managing all affairs with the Indians. No delegate was eligible for more than three. the security of their liberties. to ascertain the necessary sums for the. not members of any of the states. and to send others in their. The legislatures of each state were to appoint the regimental officers. that the legislative right of any state within its own limits should not be infringed or violated of establishing and regulating post offices from one state to another. And all controversies concerning the private right of soil. But no state was to be deprived of territory for the benefit of the United States. on account of religion. from which they fled. "Having thus provided for the security and intercourse of the states. to appoint one of their number to preside. were to be finally determined in the same manner. all disputes and differences between two or more states concerning boundary. or an imminent danger of an invasion by Indians. and no delegate was capable of holding any office of emolument under the United States. and to consist of one delegate from each state. and the members were to be protected from arrest and imprisonment. to agree upon the number of land forces. in each of the states. entering into treaties and alliances. and of making rules for the government and regulation of the land and naval forces. that the free inhabitants of each of the states. in the service of the United States of granting letters of marque and reprisal in times of peace. subject to the same duties and restrictions. 8. of appointing courts for the trial of piracies and felonies committed on the high seas. during the time of their going to and from. declaring that delegates should be chosen in such manner. and clothe. "By subsequent articles. to meet in congress on the first Monday in every year. with a power. to recall any or all of the delegates. in congress assembled. as the inhabitants. trade. was to have one vote. reserved to each state.) should be entitled to all the privileges of free citizens in the several states. nor than seven members. "Congress was also invested with authority to appoint a committee of the states to sit in the recess of congress. that fugitives from justice should. and should enjoy all the privileges of trade and commerce. or breach of the peace. 5. except for treason. and to appropriate the same for defraying the public expenses.

No two states could enter into any treaty. 9. And no imposition. nor enter into any treaties or alliances. could be laid by any state on the Property of the United States or of either of them. nor grant letters of marque or reprisal in. that when land forces were raised by any state for the common defence. or in such manner as the state should direct. except such powers for the exercise of which. the present constitution. in cases of impeachment. Nor could any state grant commissions to any ships of war. "Such were the powers confided in congress. and then subject to the determination of congress. and ’Confirmed by the legislatures of every state. 10. No state could lay any imposts or duties. duties. of which the owner was an inhabitant. all officers of or under the rank of colonel should be appointed by the legislature of the state. when desired by any delegate. emolument. in proportion to the value of the land within each state granted or surveyed. as congress. or receive an embassy from. any treaty with any king. and camp equipage. except for adjournng from day to day. into the Union. except by vote of the majority of the states." ARTICLES OF IMPEACHMENT. "The committee of the states or any tine of them. An instrument which. under which the treaty of peace. and all vacancies should be filled up in the same manner that all charges of war. that every state should abide by the determinations of congress on all questions submitted to it by the confederation. was to be determined. nor agree upon the number of vessels of war to be built. prince or state. were authorized in the recess of congress to exercise such powers. that the articles should be inviolably observed by every state. (q. except such as should be deemed requisite by congress to garrison its forts. should be a charge against the United States. and necessary for its defence. confederation. except after a declaration of war by congress. unless actually invaded by enemies. No vessels of war were to be kept up by any state in time of peace. And no question on any other point. nor could congress itself grant any title of nobility. and amunition. or the number of land or sea forces to be raised.) is used. and to any place within the United States and provision was made for the publication of its journal. accept any present. sufficiently armed and accoutred. nor coin money or regulate the value thereof. be made in any of the articles. unless nine states should assent to the same. with the assent of nine states. moneys borrowed. 15. and arms. prince or state. that all bills of credit. is known by this name. and all other expenses for the common defence or general welfare. No state could engage in war without the consent of congress. or trade. unless agreed to by congress. provided. 11. in a common criminal case. without the consent of the United States. 12. nor ascertain the sums or expenses necessary for the. was negotiated. to be estimated according to the mode prescribed by congress. unless such state were infested by pirates. from any foreign king. or in danger of invasion by the Indians. and of other colonies with the assent of nine states. which should be supplied by the several states. 14. and debts contracted by or under the authority of congress before the confederation. that congress should never engage in a war. "Congress was also invested with power to adjourn for any time not exceeding six months. and to be provided with suitable field−pieces. But even these were greatly restricted in their exercise. nor any body of forces. which might interfere with any proposed treaties. But every state was required always to keep up a well regulated and disciplined militia. and the buildings and improvements thereon. v. "Certain prohibitions were laid upon the exercise of powers by the respective states. which could not be thus delegated. These articles do . nor appoint a commander−in−chief of the army or navy. and performs the same office which an indictment does. time of peace. "There was also provision made for the admission of Canada. without the consent of congress. and the union of the states maintained until the adoption of. office −or title. And it was finally declared. 13. No state. for it was expressly. and that no alterations should. that the union should be perpetual. nor letters of marque and reprisal. and for entering the yeas and nays thereon. or restriction. acknowledging our independence. except deemed necessary by congress for its defence. nor emit bills nor borrow money on the credit of the United States nor appropriate money. the assent of nine states was required. or any of them. provided. should be defrayed out of a common treasury. or purchased. and tents. "It was further. or enter into. should think it expedient to vest them with. "Such is the substance of this celebrated instrument. could send an embassy to. by the articles of confederation.States. or alliance with each other. No state could prevent the removal of any property imported into any state to any other state. the war of the revolution concluded. nor could any person holding any office under the United States. and the taxes for that proportion were to be laid and levied by the legislatures of the states within the time agreed upon by congress. defence and welfare of the United States.

to avail himself of it. Partn 398. 383. _2 Wats. − 4. Dig. but in order to suppress frauds. the parties may apply for redress to a court of law. 40. & Yo. and that questions. it seems the contract cannot be specifically enforeed. The agreement that the parties actually by the instrument enter into partnership. 8. however. in general. specific period of time. when no term is fixed. 500. 3 Atk. In general these courts will not entertain bills for specific performance of such preliminary contracts. it is intended briefly to examine the decisions which have been made in relation to it. c. that the interest of the partner shall go to such persons. 218. It is proper to premise that under each particular head. Story. so much certainty.. The duration of the partnership. Colly. the partnership will not. or operation of law. against the wishes of one or more of them. 7. and. This clause ought to be very particularly written. The answer to articles of impeachment is exempted from observing great strictness of form. Gow. Story. 140 5 Barn. R. by mutual consent. or for the admission of one or more of his children into the concern. Lect. The names of the contracting parties. Partn. The business to be carried on and the place where it is to be conducted. These are not partnerships. Part. after such determination it is carried on by the partners without any new agreement. − 3. _666. or for a. the partnership may be immediately dissolved. and for want of appointment to such persons as are there named. and. R. Additional articles may. 176. 2. ARTICLES OF PARTNERSHIP. Partn. Parliament. _84. 157. _808. & Cres. Partn. to extend such busiress beyond the provision contained in the articles. 1. 1 Swanst. partnerships may be conditional or indefinite in their duration. 1 Swanst. 9 Ves. 2. Parl. by implication as the basis of the new partnership during its continuance. 5 Mason. 9 Ves.not usually pursue the strict form and accuracy of an indictment. Partn. and in case of an acquittal. Partn. 605. or for a single adventure or dealing. Story. Story. Application is sometimes made to courts of equity for their more efficient aid to compel a specific performance. as to enable the party to put himself on the proper defence. 569. This ought always to be expressly provided for. Rep. the commencement will take place from the date of the instrument. and care must be taken to distinguish this agreement from a covenant to enter into partnership at a future time. Sometimes this clause provides. 108. 3. it will be proper to observe that sometimes preliminary agreements to enter into a partnership are formed. 360. it is presumed to endure until that period has elapsed. When a term is fixed. 2. when the duration of the partnership has been fixed by the articles. The commencement of the partnership. In these cases it seems that the executors or administrators have an option to continue the partnership or not. It is usual to give a full and particular answer to each article of the accusation. 15 Ves. Colly. Rawle on the Const. p. arise as to their effects. The name given to an instrument of writing by which the parties enter into a partnership. 4. but it will not be presumed to be beyond life. 10. unless sooner dissolved by the acts of one of them. Colly. Gow. 390. These should all be severally set out. be exhibited at any stage of the prosecution. where damages will be given. for life. A stipulation may lawfully be introduced for the continuance of the partnership after the death of one of the parties. 109. 1 Molloy. as courts of equity will grant an injunction when one or more of the partners attempt. The principal parts of articles of partnership are here enumerated. R. 2. But before proceeding more particularly to the consideration of the Subject. but agreements to enter into partnership at a future time. 149. Story on the _806. When. and the partnership expires by mere effluxion of time. 216. B. 17 Ves. R. − 5. This instrument generally contains certain provisions which it is the object here to point out. − 2. as a compensation. 9. they will compel such performance. Story. _193. 389. 6. and it may contain arguments as well as facts. be deemed one for a definite period. either by his executors or administrators. in the absence of all circumstances which may lead as to the true intent of the partners. Jur. When no other time is fixed by it. L 21. . 60. Foster. the old articles of the expired partnership are to be deemed adopted. This may be. Partn. They are sometimes quite general in the form of the allegations. Com. perhaps. _189. 5. this period of duration is either express or implied. as be shall by his last will name and appoint. for the life of the parties. Eq. 513. 466. upon the conditions therein mentioned. or ought to contain. When such an agreement has been broken. Partn. Partn. or manifestly mischievous consequences. Wood. Colly. but in other respects. but always contain. 298. 147. 185. as a bar to another impeachment. not unfrequently. note. Colles. 1 McCl. 521. note.

16. The French and civil law also agree as to this provision. Poth. 529. Pr. It is not requisite that the instrument. Partn. Story. The members of the partnership are required to use the name thus agreed upon. 21. − 13. it shall be divided in the proper proportions. or other causes particularly enumerated. Partn. and the other only his skill. after paying all the liabilities of the partnership. Partn. 72. C. 383. by providing that one or more of the partners shall be entitled to purchase the shares of the others at a valuation. 595. this provision is incorporated in it’s civil code. Partn. Story. but the defendant may either except to their sufficiency. The articles should be dated. art. − 15. or pay by installments. 11 Adol. 141. see Partners. A provision for the apportionment of the profits a and losses among the partners should be introduced. _207 8 Sim. R. R. where there are no stipulutions to the contrary. & Walk. 14. Partn. Sometimes a provision is inserted that real estate. 12. and a departure from it will make them individually liable to third persons or to their partners. Gow. Pand. and that after paying the partnership debts. Colly. and executed by the parties. _203. 1. 19. The truth of the articles cannot be contradicted. − 14. 2 Jac. 1. When a partner is required to furnish his proportion of the stock at stated periods. although one may have furnished all the capital. 20. In this case. should be under seal. _178. but see 7 Bligh. not as partnership but as several property.−7. 432. 13 East. − 10. n. As to the rights of the majority. An instrument which is presented to a court of competent jurisdiction. 171. 6 Wend. This should be provided for. Colly. 7 Sim. Colly. for no action will lie for a breach of it. 5 Ves. courts of equity will protect such partner in his rights. 1 Swanst. 189. John Doe and Company. & Ellis.− 12. in particular cases. 182. 193. _206. de Societe. Colly. Partn. 263. & Ellis. and. Story. 145 Story. for insolvency. and prays the protection of the court. 3 Kent. 4th ed. 105. − 11. 179. Eng. The first of these modes is adopted by courts of equity in the absence of express stipulations. − 8. This instrument should allways contain a provision for winding up the business. 9 Adol. Sometimes a provision is introduced that a majority of the partners shall have the management of the affairs of the partnership. Partn. as that would deprive the courts of their jurisdiction. 209. 339. 146 Story Partn. that all the property of partnership shall be appraised. This provision will govern when the case occurs. 202. Colly. These accounts when settled are at least prima facie evidence of the facts they contain.11 − 6. This clause seems nugatory. 4. 126. in which the exhibitant shows the grievances under which be labors. he will. Partn. It is made on oath. Wats. In the absence of all proof. A provision should be inserted as to the manner of furnishing the capital or stock of the partnership. Partn. 18. 599. Colly. 13. Poth. 142. 1 Chit. and controlling circumstances. The name commonly given to a code made for the government . either by affidavit or otherwise. R. 63. A provision is not unfrequently inserted that the business shall be managed and administered by a particular partner. Partn. 17. 89. _172. Partn. 678. 2838 to art. 600. which the parties cannot do. Vide Parties to contracts. be considered a debtor to the firm. secondly. 16. Partn. 71. When the partners are numerous. 314. This is requisite. L. 59. 202. & Shaw. Story. thirdly. Partn. 204 Colly. & Ellis. though there is an implied provision in every partnership that no partner shall carry. the partners are to share in both equally. _24. R. 15. 1. 40 E. a provision is often made for the expulsion of a partner for gross misconduct. on any separate business inconsistent or contrary to the true interest of the partnership. as between the partners. 239. 753. R. _215. 266. Story. R. 165 Wats. 28. Story. 14. Dig. 2840. Com. R. particularly when the associates are numerous. ARTICLES OF THE PEACE. In Louisiana. See a form in 12 Adol. dividing such money in proportion to the several interests of the parties. as for example. Partn. practice. 14. a provision that in case of disputes the matter shall be submitted to arbitration. Partn. This is generally provided for in one of three modes: first. 3 Madd. 141.. In cases of bankruptcy this property will be treated as the separate property of the partners. The name of the firm. and fixtures belonging to the firm shall be considered. _102.ÿ20or that one of its departments shall be under his special care. ARTICLES OF WAR. or tender affidavits in reduction of the amounts of bail. 136. A provision is frequently introduced forbidding any one partner to carry on any other business. Sometimes a stipulation for an annual account of the Property of the partnership whether in possession or in action. 141. It is not unusual to insert in these articles. Partn. 5 Wils. and of the debts due by partnership is inserted. 13. Partn. bankruptcy. by turning all the assets into cash. 2. ought to be ascertained. Colly. Partners Partnership. − 9. 125. Partn.

by this progressive increase. or whether it is. Corporations are such artificial persons. Every one has two ascendants at the first degree. S. This term includes persons who have been asphyxiated by submersion or drowning. Lib. or whether he is dead. septunx. a body of men or company are sometimes called an artificial person. and so on. two−thirds. 2. 1 Story’s L. by the effect of lightning. Nov. ex besse. thus we say a corporation is an artificial person. and in this sense. Among the Romans. it must be done without discouragement for several hours together. 6 ounces. A temporary suspension of the motion of the heart and arteries. 1 Bouv. h. by breathing mephitic gas. Solidum quid. the coldness of the body. the act of the sufferer himself. or ex deunce. or black color of the face. violet. In a legal point of view it is always proper to ascertain whether the person who −has thus been deprived of his senses is the victim of another. Till putrefaction commences. triens. t. n. By this progress sixteen ascendants are found at the fourth degree. ex semisse. A word purely Latin. the lines which were forked. quodrans. by heat. The act of April 23. In a medical point of view it is important to ascertain whether the person is merely asphyxiated. so that any error that may arise in ascertaining one of the debts need not reach to all the rest. but to insure success. First. 7 ounces. thirty−two. which was composed of twelve ounces. a person has at the twenty−fifth generation. was an heir of one−third. Servum de hoeredibus. Vide drt. med. swooning. in opposition to a natural person. 3 ounces. and this multiplication thus frequently interrupted by the common ancestors. are not always signs of death. sextans. xiii. who had been naturalized. Experience proves that remaining several hours under water does not always produce death. ascriptitii were foreigners. A term used in Scotch. Cunn. from whom the other descends. one hundred and twenty−eight at the seventh. or from whom he derives his birth. fainting. 2 ounces. jur. when it is usual to accumulate each debt by itself. Artificial accession is the uniting one property to another by art. 6th. 177. 10 ounces. 11 ounces. An heir ex triente. or eleven−twelfths. so that an heir ex asse. The assistance to persons thus situated. Inst. at the fifth sixty−four. semis. 5th. law in cases where there is more than the debt due to the adjudging creditor. ARTIFICERS. 4th. his father and mother. Inst. Inst. 1 ounce. however remote they may be. because the law associates them as one. ARTIFICIAL PERSON. Dict. whether the injury has been caused by accident. It has two significations. at the sixth. From this primitive and proper sense of the word another was derived: that namely of the totality of a thing. was an heir of the whole inheritance. and his maternal grandfather and grandmother. It was divided also into many other parts (as may be seen in the law. may be reduced to a few persons. Persons asphyxiated are frequently in a state of only apparent death. thirty−three millions five hundred and−fifty−four thousand. can be distinguished only by putrefaction. 3d. it signifies weight. Thus in going up we ascend by various lines which fork at every generation. four at the second degree. by the effect of cold. deunx. is the same thing as the Roman pound. . maybe administered by any intelligent person. 1806. and gives them various powers possessed by natural persons. 503. 5 ounces. 1800. Thus as signified the whole of an inheritance. ARTIFICIAL. four hundred and thirty−two ascendant’s. The act of April 10. 2d. U. But as many of the ascendants of a person have descended from the same ancestor. ASPHYXY. 47. . 4 ounces quincunx. 1 Bouv. 8 ounces. 17 Code 11. or relates to. opposed to natural. and who had in general the same rights as natives. 2 Story’s Laws U. one−half. contains the rulesand articles by which the armies of the United States shall be governed. S. The red. Persons whose employment or business consists chiefly of bodily labor. What is the result of. contains the rules and regulations for the government of the navy of the United States. dextans. Real from apparent death. the arts. his paternal grandfather and grandmother. Vide Line. Those who are masters of their arts. ASCRIPTITIUS. ASCENDANTS. the stiffness of the limbs. civil law. In a figurative sense. n. Pandect. 2. 22. uncia. ARTICULATE ADJUDICATION. bes. eight at the third. the Roman as. 992. 761. The following general remarks have been made as to the efforts which ought to be made to restore a person thus situated. opposed to a simple natural union. AS.) viz. dodrans. ch.of the army. aid ought to be rendered to persons asphyxiated. 2. Those from whom a person is descended. reunite to the first comnmon ancestor. by suspension or strangulation. 9 ounces. 1st.

1 East. 11 20 Johns. 2. s. as by pointing a weapon at him when he is within reach of it. or those authorized by the constitution and laws. 20. where it is openly declared. for example. 12. and they are more severely punished than simple assaults. 2377. 395. or with other circumstances as denote at the time. 656. n. 14 S. 1 Const. 2. does not apply. 523. and the like. ASPORTATION. 9th. By assassination is understood a murder committed for hire in money. five or six are in general sufficient. Assaults are either simple or aggravated. take it will be presumed. 1 Binn. t. whether from malice or wantonness. 4 Munf. The assistance should be rendered with activity. 6 Verm. Roscoe. 234. & Rawle. See 3 Munf. A murder committed by an assassin. it is made the duty of the secretary of the treasury to cause assays to be made at the mint of the United States. ASSAY. Rep. cont. A simple assault is one Where there is no intention to do any other injury. 3 Barn. 1 Serg. Ab. 62. and to make report of the result thereof to congress. 2 Hayw. Unlawful assemblies. 284. 150. Taking. 8 Watts. Popular assemblies are those where the people meet to deliberate upon their rights. of certain coins made current by the said acts. Because it is contrary to the policy of law to permit the freehold to remain in suspense and uncertainty. . 1823. if a man should fire a pistol at another and miss him. contracts. S. 345. & Rawle. it is borrowed from the civil law. 6 Rogers Rec: 9. 4. a mere bounty. the removing a thing from one place to another. 332. or with intent to spoil his clothes. 2 Ventr. law. For instance. P. or implied. s. 3. & R.) because in each of the latter−cases there is some act done besides the simple meeting. 45.. 296 15 Wend. 296A 3 Lev. Cr. 461 4 Day. or with the advantage of arms or place) or of a number of persons who support him. 4. although they may not carry their purpose into execution. 2. 46 1. The rule requiring an express dissent. his assent to it is presumed. 161. An assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another. 6 Rogers’ Rec. 31. It differs from a riot or rout. of June 25. By the acts of Congress of March 3. 3. when a conveyance is made to a man. 9. which includes the senate and house of representatives. ASSENT. Hawk. 4 Shars. ASSEMBLY. P. This being done with malice. without any provocation or cause of resentment given by the person against whom the crime is directed. 2. by striking at him or even holding up the fist at him in a threatening or insulting manner. the former would be guilty of an assault with intent to murder. Story’s L. & Alders. C. 1 2 Mass. 9. S. pl. 4 Halst. (q. When a devise draws after it no charge or risk of loss. 3. crim. therefore. An agreement to something that has been done before. however. 4. The place where the operation is performed should not be too warm. R. 1. 15. The term assassin is but little used in the common law. crim. 201. art. law. the assent of the devisee to. When the injury is actually inflicted. An unlawful assembly is the meeting of three or more persons to do an unlawful act. 347 Bac. There are several kinds of assemblies. B. the estate should continue in him. of actual violence against his person. S. ASSASSIN. another object which is also criminal. the general assembly. A chemical examination of metals.7th. t. and no man can be supposed to be unwilling to do that which is for his advantage. 17 Mass. Vide Carrying away. U. an intention. for example. Ersk. P. 2. is murder. aforethought. ASSAULT. 73. Ev. C. art. c. 604. P.) 2. R. B. R. & R. R. that when a conveyance is completely executed on the part of the grantor. 502. 650 1 Wheeler’s Cr. An assassin is one who attacks another either traitorously. where it is presumed by law. 9. 1924. that it is for a person’s benefit to take. R. R. All unnecessary persons should be sent away. of Penn. Because it would seem incongruous and absurd. b. h. Show. 523 20 John. 4. are aggravated assaults. The union of a number of persons in the same place. and kills his victim. 184. 1834. ASSASSINATION. v. crim. 2 Camp. 3 Story’s L. U. Cr. R. This is punished at common law by fine and imprisonment. 411. R. Id. so an assault with intent to rob a man. and of June 28. U. Amend. 12 Mass IR. 364. An aggravated assault is one that has in addition to the bare intention to commit it. It is either express. 1 Russ. law. v. R. 5 S. Political assemblies. (q. for example. C. The act of carrying a thing away. 2373. N. A dissent properly expressed would prevent the title from passing from the grantor unto the grantee. it amounts to a battery. Const. R. General references. the meeting of the electors of the president and vice− president of the United States. and is. 8th. 1. 9 5 Serg. 406. may also be called an assembly. but without precipitation. 184. Inst. Bull. for the following reasons. 3 Mod. 210. these are guaranteed by the constitution. coupled with a present ability. cause there is a strong intendment of law. by which the quantity of valuable or precious metal contained in any mineral or metallic mixture is ascertained. 1834.

ASSESSMENT. 1.. In the exercise of this power or duty. is that portion of the ancestor’s estate which descends to the heir. 190. which such heir. by their advice. the usual course is to issue a writ of inquiry. into assets enter mains and assets per descent. If the assertion is false. 109. Const. 281. 218. before the offer is withdrawn. See 5 Wend. Assets enter maim. and appraising their several occupations. Rep. 112. it is not binding on the party making it. with the specialty debts of his ancestor. See 11 S. Legal assets. The property in the hands of an heir. Code. lib. as that the grantor of land is lawfully seised. is called assets. 3. When an offer to do a thing has been made. v. 1. ASSETS. and fixing its valuation or appraisement. the sheriff. 5. & S. bond.) and. Rep. ascertains the amount of damages. generally. R. executor. the act of thus fixing the amount of damages is called the assessment of damages. 1 Wash. 3 Mass. R. enough. 6 Wend. 3 Bouv. ascertained. by which the amount of money due may be easily computed. aided by twelve lawful men. 502. When. when the circumstances will warrant it. that it is clear of encumbrances. 1. 379 1 Fairf. fixes the damages. R. unless set aside. although there may not be enough to discharge all the obligations. &c. until the assent of the other paity has been given and such assent must be to the same subject−matter. the Roman magistrates. administrator or trustee. divide the aggregate by the number of jurors. 1 Cowen. 103. But the property is still called assets. by virtue of such writ. 3. 238. They cannot lawfully. the contract is complete. is. are such as constitute the fund for the payment of debts according to their legal priority. pari . which Signifies to be seated with the judge. t. 185. when an assignment is made to one for the benefit of creditors the assent of the assignees will be presumed. C. nd not by a blind chance. or sums of money. when the object of the action is to recover damages only. 2. The jury must. (q. they are real or personal. or assets in hand. 2. They were lawyers who were appointed to assist. and a final judgment follows. 272. 339. being mere military men. and the like. Equitable assets. the jury are required to fix the amount or to assess the damages. 1 Summ. 4. Termes de la Ley. 243. ASSESSORS. and in such case no writ of inquiry is issued. 12 John. 8 S. it is also applied to making out a list of persons. the prothonotary is directed to assess the damages. add the sums together. on the contrary. 8300. Assets per descent. 6 W. may give high damages. which. To rate or to fix the proportion which every person has to pay of any particular tax. the heir or trustee has enough property. chiefly with a view of taxing the said persons and their property.when the grantee is bound to pay a consideration for the thing granted. are such as can be reached only by the aid of a court of equity. in the assessment of damages be guided by their own judgment. (q. Dig. 500. and are to be divided. In our law an assessor is one who has been legally appointed to value and appraise property. In actions for damages. To assess damages is to ascertain what damages are due to the plaintiff. and not brought for the specific recovery of lands. 51. executor. n. In general. ASSESSMENT OF DAMAGES. The making out a list of property. 70. 19 John. that is. 22. and which is sufficient to charge him. TO ASSESS.. & R. civil law. 523. v. these covenants are broken the moment that the instrument is signed. Assets are sometimes divided by all the old writers. Inst. in actions founded on writings. in the same sense. the action is founded on a promissory note. C. as to the property from which they arise. is such property as at once comes to the executor or other trustee. required to discharge. which is legally or equitably chargeable with the obligations. or other contract in writing. 419. 6. When such assent is given. The term is derived from the French word assez. 1 Binn. After an interlocutory judgment has been obtained. as such. the damages must be. it is the practice. R. and adopt the quotient for their verdict. 8 Leigh. for the purpose of satisfying claims against him as such.) that is. 518. to refer to the clerk or prothonotary the assessment of damages. in some courts. goods. administrator or other trustee. in many cases after interlocutory judgment. 280. 5 Greenl. 5. So called from the word adsidere. in making up their verdict. 1011. 2. therefore. and makes return to the court of the inquisition. and. 2. each one put down a sum. and Offer. But see 24 Wend. In cases sounding in damages. they are 1egal or equitable. 2. with a view of laying a tax on it. the jury must be guided by sound discretion. as far as it goes. One by which the covenantor affirms that a certain fact is in a particular way. 1. 4.. considered as to their mode of distribution. t. ASSERTORY COVENANT. 2 Williams on Ex. in cases sounding in tort the damages are frequently assessed on a writ of inquiry by the sheriff and a jury. and the heir. who were generally ignorant of law. 205. lib. executor. is chargeable in distribution as far as such property extends. 4 Call.

t. 9 Port. practice. Cas. bargain. The deed by which an assignment is made. passim. and Merl. contracts.) R. Willis on Trust. Quest. Co. Bac. An assignee in law is one in whom the law vest’s the right. or to assign false judgment. note 1. or any other words which will show the intent of the parties to make a complete transfer. h. 70 Supp. The ceding or yielding a thing to another of which intimation must be made. one who transfers property to another. 141. Scotch law. 3. 1 Madd. &c. 2 Bouv. Rep. and set over. 1 Hate & Wall. ASSEVERATION. will pass with it as. h. 233. 2. To set forth or point out. without his act would not have been so subject. the thing produce interest or rent. 58. by assets is understood all the stock in trade. 3 Vin. h. The act by which the plaintiff in error points out the errors in the record of which he complains. E. 11 Vin. Hob. n. as. 16 Conn. 5 John. and all available property belonging to a merchant or company. Code of Louis. &c. 1 P. are such as descend to the heir. if. 510. 19. The proof which a man gives of the truth of what be says.. Ab. 2. t. 2 John. such as the defeudant in error may plead to.. a Saund. 77. 72 2 Phil. to appoint a deputy. 3. if the assignor of a bond had collateral security. 186. Dec. One who makes an assignment. Nelson’s Ab.. Ev. and 1 Vern. h. or a lien on property. but when he makes a general assignment in trust for the use of his creditors. will amount to an assignment.. 210 a. 40 1. 9. t. N. de Droit.passu. To appoint. assign. Index. as when a debtor has made his property subject to his debts generally. generally. on Exec. Civ. 242 3 How. 81 7 East. 361. Williams on Exec. t. 5. 3 Ves. 242. Arch. h. (Miss. 2612. Oath. R.. Ch. Ch. In general the assignor can limit the operation of his assignment. Ab. ASSIGNMENT OF ERRORS. 90 6 Pick. a bond. 6 Dana. 4 B. mot Serment. cash. 78−85. 454. a general assignment.. Ab. but the words grant. an annuity. 7 John. and the cases there cited. Covenant. are ascertained and set apart for her benefit. Jr. as to assign an estate. t. generally. 94. Rep. Ab. h. In relation to general assignments. 4. St. ASSIGNMENT. are such goods and chattels to which the executor or administrator is entitled. Com.. note 1. 83. 9. 239. 3 Bibb. Assignees are either assignees in fact or assignees in law. contracts. 2 Drev. transfer. the interest or the arrearages of the rent since the assignment. in her deceased hushand’s real estate. TO ASSIGN. the collateral security and the lien will pass with the assignment of the bond. that by the latter he appeals to God as a witness of the truth of what he says. and mixed. Bac. 2. as. 1 Salk. F. Sel. ASSIGNOR. 1 Vern. as an executor or administrator. 2 Fonbl. 2. Index. 50. see Angell on Assignments. Com. The errors should be assigned in distinct terms. personal. Justices are also said to be −assigned to keep the peace. 425. by appealing to his conscience as a witness. 1. 7. The assignment of a thing also carries with it all that belongs to it by right of accession. h. and impose whatever condition he may think proper. Vide Assigns. PI. In common parlance this word signifies the transfer of all kinds of property. but it is more properly used to signify a transfer of some particular estate or interest in lands. which. Gordon’s Law of Decedents. 291. The act by which the rights of a widow. and sell.. Toll. he can impose no condition . 6.. Ab. ASSIGNATION. t. 2 Wash. B. Inst. A chose in action cannot be assigned at law. One to whom an assignment has been made. among all the creditors. 586. and all the errors of which the plaintiff complains should be assigned." to show where the error is committed. is also called an assignment. real. ASSIGMENT OF DOWER. as in estate in fee simple. 118. Munroe. 511. and whether the same be in possession or in action. 2 Penn. t. Litt. Civ. et seq. 337. 443. Index. therefore. to punish him if he speak not the truth. Dig. To make a right over to another. to Ves. Ram on Assets. art. Jr.. 2 Bl. t. The proper technical words of an assignment are. though it may be done in equity. 8. By an assignment of a right all the accessories which belong to it. ASSIGNEE. to show wherein it was unjust. 529. Rep: 391. 2. over to another. to " assign errors. Vide Affirmation. and invokes him as the avenger of falsehood and perfidy. 182. Real assets. 218. but the assignee takes it subject to all the equity to which it was liable in the hands of the original party. h. In commerce. An assignee in fact is one to whom an assignment has been made in fact by the party having the right. Personal assets. 117. In a more technical sense it Is usually applied to the transfer of a term for years. 360. as. Vide. Vin. It differs from an oath in this. will belong to the assignee. Vide. Index.

contracts. 151. circumstances which distinguish this remedy from others. but who is presumed from his conduct to have assumed to do what is in point of law just and right. 7 T. p. 2. There is. must abide by the consequent. Vide Ham. 6. The final judgment for the plaintiff in an assize of Novel Disseisin. 221. however. See also. He defines the word assises to signify the assemblies of the great. ASSOCIATE. Assizes were of four kinds: Mort d’ancestor Novel Disseisin Darrien Presentment. The word heirs. 84. of an ancient writ. 153−155. is a judgment. died seised of lands.. and it is sufficiently certain.. such as sale. Cas. is explained in Spencer’s Case. 1 Anderson’s Rep. nor of record. 3. award of a writ of inquiry. s. III. 2 Inst. note. it is also a rule that every one is presumed to assent to what is useful to him. as. contracts. practice. Those to whom rights have been transmitted by particular title. ouster of aid. Parties. The act of a number of persons uniting together for some purpose. &c. brother. ASSISES OF JERUSALEM. 40 b. An implied assumpsit is where one has not made any formal promise to do an act or to pay a sum of money to another. 15 John. or award in the nature of a judgment. Plowd. The name of a code of feudal law. It was a kind of jury before which no evidence was adduced. 442. App. 547 20 John. 514. if the recognitors can put the demandant in possession. t. to perform a parol agreement. of damages in trespass. Ab. Co. The name of assize was also given to a remedy for the restitution of a freehold. that he recover per visum recognitorum.. & R. 187. 1 Rawle. See Mort d’ Ancestor. 11 Co. 2d. lib. a stranger abated.. In this action. a contract not under seal. not under seal. and I use it without objection.) But see Fleta. This action . 3 Johns. Litt. 16. nor any condition forbidden by law. an interlocutory judgment. 1 Binn. 11 Co. This reimedy has given way to others less perplexed and more expeditious. This was the name of an ancient court. their verdict being regarded as a statement of facts. p. 3. quod mensuratio fiat. & F. heirs and assigns forever "but they are in such cases inoperative. des Avocats. cap. Metcalf’s Case. 132. gift. 7 Cowen. ASSIGNS. Paities. Orig. Litt. is. Bract. 7. or to pa a sum of money to another. 29 B 19. Scotch law. Rep. It was compiled principally from the laws and customs of France. 351. See Assent ASSUMPSIT. men of the realm. the persons so joined are also called an association. after their death. 49. 14. 674 to 680. a parol or simple contract. 48.. 128. 2 Profession d’Avocat. The use of naming them. in waste. 223. Rep. See Company. 5 Rep. made at a general assembly of lords. to perform an act. Steph. 3d. remedies. An undertaking either express or implied. vol. Neale’s F. Rep. See 17 Serg. i. or. or quod partitio flat. the plaintiff cannot be compelled to be nonsuited. mother. now obsolete. Ad assignor may legally choose his own trustees. 230. a writ of error does not lie. legacy. These words. An express assumpsit is where one undertakes verbally or in writing. 129. it is a rule that he who desires the antecedent. 299. 60. as giving preference when the law forbids it. xi.) calls them the most precious monument of our (French) ancient law. 2 Barton’s Elem. 1 Lilly’s Reg. ASSISORS. 40 a. 2. or by matter of record. comte de Japhe et d’Ascalon. Ab. however. that I should pay a fair price for it. to sit together. 159 b. and Utrum. This term is applied to a judge who is not the president of a court. law. ASSUMPSIT. of which the complainant had been disseised. Co. h. like the judgment of quod computet. Reg. 1. I am presumed to have accepted the terms upon which the person sending it had in contemplation. 10 Wentw. ASSOCIATION. 153 b. 84 b. and also the word forever. 735. which they held in fee . Convey. 11 b. and which to divers intents and purposes. Fournel (Hist. and which. (n. Dyer. 4. 14 Pick. does not include or imply assigns. in account render. by Jean d’Iblin. Eng. This term corresponds nearly to that of jurors. on Plead. upon these and the like judgments. 1st. it is to be presumed that no one desires to enrich himself at the expense of another. par Dupin. 3. 9. for. and Ham. which they knew of their own knowledge. PI. after the conquest of Jerusalem. Litt. They were reduced to form about the year 1290. A form of action which may be defined to be an action for the recovery of damages for the non−performance of. as associate judge. t. 2 Pick. R.whatever which will deprive them of any right. if I receive a loaf of bread or a newspaper daily sent to my house without orders. ASSIZE. it derived its name from assideo. 316. 234. in this class of actions. 3. _6. It might have been sued out by one whose father. 344 a: 24 Ed. iv. in partition. or cession. 5 Cowen. in other words. are commonly added to the word heirs in deeds conveying a fee simple. Lofft. and tonements. 123. h. transfer. ASSIZE OF MORT D’ ANCESTOR. Bac. The name. Bac.

Ersk. 2 Chit. Pi. Petersd. t. R. R. & M. But it will not lie on a judgment obtained in a sister state. 8 S. is cured by verdict. 508. and in some cases. 397. t. 7 Johns. Judgment. R. specially. 444. Assumpsit lies to recover the purchase money for land sold. h. 1 N. R. 4 Binn. 180 10 Mass. in an action of assumpsit. Cons. 14 Johns. nor the same plea in bar. 95. . in an enlarged sense. 1 Chit. 4. or underwriter. 848. 9 Conn. though the crime itself should be extinguished by pardon. 98. for the payment of money. F 5 Mass. The plea of not guilty. Eunom. h. 2 Rep. 342.) under which the defendant may give in evidence most matters of defence. but in this country it lies against a corporation aggregate. 5 Monr. in Assumpsit the various Digests.) ASSURANCE. 1 Hall. 1. 231. 543 3 Watts. Bac. 286. Ab. 1 Bibb. 285. S. (q. 12 Pick. 14 Johns. 3 S. In England it does not lie against a corporation. Bac. H. Bl. 4 Call. Insurance. Const. It will lie for a corporation. 162. 1 N. Rep. must be rendered at the request. 167. 2 Chit. 3 T. for. and services rendered 1 Gill. 384. − 3. 361 19 Johns. h. Marsh. 16 12 Johns. 2. Marsh. 11 East. the judgment. See Mass. 1 Aik. 362. See Covenant. Covenant. 2 Rawle. Index. 2 Lev. 98. 421. 114. 788 but such work. A. 11 S. 7 Cranch. − 2. 3 Caines. 20 John. H. Ct. though brought for the recovery of damages. 120 4 Call. 623. 452. 552. 221. 3 N. 116. 838 3 M’Cord. or services. 124. labor. For example. Scotch law. 120. Damages should be laid in a sufficient amount to cover the real amount of the claim. The declaration must invariably disclose the consideration of the contract. H. 429. Vide Judgment in Assumpsit.. 5 Pick. the plea. 132. 431. to the contract upon which this action may be sustained. 94. 273.) Vide Insurer. to recover. 2 Wash. of the defendant. 602. h. R. But see 3 Marsh. 2 Leigh. 461. The same as underwriter. 541. that is for the recovery of a debt eo nomine. Viner’s Ab. − 1. But the term assurances includes. 80. 152. R. L. 225. Rep. allege any consideration. and it lies. which. it is not requisite to.differs from the action of debt. Dane’s Ab. or for the performance or omission of any other act. Vide Bac. 441. 5 Munf. the plaintiff may waive the tort. 14 Mass. or had and received. 109 1 Chipm. such are fines and recoveries. 5 Johns. 181. Action upon the Case upon Assumpsit. 339. ASSYTHMENT. 451.. 250 9 Ala. B. − 4. 20 Johns. Assumpsit. 23. 6 Mass. & R. It is the proper remedy for work and. ASSURANCE. 187 2 N. This is called a common assurance. s. 541.. 1 M’Cord. 6. 3 Dall. Vide Insured. v. 95. PI. t. in consequence of some tortious act to the plaintiff’s property. against losses or perils mentioned in the policy of insurance. h. money lent. 289.. Ct. Padum Constitutiae pecuniae. Dial. Ab. for a breach of promise of marriage. The usual plea is non−assumpsit. can only be supported upon a contract under seal. all instruments which dispose of property. & R. 519 6 Conn. t. h. ASSURED. and it must be averred. 162. Debt. h. 430. 12 Pick. 28 11 Mass. 1 Chit. 252. 13. for goods sold and delivered. & R. 1. 4 Johns. 2 Bibb. t. 456. 117 4 S. Inst. 6 J. unless by express authority of some legislative act. 13 Mass. PI. 2. 151. Dig. 321. R. conveyancing. 1 Mis. where money has been received by the defendant. and on a note expressed to have been given for value received. 1 h. 1 Camp. Rep. in legal consideration. 3 Mass. 554. 3 Dana. 5. Assumpsit lies to recover damages for the breach of all parol or simple contracts. Rep. 14 Johns. and sue the defendant in assumpsit. See 4 Pick. 286. Pleader. 3. One who insures another against certain perils and dangers. Scot. 397 2 Gilman. upon foreign judgments. on an express or implied promise. See 1 Marsh. severally. P. 27. 2 Rep. and in numero. but in a declaration on a negotiable instrument under the statute of Anne. com. to the use of the plaintiff. R. express or implied. 2 Bay.. 97. 4. It will be proper to consider this subject with reference. Indebitatus assumpsit. 3 East. (q. law. Com. R. 233 2 P. R. An indemnification which a criminal is bound to make to the party injured or his executors. paid. 176. Com. 496. Lawes PI. t. 4 Munf. whether they be the grants of private persons. upon wagers. the declaration 3. PI. 513 1 Murph. 8 S. 289 Hardin. & M. 2. or not. 210. 371. 151. 2 Greenl. 17 Mass. and may be upon a deed as well as upon any other contract. labor done. 5 S. it is not necessary to aver a special consideration. 201. 3 Fairf. N. 118. 4. 466. t. 198. 1 J. H. If differs from covenant. Ab. ASSURER. v. 254 Bouv. 277. and private acts of the legislature. When there are several defendants they cannot plead the general issue severally. 297 9 Pet. The gist of this action is the promise. 176. Dougl. and the breach of it. 2 N. the contract itself. J. 5. 8 Mass. 73 2 Overton. 1 Breese. 280. 4 Pick. 6 Cowen. (q. 497. 2 G 1. h. feigned issues. Minor. 374. t. A person who has been insured by some insurance company. Index. 1 3 Yeates. Actions. in the same manner as against an individual. 3. 1. & R. v. Assumpsit is the proper remedy upon an account stated. J. 22. whether written or not written express or implied. Dig. 37. & R. Pr. R. 493.

1.. 4 W. These never protected criminals in the United States. l. and satisfy the judgment. 1. that it was so far criminal. law. t. An attache is a public minister within the meaning of the Act of April 30. 37. Cowper. Bac. 240 Vide 2 W. Ev. Grab. Co. See 5 Halst. ATTACHMENT. 1 Story’s L. but be who attaches. ATAVUS. 2. attached to. 1 Dall. 1 Atk. in others it is issued in the first instance. in Europe. belonging to the defendant. This writ always issues before judgment. 1 W. R. and is intended to compel an appearance in this respect it differs from an execution. ATTACHE’. not specifying in the body of it the name of the garnishee. against what property 3. mode of proceeding. Kitch. C. Bac. that he who arrests a man. It may be awarded by the court upon a bare suggestion. 6 b. 1 T. R. 321. c. or right." 1 Bald. 2 Hale’s P. Willes. h. 1 Phil. but it may be such on which an action of assumpsit would lie but an attachment will not lie for a demand which arises ex delicto. 129. R. 4. At one time. that it could not be granted in England on the affirmation of a Quaker. Connected with. n. Tidd’s Pr. lib. Litt. takes him to a person of higher power to be disposed of. N. h. 555. 46. C. C. Gilb. 2. practice. 1790. 2. keeps the party attached. in. it was decided. To an attachment for contempt for the non−take or apprehend by virtue of the order of a writ or precept. t. See also.. 531. 2. Stra. and brings him into court oh the day assigned. ATTACHMENT. C. to satisfy the demand which the plaintiff has against him. was so called among the Romans. and to bring the offender before the court. This word is used to signify those persons who are attached to a foreign legation. A writ requiring a sheriff to apprehend a particular person. 3. or the property to be attached. note (b).) would not afford protection temporarily. in whatever hands the same may be found. A. Minister. U. One who denies the existence of God. 89. P. ATHEIST. 441. 451 Hawk. A writ issued by a court of competent jurisdiction. Inst. be technically a debt. Fleta. 205. 63. although his property may even eventually be made liable to the amount of the plaintiff Is claim. one will be afforded in equity. in the nature of a civil execution. Willes. and the domestic attachment. The writ of attachment may be issued against the real and personal estate of any person not residing within the commonwealth. on Att. and it was therefore held it could not be executed on Sunday. they are excluded from being witnesses. The male ascendant in the fifth degree. Pr. AT LAW. note. 2. and for disturbing them in their lawful proceedings. Bull. the foreign attachment. law. 279. by whom it be issued. 2411. or when special bail would not be regularly required. Ab. and in tables of genealogy the term is still employed. lib. 121. S. 3 Inst. it is distinguished from a proceeding in equity. 2. c. v. 4 Dall. yet. crim. a contempt of court. 394. so that the property attached may respond to the exigency of the writ. 165. 199. however. 24. h. one case. when the debtor is out of the jurisdiction of the state. Vide Ambassador. the claim of the plaintiff need not. 40. t. or those who conceal themselves. C. C. See 3 Bouv. The object of this process is in the first instance to compel an appearance by the debtor. The foreign attachment is a mode of proceeding by a creditor against the property of his debtor. s. It may be questioned whether the house of an ambassador (q. It will be proper to consider. 2. The plaintiff must be a creditor of the defendant. Ev. There are two kinds of attachment in Pennsylvania. 2 Inst. 17 S. credit. In some of the states this process can be issued only against absconding debtors. An attachment may be issued against officers of the court for disobedience or contempt of their rules and orders. Index. This phrase is used to point out that a thing is to be done according to the course of the common law. R. B. churches and other consecrated places served as asylums. 292. who has been guilty of. according to the exigency of his writ. but commanding the officer to attach the defendant. which protects from violence "the person of an ambassador or other public minister. TO ATTACH. of refuge where debtors and criminals fled for safety. Ab. and sentenced to imprisonment. 232. by all and singular his goods and . of the issuing thereof. practice. 279. to the disgrace of the law. 19. 266. for disobedience of their process. remedies.ASYLUM. Serg. crim. Envoy. 2. Consul. 117. 148. R. In many cases when there is no remedy at law. R. or on their own knowledge without indictment or information. to a person who should take refuge there. s. & R. 51. commonly called an attachment. though generally an oath stating what contempt has been committed is required. and not being within the county in which such writ may issue. at the time. And proceedings may be had against persons convicted of crime. It differs from an arrest in this. C. The writ of attachment is in general terms. As atheists have not any religion that can bind their consciences to speak the truth. commanding the sheriff or other proper officer to seize any property. Bract. and is not an inhabitant of the same. 1 Cowen. 3. A place. 606. 292. 5.

Dig. c. Vide Serg. 265. art. 3. 211. stained. _8. When such debtor is about permanently leaving the state. 3. Dig. or blackened. Lit. When he conceals himself to avoid being cited or forced to answer to the suit intended to be brought against him. Story on Bailm. it is provided that no bill of attainder or ex post facto law shall be passed. The property attached is vested in trustees to be appointed by the court. his departure. credit or right. and is pronounced guilty by the verdict of the jury. 4. 10 Mass. and who has the privilege to answer there. _124. personal property and real estate may be attached upon mesne process to respond the exigency of the writ. See Metc. or shall have remained absent from the commonwealth. 3 Bl. with a design. A creditor may obtain such attachment of the property of his debtor. 104. to have them forthcoming on demand. 134. 22. 5. Bract. the stain or corruption of blood which arises from being condemned for any crime. 5. Fleta. Eng. an attachment in the hands of third person is declared to be a mandate which a creditor obtains from a competent officer.chattels. 232. by Lofft. It is issued on an oath or affirmation. Attinctura. to distribute the assets attached among the creditors under certain regulations prescribed by the act of assembly. 240. is a bill brought into parliament for attainting persons condemned for high treason. An attempt to commit a crime. previously made by a creditor of such person. 389. in whatever hands they may be found. if such debtor shall have absconded from the place of his usual abode within the same. lib. in the ordinary course of judicial proceedings. is when the party flies. R. ATTAINT. 2. of the truth of his debt. 9 Mass. 1 Pick. lib. to some person. to satisfy the demand which he intends to bring against him. in either case. R. 4. upon affidavit of his debt as aforesaid. or shall have confined himself to his own house. &c. so that he be and appear before the court at a certain time to answer. and of the facts upon which the attachment may be founded. Articles 239. see 2 Mass. Absent and Absconding Debtors. 112 11 Mass. c. 4. or when such debtor has already left the state never again to return. attainted. and as to the rights and duties of the bailee. both under a foreign and domestic attachment. Co. sect. who is usually a friend of the debtor. law. Attainder by verdict. By the code of practice of Louisiana. When such debtor resides out of the state. Com. without there being a possibility. may reside. ATTACHMENT OF PRIVILEGE. Atinctus. of obtaining or executing judgment against him previous to. As to the rights and duties of the officer or bailor in such cases. and is subsequently outlawed. English law. 1. is when the prisoner at the bar pleads not guilty to the indictment. of a former verdict. 2. or in−time to respond the judgment. or concealed himself elsewhere. Ev. may suggest his name upon the record. Perishable goods way be sold under an order of the court. 1. and satisfy the judgment. tr. A writ which lies to inquire whether a jury of twelve men gave a false verdict. who is conmmonly called the receiptor. 391. belonging to his debtor. carried beyond mere . the offender was obliged to abjure the realm. 125 15 Mass. In such cases it is the common practice for the officer to bail the goods attached. if the person suing the same shall refuse or neglect to proceed thereon. It was a trial by jury of twenty−four men empanelled to try the goodness. commanding the seizure of any property. − 2. calls another to litigate in that court to which he himself belongs. after giving six months public notice of their appointment. Attainder by process or outlawry. 3 Gilb. & Perk. 1. or by some one on his bebalf. 2. tit. By the local laws of some of the New England states. who are. 1146. ATTEMPT. 9. and particularly of the states of Massachusetts. and not putting one’s self on one’s trial by a jury. 6. The foreign attachment is issued solely for the benefit of the plaintiff. Any other creditor of such person. 6 Johns. 310. New Hampshire and Maine. 2. when in ancient times. to defraud his creditors. ATTAINDER. 5. and thereupon such creditor may proceed to prosecute his said writ. when the execution thereon shall be issued. being an inhabitant of the commonwealth. criminal law. in whose hands or possession soever the same may be found in his bailiwick. 351. or before the coroner in sanctuary. 1. title Attachment. in the following cases. is an endeavor to accomplish it. Attainder by confession. See Assize. 514. English criminal law. _3. on Attachments Whart. By the constitution of the United States. is either by pleading guilty at the bar before the judges. or if he fail to establish his right to prosecute the same. A process by which a man by virtue of his privilege. upon an express or implied agreement on his part. as a creditor of the defendant. Bill of attainder. 195 9 Mass. The domestic attachment is issued by the court of common pleas of the county in which any debtor.

" That of deeds is generally in these words " Sealed and delivered in the presence of us. 279. 4 Yeates. 17 Pick. This word is not used. 2 Dall. 1 Esp. 91. Dig. When there is an attestation clause to a will. 1 Russ. is that the will is in an unfinished state. 236 2 Str.− 1. 6 Serg. and the manner of the execution of the same. 367 1 Bro. Law. & Rawle. 4. E 1 and in the case of deeds or other writings. Rep. in the presence of us. 46. 8. he had repented of his intention there would have been no attempt to commit a crime. and places it on a table where he may take it. or disposes of his property or rights. & B. 6 C. h. When the witness attests an instrument which conveys away. therefore. 85. Starkie’s Ev. 441. 3126. is in the following formula. is anything whatsoever in the suit by the judge a quo. will or will not be guilty of an attempt to poison. 698 6. tit. 174. how it is to be made 2. 1. but falling short of execution of the ultimate design. but in such case he must have been aware of its contents. 79.. 371. 13. namely: 1. 1 Phil. 7 T. But to this rule there are various exceptions. & S. R. 60. Testmoigne. & Rawle. 360. the distinction is in many cases. on Cr. Civ. part 2. R. But the inability to procure the witness must be absolute. R. 119 Bouv. 310. and those to be found in the books. 3 Marsh. 44. See Delay. Park on Dower. 494. 214. See. 1 Addams. awakened to a just consideration of the enormity of the crime. Dig. Eq. ATTERMINING. is itself a misdemeanor. contracts and evidence. ATTENDANT. Raym. C. n. 4. or refuses to testify 4 M. 3. Ca. 7. 5 Com. or becomes insane. 353. 58. Andr. 419 to 421. Ayl. 251. in the presence of the said testator. it would seem that. t. that an attested instrument must be proved by the attesting witness. 5 Cranch. 734. in general. and of each other. 1 Bos. who have hereunto subscribed our names as the witnesses thereto. Proof of the attestation is evidence of the sealing and delivery. 100. Com. The act of witnessing an instrument of writing. 2. this would amount only to preparations and certainly if before he placed it on the table. See. 368. 6. 6 Serg. 3. and. 2. 22. & S. and an attempt to commit a misdemeanor. − 4. 1 Ld. 1096. 5 T. 2 Esp. Const. If he reside out of the jurisdiction of the court. at the request of the party executing the same. although he afterwards subscribes it as such. 2. 60. destroy it. So. the presumption. and subscribing it as a witness. See 4 Halst.preparation. or is dead. 96. as to the form of attestation. Termes de la Ley. It will be proper to consider. 2 South. 2 Eccl. 1 Rep. Ev. 3 P. c. for if immediately on putting it down. 312 1 Ves. 9. tit. agreeably to the direction of the statute. The attestation should be made in the case of wills. & Pull. in any part of it. and it must be removed by some extrinsic circumstances. 3. is not therefore an attesting witness. 69. and this must be proved. 322. 5. though slight. Par. 283. but is not desired by the parties to attest it. A man who buys poison for the purpose of committing a murder. 26. pending an appeal. Inst. its effects upon the witness. or blind. when be is unable to attend from sickness only. As to attendant terms. 10 Ves. 4. to wit: "Signed. In the language of the civil and canon laws. 12. R. Com. Between preparations and attempts to commit a crime. Rep. ATTESTATION. 4 Taunt. 454 1 Ves. From these numerous cases. R. 449. 3 Benth. Jr. or has an interest. − 3. or has married the party who offers the instrument. The usual attestation clause to a will. 5. 332. at the request of the party making the same. Co. 254 2 Ves. An attempt to commit a crime is a misdemeanor. Ev. very indeterminate. The general rule is. Estates. − 2. This . 289. A person who sees an instrument executed. as and for his last will and testament. Evidence. whenever from any cause the attesting witness cannot be had secondary evidence may be given. 3 Camp. 250." 2. 2 Eccl. 353 7 Taunt. ATTESTATION CLAUSE. 310. and mixes it in the food intended for his victim. C. 146. Ev. he should take it up. 3 Rawle’s Rep. wills and contracts. Gresl. Str. 373. see Powell on Morts. Addenda. or becomes infamous. 2 East. sealed. R. 3 Bibb. or before he mixed the poison with the food. 2 East. 266. 311. from the simple circumstance of his taking back the poisoned food before or after the victim has had an opportunity to take it. and. R. 1 7. That clause wherein the witnesses certify that the instrument has been executed before them. Dig. The granting a time or term for the payment of a debt. 362. Attendant term.. 286. Wms. & P. 3 Camp. Index. 12 Wheat. its effect upon the parties. 3 Pick. 8. his evidence cannot be dispensed with. One who owes a duty or service to another. R. published and declared by the above named A B. 22 Pick. he is estopped from denying the effects of such instrument. the law gives this as a locus penitentiae. ATTENTAT. 4 M. or in some sort depends upon him. n. 833. 232. unsubscribed by witnesses. R. or where the witness swears he did not see the writing executed. bow it is proved.

3 Penna. 486. 2. R. Attorney. See Client Confidential Communication. ATTESTING WITNESS. to refer a cause 1 Dall. t. v. 93 2 Loisel Coutumes. Client. 374. One who acts for another by virtue of an appointment by the latter. 2 S. to ’render an account to his principal of the acts which be has performed for him.) 5. and in the end. Com. or a special letter of attorney. S. R. 101. and of their duties. 3. within the scope of his employment. and be sworn or affirmed to a faithful execution of his office. 1 Penna. Ab. without special authority. 1 Bin. he may be punished by an attachment. The attorney is bound to act with due diligence after having accepted the employment. 2 Wils. Counsellor at law. 307. P. 4. 1 Salk. 2 Bin. advocates are divided into counsellors at law. p. des Avocats. 325. In some courts. and a case turning upon the party’s right to appear by attorney. 17 Edw. Respectable witness. 12. of equity and proctors. A. in the same controversy. 92. and this is but just and reasonable. 1 Binn. in courts. 254. and Britton. v. 14. 42. may act as attorneys of others.. D. is to be collected only from the single vord " witnesses. 146. 452. 264. Cas. and in the English ecclesiastical courts. It results from the nature of their functions. See as to their powers. 464. skill and integrity. Hist. Farresly. ATTORNEY. 7 Cranch. 161. 469−70 to waive a judgment by default. is an officer appointed by the president. solicitors. The object of his appointment is the transaction of some business of the constituent by the attorney. His duties are to prosecute and conduct all suits in the supreme court. R. that no one can. 241. 407. the agreement of an attorney at law. & R. 3. _25. Disinterested witness. Bac. & A. & R. 11. III. The principal duties of an attorney are. and for the purpose of identification. or special act to be performed. Cas. See 3 Phillim. 1 Esp. He should be learned in the law. 16 S. Ab. is reported. (q.) and attorneys. Eccl. Bl. 668. 21 11 Johns. Rep. 1 Fournel. 13. To manage the business of his client with care. where the writer’s iutention to have it regularly attested. In general. Attorney in fact. 14 S. This term is employed to designate persons who act under a special agency. 2 Supp. if they have sufficient understanding. 23 2 Saund. 74. Ag. Cas. 7. Authority. for the deed. even by consent. 1 H. as in the supreme court of the United States. Co. b. 4. not to sue out a writ of error. 307. case 23. h. Vide Agency. _145. as infants of a proper age and femes coverts. R. The form of his appointment is by letter of attorney. a. (q. an action will in general lie. is by him lawfully delegated. 2 Greenl. 21. 3 Taunt. 232. Story. To be true to the court and to his client. 194. Subscribing witness. 8. but in a more extended sense it includes all other agents employed in any business. signs his name to it to prove it. 214. Bac. N. 142. For a violation of his duties. 3 Chit. as well to the court as to the client. and even those who are disqualified from acting in their own capacity. and Principal. 202. who is called the constituent. 2. and. A person to whom the authority of another. They cannot. 3 Wils. 1 Bing. Attorneys are of various kinds. a. 1. 26. who is employed by a party in a cause to manage the same for him. 8. 5 Watts. and Witness. The witness must be desired by the parties to attest it. An officer in a court of justice. 323. he will not be an attesting witness. Litt. Pr. in courts of admiralty. 164. to be justly compensated for his services. 9. 1 Arcb. They are mentioned in Glanville. for example. B. 388 to strike off a non pros. 3 Bin. All persons who are capable of acting for themselves. or to do any act or acts in pais for another. 2 Esp. 347. 43. 2061 1 B. Ev. 86 as to amend the record. 47. binds his client. 7 Cranch. One who. Vide 1 Keen’s R. 1290. 3 Campb. In France such appearances were first allowed by letters patent of Philip le Bel. The name of attorney is given to those officers who practice in courts of common law. in some cases. 10. 52. Jr. upon being required by the parties to an instrument.. The business of attorneys is to carry on the practical and formal parts of the suit. 2. But the act must be within the scope of −their authority. be the attorney of both the litigating parties." Id. Bracton. 6.’presumption is infinitely slighter. 204. purchase lands for the client at sheriff’s sale. 368. 71. to Ves. Witness instrumentary. from the time of the earliest records of the courts of that country. 4 Burr. 1 Kent. Appearance by an attorney has been allowed in England. To keep his secrets confided to him as such. C. R. Attorney at law. 23. 436. To keep his client informed as to the state of his business. 511 2 Stark. See Competent witness. His rights are. Bl. Attorney−general of the United States. Fleta. so that they are appointed in factum. 15. although he may have seen the parties execute it. for unless this be done. 75. 1 Eng. Credible witness. 1 Term Rep. & R. in which the United States shall be . Agent. 338. 399. 6 Binn.

2 Taunt. 4. French law. be has an interest in the goods sold coupled with the possession. h. & B. 3 Burr. L. 2 Kent. Auctions are generally held by express authority. 29. 4. Dig. Sale. 4. 103 4 Taunt.. 194. And after a minister has been recalled. 350. 234. IV... R. 253. A person authorized by law to sell the goods of others at public sale. and the article Conditions Sale. 6 East. R. but whenever anyone bid she gave him a glass of brandy. 6 John. 1 H. Attornments are rendered unnecessary. to give such minister an audience. A public sale of property to the highest bidder. R. M’Clel. 395. AUBAINE. 479. or the agreement of the donee in tail.. The manner of conducting an auction is imaterial. 2 Stark. h. 25. Vide Puffer. Com. n.. 4. 115. 57. h. 6 T. R. Ag. R. 209 4 Greenl. was made by a crier under a spear (sub hasta) stuck in the ground. & Walk. C. 642. In a case where a woman continued silent during the whole time of the sale. 1 Hill. 389. 236. 1819. 209. AU BESOIN. 6 T. n. 443. Bl. R. His rights are. and a person who acted as crier stood by the spear the catalogue of the goods to be sold was made in tables called auctionariae. Contr. and he is allowed one clerk. Ab. and public. the person who received the last glass of brandy was taken into a private room. 976. 335 Cowp. 1830. U. n. 1 H. 330. 2. Sale. Harr. commerce. S. t. 3 V. 265. 3. Inst. R. 7 Taunt. R. 2 Taunt. R. 392. to charge a commission for his services. 1 Malleville’s Analyse de la Discussion du Code Civil. Peake’s Rep. his salary is increased five hundred dollars per annum. By the act of May 9. Act 20th Feb. 4 Kent. 340. Com. R. h. and to−save expenses. 81. 38. 4. 295. R. Saund. This barbarous law was swept away by the French revolution of 1789. The essential part is the selection of a purchaser from a number of bidders. Bl. whether it be by public outcry or by any other manner. when required by the president. 9. Roll. R. S. Index. 13 Price. he is answerable to the purchaser when he does not disclose the name of the principal. It is usual for the executive of a country to whom a minister has been sent. the crown by virtue of a right called droit d’aubaine. or years. 3. sales were made by fixing a spear in the forum. touching matters that may Concern their departments. Jac. 14. having the same authority with the court of arches. 210. used in commercial law. t. 659. in other words. 194. 6. law. 309. 395. 333. 28 1 Toullier. 1789. " In case of need. and he was declared to be the purchaser. and the person who con− ducts them is licensed to do so under various regulations. Cowp. _10. contract. R. R. 1921. 8 John. Story on Ag. 1. 81. formerly claimed all the personal property such foreigner had in France at the time of his death. or when requested by the heads of any of the departments. Vide Harr. 395. and when a puffer is employed to raise the property offered for sale on bona fide bidders. t. t. 444. A hearing. 1 Dow. n. Touchs. he puts in the corner of the bill. he is responsible for the duties due to the government. 2.concerned. apply to Messrs. He is liable. estates. AUCTOR. n. The law requires fairness in auction sales. 208. be may be sued when he sells the goods of a third person. 209. Among the Romans this kind of sale. for the value of the goods. 2. at __________ " ___________. and if he gives credit without authority. & J. 1 Vern. Vide Albinatus Jus. Bouv. 1133 Pardess Droit Com. 5 Barn. 1. 128. 7 East. Inst. whose compensation shall not exceed one thousand dollars per annum. 3. Ab. Com. 2 Chit. or tenant for life. 2208. 120. Was the agreement of the tenant to the grant of the seignory.. A court belonging to the archbishop of Canterbury. the contract may in general be avoided. R. R. Dig. or a combination is entered into between two or more persons not to overbid each other. He is the agent of both parties. 1720. R. 642. or of a rent. AUCTIONEER. 3 Story’s Laws. Com. 472. When a foreigner died in France. after notice not to sell them. Vide 3 Vin. When the drawer of a foreign bill of exchange wishes as a matter of precaution. 38. R. 2. 1. Chit. commerce. Ab. and 6 John. Cas. 5 B. au audience of leave usually takes place. R. AUCTION. 423. R. by virtue of sundry statutes. L. cont. ATTORNMENT. 5 Esp. 4 B. Nelson’s Ab. Among the Romans the seller was called auctor. 4. . & Adolpb. " Au besoin chez Messieurs or. This is a French phrase. and Act 20th April. 257. eccl. _27 2 Liv. 4 Inst. 3 Story’s Laws. 26. 1 Y. 3. 4 Sharsw. 4 John. Ch. pp. contracts. His salary is three thousand five hundred dollars per annum. and give his advice upon questions of law. AUDIENCE COURT. Eng. Act of 24th Sept. he may sue the buyer for the purchase−money. he has a lien for his commissions. Dig. to the owner for a faithful discharge of his duties in the sale. 317. 337. 1 Esp. Inst. R. 208. and when the sale broke up. 1693. and they are abolished in the United States. 558.. R. 253. to a grant of a reversion or of a remainder made to another. & A. Litt. IV. Co. s. 76. 1 Bouv. R. 1. even in England. the seller and the buyer. of Story. 1818. Cowp." 1 Bouv. & Ald. this was adjudged to be an auction. 13 Ves. 3 Chit. AUDIENCE. 3 John.

A writ applicable to the case of a defendant against whom a judgment has been recovered. 6 Cranch. 1722. in which the equitable rights of the parties will be considered. 5 Rawle. 145. but this will be presumed. 148. and not upon any matter which might have been pleaded as a defence to the action. 491. AUDITORS. 270. AUGMENTATION. F. but will become so. 433. _4. Pr. 98. generally. 514. the summary remedy. R. It is evident that a plaintiff cannot have two actions at the same time. 396. she is a relation in the third degree. C. t. 2 or. An audita querela is a regular suit. 5 Rand. 439 1 Aik. 1 Overt. 1819. Vide Curia Regis. April 3. 11 S. It will therefore. Ab. h. take issue. together with their opinion. 484. after a judgment quod computet. and this plea is filed. to the. they are to report them to the court. 4. against the same defendant. it may be set aside or corrected. 323. Brayt.. and the Act of February 24. and when a second action is so commenced. 4 Cranch. &c. or error.) grounded on some matter of discharge which happened after the judgment. AUDITOR. This word is frequently used in composition. . a. & R. 10 Mass. though relief is more generally obtained on motion. 433. 12 Mass. and prepare materials on which a decree or judgment may be made. 1817. or rather a commission. The sister of one’s father or mother. It seems. and South Carolina. In the second case. and this ought to be done before the plaintiff replies nul tiel record. the first action must be discontinued. 107. and is not. R. which was invested with the power of determining suits and controversies relating to monasteries and abbey lands. 2 Root. 17 Mass. 227 1 Root. Cas. and not upon the erroneous judgments or acts of the court. 269. Persons lawfully appointed to examine and digest accounts referred to them. directed to certain persons for the trial and punishment of such persons as have been concerned in a riotous assembly. 2 Sell.. A writ. 3 Story’s Laws U. AUDITA QUERELA. 2 Hill. 260. oyer and terminer. & R. corruption. 3. by motion. which bears solely on the wrongful acts of the opposite party. Ab. Another. The auditors ought to be sworn. 178. Their report is not. The auditors are required to state a special account. auter action. In the first case. 274. n. 298. The name of an English court. English crim. 1. 317. 2. either with or without exceptions to it being filed. 8 Verm. 5 Binn. and the whole is to be brought down to the time when they make an end of their account. It may be set aside. 1 Aik. it is usual to grant the same relief. 2 Saund. for the same cause. practice. when the former will be decided by a jury. 1 Aik. which may or may not be granted. 2. 308. 412. domestic relations. & R. 14 Mass. which might be obtained by audita querela: 4 John. 145. 1630. When the facts or matters of law are disputed before them. An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority. us auter droit. 28. 10 Mass. h. A plea that another action is pending for the same cause. (and who is therefore in danger of execution or perhaps actually in execution. Grah. 227. in the discretion of the court. 3. And auditors are to make proper charges and credits without regard to time. Walker. law. Brayt. 10 Pick. 363. in which the parties may plead. &c. unless excepted to. which may be lawfully offered in relation to such accounts. 1 Aik. 159. The name of a court erected by Henry VIII. Pet. 387. AUNT. 103. Vide. old English law. U. 2 John. of itself. 13 Mass. 227. and the costs paid. See Lis . In Pennsylvania this writ. S. binding and conclusive. take down the evidence in writing. Inst. according to circumstances. 124.AUDIENDO ET TERMINANDO. 3 Story’s L. Bac. 9 John. insurrection or other heinous misdemeanor. 221 Bouv. when errors are apparent on its face. 8. 453. Auditors are also persons appointed to examine the accounts subsisting between the parties in an action of account render. where the cause of complaint is a proper subject for a writ of error. S. 3 Conn. 448 2 John. Accompt. 5. AUTER. may still be maintained. 12 Mass. c. Vide 2 Com. 5 Cranch. Index. 313. 1086. 2 S. 3. 1 Verm. Pr. and the latter by the court. 6 Cranch. 2 Cranch. 151. But the writ must be allowed in open court. 126. 2. In modern practice. 191 11 S. 639. 243. a supersedeas. on motion. it may be set aside for any fraud. or the verdict. per se. Dig. and to report the whole. so called because it was held in the great hall of the king’s palace. 274 and in Virginia. 4 Yeates. t. and the result sent to the auditors for their guidance. auter vie. has superseded this ancient remedy. 27. 6 Verm. It is a remedial process. See Acts of Congress. AUTRE ACTION PENDANT. Bac. 8. 252. 101. 425 2 John. 17 John. 4. AULA REGIS. 474 Dane’s Ab. An audita querela is in the nature of an equitable suit. 2 Burr. C. Cas. court in which such accounts originated. 66 1 Chipm. gross misconduct.

Bail in civil cases. art. 73. in the courts of the state from whence the said records are. 4. 4 Yeates. together with a certificate of the judge. at the suit of a common informer. 174. as. 3 Dana. S. or of three witnesses. Rep. this is the case with executors and administrators. governor. B 3. heirs or assigns. or if the said certificate be given by the. 495. Rep. 395. 4." 4. 3 Rawle. of which the court will judge. Code. as. 3 Watts & S. 52. 206. 1 Chit. practice. By this act it is enacted. art. and the seal of the court annexed. 3 Scamm. 1790. The laws of the United States have provided a mode of authentication of public records and office papers. or which is testified by a public seal. Ab. 151. another’s right. 5. Grah. 98. By the Act of May 26. 179. the plaintiff cannot. 545. a defendant may be arrested a second time−. it is provided. PI. from and after the passage of this act. Vide Bac. unless it be declared and proved to be a forgery. s. 124. AUTER DROIT. c. 1 Ashm. shall have such faith and credit given to them. in order to take advantage of it under these circumstances. and by the proper officer and the said certificate. may be pleaded in bar. and the effect thereof. Cas. AUTHENTIC. 443. _1. Id. 2 Miles. 9 N. A man may sue Or be sued in another’s right. 4. Tidd. "That the act of the legislatures of the several states shall be authenticated by havig the seal of their respective states affixed thereto: That the records and judicial proceedings of the courts of any state shall be proved or admitted. 21. and the seal of his office thereto annexed. An attestation made by a proper officer. 6. records and proceedings shall be proved. civil law. 4. or more properly. by the attestation of the keeper of the said records or books. The Constitution of the U. Id. The authentic act is full proof of the agreement contained in it. by which he certifies that a record is in due form of law. chief justice or presiding magistrate. by the attestation of the clerk. h. rem to enforce a mechanic’s lien. 201. evidence. Dig. 44.. the . the notary must cause him to affix his mark to the instrument." The object of the authentication is to supply all other proof of the record. " Full faith and credit shall be given in each state to the public acts. 2. 36 7 Verm. Civil Code of Lo. 234. to provide for other cases. 7. 1804. 2233. 397. 2231. art. because the party who first sued is entitled to the penalty. 184. that the said presiding justice is duly commissioned and qualified. 1. or which is certified as being a copy of a public register. Pr. all records and exemplifications of office books. 2. if there be a seal. 5 Mass. if there be a seal.. in general. by law or usage. which are or may be kept in any public office of any state. Autre Droit. 3. & H. in which such office is or may be kept or of the governor. 1 John. the priority of a former suit for the same penalty in the name of a third person. Pr. these acts are here transcribed. 570. it cannot be pleaded in abatement in an action for the labor and materials. shall be proved or admitted in any other court or office in any other state. authenticated as aforesaid. and that the person who certifies it is the officer appointed by law to do so. if the action be for a lien. 99. records and judicial proceedings of every other state. for if it be for a different cause. 2. 2 Browne. And the said records and judicial proceedings. together with a certificate of the presiding justice of the court of the county or district. that the said attestation is in due form. Troub. But the suit must be for the same cause. if the party be blind. 22. H. But under special circumstance’s. as they have. The authentic act is that which has been executed before a notary or other public officer authorized to execute such functions. 1 Mass. as the case may be. In Louisiana. 3. AUTHENTIC ACT. as the case may be. if given by the presiding justice of a court. the secretary of state. See 16 Verm. in any other court within the United States.Pendens. This term signifies an original of which there is no doubt. free. 395 7 Mete. " That. that the said attestation is in due form. If the party does not know how to sign. 157. male. but in a penal action. The above act having provided only for one species of record. against the contracting parties and their. Having once arrested a defendant. Rep. 438. 487. or shall be taken. arrest him again for the same cause of action. 141. 175 4 H. or has been rendered public by the authority of a competent magistrate. t. a proceeding in. declares. H. 1 Marsh. Vide Merl. 142. under his hand and the seal of his office. AUTHENTICATION. who shall certify. the chancellor or the keeper of the great seal of the state. and aged at least fourteen years. & M. In general. contracts. the pending of another action must be pleaded in abatement. 7 Taunt. in every court within the United States. 3. it was necessary to pass the Act of March 27. not appertaining to a court. 2 N. And congress may by general laws prescribe the manner in which such acts. in presence of two witnesses.. 100. the authentic act. as it relates to contracts. is that which has been executed before a notary public or other officer authorized to execute such functions. 320. and Lis Pendens. 1 Richards. shall be further authenticated by the clerk or prothonotary of the said court. the secretary of state. 4. Nov.

338. v. This is the name given to a collection of the Novels of Justinian. indeed. or verbally. this word means. 2. one by deed will be equally so. office books. to any person requiring and paying for the same. and frequently the opinion is advanced with the reasons which support it. But it does not require a written authority to sign an unscaled paper. By authentication is also understood whatever act is done either by the party or some other person with a view of causing an instrument to be known and identified as for example. _50. See 3 T. For many purposes. or procure a policy . it shall be under the great seal of the state in which the said certificate is made. in like manner as copies of the records and other proceedings of the said court are by law directed to be given. we must consider it not merely as the opinion of the author. Bac. The delegation 2. R." 5. 345." 6. 3. 7 T. then the authority must also be by deed. records. cases decided upon solemn argument which are said to ’be authorities for similar judgments iii like cases. the letter of attorney must be by deed. however. & A. R. but as the supposed result of the authorities to which he refers. to render that instrument perfect. 613. and opinions of elementary writers. office books. _49. acts of the legislature. 4. but this is not always the case. The Act of May 8. 209. and verbally or impliedly authorizes the agent to fix his name to the deed. for whenever an authority by parol would be sufficient. Repertoire. 14 S. 195. R. Ag. the principal be present. and which he inserted in the code at such places as they refer. mot Authentique. that when we find an opinion in a text writer upon any particular point. 90. 11. 1. 241. AUTHORITIES. judicial proceedings. (q. Com. as to the public acts. and countries subject to the jurisdiction of the United States. It is called authentic on account of its authority. 2 Bos. 12. Com. R." 7. The effects of the authority. Pal. Law. 68. shall have such faith and credit given to them in every court and office within the United States. Story. Story. practice. 424 9 Wend. The delegation of power by one person to another. 3d edit. on Agen. 2. law. AUTHORITY. 613. usless. 3 Chit. the authority may be by parol. or write a letter. the acknowledgment of a deed by the grantor. 6 S. civ. courts. 6 Mass. the attesting a deed by witnesses. contracts.) Merlin. It may be delegated by deed for any purpose whatever. authenticated as aforesaid. if a regular letter of attorney were required to sign or negotiate a promissory note or bill of exchange. h. 5 Binn. 3 Kent. 4. a supplement. heretofore appointed. Jones. made by an anonymous author. Ag. − 1. 3. The manner it is to be executed. 1 Lilly’s Reg. and decided cases. R. The exigencies of commercial affairs render such an appointment indispensable.chancellor or keeper of the great seal. 1. courts and offices of the several states. and executed with all the forms necessary. & R. 2 Pick. 361. 2 Benth. When the authority is to do something which must be performed through the medium of a deed. judicial proceedings. 449. the former are considered authority. business would be greatly embarrassed. 1 Wend. R. − 2. W. or sell or buy goods. previous to the adoption of the present constitution. on Judgments. & Pull. as well to the public acts. as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken. 331. as. But this distinction appears not to be well founded.. 2. 4 T. 525. In its more confined sense. mot Autorites. There is also another collection which bears the name of authentics.. 3 Bos. either in writing not under seal. if a man be authorized to convey a tract of land. and the works or writings of the latter are much more deserving the character of an authority than those of the former. records. provides: That all the records and proceedings of the court of appeals. and it must stand or fall as these are or are not well founded. Repertoire. which copies shall have like faith and credit as all other proceedings of the said court. Paley on Ag. R. or a contract in writing not under seal. A distinction has been made between writers who have. 268. and the act to which this is. The nature of the authority. The authority may be delegated by deed. 2. And the said records and exemplifications. 4. 93. or by the mere employment of the agent. By this word is understood the citations which are made of laws. These latter are sometimes called precedents. by Lloyd. shall be deposited in the office of the clerk of the supreme court of the United States. AUTHENTICS. − _2. Merlin. 219. That all the provisions of this act. 313. We will consider. & Pull. who is hereby authorized and directed to give copies of all such records and proceedings. It has been remarked. and the latter are not so considered unless their works have been judicially approved as such. R. t. Ram. It is composed of extracts made from the Novels. and offices of the respective territories of the United States. shall apply. 54. on Ev. these extracts have the reputation of not being correct. 12 Wend. and those who have not holden a judicial station. 161. by a lawyer named Irnier. 1792.. s. or by parol. some writers who have occupied a judicial station do not possess the talents or the learning of others who have not been so elevated. Ab.

26 Wend. An authority is to be so construed as to include all necessary or usual means of executing it with effect 2 . Pal. 7 Watt’s R. In considering in what manner the authority is to be executed. 3. 95. 1 Poth. Domat. _69. art. 9 9 Co. tit. 22 Pick. if a female. In what manner. unless the variance be merely circumstantial. 237. Moor. 94. 6 John. 623 Co. An authority given to two cannot be executed by one. 11. 485. 13. 426. 232. 112 b. R. Abr. Ag. a special authority is one confined to "an individual instance. 4 Mass. 142. Bac. 9. 1106. Ab. 461. 3d ed. _146 T 9 Ves. 332. 513. which may be executed by all to whom majority. 2 M. yet the latter will be liable upon the implied authority. 2. 75. liv. 3 Wend. and it must be of a thing lawful. 76. 2 Kent’s Com. 237 9 Mass. 4 Campb. 6. As to the form to be observed in the execution of an authority. By whom the authority must be executed. b. 236. 102. In general. 10. 9 Co. It is a maxim that delegata potestas non potest delegari. & R. the law presumes he authorizes her to buy necessaries for her maintenance. 2. Ag. 506. on Ag. & R. See 15 Serg. Show. Co. b. 5. 597. marries. R." 15 East. so that an agent who has a mere authority must execute it himself. 198. see also 3 Chit. for the confidence being personal. l Hare & Wall.) is either express or implied. when it is express and made known to the person authorized. 97. 5 Bin. _42. 1. 5. A delegated authority can be executed only by the person to whom it is given. 6 T. 301. that is in writing not under seal. 6 Pick. Story. R. Story. R. 84. N. 334. as. 236: 1 Y. R. R. 2 Cowen. 121 6 John. 58. Co. 12 Mass. 425. h. 1 Tho. Kielw. Attorney. N. and not in the attorney’s name. N. Paley on Ag. Sel. 142. Abr. 184. 87. − 4. 565. R. R. They are also divided into limited and unlimited. − 2. Pi. is not. Authorities are divided into general or special. Bl. Litt. 77. 411. 2 Pick. 181 b. 168. 3. R. 1. as if a man have authority to sell my house. R. & S. 484. 94. − 3. an authority is revocable. 7. 94. Str. 466. it is limited. 14. Litt. and not to a power of a public nature. Co. 3. P. 2 Kent. 1. 1 McMullan. and unlimited when be is left to pursue his own discretion. 11 Mass.. 203. R. P. pl. Com. when a man leaves his wife without support. 175. (the principal.) C D. 11 Gill & John. 77 b . or it be coupled with an interest. 99. 15 Pick. 303. 4 Scamm. And an authority given to three jointly and separately. 3. 9 Co. 818. C 8 3 Pick. R. and the servant buy some things without the master’s orders. When the agent is bound by precise instructions. 17.. 335. 9 Watts. R. Co. 38. 181 b. 9 Co. 408. or. _47. usually send his servant to buy goods for him upon credit. 591. A general authority is one which extends to all acts connected with a particular employment. 8 Wheat. v. 453. 15. 3 Watts & Serg. 350. 1 Roll. R. The authority must have been actually given. 299. if it sufficiently appear to be in the name of the principal. 3 Story. Ab. 299.. 1 Cowen. This rule of the common law has been adopted and followed from the civil law. R. may be inferred from the conduct of the principal. Dyer. 6 John. t. 77. it will be necessary to examine. it must in general be strictly pursued. When once the agent has exercised all the authority given to him. But see contra. R. or if a master. 595. 2 M. An authority is either express or implied. or it will be void. 2 East. 9 S.. 195 7 T. Story. 3. Id. 55. R. although no proof exists of its having been actually given. or verbally. sed vide 1 Roll.275. 49 b. well executed by two. and it is destroyed by fire or to buy for me a horse. An implied authority is one which. 7 Ver. & S. which is determined either by revocation. 3. When the authority is particular. for example. & J. 345. − 2. 12. In what time. 5. 185. 387. − 3. Story on P. in general. 272. Dig. 278. Law. __154. Ab. 2 Esp. Litt. or performance of the commission. 196. 16. 330 2 Roll. Com. 631. 307. Cases. These rules apply to on authority of a private nature.for another. 329. the revocation is implied when the principal dies. See Delegation. or the subject of the authority is destroyed. Lit. 328. 390. 181 . & S. and before the execution of the authority. 5. R. Bac. (the attorney. But it matters not in what words this is done. Dig. R. 303. 127. 1 W. 2 East. An express authority may be by deed of by parol. 14. − 1. 1. Story on Ag. 705. 5. Ag. It has been holden that the name of the attorney is not requisite. J 10. Dec. 16 Mass. The execution musr take place during the continuance. 133−. cannot be assigned to a stranger. 2 Inst. 395. or it will not justify the person to whom it is given. R. by Lloyd. The authority given must have been possessed by the person who delegates it. Lit. 2 H. 83. R. 137 to 146. the authority is at an end. 4 Campb.) which has been held to be sufficient. 28. 251 3 Mer. 10 Wend. See 5 Pet. Moor. which must be executed by all to whom it is given. unless it be given as a security. and cannot delegate his authority to a sub−agent. The revocation (q. Pand. 12 Mass. R. _1. or it will be void. 9 John. for A B. 852. the horse dies. 2 Cox. 39. 8. of the authority. Com. it is a general rule that an act done under a power of attorney must be done in the name Of the person who gives a power. the authority is at an end. 9 Ves. 15. R. Leases.

because it falls generally upon the whole or gross amount of the ship. 3. Stark. Cr. generally. Besides these there are other small charges. Law. has authority to enforce obedience to his not being correct. that he has formerly been tried and acquitted of the same offence. 7. 163 Story on Ag. who. Com. R. 2. B. Pur autre vie. he is not personally responsible . 6 Serg. 441. Index. h. digging the ship out of the ice. AUTHORITY. jr. 103. government. Pal. Supp. Repertoire. Litt. and also to distinguish it from what is often though improperly termed particular average. pier money. As a man once tried and acquitted of an offence is not again to be placed in jeopardy for the same cause. 4 and when the agent acts. Stark. 4 Campb. and is usually applied to signify that something was done formerly. J. art. 95 Com. and not a general loss. 1 Roll. light−money. B. was absolutely and indispensably necessary for the preservation of the ship and cargo. 2. 25. indicted for a crime or misdemeaner. towage. to the end that the particular loser may not be a greater sufferer than the owner of the ship and the other owners of goods on board. Such is the power of the emperor of Russia. 2 Hov. or private individuals. Pi. 3. 12 Serg. AVALUM. 5. Attorney.. A French word. least he should be punished twice for the same crime. beaconage. on Ag. so. f. Agent. and by the verdict of a jury on a valid indictment. who makes avail or profits of the land. A plea made by a defendant. 335. Co. any advantage either to public justice. Law. & R. autrefois convict. 251. 363. Com. Arcb. art. indicted for a crime or misdemeanor. Another’s life. freight and goods. pleading. Cr. Formerly attainted. Com’. Dig. Hawk. in which case the punishment will be more severe and more extensive. 389. Marsh. 355. C 15. in proportion to their respective interests. note 2. 336. if he has suffered the penalty due to his offence. 462. To entitle the owner of the goods to an average contribution. 2. it appears that the sacrifice at the time it was made. Law. avowedly as such. 1. 1. Vide. but which in truth means a particular or partial. Merlin. h. 4 Bl. 11 Verm. quarantine. Bac. Aver. 330 2 Roll. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands. the plea will not prevent it. Hawk. R. AUTRE VIE. (q. for example. Ab. Poth. 4 Co. or has no affinity to average properly so called. Agency. 205 a. freight and cargo. Average is called general or gross average. 393. 9 Bouv. &c. and show the identity of the offence and of the person by proper averments. Attorney. Ab. law. Ab. provides that no person shall be subject for the same offence to be put twice in jeopardy of life or limb. B. 5. Art. This is a good plea in bar. his conviction ought to be a bar to a second indictment for the same cause. 36. calls himself the autocrat of all the Russias. 4 Bl. therefore.) it must set out the former record. 4. The Constitution of the U. signals. By this word is understood the written engagement of a third person to guaranty and to become security that a bill of exchange shall be paid when due. & Rawle. 2 Russ. 2 Leon. 90. crim.. Marsh. c. 3 Vin. signifying formerly. 397. P. The form of this plea is like that of autrefois acquit. 4 Bl. on Cr. 390 b. v. Cr. would arise from a second prosecution. as where the criminal is indicted for treason after an attainder of felony. A judge. The name of a government where the monarch is unlimited by law. that he has formerly been tried and convicted of the same. and the titles there referred to. AUTREFOIS CONVICT. river charges. Ham. following the example of his predecessors. R. 394 10 Ves. 2. where a second trial would be quite superfluous. 41. PI. towards any particular loss or expense sustained for the general safety of the ship and cargo. crim. 293 5 Johns. upon as much deliberate on and consultation between the captain and his officers as the occasion will admit of. 1 J. 1 Salk. There must be an acquittal of the offence charged in law and in fact. t. S. 3 Chit. instructions. castle money. anchorage. R. R. A term used in commerce to signify a contribution made by the owners of the ship. Ab. PI. 2 Swift’s Dig.H. 407. 618. on Ag. 1 Chit. 83. 516. 400 1 Chit. 149. a fortiori. AUTREFOIS. YeIv. to Ves. Inst. 58 to 142. h. law. A plea made by a defendant. note. at another time. Bl. as autrefois acquit. To be a bar. Ins. 2. on board. c. AVERAGE. 416. Vide. 1 Roll. See a form of this plea in Arch. and the like. 12. t. Cr. s. Where. Cr. 2 Hale. Code de Com. N. AUTREFOIS ATTAINT. pleading. Palm. Amend. Vide generally. A contribution upon general average can only be claimed in cases where. 394. crim. and the articles. 3. Com. 2. PI. such as pilotage. Cr. 464.. the loss must evidently conduce to the preservation of the ship . hence tenant paravail is one in actual possession. Profits of land. s. Dig. law. 335. AVAIL. 58 1 Liv. c. bridge toll. mot Authentique.. Prel. 452. Principal. AUTOCRACY. called petty or accustomed averages. 390. 92. within his authority. AUTREFOIS ACQUIT. the acquittal must have been by trial.

Park. R. admitting the premises of the opposite party. 9. in a particular averment the party merely protests and avows the truth of the fact or facts averred. pleading. &c. allegation of deceit on the part of the seller is impertinent. Averments must contain not only matter. Abr. 237. 3. Ins. 3 Vin. on Av. Gould on PI. February 22d. AVERIA. General averments are always in the same form. 87. in an action of assumpsit. upon a warranty on the sale of goods. 684. PI. Cunn. eccl. see Barr. if stated. 1 Caines’ R. 20. 274. 1 Saund. by stating the precise term. 3. Dict. 362 b. 11 Johns. s. & Rawle. Comes from the Latin verificare. 573. Ca. Wesk. law. Bac Abr. The name of a peculiar weight. 1 Chit. 5. Arch. in general. 12. 11 and 12. 69. c. though the pound is. 12. 1. AVOIDANCE. tit. 206. in its most enlarged signification is used to include horses of the plough. Dane’s Abr. 187. & R. but this sort of averment only applies to pleas. Reg. at the temperature of fifty−six degrees of Fahrenheit’s thermometer. or subsequent pleadings for counts and a vowries which are in the nature of counts. 3 D. 2 New Rep. but in general averments he makes an offer to prove and make good by evidence what he asserts. Lord Coke says averments are two−fold. ch. Vin. C 50. 81. Pleader. Stev. See the Report of Secretary of State of the United States to the Senate. 209 United States Dig. on Av. that is. Ins. est verificare. Cas. B. n. AVERIIS CAPTIS IN WlTHERNAM. general and particular. make a ton of 2000 pounds avoir du pois. or because. 229 3 Johns. greater. 357 Bac. R . One pound avoir du pois contains 7000 grains Troy. Parl. 352. art. R 315 1 Caines’ R. or being. Co. as the life of tenant or of tenant in tail is averred: and. 263. Pleading II (c). A better division may be made of immaterial or impertinent averments. and an ounce sixteen drachms. pleading. 3 Bouv. PI. Id. 2 Serg. 378 18 Ves. 7 Johns R. says Lord Coke. Again. oxen and cattle. law. 70. & Rawle.. et hoc. 811 1 Rob.. &c. Avoir du pois. Cattle. fourteen ounces. But they need not be in these words. B 4 Com. and need not be proved. pp. Eneye. c. The name of a writ which lies in favor of a man whose cattle have been unlawfully taken by another. eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces. 17 John. 68. and the proof be a lease at will only. or the French averrer. and. 2835−40. it is opposed to plenarty. Dig. art. Abr. or although. 308.and the rest of the cargo. This kind of weight is so named in distinction from the Troy weight. Cowp. 235 a. 82. This word. 2 East. 1 Lilly’s Reg. and driven out of the county where they were taken. but these terms are now treated as synonymous. Show. 2 Binn. 178. 196. the form of such averment being et hoc paratus. replications. in note. n. in these. 4. 547 4 Binn. 459. C 67. _6. namely. and unnecessary averments. 293. for any words which necessarily imply the matter intended to be averred are sufficient. law. PI. 548. The most common form of making particular averments is in express and direct words. and it must appear that the ship and the rest of the cargo were in fact saved. Eng. Marsh. 79. which consist of matters which need not be alleged. 8 Johns. Ben. or two thousand two hundred and forty pounds net weight. are not used. 8 Mass. 163. 2. and. 1 Caines’ R. for negligently keeping his fire. It is when a benefice becomes vacant for want of an incumbent. 4 Dall.. 2 Caines’ R. Adlm. & Crest. Doct. of Writs. Particular averments are assertions of the truth of particular facts. 202. Pleas. The avoir du pois ounce is less than the Troy ounce in the proportion of 72 to 79. Average. for a learned . F. 2. and signifies a positive statement of facts in opposition to argument or inference. for example: And the party avers or in fact saith. 92. 6. AVOIR DU POIS. Thirty−two cubic feet of pure spring−water. c. 2 Serg. Carth. Amer. 209. Litt. Contribution and’ Average. But if in an action by a lessor against his tenant. comm. Lex. 683. Merchant. For example. on the Stat. must be proved. but if alleged. See. c. 42. See generally Code de Com. need not be averred. which are those which need not be stated. 446. n. it must be proved as laid. 72. Abr. 1821. AVOIDANCE. tit. 412. a demise for seven years be alleged. Avoidances are in fact. AVERMENT. This writ issues against the wrong doer to take his cattle to the plaintiff’s use. Ins. 44. need not be proved. h. t. 125. which. 120. 76. A general averment is that which is at the conclusion of an offer to make good or prove whole pleas containing new affirmative matter. it will be a fatal variance. 211. 43. For the derivation of this phrase. or with this that. 6 Mass. 467. 2 Barn. 9. 513. Armer. for though an allegation of tenancy generally would have been sufficient. 237. Mer. The introductiou of new or special matter. so that they cannot be replevied. as by the death of the incumbent or in law. 1 _24. Rep. 8 3 Saund. Averments were formerly divided into immaterial and impertinent. 2d edit 9 Johns. in this sense. Civ. avoids or repels his conclusions. yet having unnecessarily qualified it. 7 4 Mass. Inst. but form.

P. or pay a sum of money at a day past.43. & Marsh. 194 3 S. 638. award that the party should pay a sum of money. Hardin. 13. An acquiescence on his part. The crime of adultery. Co. 1 Yeates. either to defend the right against the demandant. 22 Pick. 304. 35 Hamm. Civ. Ab. 3 Ham. for the payment of a sum of money. by the immediate and manifest power of a river or stream. 513. 6 Johns. when replevin is brought for a thing distrained. 98. 326. There is no general issue upon an avowry and it cannot be traversed cumulatively. power not delegated. 377. eccl. 1 Greenl. c. Bl. Lit. pleading. 140 1 Binn. It is manifest that the award must be confined within the powers given to the arbitrators. Ham. AVOWANT. 2 Harring. 106. and in this sense it is mentioned in Fleta. 187 Id. An adulterer with whom a married woman continues in adultery. 2 Halst. 43. 5 Blackf. v. for the tenure is deemed to exist for the purposes of an avowry till notice be given of the alienation. & R. 75 3 Harr 442. Grandfather. pleading. 2. 399. he is said to avow. 109. the soil is taken suddenly from one man’s estate and carried to another. a declaration. or the like. 8 Mass. AVOWTERER. N. Signifies to justify or maintain an act formerly done. & Marsh. 22. & R. 10 Mass. 5. Eng. t. But the. For example. or as to the nature and extent of the duties imposed by it on the parties. as if it directed that the party should deliver a deed not in his possession. This word also signifies to bring forth anything. lib. The writing which contains such judgment is also called an award. Q 4. 271. 5 Serg. De jure maris. Ham. Inst. Co. 247.) in this. 14 Mass. 398. Alienation cannot be replied to it without notice. damage done. 13 Mass. 3571. The qualifications requisite to the validity of an award are. The judgment of an arbitrator or arbitrators on a matter submitted to him or them : arbitrium est judicium. 5 Co. will in time entitle the owner of the land to which it is attached to claim it as his own. Lawes on PI. 77 Roll. L. 6 Harr. P. 1 Serg. An award that could not by any possibility be performed. Arbitrament. & R. h. The call which the tenant makes on another who is bound to him by warranty to come into court. 1 Wend. that in the latter case the change of the soil is gradual and imperceptible. transcend their authority. 2. or the performance of any particular. If the arbitrators. R. 164. their award pro tanto will be void but if the void part affect not the merits. 10. Termes de la Ley. without expressing in what sum the obligor should be bound. as for arrears of rent. AVOW or ADVOW. Doddr. if their decisions extend beyond that authority. Avulsion differs from alluvion (q. the residue will be valid. AVULSION. practice. 4. 168−176. Formerly when a stolen thing was found in the possession of any one" he was bound advocare. − 1. that it be final. law. this is all assumption of. Schultes on Aq. 5. to justify the sale. law. 1 Cowen. tom. 340 9 John. Com. Harg. Rights. 399. 244. 4 Bouv. however. Dict.. and sets forth the cause of it. that it be certain. be lawful and reasonable. 6 Shepl. Com. One who makes an avowry. and privity of estate is necessary. 7 Metc. 2 Caines. 426. Kyd on Aw. law. 320 a. Afterwards the word was taken to mean anything which a man admitted to be his own or done by him. An example of such uncertainty may be found in the following cases: An award. 131−2. 251. therefore. and so expressed that no reasonable doubt can arise on the face of it. AWAIT. 1. because. which cannot legally affect the parties. T. par 4. 221. 712 13 Verm. Q 12. 383. Rep. Vin. 262. practice. 206. 13 Johns. Arbitr. & John. In such case the property belongs to the first owner. act. AVUS. AVOWTRY. avows the taking of the distress in his own right. 133. Dr. This term is used in making genealogical tables. 53. &c. 117 2 Cowen. H. An avowry is where the defendant in an action of replevin. 90. 172. Parties. The award ought to be certain. Arbit. 6 Greenl. or to yield him other land in value. and so on till they found the thief. law. that it be consonant to the submission. 2. 82. n. Tracts. 39 11 Johns. an award that one should give security to the other. p. although he . AWARD. 347. 115 to 138. Seems to signify what is now understood by lying in wait. An avowry is sometimes said to be in the nature of an action or of. Lit. 326. 128. E 11 Kyd on Aw. of the submission. directing one party to bind himself in an obligation for the quiet enjoyment of lands. to produce the seller from whom he alleged he had bought it. 8 N. 2 Tho. & John. N. as to the arbitrator’s meaning. 456. Again . 170−1. It must be possible to be performed. 2 Mass. and not contrary to law or reason. Cunn. Where. 442 Caldw. or in right of his wife. 264. 316 5 Sm. and the distrainer justifies the taking. on Arb. 5 Sm. An advocate of a church benefice. − 2. 2 Hill. i. e. be of things possible to be performed. and lastly. AVOWEE. Bract. 235 3 Harr. AVOUCIIER. 300. Lawyer. 266 1 Pike. when the kind of security is not specified. Fr. 144. Dig. 13 John. AVOWRY. Eng. Toull. 8 Mass. 3. 3. 12 Gill & John. − 3. 464.exposition of the whole subject. 3 Harring. or way−laying. crim. Eng. it would of course be void.

such as the performance of an act which would render the party a trespasser or a felon. 6. 1 P. Com. 1 Dall. 11 Wheat. which is used in Louisiana. An ayant cause differs from an heir who acquires the right by inheritance. 2402 to 2500. 395. Index. signifies one to whom a right has been assigned.− 4.) Vide.. Ab. and 3. 245. & Gill. 253. &c. 3 Bouv. Inst. 304. (q. 13. The award must not direct anything to be done contrary to law. 1 Caines. But if the award is as final as. 215. 416. 289. AYANT CAUSE. or AUME. 2 K 1. notes. 8 Toull. French law. the award may be by parol or by deed. AYUNTAMIENTO. 304 Harr. for if it be of things nugatory in themselves. . t. would be binding. 4 Blackf. 364 1 Saund. AWM. Com. used in measuring Rhenish wines it contained forty gallons. but in general it must be made in accordance with the provisions and requirements of the submission. 1 White’s Coll. 4 Rawle. 442. exchange. Kirby. 67 Charlt. notes 1. An assignee. or would subject him to an action. it must conclusively adjudicate all the matters submitted. h. Dig. 3 Pike) 324. or the like. either by will. As to the form. Kyd on Awards. 3 Harr. It must also be reasonable. h. 2. n.. An ancient measure. R. S. Index. 3 Vin. c. sale. Dane’s Ab. 253. under the circumstances of the case it might be expected. Jr. 446. and offering no advantage to either of the parties. gift. Arbitrament.. it will be considered as −valid. E. generally. Arbitrament. The award must be final that is. on Arbitrations and Awards. Wats. t.. 52. 1 Ves. v. R. 372 1 158 15 East. 12 Pet. A congress of persons the municipal council of a city or town. it cannot be enforced. Caldwell on Arbitrations. 326. 442. This term.might not then be able to do so. Spanish law. E 15. 173 2 Yeates. n. Dig. Id Chancery.