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by John Bouvie
Revi!e" Si#$h E"i$ion% &'()
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---Bouvier's Law Dictionary 1856 Edition ---A

A, the first letter of the English and ost other al!ha"ets, is fre#uently used as an a""reviation, $#% v%& and also in the ar's of schedules or !a!ers, as schedule A, B, (, )c% A ong the *o ans this letter was used in cri inal trials% +he ,udges were furnished with s all ta"les covered with wa-, and each one inscri"ed on it the initial letter of his vote. A, when he voted to a"solve the !arty on trial. (, when he was for conde nation. and / L, $non li#uet& when the atter did not a!!ear clearly, and "e desired a new argu ent% A MENSA ET THORO, fro "ed and "oard% A divorce a ensa et thoro, is rather a se!aration of the !arties "y act of law, than a dissolution of the arriage% 0t ay "e granted for the causes of e-tre e cruelty or desertion of the wife "y the hushand% 1 Eccl% *e!% 128% +his 'ind of divorce does not affect the legiti acy of children, nor authori3e a second arriage% 4% A vinculo atri onii. (ruelty Divorce% A PRENDRE, 5rench, to ta'e, to sei3e, in contracts, as !rofits a !rendre% 6a % /% 7% 188. or a right to ta'e so ething out of the soil% 5 Ad% ) Ell% 968. 1 /% ) 7% 191 it differs fro a right of way, which is si !ly an ease ent or interest which confers no interest in the land% 5 B% ) (% 111% A 4UO, A Latin !hrases which signifies fro which. e-a !le, in the co !utation of ti e, the day a #uo is not to "e counted, "ut the day ad #ue is always included% 1: +oull% n% 51 . 1 Duv% n% 11% A court a #uo, the court fro which an a!!eal has "een ta'en. a ,udge a #uo is a ,udge of a court "elow% 6 ;art% Lo% *% 512. 1 6ar% (ond% L% *% 521% <ee Ad #ue % A RENDRE, 5rench, to render, to yield, contracts% 7rofits a rendre. under this ter co !rehended rents and services% 6a /% 7% 1=1% are

A VINCULO MATRIMONII, fro the "ond of arriage% A arriage ay "e dissolved a vinculo, in any states, as in 7ennsylvania, on the ground of canonical disa"ilities "efore arriage, as that one of the !arties was legally arried to a !erson who was then living. i !otence, $#% v%,& and the li'e adultery cruelty and alicious desertion for two years or ore% 0n /ew >or' a sentence of i !rison ent for life is also a ground for a divorce a vinculo% ?hen the arriage is dissolved a vinculo, the !arties ay arry again "ut when the cause is adultery, the guilty !arty cannot arry his or her !ara our% AB INITIO, fro the "eginning% 1% ?hen a an enters u!on lands or into the house of another "y authority of law, and afterwards a"uses that authority, he "eco es a tres!asser a" initio% Bac% A"% +res!ass, B%. 8 (o'e, 186 1 Bl% *e!% 1118 (layt% 88% And if an officer neglect to re ove goods attached within a reasona"le ti e and continue in !ossession, his entry "eco es a tres!ass a" initio% 1 Bl% *e!% 1118% <ee also as to other cases, 1 <tra% 919 1 6% Bl% 1: 11 East, :=5 1 (a !% 115 1 @ohns% 1=1. 12 @ohns% 15:. i"id% :6=% :% But in case of an authority in fact, to enter, an a"use of such authority will not, in general, su",ect the !arty to an action of tres!ass, Lane, =2 . Bae% A"% +res!ass, B . 1 +% 0t% 166% <ee generally 1 (hit% 70% 186% 16=% 182% AB INTESTAT% An heir, a" intestat, is one on who estate of a !erson who dies intestate% the law casts the inheritance or

AB IRATO, civil law% A Latin !hrase, which signifies "y a an in anger% 0t is a!!lied to "e#uests or gifts, which a an a'es adverse to the interest of his heir, in conse#uence of anger or hatred against hi % +hus a devise ade under these circu stances is called a testa ent a" irato% And the suit which the heirs institute to annul this will is called an action a" irato% ;erlin, *e!ert% ots A" irato% ABANDONMENT, contracts% 0n the 5rench law, the act "y which a de"tor surrenders his !ro!erty for the "enefit of his creditors% ;erl% *e!% ot A"andon ent% ABANDONMENT, contracts% 0n insurances the act "y which the insured relin#uishes to the assurer all the !ro!erty to the thing insured% 1% A /o !articular for is re#uired for an a"andon ent, nor need it "e in writing. "ut it ust "e e-!licit and a"solute, and ust set forth the reasons u!on which it is founded% :% A 0t ust also "e ade in reasona"le ti e after the loss% 8% A 0t is not in every case of loss that the insured can a"andon% 0n the following cases an a"andon ent ay "e adeB when there is a total loss. when the voyage is lost or not worth !ursuing, "y reason of a !eril insured against or if the cargo "e so da aged as to "e of little or no value. or where the salvage is very high, and further e-!ense "e necessary, and the insurer will not engage to "ear it or if what is saved is of less value than the freight. or where the da age e-ceeds one half of the value of the goods insured or where the !ro!erty is ca!tured, or even detained "y an indefinite e "argo . and in cases of a li'e nature% 5% A +he a"andon ent, when legally ade transfers fro the insured to the insurer the !ro!erty in the thing insured, and o"liges hi to !ay to the insured what he !ro ised hi "y the contract of insurance% : Cent, (o % 165. 1 ;arsh% 0ns% 55= 7ard% Dr% (oin% n% 8:6

et se#% Boulay 7aty, Dr% (o % ;ariti e, tit% 11, to % 8, !% 115% ABANDONMENT% 0n ariti e contracts in the civil law, !rinci!als are generally held indefinitely res!onsi"le for the o"ligations which their agents have contracted relative to the concern of their co ission "ut with regard to shi! owners there is re ar'a"le !eculiarity. they are "ound "y the contract of the aster only to the a ount of their interest in the shi!, and can "e discharged fro their res!onsi"ility "y a"andoning the shi! and freight% 7oth% (hartes !art% s% 1, art% :, 51. Drd% de la ;ar% des !ro!rietaires, art% 1. (ode de (o % 1% 1, t% 1, art% 116% ABANDONMENT, lights% +he relin#uish ent of a right. the giving u! of so ething to which we are entitled% 1% A Legal rights, when once vested, ust "e divested according to law, "ut e#uita"le rights ay "e a"andoned% 1 ?ash% *% 126% <ee 1 6% ) ;% 81=. a ill site, once occu!ied, ay "e a"andoned% 19 ;ass% 1=9. an a!!lication for land, which is an ince!tion of title, 5 <% ) *% 115. 1 <% ) *% :98. 1 >eates, 1=:, 18=. 1 >eates, 81, 88, :18. an i !rove ent, 1 >eates, 515 . 1 >eates, 896. 5 Binn% 9:. : <% ) *% :1=. @ones' <ylla"us of Land Dffice +itles in 7ennsylvania, cha!% --. and a trust fund, : >erg% 158 ay "e a"andoned% :% A +he a"andon ent ust "e ade "y the owner without "eing !ressed "y any duty, necessity or utility to hi self, "ut si !ly "ecause he wishes no longer to !ossess the thing. and further it ust "e ade without any desire that any other !erson shall ac#uire the sa e. for if it were ade for a consideration, it would "e a sale or "arter, and if without consideration, "ut with an intention that so e other !erson should "eco e the !ossessor, it would "e a giftB and it would still "e a gift though the owner ight "e indifferent as to who the right should "e transferred. for e-a !le, he threw oney a ong a crowd with intent that so e one should ac#uire the title to it% ABANDONMENT for torts, a ter used in the civil law% By the *o an law, when the aster was sued for the tort of his slave, or the owner for a tres!ass co itted "y his ani al, he ight a"andon the to the !erson in,ured, and there"y save hi self fro further res!onsi"ility% 1% A <i ilar !rovisions have "een ado!ted in Louisiana% 0t is enacted "y the civil code that the aster shall "e answera"le for all the da ages occasioned "y an offence or #uasi offence co itted "y his slave% 6e ay, however, discharge hi self fro such res!onsi"ility "y a"andoning the slave to the !erson in,ured. in which case such !erson shall sell such slave at !u"lic auction in the usual for . to o"tain !ay ent of the da ages and costs. and the "alance, if any, shall "e returned to the aster of the slave, who shall "e co !letely discharged, although the !rice of the slave should not "e sufficient to !ay the whole a ount of the da ages and costs. !rovided that the aster shall a'e a"andon ent within three days after the ,udg ent awarding such da ages, shall have "een rendered. !rovided also that it shall not "e !roved that the cri e or offence was co itted "y his order, for in such cases the aster shall "e answera"le for all da ages resulting therefro , whatever "e the a ount, without "eing ad itted to the "enefit of a"andon ent% Art% 182, 181% :% A +he owner of an ani al is answera"le for the da ages he has caused. "ut if the ani al had "een lost, or had strayed ore than a day, he ay discharge hi self fro this res!onsi"ility, "y a"andoning hi to the !erson who has sustained the in,ury, e-ce!t

where the aster has turned loose a dangerous or no-ious ani al, for then he ust !ay for all the har he has done, without "eing allowed, to a'e the a"andon ent% 0"% art% 1:21% ABANDONMENT, alicious% +he act of a hushand or wife, who leaves his or her consort wilfully, and with an intention of causing !er!etual se!aration% 1% A <uch a"andon ent, when it has continued the length of ti e re#uired "y the local statutes, is sufficient cause for a divorce% 4ide 1 6off% *% 89. Divorce% ABATEMENT, chancery !ractice, is a sus!ension of all !roceedings in a suit, fro the want of !ro!er !arties ca!a"le of !roceeding therein% 0t differs fro an a"ate ent at law in this, that in the latter the action is in general entirely dead, and cannot "e revived, : Bl% (o % 168 "ut in the for er, the right to !roceed is erely sus!ended, and ay "e revived "y a "ill of revivor% ;itf% E#% 7l% "y @ere y, 59. <tory, E#% 70% :58% ABATEMENT, contracts, is a reduction ade "y the creditor, for the !ro !t !ay ent of a de"t due "y the !ayor or de"tor% ?es'% on 0ns% 9% ABATEMENT, erc% law% By this ter is understood the deduction so eti es ade at the custo -house fro the duties chargea"le u!on goods when they are da aged <ee Act of (ongress, ;arch 1, 19==, s% 51, 1 <tory L% E% <% 619% ABATEMENT, !leading, is the overthrow of an action in conse#uence of so e error co itted in "ringing or conducting it when the !laintiff is not forever "arred fro "ringing another action% 1 (hit% 7l% 8:8% A"ate ent is "y !lea% +here can "e no de urrer in a"ate ent% ?illes' *e!% 89=. <al'% 112% 1% 7leas in a"ate ent will "e considered as relating, 1, to the ,urisdiction of the court. 1, to the !erson of the !laintiff. :, to that of the defendant. 8, to the writ. 5, to the #ualities% of such !leas . 6, to the for of such !leas. 9, to the affidavit of the truth of !leas in a"ate ent% :% A 1% As to !leas relating to the ,urisdiction of the court, see article @urisdiction, and Arch% (iv% 7l% 1=2. 1 (hit% 70% 0nde-% tit, @urisdiction% +here is only one case in which the ,urisdiction of the court ay "e in#uired of under the general issue, and that is where no court of the country has ,urisdiction of the cause, for in that case no action can "e aintained "y the law of the land% : ;ass% *e!% *ea v% 6ayden, 1 Dougl% 852. : @ohns% *e!% 11:. 1 7enn% Law @ournal 68, ;eredith v% 7ierie% 8% A 1% *elating to the !erson of the !laintiff% 1% +he defendant ay !lead to the !erson of the !laintiff that there never was any such !erson in reru natura% Bro% Brief, 15 . 1= @ohns% :28 (o % Dig% A"ate ent, E 16% And if one of several !laintiffs "e a fictitious !erson, it a"ates the writ% (o % Dig% A"ate ent, E 16. 1 (hit% 7l% 8:5. Arch% (iv% 7l% :28% But a no inal !laintiff in e,ect ent ay sustain an action% 5 4er % =:. 1= @ohn% :28% As to the rule in 7ennsylvania, see 5 ?atts, 81:% 5% A 1% +he defendant% ay !lead that the !laintiff is a fe e covert% (o% Lit% 1:1, "%. or that she is his own wife% 1 Brown% Ent% 6:. and see : +% *% 6:1. 6 +% *% 165. (o % Dig% A"ate ent, E 6. 1 (hit% 7l% 8:9. Arch% (iv% 7l% :21% (overture occurring after suit "rought is a !lea in a"ate ent which cannot "e !leaded after a !lea in "ar, unless the atter arose after the !lea in "ar. "ut in that case the defendant ust not suffer a continuance to intervene "etween the ha!!ening of this new atter, or its co ing to his

'nowledge, and !leading it% 8 < ) *% 1:8. Bac% A"r% A"ate ent, F. 8 ;ass% 65=. 8 <% ) *% 1:8. 1 Bailey, :6=. 8 4ern% 585. 1 ?heat% 111. 18 ;ass% 1=5 . 1 Blac'f% 188 . 1 Bailey, :8=% <ee 12 <% ) *% 128. 9 4er % 528. 1 >eates, 185. 1 Dall% 188. : Bi"", 186% 6% A :% +hat the !laintiff $unless he sue with others as e-ecutor& is an infant and has declared "y attorney% 1 (hit% 7l% 8:6. Arch% (iv% 7i% :21. Arch% 7r% B% *% 181 . 1 <aund% 111, a, n% 5. 1 ?ent% 58, 61. 9 @ohn% *% :9:. : /% 6% *e!% :85. 8 7ic'% 551. and see 9 ;ass% 181. 8 6alst% :81 1 /% 6% *e!% 889% 9% A 8% A suit "rought "y a lunatic under guardianshi!, shall a"ate% Brayt% 18% 8% A 5% Death of !laintiff "efore the !urchase of the original writ, ay "e !leaded in a"ate ent% 1 Arch% (iv% 70% :28, 5. (o % Dig% A"ate ent, E 19% Death of !laintiff !ending the writ ight have "een !leaded since the last continuance, (o % Dig% A"ate ent, 6 :1. 8 6en% ) ;unf% 812. : ;ass% 1=6 . (a % ) /or% 91. 8 6aw's, 8::. 1 *oot, 59. = ;ass% 811. 8 6% ) ;% 812. Fil er, 185. 1 *and% 858. 1 Freenl% 119% But in so e states, as in 7ennsylvania, the, death of the !laintiff does not a"ate the writ. in such case the e-ecutor or ad inistrator is su"stituted% +he rule of the co on law is, that whenever the death of any !arty ha!!ens, !ending the writ, and yet the !lea is in the sa e condition, as if such !arty were living, then such death a'es no alteration. and on this rule all the diversities turn% Fil"% (o % 7leas 181% =% A 6% Alienage, or that the !laintiff is an alien ene y% Bac% A"r% h%t%. 6 Binn% 181 . 12 @ohns% 18:. = ;ass% :6: . 0d% :99 . 11 ;ass% 11= . 11 ;ass% 8 . : :1% ) <% 5::. 1 @ohn% (h% *% 528. 15 East, 162. (o % Dig% A"ate ent, E 8. 0d% Alien, ( 5. 1 <% ) *% :12. 1 (h% 70% 8:5. Arch% (iv% 70% :, :21% 12% A 9% ;isno er of !laintiff ay also "e !leaded in a"ate ent% Arch% (iv% 7i% :25. 1 (hitty's 7leading, 0nde-, tit% ;isno er% (o % Dig% A"ate ent, E 1=, E 12, E 11, E 11. l ;ass% 95. Bac% A"r% h% t% 11% A 8% 0f one of several ,oint tenants, sue in action e- contractu, (o% Lit% 182, ". Bac% A"r% @oint-tenants, C. 1 B% ) 7% 9:. one of several ,oint contractors, Arch% (iv% 70% 88-51, 5: . one of several !artners, Fow on 7art% 152. one of% several ,oint e-ecutors who have !roved the will, or even if they have not !roved the will, 1 (hit% 70% 11, 1:. one of several ,oint ad inistrators, 0"id% 1:. the defendant ay !lead the non-,oinder in a"ate ent% Arch% (iv% 7l% :28. see (o % Dig% A"ate ent, E =, E 11, E 1:, E 18% 11% A =% 0f !ersons ,oin as !laintiffs in an action who should not, the defendant the is,oinder in a"ate ent% Arch% (iv% 70% :28. (o % Dig% A"ate ent, E 15% ay !lead

1:% A 12% ?hen the !laintiff is an alleged cor!oration, and it is intended to contest its e-istence, the defendant ust !lead in a"ate ent% ?right, 11. : 7ic'% 1:6. 1 ;ass 885. 1 7et% 852. 8 7et% 521. 5 7et% 1:1% +o a suit "rought in the na e of the G,udges of the county court,G after such court has "een a"olished, the defendant ay !lead in a"ate ent that there are no such ,udges% @udges, )c% v% 7hilli!s. 1 Bay, 51=% 18% A :% *elating to the !erson of the defendant% 1% 0n an action against two or ore, one ay !lead in a"ate ent that there never was such a !erson in reru natura as A, who is na ed as defendant with hi % Arch% (iv% 70% :11% 15% A 1% 0f the defendant "e a arried wo an, she ay in general !lead her coverture in a"ateraent, 8 +% *% 585 . (o % Dig% A"ate ent, 5 1% +he e-ce!tions to this rule arise

when the coverture is sus!ended% (o % Dig% A"ate ent, 5 1, :. (o% Lit% 1:1, ". 1 Bl% *% 11=9. (o% B% L% 8:% 16% A :% +he death of the defendant a"ates the writ at co on law, and in so e cases it does still a"ate the action, see (o % Dig% A"ate ent, 6 :8. 1 6ayw% 522. 1 Binn% l%. 1 Fil % 185. 1 (onst% *e!% 8:. 8 ;c(ord, 162. 9 ?heat% 5:2. 1 ?atts, 11=. 8 ;ass% 882. 8 Freenl% 118. 0n general where the cause of action dies with the !erson, the suit a"ates "y the death of the defendant "efore ,udg ent% 4ide Actio 7ersonalis oritur cu !ersona% 19% A 8% +he isno er of the defendant ay "e !leaded in a"ate ent, "ut one defendant cannot !lead the isno er of another% (o % Dig% A"ate ent, 5 18 . Lutw% :6. 1 (hit% 70% 882. Arch% (iv% 70% :11% <ee for of a !lea in a"ate ent for a isno er of the defendant in : <aund% 12=, "%, and see further, 1 <how% :=8. (arth% :29 . (o "% 188 . 1 Lutw% 12 . 5 +% *% 889% 18% A 5% ?hen one ,oint tenant, (o % Dig% A"ate ent, 5 5, or one tenant in co on, in cases, where they ought to "e ,oined, 0"id% 5 6, is sued alone A he ay !lead in a"ate ent% And in actions u!on contracts if the !laintiff do not sue all the contractors, the defendant ay !lead the non-,oinder in a"ate ent% 0"id% 5 8, a. 1 ?ash% =. 18 @ohns% 85=. 1 @ohns% (as% :81 . : (aines's *e!% == . Arch%% (iv% 70% :2=. 1 (hit% 70% 881% ?hen hushand and wife should "e sued ,ointly, and one is sued alone, the non-,oinder ay "e !leaded in a"ate ent% Arch% (iv% 70% :2=% +he non-,oinder of all the e-ecutors, who have !roved the will. and the non-,oinder of all the ad inistrators of the deceased, ay "e !leaded in a"ate ent% (o % Dig% A"ate ent, 5 12% 1=% A 6% 0n a real action if "rought against several !ersons, they ay !lead several tenancy, that is, that they hold in severalty and not ,ointly, (o % Dig% A"ate ent, 5 11. or one of the ay ta'e the entire tenancy on hi self, and !ray ,udg ent of the writ% 0d% 5 1:% But is-,oinder of defendant in a !ersonal action is not the su",ect of a !lea in a"ate ent% Arch% (iv% 70% 68, :12% 12% A 9% 0n cases where the defendant El% 55=% 11% A 8% ?here he 5 15% ay !lead non-tenure, see Arch% (iv% 70% :12. (ro%

ay !lead a disclai er, see Arch% (iv% 70% :11. (o % Dig% A"ate ent,

11% A =% A defendant ay !lead his !rivilege of not "eing sued, in a"ate ent% Bac% A"% A"ridg ent ( . see this Dict% tit% 7rivilege% 1:% A 8% 7lea in, a"ate ent of the writ% 1% 7leas in a"ate ent of the writ or a "ill are so ter ed rather fro their effect, than fro their "eing strictly such !leas, for as oyer of the writ can no longer "e craved, no o",ection can "e ta'en to atter which is erely contained in the writ, : B% ) 7% :==. 1 B% ) 7% 685-688. "ut if a ista'e in the writ "e carried into the declaration, or rather if the declaration, which is resu ed to corres!ond with the writ or till, "e incorrect in res!ect of so e e-trinsic atter, it is then o!en to the defendant to !lead in a"ate ent to the writ or "ill, 1 B% ) 7% 688. 12 ;od% 112. and there is no !lea to the declaration alone "ut in "ar. 12 ;od% 112 . 1 <aund% 12=, d% 18% A 1% 7leas in a"ate ent% of the writ or "ill and to the for A"ate ent, 6%1, 19% 15% A :% +hose of the first descri!tion were for erly either or to the action% (o % Dig% atter a!!arent on the face of

the .?rit, (o % Dig% A"ate ent, 6 l, or

atters dehors% 0d% 6 19%

16% A 8% 5or erly very trifling errors were !leada"le in a"ate ent, 1 Lutw% 15. Lilly's Ent% 6 . 1 *ich% (% 7% 5, 8 . 1 <tra% 556. Ld% *ay % 1581 . 1 0nst% 668. 1 B% ) 7% :=5%% But as oyer of the writ can no longer "e had, an o ission in the defendant's declaration of the defendant's addition, which is not necessary to "e stated in a declaration, can in no case "e !leaded in a"ate ent% 1 <aund% :18, n% :. : B% ) B% :=5. 9 East, 881% 19% A 5% 7leas in a"ate ent to the for of the writ, are therefore now !rinci!ally for atters dehors, (o % Dig% A"ate ent,6 19. Fli"% (% 7%, 51 , e-isting at the ti e of suing out the writ, or arising afterwards, such as isno er of the !laintiff or defendant in (hristian or surna e% 18% A 6% 7leas in a"ate ent to the action of the writ, and that the action is isconceived, as that it is in case where it ought to have, "een in tres!ass, (o % Dig% A"ate ent, F 5 . or that it was !re aturely "rought, 0"id% A"ate ent, F 6, and tit% Action E . "ut as these atters are grounds of de urrer or nonsuit, it is now very unusual to !lead the in a"ate ent% 0t ay also "e !leaded that there ii another action !ending% <ee tit% Autre action !endant% (o % Dig% A"ate ent, 6% 18. Bac% A"% A"ate ent, ;. 1 (hitty's 7i% 88:% 1=% A 6% Hualities of !leas in a"ate ent% 1% A writ is divisi"le, and ay "e a"ated in !art, and re ain good for the residue. and the defendant ay !lead in a"ate ent to !art, and de ur or !lead in "ar to the residue of the declaration% 1 (hit% 70% 888. 1 <aund% 112, n% +he general rule is, that whatever !roves the writ false at the ti e of suing it out, shall a"ate the writ entirely Fil"% (% 7% 189 1 <aund% *e!% 186, $n& 9. 1 do% 91, $i& su" fin% :2% A 1% As these !leas delay the trial of the erits of the action, the greatest accuracy and !recision are re#uired in fra ing the . they should "e certain to every intent, and "e !leaded without any re!ugnancy% : +% *% 186. ?illes, 81 . 1 Bl% *% 12=6 1 <aund% 1=8, ", n% 1 . (o % Dig% 1, 11 (o% Lit% :=1. (ro% @ac% 81. and ust in general give the !laintiff a "etter writ% +his is the true criterion to distinguish a !lea in a"ate ent fro a !lea in "ar% 8 +% 0*% 615. Bro al% 1:=. 1 <aund% 198, n% 8 . 188 n% 8. 1 B% ) 7% 115 . 8 +% *% 119 . 6 East& 622 . (o % Dig% A"ate ent, @ 1, 1. 1 Day, 18. : ;ass% 18. 1 ;ass% :61. 1 6ayw% 521. 1 Ld% *ay % 1198. 1 East, 6:8% Freat accuracy is also necessary in the for of the !lea as to the co ence ent and conclusion, which is said to a'e the !lea% Latch% 198 . 1 <aund% 12=, c% d. : +% *% 186% :1% A 6% 5or of !leas in a"ate ent %1 As to the for of !leas in a"ate ent, see 1 (hit% 70% 889. (o % Dig% A"ate ent, 1 1=. 1 <aund% 1, n% 1% :1% A 9% Df the affidavit of truth% 1% All !leas in a"ate ent ust "e sworn to "e true, 8 Ann% c% 16, s% 11% +he affidavit ay "e ade "y the defendant or a third !erson, Barnes, :88, and ust "e !ositive as to the truth of every fact contained in the !lea, and should leave nothing to "e collected "y inference. <ayer's *e!% 1=:. it should "e stated that the !lea is true in su"stance and fact, and not erely that the !lea is a true !lea% : <tr% 925, Litt% Ent% 1. 1 (hitt% 7l% 811, 819. 1 Browne's *e!% 99 . see% 1 Dall% 188. 1 >eates, 185% <ee further on the su",ect of a"ate ent of actions, 4in% A"% tit% A"ate ent. Bac% A"r% tit% A"ate ent. /elson's A"r% tit% A"ate ent. A erican Dig% tit% A"ate ent. <tory's 7l% 1 to 92. 1 (hit% 7l% 815 to 858. ?hart% Dig% tit% 7leading, 5% $"%& 7enna% 7ract% 0nde-, h% t%. +idd's 7r% 0nde-, h% t%. Arch% (iv% 7l% 0nde-, h% t%. Arch% 7ract% 0nde-, h% t% Death. 7arties to actions. 7laintiff. 7uis darrein continuance%

ABATEMENT OF A FREEHOLD% +he entry of a stranger after the death of the ancestor, and "efore the heir or devisee ta'es !ossession, "y which the rightful !ossession of the heir or devisee is defeated% : Bl% 1 (o % 169. (o% Lit% 199, a. 5inch's Law, 1 1=5. Arch% (iv% 7l% 11% 1% By the ancient laws of /or andy, this ter was used to signify the act of one who, having an a!!arent right of !ossession to an estate, too' !ossession of it i ediately after the death of the actual !ossessor, "efore the heir entered% 6oward, Anciennes Lois des 5rangais, to e 1, !% 5:=% ABATEMENT OF LE5ACIES, is the reduction of legacies for the !ur!ose of !aying the testator's de"ts% 1% ?hen the estate is short of !aying the de"ts and legacies, and there are general legacies and s!ecific legacies, the rule is that the general legatees ust a"ate !ro!ortiona"ly in order to !ay the de"ts. a s!ecific legacy is not a"ated unless the general legacies cannot !ay all the de"ts. in that case what re ains to "e !aid ust "e !aid "y the s!ecific legatees, who ust, where there are several, a"ate their legacies, !ro!ortiona"ly% 1 Bl% (o % 51:. 1 4essen% 561 to 568. 1 7% ? s% 682. 1 7% ? s% 18:% <ee 1 Bro% (% (% 1=. Bac% A"r% Legacies, 6. *o!% on Leg% 15:, 188% ABATEMENT OF NUISANCES is the !rostration or re oval of a nuisance% : Bl% 1% A 1% ?ho ay a"ate a nuisance. 1, the anner of a"ating it% 1% ?ho ay a"ate a nuisance% 1% Any !erson ay a"ate a !u"lic nuisance% 1 <al'% 858. = (o% 858% :% A 1% +he in,ured !arty ay a"ate a !rivate nuisance, which is created "y an act of co ission, without notice to the !erson who has co itted it. "ut there is no case which sanctions the a"ate ent "y an individual of nuisances fro o ission, e-ce!t that of cutting "ranches of trees which overhang a !u"lic road, or the !rivate !ro!erty of the !erson who cuts the % 8% A 1% +he anner of a"ating it% 1% A !u"lic nuisance ay "e a"ated without notice, 1 <al'% 858. and so ay a !rivate nuisance which arises "y an act of co ission% And, when the security of lives or !ro!erty ay re#uire so s!eedy a re edy as not to allow ti e to call on the !erson on whose !ro!erty the ischief has arisen to re edy it, an individual would "e ,ustified in a"ating a nuisance fro o ission without notice% 1 Barn% ) (res% :11. : Dowl% ) *% 556% 5% A 1% 0n the a"ate ent of a !u"lic nuisance, the a"ator need not o"serve !articular care in a"ating it, so as to !revent in,ury to the aterials% And though a gate illegally fastened, ight have "een o!ened without cutting it down, yet the cutting would "e lawful% 6owever, it is a general rule that the a"ate ent ust "e li ited "y its necessity, and no wanton or unnecessary in,ury ust "e co itted% 1 <al'% 858% 6% A :% As to !rivate nuisances, it has "een held, that if a an in his own soil erect a thing which is a nuisance to another, as "y sto!!ing a rivulet, and so di inishing the water used "y the latter for his cattle, the !arty in,ured ay enter on the soil of the other, and a"ate the nuisance and ,ustify the tres!ass. and this right of a"ate ent is not confined erely to a house, ill, or land% 1 < ith's *e!% =. 1 *oll% A"r% 565. 1 Leon% 121. (o % Dig% 7leader, : ;% 81. : Lev% =1. 1 Brownl% 111. 4in% A"% /uisance. 11 ;ass% 812. = ;ass% :16. 8 (onn% 818. 5 (onn% 112. 1 Es!% 69=. : +aunt% ==. 6 Bing% :9=%

9% A 8% +he a"ator of a !rivate nuisance cannot re ove the aterials further than is necessary, nor convert the to his own use% Dalt% o% 52% And so uch only of the thing as causes the nuisance should "e re oved. as if a house "e "uilt too high, so uch% only as is too high should "e !ulled down% = (o% 5:. Fod% 111. <tr% 686% 8% A 5% 0f the nuisance can "e re oved without destruction and delivered to a agistrate, it is advisa"le to do so. as in the case of a li"ellous !rint or !a!er affecting an individual, "ut still it ay "e destroyed 5 (o% 115, "%. 1 (a !"% 511% <ee as to cutting down trees, *oll% *e!% :=8. : Buls 1=8. 4in% A"% tit% +rees, E, and /uisance ?% ABATOR is, 1st, he who a"ates or !rostrates a nuisance. 1, he who having no right of entry, gets !ossession of the freehold to the !re,udiae of an heir or devisee, after the ti e when the ancestor died, and "efore the heir or devisee enters% <ee article A"ate ent% Litt% 8=9. 7er'% :8:. 1 0nst% 191. 1 7rest% A"st% 1=6% :22% As to the conse#uences of an a"ator dying in !ossession, <ee Ada s' E,ect% 8:% ABATUDA, o"solete% Any thing di inished. as, cli!!ed or di inished in value% (owell, h% t% oneta a"atuda, which is oney

ABAVUS, civil law, is the great grandfather, or fourth great grand other, or fourth fe ale ascendant%

ale ascendant% A"avia, is the

ABBEY, a""atia, is a society of religious !ersons, having an a""ot or a""ess to !reside over the % 5or erly so e of the ost considera"le a""ots and !riors in England had seats and votes in the house of lords% +he !rior of <t% @ohn's of @erusale , was styied the first "aron of England, in res!ect to the lay "arons, "ut he was the last of the s!iritual "arons% ABBREVIATION, !ractice% A +he o ission of so e words or letters in writing. as when fieri facias is written fi% fa% 1% 0n writing contracts it is the "etter !ractice to a'e no a""reviations. "ut in recogni3ances, and any other contracts, they are used. as @ohn Doe tent to !rosecute, )c% *ichard *oe tent to a!!ear, )c% when the recogni3ances are used, they are drawn out in e-tenso% <ee 8 (a% ) 7% 61. <%(%1=E%(%L%*%168. = (o%88% ABBREVIATIONS and a""reviated references% +he following list, though necessarily inco !lete, ay "e useful to so e readers% A, a, the first letter of the al!ha"et, is so eti es used in the ancient law "oo's to denote that the !aging is the first of that nu "er in the "oo'% As an a""reviation, A is used for anony ous%
A. & A. on Corp. Angell & Ames on Corporations. Sometimes cited Ang. on Corp. A. B. Anonymous Reports, printed at the end of Bendloe's Reports. A. D. Anno\ Domini, in the year of our Lord A. & . Adolphus and llis' Reports. llis' "ueen's Bench Reports, !e# Series,

A. & . !. S. Adolphus & commonly cited ".

B. A. & $. on $i%t. Amos & $erard on $i%tures. A. &. 'arsh. A. &. 'arshall's (&ty.) Reports. A*. or A*r. A*ridgement. A*r. Ca. +. +uity.

A*ridgement of cases in A*s. A*solute.

A*. Sh. A**ott on Shipping. Acc. Accord or Agrees. Act. Acton's Reports. Act. Reg. Acta Regia. Ad. Ad. & ,ect. Adams on ll. Adolphus & ,ectment. llis' Reports.

Ad. finn. Ad finem. At or near the ond. Ads. Ad sectum, -ide Ats. Addam's R. Addam's cclesiastical Reports. .n . ccl. Rep.

Addis on Contr. Addison on the La# of Contracts and on /arties to actions e% contractu. Addis. R. Addison's Reports. Admr. Administrator. Ady. C. '. Adye on Courts 'artial. Ai0. R. Ai0en's Reports. Al. Aleyn's Cases. Al. Alinea. Al et. t alii, and others.

Al.& !. Alcoc0 & !apier's Reports. Ala. R. Ala*ama Report. Alc. Reg. 1. Alcoc0's Registration Case. Ald. 2an 3oes. Dig. A Digest of the La#s of 'ississippi, *y 4. 5. $o% Alden and 5. A. 6an 3oesen. Aldr. 3ilt. Aldridge's 3istory of the Court of La#. Alis. /rin. Alison's /rinciples of the Criminal La# of Scotland. All. 'or. 4r. Allen and 'orris' 4rial. Alley. L. D. of 'ar. Alleyne's Legal Degrees of 'arriage considered. Alln. /art. Allnat on /artition. Am. America, American, or Americana. Am*. Am*ler's Reports. Am. $er. on. $i%t. Amos & $erard on $i%tures. Amer. America, American, or Americana. Amer. Dig. American Digest. Amer. 5ur. American 5urist. An. Anonymous. And . Anderson's Reports. Ander. Ch. 7ar. Anderdon on Church 7arden. Andr. Andre#'s Report. Ang. on Ad-. right to an n,. Angell's .n+uiry into the rule of la# #hich creates a

incorporeal hereditament, *y an ad-erse en,oyment of t#enty years. Ang. on Ass. Angell's /ractical Summary of the La# of Assignment in

trust for creditors. Ang. on B. 4. Angell on Ban0 4a%. Ang. on Corp. Angell on the La# of /ri-ate Corporations. Ang. on Limit. Angell's 4reatise on the Limitation of Actions at La#, and Suits in +uity. Ang. on 4ide 7at. Angell on the right of property in 4ide 7aters. Ang. on 7ater Courses. Angell on the Common La# in relation to 7ater Courses. Ann. Anne8 as 9 Ann. c. :. Anna. Annaly's Reports. 4his *oo0 is usually cited Cas. 4emp. 3ard#. Annesl. on .ns. Annesley on .nsurance. Anstr. Anstruther's Reports. Anth. Shep. Anthon's editon's of Sheppard's 4ouchstone. Ap. 5ustin. Apud 5ustinianum, or 5ustinian's .nstitutes. App. Apposition. App%. Appendi%. Arch Arch*old. Arch. Ci-. /l. Arch*old's Ci-il /leadings. Arch. Cr. /l. Arch*old's Criminal /leadins. Arch. /r. Arch*old's /ractice. Arch. B. L. Arch*old's Ban0rupt la#. Arch. L. & 4. Arch*old on the La# of Landlord of nisi /rius. and 4enant. Arch. !. /. Arch*old's La#

Arg. Argumento, *y an argument dra#n from such a la#. it also signifies arguendo. Arg. .nst. .nstitution au Droit $rancais, par '. Argou. Ar0. Rep. Ar0ansas Reports. See /i0e's Rep.

Ar0. Re-. Stat. Ar0ansas Re-ised Statutes. Art. Article Ashm. R. Ashmead's Reports Aso & 'an. .nst. Aso and 'anuel's institutes of the La#s of Spain. Ass. or Li*. Ass. Li*er Assissarium, or /leas of the Cro#n. Ast. nt. Aston's ntries.

Atherl. on 'ar. Atherley on the La# of 'arriage and other $amily Settlements. At0. At0yn's Reports. At0. /. 4. At0yn's /arliamentary 4racts. At0. on Con. At0inson on Con-eyancing. At0. on 4it. At0inson on 'ar0eta*le 4itles. Ats. in practice, is an a**re-iation for the #ords ;at suit of,; and is used #hen the defendant files any pleadings8 for e%ample< #hen the defendant enters a plea he puts his name *efore that of the plaintiff, re-ersing the order in #hich they are on the record. C.D.(the defendant,) ats A.B. (the plaintiff.) Aust. on 5ur. 4he /ro-ince of 5urisprudence determind, *y 5ohn Austin Auth. Authentica, in the Authentic8 that is, the Summary of some of the !o-els of the Ci-il La# inserted in the code under such a title. Ay. Ayliff'es /andect. Ayl.

/arerg. Ayliffe's /arergon ,uris canonici Anglicani. A=un. 'ar. La#. A=uni's 'aritime La# of urope.

B, *, is used to point out that a num*er, used at the head of a page to denote the folio, is the second num*er of the same -olume. B. B. Bail Bond. B. or B0. Boo0. B. & A. Barne#all & Alderson's Reports. B. & B. Ball & Beatty's Reports. B. C. R. Bro#n's Chancery Reports. B. ccl. L. Burn's cclesiatical La#.

B. 5ust. Burn's 5ustice. B. !. C. Broo0e's !e# Cases. B. /. C. or Bro. /arl. Ca5. Bro#n's /arliamentry Cases. B. & /. or Bos. & /ull. Bosan+uet & /uller's Reports. B. R. or &. B. &ing's Bench. B. 4r. Bishop's 4rial. Ba*. on Auct. Ba*ington on the La# of Auctions. Ba*. Set off. Ba*ington on Set off and mutual credit. Bac. A*r. Bacon's A*ridgement. Bac. Comp. Ar*. Bacon's ('.) Complete Ar*itrator. Bac. l. Bacon's lements of the Common La#.

Bac. 1o-.

Bacon on 1o-ernment. Bac. La# 4r. Bacon's La# 4racts Bac. Leas. Bacon ('.) on Leases and 4erm of 6ears. Bac. Li* Reg. Bacon's 5ohn) Li*er Regis, -el 4hesaurus Rerum ccleslasticarum. Bac. >ses Bacon's Reading on the Statute of >ses. 4his is printed in his La# 4racts. Bach. 'an. Bache's 'anual of a /ennsyl-ania 5ustice of the /eace Bail. R. Bailey's Report. Bain. on '.&'. Bain*ridge on 'ines and 'inerals. Bald#in. R. Bald#in's Circuit Court Reports. Ball & Beat. Ball and Beatty's Reports. Ballan. Lim. Ballantine on Limitations. Banc. Sup. >pper Bench. Bar*. +. Dig. Bar*our's +uity Digest.

Bar*. Cr. /l. Bar*our's Criminal /leadings. Bar?*. /ract. in Ch. Bar*our's 4reatise on the /ractice of the Court of Chancery. Bar*. R. Bar*our's Chancery Reports. Bar*. 1rot. 1rotius on 7ar and /eace, #ith notes *y Bar*eyrac. Bar*. /uff. /uffendorf's La# of !ature and !ations, #ith notes *y '. Bar*eyrac. Bar*. on Set off. Bar*our on the La# of Set off, #ith an appendi% of /recedents. Barn. C. Barnardiston's Chancery Reports. Barn. Barnardiston's &. B. Reports.

Barn. & Ald. Barne#all & Alderon'?s Reports. Barn. & Adolph. Barne#all & Adolphu's Reports. Barn. & Cress. Barne#ull & Cress#ell's Reports. Barn. Sher. Barnes' Sheriff. Barnu. Barne' !otes of /ractice. Barr. @*s. Stat. Barrington's @*ser-ations on the more ancient statutes. Barr. 4en. Barry's 4enure. Bart. l. Con-. Barton's lement of Con-eyancing. Bart. /rec. Con-. +. Barton's Suit in

Barton's /recedent of Con-eyancing. Bart. S. +uity.

Batty's R. Batty's Reports of Cases determined in the &. B. .reland. Bay's R. Bay's Reprts. Bayl. Bills. Bayley on Bills. Bayl. Ch. /r. Bayley's Cham*er /ractice. Beam. !e %eat. Brief -ie# of the #rit of !e process, *y 5. Beams. Beam.. +. Beames on +uity /leading. %eat Regno, as a e+uia*le

Beam. @rd. Chan. Beames' 1eneral @rders of the 3igh Court of Chancery, from 9ABB to 9C9D. Beat. R. Beatty's Reports determined in the 3igh Court of Chancery .n .reland. Bea-. R. Bea-an's Chancery Reports. Bea#es. Bea#e's Le% 'ercatoria. Bec0's 'ed. 5ur. Bec0's 'edical 5urisprudence. Bee's R. Bee's Reports. Bell's Com. Bell's Commentaries on the La#s of Scotland, and on the /rinciples of

'ercantile 5urisprudence. Bell. Del. >. L. Beller's Delineation of >ni-ersal La#. Bell's Dict. Dictionary of the La# of Scotland By Ro*ert Bell Bell's 'ed. 5ur Bell's 'edical 5urisprudence. Bell. Belle#e's Cases in the time of &. Richard ... Belle#e's Cases in the time of 3enry 2..., d# 2.., and ". 'ary, collected out of Broo0e's A*ridgment, and arranged under years, #ith a ta*le, are cited as Broo0e's !e# Cases. Bellingh. 4r. Bellingham's 4rial. Belt's Sup. Belt's Supplement. Supplement to the Reports in Chancery of $rancis 2esey, Senior, s+, during the time of Lord Ch 5. 3ard#ic0e.

Belt's 2es. sen. Belt's editon of 2esey senior's Reports. Benl. Benloe & Dalison's Reports. See !e# Benl. Ben. on A-. Benec0e on A-erage. Benn. Diss. Bennet's Short Dissertation on the nature and -arious proceedings in the 'aster's @ffice, in the Court of Chancery. Sometimes this *oo0 is called Benn. /ract. Benn. /ract. See Benn. Diss. Benth. -. -idence.

Bentham's 4reatise on 5udicial

Best on /rc. Best's 4reatise on /resumption of La# and $act. Bett's Adm. /r. Bett's Admiralty /ractice. Be-. on 3om. Be-il on 3omicide. Bill. on A#. Billing on the La# of A#ards.

Bing. Bingham Bin. .nf8 Bingham on .nfancy. Bing on 5udg. Bingham on 5udgments and Landlord and 4enant Bing. R. Bing Bingham's Reports. Bin. !. C. Bingham's !e# Cases. Binn. Reports @f Cases ad,udged in the Supreme Court. of /ennsyl-ania By 3orace Binney Bird on Con-. Bird on Con-eyancing Bird L.& 4. Bird on the La#s respecting Landlords, 4enants and Lodgers. Bird's Sol. /r Bird's Solution of /recedents of Settlement. Biret, De l'A*s. 4raite de l'A*sence et de ses effects, par '. Biret Bis. on Life. st. or Buss. on Life st. Bissett on the La# of states for %ecutions. Bing L.& 4. Bingham on the La# of

Biss. on /arn. Bissett on /artnership. Bl. Blounts La# Dictionary and 1lossary Bl. Comm.or Comm. Commentaries on the La#s of Blac0stone. Bl. Rep. Sir 7illiam Blac0stone's Reports. Bl. 3. 3enry Blac0stone's Report, sometimes cited 3. Bl. Blac0. L. 4. Blac0stone's La# 4racts Blac0* on Sales. Blac0*urn on the ffect of the Contract of Sales. ngland *y Sir 7llliam

Blac*. on Sales. Blac*urn on the La# of Sales. Blac0f. R. Blac0ford's Reports.

Bla0. Ch. /r. Bla0e's /ractice of the Court of Chancery of the State of !e# 6or0. Blan. on Ann. Blaney on Life Annuities Bland's Ch. R. Bland's Chancery Reports. Blansh. Lim. Blanshard on Limitations. Bligh. R. Bligh's Reports of Cases decided in the 3ouse of Lords. Blount. Blount's La# Dictionary and 1lossary. Bo. R. Act. Booth on Real Actions. Boh. Dec. Bohun's Declaration. Boh. ng. L. Bohun's Boh. /ri-. .on. Bohun's /ri-ilegia Londini. nglish La#yer.

Boote. Boote's Ch. /r. Boote's Chanccry /ractice. Boote's S. L. Boote's Suit at La#. Booth's R. A. Booth on Real Action. Borth. L. L. Borth#ic0 on the La# of Li*el. Bos. & /ull. Bosan+uet and /uller's Reports. 2ide B.& /. Bosc. on Con. Bosco#en on Con-ictions. Bott. Bott's /oor La#. Bouch .nst. Dr. 'ar. Boucher, .nstitution au Droit 'aritime. Boulay /aty Dr. Com. Cours de Droit Commercial 'aritime, par /. S Boulay /aty. Bous+. Dict. de Dr. Bous+uet, Dictionnaire de Droit. Bou-. L. D. Bou-ier's La# Dictionary. Bou-. .nst. .nstitutiones 4heologicae Auctore 5. Bou-ier. Bou-. .nst. Am. La#. Bou-ier's .nstitutes of American La#. Bo#l. on Li*. Bo#les on Li*els.

Br. or Bro#nl. Bro#nlo#'s Reports. Br. or Br. A*. Broo0e's A*ridgment. Bra. Brady's 3istory of the Succession of the Cro#n of Bracton's 4reatise on the La# and Customs of ngland, &c.8Brac.


Bra. /rinc. Branche's /rincipia Legis et Ae+uitatis. Brac0. L. 'isc. Brac0enridge's La# 'iscellany. *rad*. Brad*y on Distresses. Bradl. /. B. Bradley's /oint Boo0. Bran. /rin. or Bran. 'a%. Branch's /rincipia Legis Ae+uitatis, *eing an alpha*etical collection of ma%ims, &c. Brayt. R. Brayton's Rport. Breese's R. Breese's Report Bre-. Sel. Bre-ia Selecta, or Choice 7rits. Brid. Bridgman's Reports Reports from 9E to 9F & 5ames. By Sir 5ohn Bridgman. Brid. Dig. .nd. Bridgman's Digested .nde%. Brid. Leg. Bi*. Bridgman's Legal Bi*liography. Brid. Con-. Bridgman's /recedents of Con-eyancing. Brid. Refl. Bridgman's Reflections on the Study of the La#. Brid. Synth. Bridgeman's Synthesis. Brid. 4hes. 5ur. Bridgman's 4hesaurus 5uridic.

Bridg. @. @rlando Bridgmen's Reports. Bridg. 4he. 5ru. Bridgman's 4hesaurus 5uridicus. Britton. 4reatise on the Ancient /leas of the Cro#n. Bro. or Bro#nl. Bro#nlo#'s Reports. Also, Reports *y Richard Bro#nlo# and 5ohn 1oldeshorough. Cited 9 Bro. E Bro. Bro. A*. Broo0e's A*ridgement. Bro. A. & C. L. Bro#n's Admiralty and Ci-il La#. Bro. C. C. Bro#n's Chancery Cases. Bro. @ff. !ot. A 4reatise on the @ffice and /ractice of a !otary in ngland, as connected #ith 'ercantile .nstruments, &c. By Richard Broo0e. Bro. /. C. Bro#n's /arliamentary Cases. Bro. Read. Broo0e's Reading on the Statute of Limitations. Bro. on Sales. Bro#n on Sales Bro. 2.'. Bro#n's 2ade 'ecum. Broc0. R. Broc0en*rough's Reports of Chief 5ustice 'arshall's Decisions. Brod. & Bing. Broderip & Bingham's Reports. Broom on /art. Broom on /arties to Actions. Bro#nl. Redi-. or Bro#nl. nt. Bro#nlo# Redi-i-us.

Bruce '. L. Bruce's 'ilitary La#. Buc0's Ca. Buc0's Cases. Cases in Ban0ruptcy in 9C9:, 9C9C, *y 5.7. Buc0. Bull. Bull. !./. Buller's !isi /rius. Bulst. Bulstrode's Reports.

Bun*. Bun*ury's Reports. Burge Col. La#. Burge's Colonial La#. Burge Confl. of La#. Burge on the Conflict of La#s. Burge on Sur. Burge's Commentaries on the La# of Suretyship. &c.8Burge $or. La#. Burge on $oreign La#. Burlam. Burlama+ui's !atural and /olitical La#. Burn's L.D. Burn's La# Dictionary. Burn's 5ust. Burn's 5ustice of the /eace. Burn's ccl. La# or Burn's .L. Burn's cclesiastical La#.

Burn. C.L. Burnett's 4reatise on the Criminal La# of Scotland. Burn. Com. Burnett's Commentaries on the Criminal La# of Scotland. Burr. Burro#'s Reports. Burr. Sett. Cas. Burro#'s Settlement Cases. Burr's 4r. Burr's 4rial. Burt. 'an. Burton's 'anual of the La# of Scotland. 4he #or0 is in t#o parts, one relating to ;pu*lic la#,; and the other to the la# of ;pri-ate rights and o*ligations.; 4he former is cited Burt. 'an. /.L.8 the latter, Burt. 'an. /r. Burt. on Real /rop. Burton on Real /roperty. Butl. 3or. 5ur. Butler's 3orae 5uridicae Su*seci-ae.

C. Codes, the Code of 5ustinian. C. Code. C. Chancellor. C.& A. Coo0e and Alcoc0's Reports. C.B. Communi Banco, or Common Bench. C.C. Circuit Court.

C.C. Cepi Corpus. C.C.& B.B. Cepi Corpus and Bail Bond. C.C. or Ch. Cas. Cases in Chancery in three parts. C.C.C. or Cr. Cir. Com. Cro#n Circuit Companion. C.C.& C. Cepi corpus et committitur. See Capias ad satisfaciendum, in the *ody of the #or0. C.C. . or Cain. Cas. Caines' Cases in C.D. or Com. Dig. Comyn's Digest. C.& D. C. C. Cra#ford and Di%'s Criminal Cases. C.& D. A*. C. Cra#ford and Di%'s A*ridged Cases. C.& $. Clar0 & $indley's Reports. C.& $. Clar0e & $inelly's Reports. C. 5. Chief 5ustice. C.& 5. Crompton & 5er-is' %che+uer Reports. rror.

C.5.C./. Chief 5ustice of the Common /leas. C.5.&.B. Chief 5ustice of the &ing's Bench. C.5.".B. Chief 5ustice of the "ueen's Bench. C.5.>.B. Chief 5ustice of the >pper Bench. During the time of the commonG#ealth, the Court of the &ing's Bench #as called the >pper Bench. C.& &. Carrington & &ir#an's Reports. C.& '. Crompton & 'eeson's Reports. C.& '. Carrington & 'arshman's Reports. C.'.& R. Crompton, 'eeson & Roscoe's %che+uer Reports. nglish

C.!./.C. Camp*ell's !isi /rius Cases. C. /. Common /leas. C./. Coop. C./. Cooper's Reports. C.& /. or Car.& /ayn. Carrington & /ayne's Reports. C.& /. Craig & /hillips' Reports. C.R. or Ch. Rep. Chancery Reports. C.& R. Coc0*urn & Ro#e's Reports. C.7. Dudl. +. C.7. Dudley's +uity Reports.

C. 4heod. Codice 4heodosiano, in the 4heodosian code. Ca. Case or placitum. Ca. 4.&. Select Cases tempore &ing. Ca. 4. 4al*. Cases tempore 4al*ot. Ca. res. Capias ad respondendum. Ca. sa., in practice, is the a**re-iation of capias ad satisfaciendum. Caines' R. Caines' 4erm Reports. Caines' Cas. Caines' Cases, in error. Caines' /r. Caines' /ractice. Cald. R. Caldecott's Reports. Cald. S.C. Caldecott's Settlement Cases8 sometimes cited Cald. R. Cald#. Ar*it. Cald#ell on Ar*itration. Call. on Se#. Callis on the La# relating to Se#ers. Call's R. Call's R ports.

Calth. R. Calthorp's Reports of Special Cases touching se-eral customs and li*erties of the City of London. Cal-. on /art. Cal-ert on /arties to Suits in +uity.

Cam.& !or#. Cameron & !or#ood's Reports. Camp*. Camp*ell's Reports. Can. Canon. Cap. Capitulo, chapter. Car. Carolus< as 9H Car. E, st. E, c.9. Carr. Cr. L. Carrington's Criminal La#. Carr.& &ir#. Carrington & &ri#an's Reports. See C.& &. Carr.& 'arsh. Carrington & 'arshman's Reports. Carr.& @li-. R. and C.C. Carro# & @li-er's Rail#ay and Canal Cases. Cart. Carter's Reports. Reports in C./. in 9A, 9:, 9C, and 9F, Charles ... Cara de $or. Carta de $oresta. Carth. Carthe#'s Reports. Cary. Cary's Reports. Cary on /artn. Cary on the La# of /artnership. Cas. of App. Cases of Appeals to the 3ouse of Lords. Cas. L. +. Cases and @pinions in La#, +uity, and Con-eyancing.

Cas. of /r. Cases of /ractice in the Court of the &ing's Bench, from the reign of li=. to the 9I 1eo. H.

Cas. of Sett. Cases of Settlement. Cas. 4emp. 3ard#. Cases during the time of Lord 3ard#ic0e. Cas. 4emp. 4al*. Cases during the time of Lord 4al*ot. Ch. Chancellor. Ch. CAs. Cases in Chancery. Ch. /r. /recedents in Chancery. Ch. R. R ports in Chancery. Ch. Rep. 2ide Ch. Cases. Cham*. on 5ur. of Chan. Cham*ers on the 5urisdiction of the 3igh Court of Chancery, o-er the /ersons and /roperty of .nfants. Cham*. L.& 4. Cham*ers on the La# of Landlord and 4enant. Char. 'erc. Charta mercatoria. See Bac. A*. Smuggling, C. Charlt. Charlton. 4.>./. Charl. 4.>./. Charlton's Reports. R.'. Charlton's Reports. Chase's 4r. Chase's 4rial. Cher. Cas. Chero0ee Case. Che-. C.C. Che-es' Chancery Cases. Chipm. R. Chipman's Reports. D. Chipm. D. Chipman's Reports. Chipm. Contr. ssay on the La# of Contracts for the payment of Specific Articles. By Daniel Chipman. Ch. Contr. A /ractical 4reatise on the La# of Contracts. By 5oseph Chitty, 5r. Chitty. on App. Chitty's /ractical 4reatise on the La# relating to Apprentices and

5ourneymen. Chit. on Bills. Chitty on Bills. Chit. 5r. on Bills. Chitty, ,unior, on Bills. Chit. Com. L. Chitty's 4reatise on Commerical La#. Chit. Cr. L. Chitty's Criminal La#. Chit. on Des. Chitty on the La# of Descents. Chit. $. Chitt's $orms and /ractical /roceedings. Chit. 'ed. 5ur. Chitty on 'edical 5urisprudence. Chit. Chitty's Reports. Chit. /l. A /ractical 4reatise on /leading, *y 5oseph Chitty. Chit. /r. Chitty's 1eneral /ractice. Chit. /rerog. Chitty on the La# of the /rerogati-es of the Cro#n. Chris. B.L. Christian's Ban0rupt La#s. Christ. 'ed. 5ur. Christison's 4reatise on /oisons, relating to 'edical 5urisprudence, /hysiology, and the /ractice of /hysic. Ci-. Ci-il. Ci-. Code Lo. Ci-il Code of Louisiana. Cl. 4he Clementines. Cl. Ass. Cler0's Assistant. Clan. 3.& 7. Clancy on the Rights, Duties, and Lia*ilities of 3us*and and 7ife. Clar0 on Leas. Clar0's n+uiry into the !ature of Leases.

Clar0e, R. Clar0e's Reports. Clar0 & $in. Clar0 & $inelly's Reports. Clar0. Adm. /r. Clar0e's /ractice in the Admiralty. Clar0. /ra%. Clar0e's /ra%is, *eing the manner of proceeding in the cclesiastical Courts. Clay. Clayton's Reports. Cleir. >s et Const. Cleirac, >s et Coustumes ae la 'er. Cler0e's Rud. Cler0e's Rudiments of American La# and /ractice. Clift. Clift's ntries.

Co. A particle used *efore other #ords to imply that the person spo0en of possesses the same character as other persons #hose character is mentioned, as coGe%ecutor, and e%ecutor #ith other8 coGheir, an heir #ith others8 coGpartner, a partner #ith others, etc. J Co. 7hen so Co. is also an a**re-iation for ;company; as 5ohn Smith &

a**re-iated is also represents ;county.; Co. Co0e's Reports. Co. or Co. Rep. Co0e's Reports. Co. nt. Co0e's ntries.

Co. B. L. Coo0e's Ban0rupt La#. Co. on Courts. Co0e on Courts8 Ith .nstitute. See .nst. Co. Litt. Co0e on Littleton. See .nst. Co. '. C. Co0e's 'agna Charta8 Ed .nstitute. See. .nst.

Co. /. C. Co0e's /leas of the Cro#n. See .nst. Coc0 & Ro#e. Coc0*urn & Ro#e's Reports. Code Ci-. Code Ci-il, or Ci-il Code of $rance. 4his #or0 is usually cited *y the article. Code !ap. Code !apoleaon. 4he same as Code Ci-il. Code Com. Code de Commerce. Code /en. Code /enal. Code /ro. Code de /rocedure. Col. Column, in the first or second column of the *oo0 +uoted. Col.& Cai. CAs. Coleman & Caines' Cases. Cole on .nf. Cole on Criminal .nformations, and .nformations in the !ature of "uo 7arranto. Coll. on /at. Collier on the La# of /atents. Coll. on .diots. Collinson on the La# concerning .diots, &c.8Coll. Rep. Colle's Reports. Coll. Collation. Colly. Rep. Collyer's Reports. Com. Communes, or Com. or Com. Rep. Comyn's Reports. Com. Contr. Comyn on Contract. Com. on >s. Comyn on >sury. %tra-agantes Communes.

Com. Dig. Comyn's Digest. Com. L.& 4. Comyn on the La# of Landlord and 4enant. Com. La#. Commerical La#. Com. La#. Rep. Common La# Reports, edited *y Sergeant and Lo#her. Com*. Com*er*ach's Reports. Comm. Blac0stone's Commentaries. Con. & La#. Connor & La#son's Reports. Cond. Condensed. Cond. Ch. R. Condensed Chancery Reports. Cond. %. R. Condensed %che+uer Reports.

Conf. Chart. Confirmatio Chartorum. Cong. Congress. Con0l. /r. Con0ling's /ractice of the Courts of the >nited States. Conn. R. Connecticut Reports. Conr. Cust. R. Contoy's Custodiam Reports. Cons. del 'ar. Consolato del 'are. Cons. Ct. R. Constitutional Court R ports. Cont. Contra. Coo0e on Defam. Coo0e on Defamation. Coop. +. R. Cooper's +uity Reports.

Coop. Cas. Cases in the 3igh Court of Chancery. By 1eorge Cooper. Coop. on Li*. Cooper on the La# of Li*els.


+. /l. +uity /leading.


Coop. 5ust. Cooper's 5ustinian's .nstitutes. Coop. 'ed. 5ur. Cooper's 'edical 5urisprudence. Coop. t. Brough. Cooper's Cases in the time of Brougham. Coop. /./. Cooper's /oints of /ractice. Cote. 'rtg. Coote on 'ortgages. Cor*. & Dan. Cor*et & Daniel's Corn. on >ses. Cornish on >ses. Corn. on R m. Cornish on Remainders. Corp. 5ur. Ci-. Corpus 5uris Ci-ilus. Corp. 5ur. Can. Corpus 5uris Canonicus. Cor-in. Cor-inus. See Bac. A*. 'ortgage A, #here this author is cited. Cot. A*r. Cotton's A*ridgement of Records. Co-. on Con-. -i. Co-entry on Con-eyancers' -idence. lection Cases.

Co#. .nt. Co#el's La# Dictionary, or the .nterpreter of #ords and terms, used either in the common or statute la#s of 1reat Britain. Co#p. Co#per's Reports. Co#. R. Co#en's Reports, !.6. Co%'s Cas. Co%'s Cases. Co%e's R. Co%e's Reports. Cra**'s C.L. Cra**'s Common La#. A 3istory of nglish La#. By 1eorge Cra**.

Cra**, R. /. Cra** on the La# of R al /roperty. Craig & /hil. Craig & /hillip'sReports.

Cranch, R. Cranch's Reports. Cress#. R. Cress#ell's Reports of Cases decided in the Court for the Relief of .nsol-ent De*tors. Crim. Con. Criminal Con-ersation< adultery. Cro. Cro0e's Reports. Cro. li=. li=a*eth, also cited as 9

Cro0e's Reports, during the time of "ueen Cro.

Cro. ,ac. Cro0e's Reports during the time of &ing 5ames .., also cited as E Cro. Cro. Car. Cro0e's Reports, during the time of Charles .., also cited as H Cro. Crompt. %. Rep. Crompton's %che+uer Reports.

Crompt. 5.C. Crompton's 5urisdiction of Courts. Crompt. & 'ees. Crompton & 'eeson's %che+uer Reports. %che+uer Reports.

Crompt. 'ees. & Rosc. Crompton, 'eeson, and Roscoe's

Cross on Liens. Cross' 4reatise on\ the La# of Liens and Stoppage in 4ransitu. Cru. Dig. or Cruise's Dig. Cruise's Digest of the La# of Real /roperty. Cul. Culpa*lilis, guilty8 non cul. not guilty8 a plea entered in actions of trespass. Cul. prit., commonly #ritten culprit8 cul., as a*o-e mentioned, means culpa*ilis, or culpa*le8 and prit, #hich is a corruption of pret, signifie ready. 9 Chitty Cr. La#. I9A. Cull. Ban0r. L. Cullen's /rinciples ofhte Ban0rupt La#.

Cun. Cunningham's Reports. Cunn. Dict. Cunningham's Dictionary. Cur. ad-. -ult. Curia ad-isare -ult. 2ide Ampliation. Cur. Scacc. Cursus Scaccarii, the Court of the Star Cham*er. Cur. /hil. Curia /hilipica. Curs. Can. Cursus Cancellariae. Curt. R. Curteis' cclesiastical Reports.

Curt. Am. Sea. Curtis on American Seamen. Curt. on Copyr. Curtis on Copyrights. Cush. 4rust. /r. Cushing on 4rustee /rocess, or $oreign Attachment, of the La#s of 'assachusetts and 'aine. Cust. de !orm. Custome de !ormandie.

D. dialogue8 as, Dr. and Stud. D. E, c. EI, or Doctor and Student, dialogue E, chapter EI. D. dictum8 D. Digest of 5ustinian. D. 4he Digest or /andects of the Ci-il La#, is sometimes cited thus, D.A.9.D. D. C. District Court8 District of Colum*ia. D. C. L. Doctor of the Ci-il La#. D. Chipm. R. D. Chipman's Reports. D. S. B. De*it sans *re-e.

D. S. Deputy Sheriff. D.& C. Do# and Clar0's Reports. D.& C. Deacon & Chitty's Reports. D.& . Durnford & ast's Reports. 4his *oo0 is also cited as 4erm Reports, a**re-iated as 4.R. D.& L. Danson & Lloyd's 'ercantile Cases. D.& '. Da-idson's & 'eri-ale's Reports. D.& R. Do#ling and Ryland's Reports. D.& R. !. /. C. Do#ling and Ryland's Reports of Cases decided at !isis /rius. D.& S. Doctor and Student. D.& 7. Drury & 7alsh's Reports. D8Aguesseau, @eu-res. @eu-res completes du Chancellier D'Aguesseau. Dat. Cr. L. Dagge's Criminal La#. Dal. Dalison's Reports. See Benl. Dall. Dallas' Reports. Dall. Dallas' La#s of /ennsyl-ania. Dallo=, Dict. Dictionaire 1eneral et raisonne de legilation, de Doctrine, et de 5urisprudence, en matiere ci-ile, commerciale, criminelle, administrati-e, et de Droit /u*lic. /ar Armand Dallo=, ,eune. Dalr. $eud. /r. Dalrymple's ssay, or 3istory of $eudal /roperty in 1reat Britain. Sometimes cited Dalr. $.L. Dalr. on nt. Dalrymple on the /olity of ntails.

Dalr. $. L. Dalrymple's $eudal la#. Dalt. 5ust. Dalton's 5ustice. Dalt. Sh. Dalton's Sheriff. D'An-. D'An-ers' A*ridgement. Dan. Ch. /r. Caniell's Chancery /ractice. Dan. @rd. Danish @rdinances. Dan. Rep. Daniell's Reports. Dan.& Ll. Danson & Lloyd's Reports. Dana's R. Dana's Reports. Dane's A*. Dane's A*ridgment of American La#. Da-. Da-ies' Reports. Da-. on /at. Da-ies' Collection of Cases respecting patents. Da#. Land. /r. Da#e's Da#. Real /r. Da#e's .ntroduction to the &no#ledge of the La# on Real states. pitome of the La# of Landed /roperty.

Da#. on Arr. Da#e's Commentaries on the La# of Arrest in Ci-il Cases. Da#s. @r. Leg. Da#son's @rigo Legum. Deac. R. Deacon's Reports. Deac.& Chit. Deacon & Chitty's Reports. De*. on 5ud. De*ates on the 5udiciary. Dec. temp. 3.& '. Decisions in Admiralty duringthe time of 3ay & 'arriott. Deft. Defendant. De 1e% & S'. R. De 1e% & Smale's Reports.

Den. Cr. Cas. Denison's Cro#n Cases. Den. Rep. Denio's !e# 6or0 Reports. Desaus. R. Desaussure's Chancery Reports. De-. R. De-ereu%'s Reports. De-. Ch. R. De-ereu%'s Chancery Reports. De-.& Bat. De-ereu% & Battle's Reports. Di. or Dy. Dyer's Reports. Dial. de Scac. Dialogus de Scaccario. Dic0. 5ust. Dic0inson's 5ustice. Dic0. /r. Dic0inson's /ractice of the "uarter of and other Sessions. Dic0. Dic0en's Reports. Dict. Dictionary. Dict. Dr. Can. Dictionnaire de Driot Canoni+ue. Dict. de' 5ur. Dictionnaire de 5urisprudence. Dig. Digest of #rits. Dig. 4he /andects or Digest of the Ci-il La#, cited as Dig. 9,E,D,A, for Digest, *oo0 9, E, la# D, sections A. Disn. on 1am. Disney's La# of 1aming. Doct. & Stud. Doctor and Student. Doct. /l. Doctrina /lacitandi.


ng. La#. Doderidge's

nglish La#yer.

Dods. R. Dodson's Reports. Dom. Domat, Lois Ci-illes. Dom. /roc. Domo /rocerum. .n the 3ouse of Lords. Domat. Lois Ci-illes dans leur ordre naturel. /ar '. Domat. Dougl. Douglas' Reports. Doug. Dougls' l. Cas. lection Cases.

Dougl. ('ich.) R. Dougls' 'ichigan Reports. Do#. or Do#. /.C. Do#'s /arliamentary Cases. Do# & Clar0e, Do# and Clar0e's Reports of Cases in the 3ouse of Lords. Do#l. /. C. Do#ling's /ractical Cases. Do#.& R. !. /. Do#ling and Ryan's !isi /rius Cases. Do#.& Ry. '.C. Do#ling & Ryan's Cases for 'agistrates. Do#.& Ry. Do#ling and Ryland's Reports. Dr.& St. Doctor and Student. Dre#. on .n,. Dre#ry on .n,unctions. Dru.& 7al. Drury and 7alsh's Reports. Dru.& 7ar. Drury &7arren's Reports. Du*. Du*itatur. Dudl. R. Dudley's La# and +uity Reports.

Dug. S. or Dugd. Sum. Dugdale's Summons. Dugd. @rig. Dugdale's @rigines.

Dug. Sum. Dugdale's Summonses Du0e. or Du0e's Ch. >ses. Du0e's La# of Charita*le >ses. Dunl. /r. Dunlap's /ractice. Dunl. Admr. /r. Dunlap's Admiralty /ractice. Duponc. on 5ur. Duponceau on 5urisdictions. Duponc. Const. Duponceau on the Constitution. Dur. Dr. $R. Duranton, Droit $rancais. Durnf.& ast. Durnford & ast's Reports, also cited D.& . or 4.R.

Du-. Dr. Ci-. $r. Du-ergier, Droit Ci-il $rancais. 4his is a continuation of 4ouiller's Droit Ci-il $rancais. 4he first -olume of Du-ergier is the si%teenth -olume of the continuation. 4he #or0 is sometimes cited 9A 4oull. or 9A 4oullier, instead of *eing cited 9 Du-. or 9 Du-ergier, etc. D#ar. on Stat. D#arris on Statutes. Dy. Dyer's Reports.

. .

aster 4erm. d#ard8 as F . H, c. F.

. of Co-. .C.L.R. (+.-.)

arl of Co-entry's Case. nglish Common La# Reports, sometimes cited ng. Com. La# Rep.

.g., usually #ritten e.g., e%empli gratia8 for the sa0e of an instance or e%ample.

./.C. or ast, /.C. ccl.

ast, /.C.

ast's /leas of the Cro#n.

ast's /leas of the Cro#n.

cclesiastical. cclesiastical La#. cclesiastical Reports. 2ide dition. d. 9, c. F. ng. ccl. Rep.

ccl. La#. ccl. Rep. d. or d. dit.

d#ard8 as, H

d. .n,. d.

den on .n,unction. den's +uity Reports. den's /rinciples of /enal La#. %che+uer /ractice.

+. Reps.

d. /rin. /en. La#. dm. %ch. /r.


d#. Ad. Rep. d#. Lead. Dec. d#. on /art. d#. on Rec. li=.

d#ard's Admiralty Reports. d#ard's Leading Decisions. d#ard's on /arties to Bills in Chancery. d#ards on Recei-ers in Chancery. li=. c.9D.

li=a*eth8 as, 9H

llis on D. and Cr. lm on Dil. lmes on

llis on the La# relating to De*tor and Creditor. cclesiastical and Ci-il Dilapidations.

lsyn on /arl. ncycl. ng.

lsynge on /arliaments. ncyclopedie.

ncycloaedia, or

nglish. nglish Chancery Reports. 2ide Cond. Ch. R. (See App. A.) nglish Common La# Reports. cclisiastical Reports.

ng. Ch. R.

ng. Com. La# Rep. ng. cc. R. nglish

ng. /lead.

nglish /leader.

ngl. Rep. od.

nglish's Ar0ansas Reports.

odem, under the same title.

od. tit. .n the same title. +. Ca. A*. +. Draft. rs0. .nst. +uity Cases A*ridged. +uity Draftsman. rs0in'e .nstitute of the La# of Scotland. rs0ine's /rinciples of the La#s of

rs0. /rin. of La#s of Scotl. Scotland. sp. !./.

spinasse's !isi /rius. spinasse's !isi /rius Reports. spinasse on -. -idence. -idence.

sp. !. /. R. sp. on -.

sp. on /en.

spinasse on /enal s+. s+uire.

t. al. unom.

t alii, and others. unomus. -an's Collection of Statutes.

-. Col. Stat. -. on /l. -. 4r. %. or %ec%.

-ans on /leading.

-ans' 4rial. %or. %ecutor.

%ecutri%. %che+uer Reports. 2ide Cond. %p. %pired. %ton's 'aritime Dicaeologie. %ch. R p.

%ch. Rep. %ec.


%ton's 'ar. Di-aeo. %tra-. %tra-agants.

$. $inalis, the last or latter part. $. $it=her*ert's A*ridgment. $.& $. $alconer & $it=her*ert's Reports. $. R. $orum Romanum. $.& S. $o% & Smith's Reports. $. !. B. $it=her*ert's !atura Bre-ium. $airf. R. $airfield's Reports. $ac. Coll. $aculty Collection8 the name of a set of Scotch Reports. $alc. & $it=h. $alconer & $it=her*ert's lection Cases.

$ar. $arresly, (: 'od. R p.) is sometimes so cited. $arr's 'ed. 5ur. $arr's lements of 'edical 5urisprudence.

$earn. on Rem. $earne on Remainders. $ell. on 'er. 1uar. $ell on 'ercantile 1uaranties. $erg. on '.& D. $erfusson on 'arriage and Di-orce. $erg. R. $ergusson's Reports of the Consistorial Court of Scotland. $f. or ff. /andects of 5ustinian< a careless #ay of #riting the 1ree0 K. $err. 3ist. Ci-. L. $erriere's 3istory of the Ci-il La#. $err. 'od. $erriere 'oderne, on !ou-eau Dictionnaire des 4ermes de Droit et de /rati+ue. $ess. on /at. $essenden on /atents. $i. fa. $ieri $acias. $ield's Com. La#. $ield on the Common La# of ngland.

$ield. on /enl La#s. $ielding on /enal La#s. $inch. $inch's La#8 or a Discourse thereof, in fi-e *oo0s. $inch's /r. $inch's /recedents inChancery. $inl. L. C. $inlayson's Leading Cases on /leading. $ish. Copyh. $isher on Copyholds. $it=. C. $it=gi**on's Cases. $it=h. $it=her*ert's A*ridgment $it=h. !at. Bre. $it=her*ert's !atura Bre-ium. $l. or $leta. ACommentary on the author, in the time of nglish La#, #ritten *y an anonymous

d#ard .., #hile a prisoner in the $leet.

$letch. on 4rusts. $letcher on the states of 4rustees.

$loy. /roct. /r. $loyer's /roctor's /ractice. $ol. $oley's /oor La#s. $ol. $olio. $on*. $on*lan+ue on +uity.

$on*. 'ed. 5ur. $on*lan+ue on 'edical 5urisprudence. $orr. $orrester's Cases during the time of Lord 4al*ot, commonly cited Cas. 4emp.4al*. $or. /la. Bro#n's $ormulae /lacitandi. $or*. on Bills. $or*es on Bills of %change.

$or*. .nst. $or*es' .nstitutes of the La# of Scotland.


%ch. Rep. $orrest's

%che+uer Reports.

$ors. on Comp. $orsyth on the La# relating to Composition #ith Creditors. $ortesc. $ortescue, De Laudi*us Legum Angliae. $ortesc. R. $ortescue's Reports, temp. 7m. and Anne. $ost. or $ost. C.L. $oster's Cro#n La#. $o%.& Sm. $o% & Smith's Reports. $r. $ragmentum. $ra. or $ra. 'a%. $rancis' 'a%ims. $r. @rd. $rench @rdinance. Sometimes cited @rd. de la 'ar. $ras. lect. Cas. lection Cases.


$red. Co. $rederician Code. $reem. $reeman's Reports. $reem. C. C. $reeman's Cases in Chancery. $reem. ('is.) R. $reeman's Reports of Cases decided *y the Superior Court of Chancery of 'ississippi.

1. 1eorge8 as, 9H 1. 9, c. EF. 1. & 5. 1lyn & 5ameson's Reports. 1. & 5. 1ill & 5ohnson's Reports. 1. '. Dudl. Repo. 1. '. Dudley's Reports. 1ale & Da-. 1ale & Da-idson's Reports. 1ale's Stat. 1ale's Statutes of .llinois.

1all. or 1all. Rep. 1allison's Reports. 1arde on -. lementary

1arde's /ractical 4reatise onthe 1eneral /rinciples and Rules of the La# of -idence. 1eo. 1eorge8 as, 9H 1eo. 9, c. EF. 1eo. Dec. 1eorgia Decisions. 1eo. Li*. 1eorge on the @ffence of Li*el. 1i*. on D.& !. 1i**ons on the La# of Dilapidations and !uisances. 1i*s. Code%. 1i*son's Code% 5uris Ci-ilis. 1il*. R. 1il*ert's Reports. 1il*. -. 1il*ert's -idence.

1il*. >. & 4. 1il*ert on >ses and 4rusts. 1il*. 4en. 1il*ert on 4enures. 1il*. on Rents. 1il*ert on Rents. 1il*. on Rep. 1il*ert on Reple-in. 1il*. 1il*. %. 1il*ert on %ch. 1il*ert's %ecutions. %che+uer.

1il*. $or. Rom. 1il*ert's $orum Romanum. 1il*. &. B. 1il*ert's &ing's Bench. 1il*. Rem. 1il*ert on R mainders. 1il*. on De-. 1il*ert on De-ises. 1il*. Le%. praet. 1il*ert's Le% /raetoria. 1ill & 5ohn. 1ill & 5ohnson's Reports.

1ill's R. 1ill's Reports. 1ilm. R. 1ilmer's Reports. 1ilp. R. 1ilpin's Circuit Court Reports. 1l. 1lossa, the 1loss. 1lan-. 1lan-ille's 4reatise of the La#s and Customs of 1lassff. -. 1lassford on -idence. ngland.

1lo-. 'un. Corp. 1lo-er on 'unicipal Corporations, or 1lo-. on Corp. 1lo-er on the La# of 'unicipal Corporations. 1lyn. & 5am. 1lyn & 5ameson's Reports of Cases in Ban0ruptcy. 1od*. 1od*olt's Reports. 1odolph. Ad. 5r. 1odolphin's 2ie# of the Admiralty 5urisdiction. 1odolph. Rep. Can. 1odolphin's Repertorium Canonicum. 1odolph. 1odolphin's @rphan's Legacy. 1ods. on /at. 1odson's 4reatise on the La# of /atents. 1oldesh. 1oldeshorought's Reports. 1olds. 1oldshorough's Reports. 1ord. on Dec. 1ordon on the La# of Decedents in /ennsyl-ania. 1ould on /l. 1ould on the /rinciples of /leading in Ci-il Actions. 1o# on /art. 1o# on /artnership. 1rah. /r. 1raham's /ractice. 1rah. !.4. 1raham on !e# 4rials. 1rand. Cout. 1rand Coutumier de !ormandie, (+.-.) 1rady on $i%t. 1rady on the la# of $i%tures.

1rant on !e#. 4r. 1rant on !e# 4rials. 1rant's Ch. /r. 1rant's Chancery /ractice. 1ratt. R. 1rattan's 2irginia Reports. 1reen's B.L. 1reen's Ban0rupt La#s. 1reen's R. 1reen's Reports. 1reenl. on -. 1reenleaf's -idence.

4reatise on the La# of

1reenl. @-. Cas. 1reenleaf's @-erruled Cases. 1reenl. R. 1reenleaf's Reports. 1reen# on Courts. 1reen#ood on Courts. 1res. +. -. 1resley's +uity -idence.

1rif. R g. 1riffith's La# Register. 1rim0. on %. 1rim0e on the Duty of %ecutors and Administrators.

1ris#. Rep. 1ris#old's Reports. 1rot. 1rotius de 5ure Belli. 1ude's /r. 1ude's /ractice on the Cro#n side of &ing's Bench, &c.81#ill. 1#illim's 4ithe Cases.

3. 3enry8 as, 9C 3. :, c. 9D. 3. 3ilary 4erm. 3.A. 3oc Anno 3.-. commonly #ritten in small letters h.-. hoc -er*o. 3. of L. 3ouse of Lords. 3. of R. 3ouse of Representati-es. 3.& B. 3udson & Broo0e's Reports.

3.& 1. 3arris & 1ill's Reports. 3.& 5. 3arris & 5ohnson's Reports. 3. Bl. 3enry Blac0ston'es Reports. 3. 3. C. L. 3ale's 3istory ofthe Common La#. 3.& '. 3enning and munford's Reports. 3.& ''3. or 3arr. & ''3en. 3arris & ''3enry's Reports. 3a*. fa. seis. 3a*ere facias seisinam. 3. /. C. 3ales' /leas of the Cro#n. 3.t. usually put in small letters, h.t. hoc titulo. 3a*. Corp. 3a*eas Corpus. 3a*. fa. pos. 3a*ere facias possessionem. 3agg. Ad. R. 3aggard's Admiralty Reports. 3agg. cc. R. 3aggard's cclesiastical Reports.

3agg. C. R. 3aggard's Reports in the Consistory Court of London. 3ale, /.C. 3ale's /leas of the Cro#n. 3ale's Sum. 3ale's Summary of /leas. 3ale's 5ur. 5. L. 3ale's 5ursidiction of the 3ouse of Lords. 3ale's 3ist. C.L. 3ale's 3istory of the Common La#. 3alif. Ci-. La#. 3alifa%'s Analysis ofthe Ci-il La#. 3all's R. 3all's Reports of Cases decided in the Superior Court of the city of !e# 6or0. 3al0. dig. 3al0erton's digest of the La# of Scotland relating ot 'arriage.

3all's Adm. /r. 3all's Admiralty /ractice. 3alst. R. 3alstead's Reports. 3amm. !. /. 3ammond's !isi /rius. 3am. R. 3ammond's (@hio) Reports. 3amm. on /art. 3ammond on /arties to Actions. 3amm. /l. 3ammond's Analysis of the /rinciples of /leading. 3amm. on $. ... 3ammond on $ire .nsurance. 3an. 3ansard's ntries.

3and's ch. /r. 3and's Chancery /ractice. 3and on $ines. 3and on $ines and Reco-eries. hand's Cr. /r. hand's Cor#n /ractice. hand on /at. hand on /atents. 3ans. /arl. Bed. hansard's /arliamentary De*ates. hard. 3ardress' Reports. 3ardin's R. 3ardin's Reports. 3are R. 3are's Reports. 3are & 7all. Sel. Dec. 3are & 7allace's Select Decisions of American Cases, #ith !otes. 3are on Disc. 3are on the Disco-ery of +uity. -idence *y Bill and Ans#er in

3arg. Coll. 3argra-e's 5uridical Arguments and collection. 3arg. St. 4r. 3argra-e's State 4rials. 3arg. %er. 3argra-e's %ercitations.

3arg. La# 4r. 3argra-e's La# 4racts. 3arp. L. R. 3arper's La# Reports. 3arp. +. R. 3arper's +uity Reports.

3arr. Ch. 3arrison's Chancery /ractice. 3arr. Cond. Lo. R. 3arrison's condensed Report of Cases in Superior Court of the 4erritory of @rleans, and in the Supreme Court of Louisiana. 3arr. Dig. 3arrison's Digest. harr. 3arris' nt. ntries.

3arr. ('ich.) R. harrington's Reports of Cases in the Supreme Court of 'ichigan. 3arr. & 1ill. 3arris & 1ill's Reports. harr. & 5ohn. 3arris & 5ohnso's Reports. 3arr. & ''3. 3arris & ''3enry's Reports. 3arringt. R. 3arrington's Reports. 3asl. 'ed. 5ur. 3aslam's 'edical 5urisprudence. 3a#0. /.C. 3a#0ins' /leas of the Cro#n. 3a#0's R. 3a#0's Reports. 3ay on st. An lementary 2ie# of the Common La# of uses, De-ises, and

4rusts, #ith reference to the Creation and Con-eyance of 3ayes. 3ay. on Lim. 3ayes on Limitations. 3ay. 3ayes' %ch. R. %che+uer Reports. states, *y 7illiam

3ays on R. /. 3ays on R al /roperty. 3eath's 'a%. 3eath's 'a%im's. 3ein. lem. 5uris. ci-. 3eineccii, ordinem .nstitutionum. 3ein. lem. 5uris. !at. 3eineccii, lementa ,uris Ci-ilis,secundum

lementa ,uris !aturae et gentium.

3en on $or. La#. 3enry on $oreign La#. 3en. 5. /. 3enning's 2irginia 5ustice of the /eace. hen. & 'unf. 3enning & 'unford's Reports. 3erne's Ch. >ses. 3erne's la# of Charita*le >ses. 3erne's /lead. 3erne's /leader. het. 3etley's Reports. 3ey#. on 3ey#ood on l. lections.

3ey#. L!.C.) R. 3ey#ood's !orth Carolina Reports. 3ey#. (4enn.) R. 3ey#ood's 4ennessee Reports. 3igh. 3ighmore. 3igh on Bail. 3ighmore on Bail. 3igh. on Lun. 3ighmore on Lunacy. 3igh. on 'ortm. 3ighmore on 'ortmain.

3ill. A*. 3illiard's A*ridgment of the La# of Real /roperty. 3ill's R. 3ill's Reports. 3ill's Ch. R. 3ill's Chancery Reports. 3ill on 4rust. A /ractical 4reatise on the La# relating to 4rustees, &c.83ind's /r. 3ind's /ractice. 3o*. 3o*art's Reports. 3odg. R. 3odge's Reports. 3odges on Rail#. 3odges on the La# of Rail#ays. 3offm. @utl. 3offman's @utlines of Legal Studies. 3offm. Leg. St. 3offman's Legal Studies. 3offm. Ch. /r. 3offman's Chancery /ractice. 3offm. 'as. Ch. 3offman's master in Chancery. 3offm. R. 3offman's Reports. 3og. R. 3ogan's Reports. 3og. St. 4r. 3ogan's State 4rials. 3olt on Li*. 3olt on the La# of Li*els. 3olt on !a-. 3olt on !a-igation. 3olt. R. 3olt's Reports. 3olt on Sh. 3olt on the La# of Shipping. 3op0. R. 3op0ins' Chancery Reports. 3op0. Adm. Dec. 3op0inson's Admiralty Decisions. 3ouard's Ang. Sa%. La#s. 3ouard's Anglo Sa%on la#s and Ancient La#s of the $rench. 3ouard's dict. 3ouard's Dictionary of the Customs of normandy.

3ough C. '. 3ough on Courts 'artial. 3o-. $r. 3o-enden on $rauds. 3o-. Supp. 3o-enden's Supplement to 2esey 5unior's Reports. 3o#. St. 4r. 3o#ell's State 4rials. 3o#e's /r. 3o#e's /ractice in Ci-il Actions and /roceedings at La# in 'assachusetts. 3o#. /r. R. 3o#ard's /ractice Reports. 3u*. on Suc. 3u**ac0 on Successions. 3uds. & Bro. 3udson & Broo0e's Reports. 3ugh. A*. 3ughes' A*ridgment. 3ugh. ntr. 3ughes' ntries.

3ugh. on 7ills. 3ughes on 7ills. 3ugh. R. 3ughes' Reports. 3ugh. @r. 7rits. 3ughes' Comments upon @riginal 7rits. 3ugh. .ns. 3ughes on .nsurance. 3ugh. on 7ills. 3ughes' /ractical Directions for 4a0ing .nstructions for Dra#ing 7ills. 3ull. on Costs. 3ulloc0 on the La# of Costs. 3ult. on Con-. 3ulton on Con-ictions. 3umph. R. 3umphrey's Reports. 3ume's com. 3ume's Commentaries on the Criminal La# of Scotland. 3ut. 3utton's Reports.

.. 4he .nstitutes of 5ustinian (+.-.) are sometimes cited, ..9, H, I. .. .nfra, *eneath or *elo#. .*. .*idem.

.ctus. 5urisconsultus. 4his a**re-iation is usually #ritten #ith an ., though it #ould *e more proper to #rite it #ith a 5, the first letter of the #ord 5urisconsultus8 c is the initial letter of the third sylla*le, and tus is the end of the #ord. .d. .dem. .l Cons. del 'ar. .l Consolato del 'are. See Consolato del 'are, in the *ody of the #or0. .mp. /r. C. /. .mpey's /ractice in the common /leas. .mp. /r. &. B. .mpey's /ractice in the &ing's Bench. .mp. /l. .mpey's 'odern /leader. .mp. Sh. .mpey's @ffice of Sheriff. .n f. .n fine, at the end of the title, la#, or paragraph +uoted. .n pr. .n principio, in the *eginning and *efore the first paragraph of a la#. .n princ. .n principio. .n the *eginning . .n sum. .nsumma, in the summary. .nd. .nde%. .nf. .nfra, *eneath or *elo#. .ng. Dig. .ngersoll's Digest of the la#s of the >nited States. .ng. Roc. .ngersoll's Roccus. .ngr. on .nsol-. .ngraham on .nsol-ency. .n,. .n,unction. .ns. .nsurance.

.nst. Co0e on Littleton, is cited Co. Lit. or 9 .nst., for $irst .nstitute. Co0e's magna Charta, is cited Co. '.C. or E .nst., for Second .nstitute. Co. /. C. Co0e's /leas of the Cro#n, is cited H .nst., for 4hird .nstitute. Co. on Courts. Co0e on Courts, is cited I .nst., for $ourth .nstitute. .nst. .nstitutes. 7hen the .nstitutes of 5ustinian are cited, the citation is made thus8 .nst. I, E, 98 or .nst. li*. I, tit. E, l. 98 to signify .n stutues, *oo0 I, tit. E, la# 9. Co0e's .nstitutes are cited, the first, either Col Lit. or 9 .nst., and the others E .nst., H .nst., and I .nst. .nst. Cl. or .nst. Cler. .nstructor Clericalis. .nst. 5ur. Angl. .nstitutiones 5uris Anglicani, *y Doctor Co#ell. .ntrod. .ntroduction. .r. +. R. .rish +uity Reports.

.r. 4. R. .rish 4erm Reports. Sometimes cited Ridg. .rish. 4. R. (+.-.)

5. 5ustice. 5. institutes of 5ustinian. 5. C. 5uris Consultus. 5. C. /. 5ustice ofthe common /leas. 5. 1lo. 5uncta 1lossa, the 1loss ,oined to the te%t +uoted.

5. 5. 5ustices. 5. 5. 'arsh. 5.5. 'arsha''s (&entuc0y) Reports. 5. &. B. 5ustice of the &ing's Bench. 5. /. 5ustice of the /eace. 5. ". B. 5ustice ofthe "ueen's Bench. 5. >. B. 5ustice of the >pper Bench. During the Common#ealth of the nglish Court of the &ing's Bench #as called the >pper Bench. 5ac. 5aco*us, 5ames8 as, I 5ac. 9, c. 9. 5ac. .ntrod. 5aco*'s .ntroduction to the Comm, Ci-il, and Canon La#. 5ac. L. D. 5aco*'s la# Dictionary. ,ac. L. 1. 5aco*'s la# 1rammar. 5ac. Le%. 'er. ,aco*'s Le% 'ercatoria, or the 'erchant's Companion. 5ac. R. 5aco*'s Chancery Reports. 5ac. & 7al0. 5aco* & 7al0er's Chancery Reports. 5ac0. /l. 5ac0son on /leading. 5arm. on 7ills. 5arman on the La# of 7ills. 5arm. /o#. De-. /o#ell on De-ises, #ith !otes *y 5arman. 5e**'s .r. Cr. Cas. 5e**'s .rish Criminal Cases. 5eff. 'an. 5efferson's 'anual. 5eff. R. 4homas 5efferson's Reports. 5en0. 5en0ins' ight Centuries of Reports8 or solemnly ad,udged in ight 3undred Cases

the %che+uer Cham*er, or upon 7rits of to E9 &. 5ames .. 5er. 5eremy. 5er. on Carr. 5eremy's La# of Carriers. 5er. +. 5ur. 5eremy on the

rror, from &. 3enry ...,

+uity 5urisdiction

of the 3igh Court of


5er. on Cor. 5er-is on Coroners. 5ohn. Cas. 5ohnson's Cases. 5ohn. R. 5ohnson's Reports. 5ohn. Ch. R. 5ohnson's Chancery Reports. 5ohn. ccl. La#. 5ohnson's cclesiastical La#.

5ohns. Ci-. L. of Sp. 5ohnson's Ci-il La# of Spain. 5ohns. on Bills. 4he La# of Bills of Chec0s, &c., *y Cuth*ert 7. 5ohnson. 5on. Sir 7m. 5ones' Reports. 5on. & Car. 5ones and Carey's Reports. 5on. on Li*. 5ones, De Li*ellis $amosis, or the La# of Li*els. 5on. .nst. 3.nd. L. 5ones' .nstitutes of 3indoo La#s. 5on. (9) Sir 7. 5ones' Reports. 5on. (E) Sir 4. 5ones' Reports. 5on. 4. 4homas 5ones' Reports. 5on. on Bailm 5ones' La# of Bailments. %change, /romissory !otes,

5ones' .ntr. 5ones' .ntroduction to Legal Science. 5oy on -. Acc. 5oy on the -idence of Accomplices.

5oy on Chal. 5oy on Challenge to 5urors. 5oy Leg. d. 5oy on Legal ducation.

5ud. Chr. 5udicial Chronicle. 5ud. Repos. 5udicial Repository. 5udg. 5udgments. 5r. ccl. 5ura cclesiastica, or a 4reatise of the and Courts, interspersed #ith -arious cases of La# and +uity. cclesiastical La#

5r. 'ar. 'olloy's 5ure 'aritimo. Sometimes cited 'olloy. 5us. !a-. 4hod. 5us !a-ale 4hodiorum. 5ust. .nst. 5ustinian's .nstitutes.

&. B. &ing's Bench. &. C. R. Reports in the time of Chancellor &ing. &.& @. &napp & @m*er's &ames on &ames' lection Cases. +uity.

+. &ames' /rinciples of ss. &ames' ssays.

&ames' 3ist. L. 4. &ames' 3istorical La# 4racts. &eat. $am. Settl. &eating on $amily Settlements. &e*. &e*le's Reports. &e*. Stat. &e*le's nglish Statutes.

&een's R. &een's Reports. &eil or &eil#. &eil#ays' Reports.

&el. Sir 5ohn &elyng's Reports. &el. 9,E, or 7. &el. 7illiam &elyng's Reports, t#o parts. &elh. !orm L. D. &elham's !orman $rench La# Dictionary. &ell. R. &elly's Reports. &en. on 5ur. &ennedy on 5uries. &ent. Com. &ent's Commentaries on American La#. &eny. &enyon's Reports of the Court of &ing's Bench. &it. or &itch. &itchen on Courts. &na.& @m*. &napp & @m*er's lection Cases.

&napp's A. C. &napp's Appeal Cases. &napp's R. &napp's /ri-y Council Reports. &yd on A#. &yd on the La# of A#ards. &yd on Bills. &yd on the La# relating to Bills of &yd on Corp. &yd on the La# of Corporations. L, in citation means la#, as L. 9, HH. $urtum, ff de $urtis, i.e. la# 9, section or paragraph *eginning #ith the #ord $urtum8 ff, signifies the Digest, and the #ords de $urtis denote the title. L. signifies also li*er, *oo0. L.& 1. Lloyd's & 1oold's Reports. L.& 7. Lloyd & #elshy's 'ercantile Cases. LL. La#s, as LL. 1ul. 9, c. IE. La#s of 7illiam .. chapter IE8 LL. of >.S., La#s of the >nited States. %change.

L.S. Locus sigili. L.R. Louisiana Reports. La. Lane's R ports. Lalaure, des Ser. 4raite des Ser-itudes reelles, par '. laalaure. Lam*. Archai. Lam*ard's Archaionomia. Lam*. iren. Lam*ard's irenarcha.

Lam*. on Do#. Lam*ert on Do#er. Lat. Latch's Reprts. Laus. on +. laussat's ssay on +uity /ractice in /ennsyl-ania.

La#. on Chart. part. La#es on the La# of Charter /arties. La#. Li*. La# Li*rary. La# Rep. La# Reporter. La#s La#s' ccl. La#. cclesiastical La#.

La# .ntel. La# .ntelligencer. La# $r. & latin Dict. La# $rench and Latin Dictionary. La#. /l. la#es' lementary 4reatise on /leading in Ci-il Actions.

La#. /l. in Ass. La#es' 4reatise on /leading in Assumpsit. La#s of 7om. La#s of 7omen. La#y. 'ag. la#yer's maga=ine. Le. Ley's Reports. Leach. Leach's Cases in Cro#n La#. Lec. lm. Lecons lementaire du Driot Ci-il Romain. -idence of A*stracts of 4itle to Real

Lee A*st. 4it. Lee on the

/roperty. Lee on Capt. Lee's 4reatise of Captures in 7ar. Lee's Dict. Lee's Dictionary of /ractice. Lee's Lee's ccl. R. cclesiastical Reports.

Leg. Bi*l. Legal Bi*liography, *y 5.1. 'ar-in. Leg. Legi*us. Leg. @*s. Legal @*ser-er. Le*. @ler. 4he La#s of @leron. Leg. on @utl. Legge on @utla#ry. Leg. Rhod. 4he La#s of 4hodes. Leg. ult. 4he Last La#. Leg. 7ish. La#as of 7ishury. Leigh & Dal. on Con-. Leigh & Dal=ell on Con-ersion of /roperty. Leigh's R. Leigh's Reports. Leigh's !./. Leigh's !isi /rius. Leo. or Leon. Leonard's Reports. Le-. Le-in=' Reports. Le-. nt. Le-in='s ntries.

Le#. C. C. Le#in's Cro#n Cases. Le#. Cr. La#. An A*ridgment of the Criminal La# of the >nited States, *y llis Le#is. Le#. on 4r. Le#in on 4rusts. Le#. on /erp. Le#in on the La# of /erpetuities.

Le% 'an. Le% maneriorum. Le% 'er. Le% 'ercatoria. Le% 'er. Am. Le% 'ercatoria Americana. Le% /arl. Le% /arliamentaria. Ley. Ley's Reports. Li*. Li*er, *oo0. Li**. Ass. Li*er Assisarum. Li*. nt. @ld Boo0 of ntries.

Li*. $eud. Li*er $eudorum. Li*. .ntr. Li*er .ntrationum8 or @ld Boo0 of Li*. !ig. Li*er !iger. Li*. /l. Li*er /lacitandi. Li*. Reg. Register Boo0s. Li*. Ru*. Li*er Ru*er. Li*. 4en. Li*erum 4enementum. Lid. 5ud. Ad-. Liddel's Detail of the Duties of a Deputy 5udge Ad-ocate. Lill. ntr. Lilly's ntries. ntries.

Lill. Reg. Lilly's Register. Lill. Rep. Lilly's Reports. Lill. Con-. Lilly's con-eyancer. Lind. Linde#ooode's /ro-inciale8 or /ro-incial Constitutions of ngland, #ith the Legantine Constitutions of @tho and @tho*ond. Litt. s. Littleton, section. Litt. R. Littell's Reports.

Litt. Rittleton's Reports. Litt. Sel. Cas. Littell's Select Cases. Litt. 4en. Littleton's 4enures. Li-. Li-re, *oo0. Li-. on Ag. Li-ermore on the La# of /rincipal and Agent. Li-. Syst. Li-ingston's System of /enal La# for the State of Louisiana. 4his #or0 is sometimes cited Li-ingston's Report on the /lan of a /enal Code. Li-erm. Diss. Li-ermore's dissertations on the Contrariety of La#s. Llo.& 1o. Lloyd & 1oold's Reports. Llo.& 1o. t. Sudg. Lloyd & 1oold's Reports, during the time of Sugden. Llo.& 1o. t. /lun0. Lloud & 1oold during the time of /lun0ett. Llo.& 7elsh. Lloyd & 7elshy's Reports of Cases relating to Commerce, 'anufactures, &c., determined in the Courts of Common La#. Loc. cit. Loco citato, the place cited. Log. Comp. Compendium of the La# of Rome, *y 5ames Logan. Lofft. Lofft's Reports. Lois des Batim. Lois des Batimens. Lom. Dig. Loma%'s Digest of the La# of Real /roperty in the >nited States. Lom. %. ngland, Scotland, and Ancient

Loma% on


Long. "uint. 6ear Boo0, part 9B 2ide 6ear Boo0. Louis Code. Ci-il Code of Louisiana. Louis. R. Louisiana Reports. Lo-el. on 7ills. Lo-elass on 7ills. Lo#n. Leg. Lo#ndes on the La# of Legacies. Lu*e, /l. +. An Analysis of the /rinciples of +uity /leading, *y D. 1.

Lu*e. Luder's elec. Cas. Luder's lection Cases.

Luml. Ann. Lumley on Annuities. Luml /arl. /r. Lumley's /arliamentary /ractice. Luml on Settl. Lumley on Settlements and Remo-al. Lut. Lut#. Lut#yches' Reports. nt. Lut#yche's entries.

'. 'ichaelmas 4erm. '. 'a%im, or 'a%ims. '. 5ary8 as I 'ary st.H, c.9. '.& A. 'ontagu & Ayrton's Reports of Cases of Ban0ruptcy. '.& B. 'ontagu and *ligh's Cases in Ban0ruptcy. '.& C. 'ylne &Craig's Reports. '.& C. 'ontagu & Chittys' Reports.

'.& 1. 'anning & 1ranger's Reports. '.& 1. 'addoc0 & 1eldart's Reports. '.1.& S. 'anning, 1ranger & Scott's Reports. '.& &. 'ylne & &een's chancery Reports. '.& '. or 'o.& 'al0. Rep. 'oody & 'al0in's !isi /rius Reports. '. /. %ch. 'odern /ractice %che+uer.

'.& /. 'oore & /ayne's Reports. '.R. 'aster ofthe Rolls. '. R. 'artin's Reports of the Supreme Court of the State of Louisiana. '.& R. 'anning & Ryland's Reports. '.& S. 'oore & Scott's Reports. '.& S. 'aule & Sel#yn's Reports. '.& 6. or 'art. & 6erg. 'artin & 6erger's Reports. '.& 7. 'eeson & 7elshy's Reports. '. D.& 1. 'ontagu, Daecon & 1e%'s Reports of Cases in Ban0ruptcy. ''Arth. C. '. ''Arthur on Courts 'artial. ''Cl & 6o. ''Clelland & 6ounge's ''Clel. . R. ''Clelland's %che+uer Reports.

%che+uer Reports.

''Cord's Ch. R. ''Cord's Chancery Reports. ''Cord's R. ''Cord's Reports ''&in. /hil. -. ''&innon's /hilosophy of -idence.

''!aght. C. '. ''!aghton on Courts 'artial. 'cLean & Ro*. 'cLean & Ro*inson's Reports. ''Lean R. ''Lean's Reports. 'acn. on !ull. 'acnamara on !ullities and .rregularities in the /ractice of the La#.


-. 'acnally's Rules of

-idence on /leas of the Cro#n.

'acph. on .nf. 'acpherson on .nfants. 'ac+. on 3.& 7. 'ac+ueen on 3ushand and 7ife. 'ad. %hc. 'ado%'s 3istory ofthe %che+uer.

'ad. $orm. 'ado%'s $ormulare Anglicanum. 'add.& 1eld. 'addoc0's & 1eldart's Reports. 'add., 'add. R. 'addoc0's chancery R ports. 'add. /r. or 'add. Ch. 'addoc0's Chancery /ractice. 'ag. .ns. 'agens on .nsurance. 'al. 'alyne's Le% 'ercatoria. 'an. 'anuscript. 'an.& 1ra. 'anning & 1ranger's Reports. man. 1r.& Sc. 'anning, 1ranger & Scott's Reports. 'an.& Ry. 'anning & Ryland's Reports. 'an*. on $ines. 'an*y on $ines. 'an. Comm. 'anning's Commentaries of the La# of !ations. 'ann. %ch. /r. 'anning's %che+uer /ractice.

mans. on Dem. 'ansel on Demurrers. 'ans. on Lim. 'ansel of the La# of Limitations. 'an#. 'an#ood's $orest La#s. mar. 'aritime. mar. !.C. 'arch's !e# Cases. 'ar. R. march's Reports.

'arg. margin. 'arr. Adm. Dec. 'arriott's Admiralty Decisions. 'arr. $orm. .nst. marriott's $ormulare .nstrumentorum8 or a $ormulary of Authentic .nstruments, 7rits, and Standing orders used in the Court of Admiralty of 1reat Britain, of /ri=e and .nstance. 'arsh. 'arshall's Reports in the Court of Common /leas. A. 'arsh. 'arshall's (&ty.) Reports. 5. 5. 'arsh. 5. 5. 'arshall's Reports. 'arsh. .ns. 'arshall on the La# of .nsurance. 'arsh. Decis. Broc0en*rought's Reports of Chief 5>stice marshall's Decisions. 'art. la# !at. 'artin's La# of !ations. 'art. (!.C.) R. 'artin's !orth Carolina Reports. 'art. (Lo.) R. 'artin's Louisiana Reports. 'ar-. Leg. Bi*l. 'ar-in's Legal Bi*liography. 'art.& 6erg. 'artin & 6erger's Reports. 'art. !. S. 'artin's Louisiana Reports, ne# series. Sason R. mason's circuit Court Reports. 'ass. R. 'assachusetts Reports. 'ath. on /res. 'athe# on the Doctrine of /resumption and /resumpti-e -idence. 'atth. on /rt. 'atthe#s on /ortion. 'atth. on %. 'atthe#s on Literary /roperty. %ecutors. maugh. Lit. /r. 'aughan on

'aule & Sel#. 'aule & Sel#yn's Reports. 'a%.

'a%ims. 'a%#. L. D. 'a%#ell's Dictionary of the La# of Bills of 'a%#. on 'ar. L. La%#ell's Spirit of the 'arine La#s. 'ayn. 'aynard's Reports. See 6ear Boo0s in the *ody of the #or0. 4he first part of the 6. B. is sometimes so cited. 'ed. 5r. 'edical 5urisprudence. 'ees. & 7els. 'eeson & 7elshy's Reports. 'eigs, R. 'eigs' 4ennessee Reports. 'er. R. 'eri-ale's Reports. 'erch. Dict. 'erchant's Dictionary. 'erl. "uest. 'erlin, "uestions de Driot. 'erl. Repert. 'erlin, Repertoire. 'errif. La# of Att. 'errifield's La# of Attorneys. 'errif. on Costs. 'errifield's La# of costs. 'etc. R. 'etcalf's Reports. 'etc. & /er0. Dig. Digest of the Decisions of the Courts of Common La# and Admiralty in the >nited States. By 4heron 'etcalf and 5onathan C. /er0ins. 'ich. 'ichaelmas. 'ich. Re-. St. 'ichigan Re-ised Statutes. 'iles' R. 'iles' Reports. 'ill. Ci-. La#. 'iller's ci-il La#. 'ill. .ns. 'illar's lements of the La# relating to .nsurances. %change, & c.

Sometimes this #or0 is cited 'ill. 'ill. on 'iller on +. 'ort. +uita*le 'ortgages.


'inor's Rep. 'inor's Ala*ama Reports,sometimes cited Ala. Rep. 'irch. onAd-. 'irehead on Ad-o#sons. 'irr. 'irroir des 5ustices. 'isso. R. 'issourti Reports. 'itf. /l. 'itford's /leadings in +uity. Also cited Redead. /l. Redesdale's /leadings. '@. Sir $rancis 'oore's Reports in the reign of &. 3enry 2...., ". li=a*eth, and &. 5ames. 'o.& 'al0. 'oody & 'al0in's Reports. 'o. C. C. 'oody's Cro#nCases. 'o. Cas. 'oody's !isi /rius and Cro#n Cases. 'od. or 'od. R. 'odernReports. 'od. Cas. 'odern Cases. 'od. C. L.& are . 'odern Cases in La# and +uity. 4he C & F 'odern Reports

sometimes so cited8 the Cth cited as the 9st, and the Fth as the Ed. 'od. ntr. 'odern entries.

'od. .nt. 'odus .ntrandi. 'ol. 'olloy, De ,ure 'iartimo. 'oll. R. 'olloy's chancery Reports. 'onr. R. 'onroe's Reports. 'ont. & Ayrt. 'ontagu & Ayrton's Reports.

'ont. B. C. 'ontagu's Ban0rupt Cases. 'ont. & Bligh. 'ontagu & Bligh's Cases in Ban0ruptcy. 'ont. & Chit. 'ontagu & Chitty's Reports. 'ont. onComp. 'ontagu on the La# of Composition. 'ont. B. L. 'ontagu on the Ban0rupt La#s. 'ont. on SetGoff. 'ontagu on SetGoff. 'ont. Deac. & 1e%. 'ontagu, Deacon & 1e%'s Reports of Cases in Ban0ruptcy, argued and determined in the Court of Re-ie#, and on Appeals to the Lord Chancellor. 'ont. Dig. 'ontagu's digest of /leadings in 'ont. +. /l. 'ontagu's +uity /leading. "uity.

'ont. & 'ac. 'ontagu & 'acArthur's Reports. 'ont. Sp. of La#s. 'ontes+uieu's Spirit of La#s. 'ontes+. 'ontes+uieu, sprit des Lois.

'oo. & 'al0. 'oody & 'al0in's Reports. 'oo. & Ro*. 'oody & Ro*inson's Reports. 'oore, R. 5. B. 'oore's Reports of Cases decided in the Court of Common /leas. 'oore's A. C. 'oore's Appeal Cases. 'oore & /ayne. 'oore & /ayne's Reports of Cases in C. /. 'oore & Scott. 'oore & Scott's Reports of Cases in C. /. 'ort. on 2end. 'orton's la# of 2endors and /urchasers of Chattels /ersonal. 'os. 'osely'sReports. 'SSM 'anuscripts8 as, Lord Colchester's 'SSM

'uch. D.& S. 'uchall's Doctor and Student. 'un. 'unicipal. 'unf. R. 'unford'sReports. 'urph. R. 'urphy's Reports. 'y. & &een. 'ylne & &een's ChanceryReports. 'yl.& Cr. 'ylne & Craig's Reports.

!. !um*er. !. or !o-. !o-ellae< the !o-els. !. A. !on allocatur. !. B. !ulla *ona. !. Benl. !e# Benloe. !.C. Cas. !orth Carolina Cases. !. C. La# Rep. !orth Carolina La# Repository. !. C. 4erm R. !orth Carolina 4erm Reports. 4his -olume is sometimes cited E 4ayl. !. Chipm. R. !. Chipman's Reports. !. . .. !on est .n-entus.

!. 3. Rep. !e# 3ampshire Reports. !. 3. & 1. !icholl, 3are & 1arro#'s Reports. !. L. !elson's editon of Lut#yche's Reports. !. L. !onli+uet. 2ide Ampliation. !.& '. !e-ille & 'anning's Repors. !.& /. !e-ille & /erry's Reports. !. /. !isi /rius.

!.& ''C. !ott & ''Cord's Reports. !.R. or !e# R. !e# Reports8 the ne# series, or I & D Bos. & /ull. Reports, are usually cited !. R. !. S. !e# Series of the Reports of the Supreme Court of Louisiana. !. 6. R. S. !e# 6or0 Re-ised Statutes. !ar. Con-. !ares on Con-ictions. !eal's $.& $. !eal's $easts and $asts8 an and /resent State ssay on the Rise, /rogress

of the La#s relating to Sundays and other 3olidays, and other days of fasting. !els. A*. !elson's A*ridgment. !els. Le% 'aner. !elson's Le% 'aneriorum. !els. R. !elson's Reports. nem. con. !emine contradicente, (+.-.) !em. Dis. nemine dissentiente. !e-. & 'ann. !e-ille & 'anning's Reports. ne-. & /er. !e-ille & /erry's Reports. !e# Benl. Benloe's Reports. Reports in the Reign of 3enry 2...., 2..,' /hil. and d#.

'ary, and li=a*eth, and other Cases in the times of Charles. By 7illiam Benloe. See Benl. !e# Rep. ne# Reports.A continuation of Bosan+uet & /uller's Reports. See B.& /. !e#f. Rep. !e#foundland Reports. ne#l. Contr. !e#land's 4reatise on Contracts. !e#l. Ch. /r. !e#land's Chancery /ractice.

!e#n. Con-. !e#nam on Con-eyancing. !i. /ri. !isi /irus. !ich. Adult. Bast. !icholas on Adulterine Bastardy. !ich. 3ar. & 1ar. !icholl, 3are & 1arro#'s Reports. !ient Cul. !ient Culpa*le, old $rench, not guilty. !ol. /. L. !olan's /oor La#s. !ol. R. !olan's Reports of Cases relati-e to the Duty and @ffice of 5ustice of the /eace. !on Cul. !on culpa*ilis, not guilty. !orth. !orthington's Reports. !ott.& ''cord. !ott & ''Cord's reports. !o-. !o-ellae, the !o-els. !o-. R c. !o-isimi Recopilacion de las Leyes de spana.

!oy's 'a%. !ou's 'a%ims. !oy's R. !oy's Reports.

@. Benl. @ld Benloe. @. Bridg. @rlando Bridgman's Reports. @. C. @ld Code< so is denominated the Ci-il Code of Louisiana, 9CBC. @. !. B. @ld !atura Bre-ium.2ide 2et. !. B., in the a**re-iations, and ;@ld !atura Bre-ium,; in the *ody of the #or0.

@. !i. 4hese letters, #hich are an a**re-iation for o-eratur nisis ha*ent sufficientem e%onerationem, are, according to the practice of the %che+uer, mar0ed upon nglish

each head of a Sheriff's account for issues, amerciaments and mean profits. I .nst. 99A. @*lig. @*ligations. @*ser-. @*ser-ations. @ff. @ffice. @ff. Br. @fficina Bre-ium. @ff. %. 7ent#orth's @ffice of %ecutors.

@hio R. @hio Reports. @ldn. @ldnall's 7elsh /ractice. @nsl. !. /. @nslo#'s !isi /rius. @rd. Anst. @rdinance of Amsterdam. @rd. Ant#. @rdinance of Ant#erp. @rd. Bil*. @rdinance of Bil*oa. @rd. Ch. @rders in Chancery. @rd. Cla. Lord Clarendon's @rders. @rd. Copenh. @rdinance of Copenhagen. @rd. Cor. @rders of Court. @rd. $lor. @rdinances of $lorence. @rd. 1en. @rdinance of 1enoa. @rd. 3am*. @rdinance of 3am*urgh. @rd. &onigs. @rdinance of &onigsherg.

@rd. Leg. @rdinances of Leghorn. @rd. de la 'ar. @rdonnance de la marine, de Louis N.2. @rd. /rot. @rdinances of /ortugal. @rd. /rus. @rdinances of /russia. @rd. Rott. @rdinances of Rotterdam. @rd. S#ed. @rdinances of S#eden. @rd. on >s. @rdinances on the La# of >sury. @rfil. 'ed. 5ur. @rfila's 'edical 5urisprudence. @rig. @riginal. @ought. @ughton's @rdo 5udiciorum. @-ert. R. @-erton's Reports. @#. o#en's Reports. @#en, Ban0r. @#en on Ban0ruptcy.

/. /age or part. /p. /ages. /. /achalis, aster term.

/.C. /leas of the Cro#n. /.& D. /erry & Da-ison's Reports. /.& &. /erry & &napp's lection Cases.

/.& '. /3ilip and mary8 as, 9 & E /.& '. c. I. /.! /. /ea0e's !isi /rius.

/. /. /ropria persona8 in his o#n person. /a. R. /ennsyl-ania Reports. /. R. or /. R. C. /. /ractical R gister in the Common /leas. /. 7ms. /eere 7illiams' Reports. /aige's R. /aige's Chancery Reports. /aine's R. /aine's Reports. /al. /almer's Reports. /al. A1. /aley on the La# of /rincipal and Agent. /al. Con-. /aley on Con-ictions. /alm. /r. Lords. /almer's /ractice in the 3ouse of Lords. /and. /andects. 2ide Dig. /ar. /aragraph8 as, EF li=. cap. D, par. E9.

/ar.& $on*. '. 5. /aris & $on*lan+ue on 'edical 5urisprudence. /ardess. /ardessus, Cours de Driot Commercial. .n this #or0 /ardessus is cited in se-eral #ays, namely< /ardes. Dr. Com /art H, tit. 9, c. E, s. I, n. ECA8 or E /ardes. n. ECA, #hich is the same reference. /ar0 on Do#. /ar0 on Do#er. /ar0, .ns. /ar0 on .nsurance. /ar0. R. Sir 4homas /ar0er's Reports of Cases concerning the Re-enue, in the %che+uer.

/ar0. on Ship. /ar0er on Shipping nad .nsurance. /arl. 3ist. /arliamentary 3istory. /atch. on 'ortg. /atch's 4reatise on the La# of 'ortgages. /aul's /ar. @ff. /aul's /arish @fficer. /ay. 'un. Rights. /ayne's 'unicipal Rights. /ea0. Add. Cas. /ea0e's Additional Cases. /ea0. C. !. /. /ea0e's Cases determined at !isi /rius, and in the &. B. /ea0e, /ec0. R. /ec0's Reports. /ec0's 4r. /ec0's 4rial. /ec0#. . C. /ec0#ell's lection Cases. s+. -. /ea0e on the La# of -idence.

/enn. Bl. /ennsyl-ania Blac0stone, *y 5ohn Read, /enn. la# 5o. /ennsyl-ania La# 5@urnal.

/enn. R. /ennington's Reports. 4he /ennsyl-ania Reports are sometimes cited /enn. R., *ut more properly, for the sa0e of distinction, /enna. R. /enn. St. R. /ennsyl-ania State Reports. /enna. /r. /ennsyl-ania /ractice8 also cited 4ro. & 3al. /r., 4rou*at & 3aly's /ractice. /enna. R. /ennsyl-ania Reports. /ennsyl-. /ennsyl-ania Reports.

/enr. Anal. /enruddoc0e's Analysis ofthe Criminal La#. /enult. 4he last *ut one. /er.& Da-. /erry & Da-ison's Reports. /er.& &napp. /erry & &napp's lection Cases.

/er0. /er0ins on con-eyancing. /er0. /rof. B. /er0ins' /rofita*le Boo0. /erpip. on /at. /erpigna on /atents. 4he full title of this #or0 is, ;4he $rench La# and /ractice of /atents for .n-entions, .mpro-ements, and .mportations. *y A. /erpigna, A.'.L.B., Barrister in the Royal Court of/aris, 'em*er of the Society for the ncouragement of ARts, &c.; 4he #or0 is #ell #ritten in the language. 4he nglish

author is a $rench la#yer, and has #ritten another #or0 on the same su*,ect in $rench. /et. A*. /etersdorff's A*ridgment. /et. Adm. Dec. /eters' Admiralty Decisions. /et. on Bail, or /etersd. on Bail. /etersdorff on the La# of Bail. /et. R. /eters' Supreme Court Reports. /et. C. C. R. /eters' Circuit Court Reports. /etting. on 5ur. /ettingal on 5uries. /hil. -. /hillips' -idence.

/hil. .ns. /3illips on .nsurance.

/hil. St. 4r. /hillips' State 4rials. /hill. Ci-. and Can. La#s. /hillimore on the Study of the Ci-il and Canon La#, considered in relation to the state, the church, and the uni-ersities, and in conne%ion #ith the college of ad-ocates. /hill. on Dom. /hillimore on the La# of Domicil. /hillim. or /hillim . R. /hillimore' cclesiastical Reports.

/ic0. R. /ic0ering's Reports. /ig. /igot on Reco-eries. /i0e's Rep. Reports of Cases argued and determined in the Supreme Court of La# and +uity of the State of Ar0ansas. By Al*ert /i0e. 4hese Reports are cited Ar0. Rep. /itm. /rin. and Sur. /itman on /rincipal and Surety. /l. /lacitum or plea. /l. or /lo#. or /l. Com. /lo#den's Commentaries, or Reports. /lff. /laintiff. /latt on Co-. /latt on La# of Co-enants. /latt on Lea. /latt on Leases. /ol. /olle%fen's Reports. /oph. /opham's Reports. 4he cases at the end of /ophams' Reports are cited E /oph. /ort. R. /orter's Reports. /oth. /othier. 4he numerous #or0s of /othier are cited *y a**re-iating his name /oth. and then adding the name of the treatise8 the figures generally refer to the num*er,

as /oth. @*. n. 9BB, #hich signifies /othier's 4reatise on the La# of @*ligations, num*er 9BB. /oth. du 'ar. /othier du 'ariage. /oth. 2ente. /othier 4raite de 2ente, & c. 3is /andects, in EI -ols. are cited /oth. /and. #ith the *oo0, title, la#, & c. /ott's L. D. /ott's La# Dictionary. /o#. /o#ell. /o#. Contr. /o#ell on Contracts. /o#. De-. /o#ell on De-ises. /o#. 'ortg. /o#ell on 'ortgages. /o#. /o#ers. /o#ell on /o#ers. /oyn. on '. and D. /oynter on the La# of 'arriage and Di-orce. /r. /rincipio. .n pr. .n principio8 in the *eginning. /r. /r. Reg. Cha. /ractical Register in Chancery. /r. St. /ri-ate Statute. /r. Stat. /ri-ate Statute. /ract. Reg. C. /. /ractical Register of the Common /leas. /ract. Reg. in Ch. /ractical Register in Chancery. /rat. on 3.& 7. /rater on the La# of 3ushand and 7ife. /ref. /reface. /rel. /reliminaire. %. Rep. or /rice's . R. /rices' %che+uer Reports.

/rest. /reston. /rest. on st. /reston on states. ssay on A*stracts of 4itle.

/rest. A*s. 4it. /reston's

/rest. on Con-. /reston's 4reatise on Con-eyancing. /rest. on Leg. /reston on Legacies. /ri. /rice's\ Reports. /rice's %. Rep. /rice's %che+uer Reports.

/rice's 1en /r. /rice's 1eneral /ractice. /rin. /rincipium, the *eginning of a title or la#. /rin. Dec. /rinted Decisions. /ri-. Lond. Customs or /ri-ileges of London. /ro. L. /ro-ince La#s. /ro +uer. /ro +uerentum, for the plaintiff. /roct. /r. /roctor's /ractice. /uff. /uffendorff's la# of nature.

". "uaestione, in such a "uestion. ". B. "ueen's Bench. ". B. R. "ueen's Bench Reports, *y Adolphus & ".t. "ui tam. "u. "uere. ". 2an 7eyt. ". 2an 7eytsen on A-erage. llis. !e# series.

". 7arr. "uo 7arranto8 (+.-.) 4he letters (+.-.) +uod -ide, #hich see, refer to the article mentioned immediately *efore them. "u. "uaestione, in such a "uestion. "uest. "uestions. "uinti "uinto. 6earG*oo0, D 3enry 2. "uon. Attach. "uoniam Attachiamenta. See Dalr. $.L. I:.

R. Resol-ed, ruled, or repealed. R. Richard8 as, E R. E, c. 9. Rich. Rep. Richardson's (S.C.) Reports. RC. Rescriptum. R.& '. Russell and 'ilne's Reports. R.& '. C. C. Ryan and 'oody's Cro#n Cases. R.& '. !. /. Ryan & 'oody's !isi /rius Cases. R.& R. Russell & Ryans' Cri#n Cases. R. '. Charlt. R. '. Charlton's Reports. RS. Responsum. R. S. L. Reading on Statute La#. Ram on 5udgm. Ram on the LA# relating to Legal 5udgments Rand. /erp. Randall on the La# of /erpetuities.

Rand. R. Randolph's Reports. Rast. Rastall's Ra#le's R. Ra#le's Reports. Ra#le, Const. Ra#le on the Constitution. Ray's 'ed. 5ur. Ray's 'edical 5urisprudence on .nsanityh. Raym. or, more usually, Ld. Raym. lrod Raymond's Reports. 4. Raym. Sir 4homas Raymond's Reports. Re. $a. lo. Recordari facias lo+uelam. 2ide Refalo in the *ody of the #or0. Rec. Recopilation. Rec. Recorder8 as, City 3all Rec. Redd. on 'ar. Com. Reddie's 3istorical 2ie# of hte La# of 'aritime Commerce. Redesd. /l. Redesdale's 'itf. /l. Ree-es' 3. +uity /leading. 4his #or0 is also and must usually cited ntries.

. L. Ree-es' 3istory of the

nglish La#.

Ree-es on Ship. Ree-es on the La# of Shipping and !a-igation. Ree-es onDes. Ree-es on Descents. Reg. Regula, rule. Reg. Register. Reg. Bre-. Registrum Bre-ium, or Register of 7rits. Reg. 1en. Regulae 1enerales. Reg. 5ud. Registrum 5udiciale.

Reg. 'ag. Regiam 'agestatem. Reg. /l. Regula /lacitandi. Renouard, des Bre-. d'.n-. 4raite des Bre-ets d'.n-ention, de /erfectionement, et d'.mportation, par Augustin Charles Renouard. Rep. 4he Reports of Lord Co0e are fre+uently cited 9 Rep., E Rep., &c. and sometimes they are cited Co. Rep. Repertoire. Rep. +. 1il*ert's Reports in +uity.

Rep. ". A. Reports of Cases during the time of "ueen Anne. Rep. 4. $inch. Reports tempore $inch. Rep. 4. 3ard. Reports during the time of Lord 3ard#ic0e. Rep. 4. 3olt. Reports tempore 3olt. Rep. 4. 4al*. Reports of Cases decided during the time of Lord 4al*ot. Res. Resolution. 4he cases reported in Co0e's Reports, are di-ided into resolutions on the different points of the case, and are cited 9 Res. &c.8Ret. Bre-. Retorna Bre-ium. Re-. St. or R -. Stat. R -ised Statutes. Rey, des .nst. del'Anglet. Des .nstitutions 5udiciaries de l'Angleterre comparees a-ec celles de la $rance. /ar 5oseph Rey. Reyn. .nst. .nstitutions du Droit des 1ens, &c. par 1erard de Reyne-al. Ric. Richard8 as, 9E Ric. E, c. 9D. Rice's Rep. Reports of Cases in Chancery argued and determined in the Court of Appeals and Court of Reporter. rror of South Carolina. By 7illiam Rice, State

Rich. /r. C. /. Richardson's /ractice in the Common /leas. Rich. /r. &. B. Richardson's /ractice in the &ing's Bench. Rich +. +uity Reports.

R. Richardson's

Rich. on 7ills. Richardson on 7ills. Ridg. .rish. 4. R. Ridge#ay, Lapp & Schoales' 4erm Reports in the &.B., Du*lin. Sometimes this is cited Ridg. L.& S. Ridg. /. C. Ridge#ay's Cases in /arliament. Ridg. Rep. Ridge#ay's Reports of Cases in &. B. and Chancery. Ridg. St. 4r. Ridge#ay's Reports of State 4rials in .reland. Ril. Ch. Cas. Riley's chancery Cases. Ro*. Adm. R p. Ro*inson's Admiralty Reports. Ro*. Cas. Ro*ertson's Cases in /arliament, from Scotland. Ro*. Dig. Ro*ert's Digest of the /ennsyl-ania. Ro*. ntr. Ro*inson's ntries. nglish Statutes in force in

Ro*. on $r. Ro*erts on $rauds. Ro*. on $raud. Con-. Ro*erts on $raudulent Con-eyances. Ro*. on 1a-el0. Ro*inson on 1a-el0ind. Ro*. Lo. Rep. Ro*inson's Louisiana Reports. Ro*. 5ust. Ro*inson's 5ustice of the /eace. Ro*. /r. Ro*inson's /ractice in Suits at La#, in 2irginia. Ro*. 2. Rep. Ro*inson's (2irginia) Reports. Ro*. on 7ills. Ro*ert's 4reatise on the La# of 7ills and Codicils.

Roc. .ns. Roccus on .nsurance. 2ide .ng. Roc. Rog. ccl. La#. Rogers' cclesiastical la#.

Rog. Rec. Roger's City 3all Recorder. Roll. Rolle's A*ridgment. Roll. R. Rolle's Reports. Rom. Cr. La#. Romilly's @*ser-ations on the Criminal La# of it relates to capital punishment. Rop. on 3.& 7. A 4reatise on the La# of /roperty, arising from the relation *et#een 3ushand and 7ife. By R. S. Donnison Roper. Rop. Leg. Roper on Legacies. Rop. on Re-oc. Roper on Re-ocations. Rosc. Roscoe. Rosc. on Act. Roscoe on Actions relating to Real /roperty. Rosc. Ci-. -. Roscoe's Digest of the La# of Actions at !isi /rius. Rosc. Cr. -. Roscoe on Criminal -idence. -idence on the 4rial of ngland, as

Rosc. on Bills. Roscoe's 4reatise on the La# relating to Bills of %change, /romissory !otes, Ban0er's Chec0s, &c.8Rose's R. Rose's Reports of Cases in Ban0ruptcy. Ross on 2.& /. Ross on the La# of 2endors and /urchasers. Rot. /arl. Rotulae /arliamentariae. Ro#e's Sci. 5ur. Ro#e's Scintilla 5uris. Ru*. or Ru*r.

Ru*ric, (+.-.) Ruffh. Ruffhead's Statutes at Large. Runn. ,. Runnington on ,ectments.

Runn. Stat. Runnington's Statutes at Large. Rus.& 'yl. Russell & 'ylne's Chancery Reports. Rush. Rush#orth's Collections. Russ. Cr. Russell on Crimes and 'isdemeanors. Rus.& 'yl. Russell & 'ylne's Reports of Cases in Chancery. Russ. on $act. Russell on the La#s relating to $actors and Bro0ers. Russ. R. Russell's Reports of Cases in Chancery. Russ.& Ry. Russell & Ryan's Cro#n Cases. Rutherf. .nst. Rutherford's .nstitutes of !atural La#. Ry. $. Rymer's $oedera. Ry.& 'o. Ryan & 'oody's !isi /rius Reports. Ry.& 'o. C. C. Ryan & 'oody's Cro#n Cases. Ry. ' d. 5ur. Ryan on 'edical 5urisprudence.

S. , section. S. B. >pper Bench. S.& B. Smith &Batty's Reports. S. C. Same Case. S. C. C. Select Cases in Chancery.

S. C. Rep. South Carolina Reports. S.& L. Schoales & Lefroy's Reports. S.& '. Sha# & 'aclean's Reports. S.& '. Ch. R. Smedes & 'arshall's Reports of Cases decided *y the Superior Court of Chancery of 'ississippi. S.& '. rr. & App. Smedes & 'arshall's Reports of Cases in the 3igh Court of rrors and Appeals of 'ississippi. S. /. Same /oint. S.& R. Sergeant & Ra#le's Reports. S.& S. Sausse & Scully's Reports. S.& S. Simon & Stuart's Chancery Reports. Sa.& Scul. Sausse & Scully's Reports. Samdl. St. /ap. Sandler's State /apers. Sal0. Sal0eld's Reports. Sandf. Rep. Reports of Cases argued and determined in the Court of Chancery of the State of !e# 6or0, *efore the 3on. Le#is 3. Sandford, Assistant -ice Chancellor of the $irst Circuit. Sand. >.& 4. Sanders on >ses and 4rusts. Sanf. on Sanford on nt. ntails.

Sant. de Assoc. Santerna, de Asecurationi*us.

Saund. Saunders' Reports. Saund. /l. & e-. Saunders' 4reatise on the La# of /leading and Sa-. Sa-ille's Reports. Sa-. Dr. Rom. Sa-igny, Driot Romain. Sa-. Dr. Rom. '. A. Sa-igny, Driot Romain au 'oyen Age. Sa-. 3ist.Rom. La#. Sa-igny's 3istory of the Roman La# during the 'iddle, Ages.4ranslated from the 1erman of Carl 2on Sa-igny, *y Cathcart. Say. Costs. Sayer's La# of Costs. Say. Sayer's Reports. SC. Senatus consultum. Scac. de Cam. Scaddia de Cam*iis. Scam. Rep. Scammon's Reports of Cases argued and determined in the Supreme Court of .llinois. Scan. 'ag. Scandalum 'agnatum. Sch.& Lef. Schoales & Lefroy's Reports. Scheiff. /r. Scheiffer's /ractice. Schul. A+. R. Schultes on A+uatic Rights. Sci. $a. Scire $acias. Sci. fa. ad. dis. de*. Scire facias ad dispro*andum de*itum, (+.-.) Scil. Scilicet, i.e. scire licet, that is to say. Sco. !.R. Scott's ne# Reports. Scott's R. Scott's Reports. Scri-. Copyh. Scri-en's Copyholds. . -idence.

Seat. $. Ch. Seaton's $orms in Chancery. Sec. Section. Sec. Leg. Secundum legem8 according to la#. Sec. Reg. Secundum regulam8 according to rule. Sedg#. on Dam. Sedg#ic0 on Damages. Sel. Ca. Chan. Select Cases in Chancery. 2ide S. C. C. Seld. mar. Cla. Selden's 'are Clausum. Self. 4r. Selfridge's 4rial. Sell. /r. Sellon's /ractice in &. B. and C. /. Sel#. !. /. Sel#yn's !isi /rius. Sel#. R. Sel#yn's Reports. 4hese Reports are usually cited '.& S. 'aule & Sel#yn's Reports. Sem. or Sem*. Sem*le, it seems. Sen. Senate. Se+. Se+uentia. Serg. on Att. Sergeant on the La# of Attachment. Serg. Const. La#. Sergeant on constitutional La#. Serg. on Land L. Sergeant on the Land La#s of /ennsyl-ania. Serg.& Lou*. Sergeant & Lo#her's edition of the Reports8 more usually cited ng. Com. La# Rep. nglish Common La#

Serg.& Ra#le. or S.R. Reports of Cases ad,udged in the Supreme Court of Ra#le,5un. /ennsyl-ania. By 4homas Sergeant and 7illiam

Sess. Ca. Sessions Cases in &. B., chiefly touching Settlements. Set. on Dec. Seton on Decrees. Sha# & 'acl. Sha# & 'aclean's Reports. Shelf. Lun. Shelford on Lunacy. Shelf. on 'ort. Shelford on the La# of 'ortmain. Shelf. on Rail#. Shelford on Rail#ays. Shelf. on R. /r. Shelford on Real /roperty. Shep. 4o. Sheppard's 4ouchstone. Shepl. R. Shepley's Reports. Sher. Sheriff. Sho#. /. C. Sho#er's /arliamentary Cases. Sho#. R. Sho#er's Reports in the Court of &ing's Bench. Shu*. 5ur. Lit. Shu*ac0 de 5ure Littoris. Sid. Siderfin's Reports. Sim. Simon's Chancery Reports. .n Con. C.R. Sim.& Stu. Simon & Stuart's Chancery Reports. S0ene, 2er. Sign. S0ene de 2er*orumSignificatione8 an e%planation of terms, difficult #ords, &c.8S0in. S0inner's Reports. S0irr. >nd.Sher. S0irro#'s Complete /ractical >nder Sheriff. Slade's Rep. Slade's Reports. 'ore usually cited 2ermont Reports. Smed & 'arsh. Ch. R. Smedes & 'arshall's Reports of Cases decided *y the 3igh Court of rrors and Appeals of 'ississippi.

Smith & Batty. Smith & Batty's Reports. Smith's Ch. R/r. Smith's Chancery /ractice.

Shith's $or. 'ed. Smith's $orensic 'edicine. Smith's 3ints. Smith's 3ints for the %amination of 'edical 7itnesses.

Smith on '. L. Smith on 'ercantile La#. Sm. on /at. Smith on the La# of /atents. Smith's R. Smith's Reports in &. B., together #ith Cases in the Court of Chancery. Sol. Solutio, the ans#er to an o*,ection. South. Car. R. South Carolina Reports. South. R. Southard's Reports. Sp. of La#s. Spirit of La#s, *y 'ontes+uieu. Spelm. $euds. Spelman on $euds. Spel. 1l. Spelman's 1lossary. Spence on Chancery. +. 5ur. of Ch. Spence on the +uita*le 5urisdiction of

Spenc. R. Spencer's Reports. Speers' +. Cas. +uity Cases argued and determined in the Court of Appeals of South Carolina. By R. 3. Speers. Speers' Rep. Speers' Reports. Ss. usually put in small letters, ss. Scilicet, that is to say. St. or Stat. Statute. St. Armand. 3ist. Armand's 3istorical Stant. R. Stanton's Reports. ss. St. ssay on the Legislati-e /o#er of ngland.

Stath. A*. Statham's A*ridgment. St. Cas. Stillingfleet's Cases. St. 4r. State 4rials. Stair's .nst. Stair's .nst. Stair's .nstitutions of the La# of Scotland. Stallm. on Stallman on lec. & Sat. lection and Satisfaction. -. Star0ie on the La# of -idence.

Star0. Star0ie's

Star0. Cr. /l. Star0ie's Criminal /leadings. Star0. R. Star0ie's Reports. Star0. on Sl. Star0ie on Slander and Li*el. Stat. Statutes. Stat. 7es. Statute of 7estminster. Staunf or Staunf. /. C. Staunford's /leas of the Cro#n. Stearn. on R. A. Stearne on Real Actions. Steph. Comm. Stephen's !e# Commentaries on the La# of Steph. Cr. La#. Stephen on Criminal La#. Steph. /l. Stephen on /leading. Steph. /roc. Stephen on /rocurations. Steph. on Sla-. Stephens on Sla-ery. ngland.

Ste-. on A-. Ste-ens on A-erage. Ste-.& B. on A-. Ste-ens & Bene0e on A-erage. Ste#. Adm. Rep. Ste#art's Reports of Cases argued and determined in the Court of 2ice Admiralty at 3alifa%. Ste#. R. Ste#art's Reports. Ste#.& /ort's. Ste#art & /orter's Reports. Story on Bail. Story's Commentaries on the La# of Bailments. Story on Const. Story on the Constitution of the >nited States. Story on +. Story's Commentaries on +uity 5urisprudence.

Story's L. >. S. Story's edition of the La#s of the >nited States, in H -ols. 4he Ith and Dth -olumes are a continuation of the same #or0 *y 1eorge Shars#ood, s+. Story on /artn. Story on /artnership. Story on /l. Story on /leading. Story, R. Story's Reports. Str. Strange's Reports. Stracc. de 'er. Straccha de 'ercatura, !a-i*us Assecurationi*us. Strah. Dom. Straham's 4ranslation of Domat's Ci-il La#. Stro*. R. Stro*hart's Reports. Stroud's Dig. Stroud's Digest of the La#s of /ennsyl-ania. Stuart's (L.C.) R. Reports of Caes in the Court of &ing's *ench in the /ro-incial Court of Appeals of Lo#er Canada, and Appeals *efore the Lords of the /ri-y Council. By 1eorge @'&ill Stuart, Sty. Style's Reports. Sugd. Lett. Sugden's Letters. s+.

Sugd., Sugd. /o#. Sugden on /o#ers. Sugd. 2end. Sugden on 2endors. Sull. Lect. Sulli-an's Lectures on the $eudal La#, and the Constitution and La#s of ngland. Sull. on Land 4it. Sulli-an's 3istory of Land 4itles in 'assachusetts. Sum. Summa, the Summary of a la#. Sumn. R. Sumner's Circuit Court Reports. Supers. Supersedeas. Supp. Supplement. Supp. to 2es. 5r. Supplement to 2esey 5unior's Reports. S#an on ccl. Cts. S#an on the 5urisdiction of ccleciastical Courts.

S#anst. S#anston's Reports. S#eet on 7ills. S#eet's /opular 4reatise on 7ills. S#ift's Dig. S#ift's Digest of the La#s of Connecticut. S#ift's -. S#ift's -idence.

S#ift's Sys. S#ift's System of the La#s of Connecticut. S#in*. S#in*urn on the La# of 7ills and4estaments. 4his #or0 is generally cited *y refernce to the part, *oo0, chapter, &c.8S#in*. on Desc. S#in*urne on the La# of Descents. S#in*.\on 'ar. S#in*urne on 'arriage. S#in*. on Spo. S#in*urne on Spousals.

S#. S#in*urne on 7ills. Syst. /lead. System of /leading.

4. 4itle. 4.& 1. 4yr#hitt & 1ranger's Reports. 4.& /. 4urner & /3illips' Reports. 4. 5o. Sir 4homas 5ones' Reports. 4. L. 4ermes de la Ley, or 4erms of the La#. 4. R. 4erm Reports. Ridge#ay's Reports are sometimes cited .rish 4r. 4. R. 4esteRege. 4.& R. 4urner & Russell's Chancery Reports. 4.& R. 4urner & Russell'sReports. 4. R. . or 4. . R. 4empore Regis d#ardi. 4his a**re-iation is

fre+uently used in Domesday Boo0, and in the more ancient La# #riters. See 4yrrel's 3ist. ng., introd. -iii. p. IF. See also Co. .nst. CA, a,#here in a +uotation from Domesday Boo0, this a**re-iation is interpreted 4erra Regis d#ardi8 *ut in Co#ell's Dict. -er*. Re-eland, it is said to *e #rong. 4. Raym. Sir 4homas 4aymond's Reports. 4. >. /. Chalt. 4. >. /. Charlton's Reports. 4ait on -. 4ait on -idence.

4aml. on -. 4amlyn on /ractice of the Court

-idence, principally #ith reference to the

of Chancery, and in the 'aster's office. 4aml. R. 4amlyn's Reports of Cases decided in Chancery. 4aml. 4. 6. 4amlyn on 4erms for 6ears. 4apia. 5ur. 'er. 4ratade de 5urisprudentia 'ercantil. 4aunt. 4aunto's Reports. 4ayl. on -. 4aylor on -idence.

4ayl Cir. L. 4aylor's Ci-il La#. 4ayl. La# glo. 4aylor's La# 1lossary. 4ayl. L.& 4. 4aylor's 4reatise on the American La# of Landlord and 4enant. 4ech. Dict. Cra**'s 4echnological Dictionary. 4hach. Crim. Cas. 4hacher's Criminal Cases. 4h. Br. 4hesaurus *re-ium. 4h. Dig. 4heloall's Digest. 4heo. of /res. /ro. 4heory of /resumpti-e /roof. 4heo. /res. /ro. 4heory of /resumpti-e /roof, or an .n+uiry into the !ature of Circumstantial -idence.

4ho. co. Litt. Co0e upon Littleton' ne#ly arranged on the plan of Sir 'atthe# 3ale's Analysis. By 5. 3. 4homas, s+. 4homp. on Bills. 4hompson on Bills. 4ho. >.5. 4homas on >ni-ersal 5urisprudence. 4idd's /r. 4idd's /ractice. tit. 4itle.


%. 4oller's


4oml. L. D. 4omlin's La# dictionary. 4oth. 4othill's reports. 4ouchs. Sheppard's 4ouchstone. 4oull.Le Droit ci-il $rancais sui-ant /ordre du Code8 ou-rage dans le+uel on a tache de reunir la eorie a la practi+ue. /ar '. C. B. '. 4oullier. 4his #or0 is sometimes cited 4oull. Dr. Ci-. $r. li-. H, t. E, c. 9, n. A8 at other times, H 4oull. n. CA, #hich latter signifies -ol. H of 4oullier's #or0, !o. CA. 4r. +. 4reatise of +uity8 the same as $on*lan+ue on +uity.

4raill, 'ed. 5ur. @utlines of a Course of Lectures on 'edical 5urisprudence. By 4homas Ste#art 4raill, '.D. 4re*. 5ur. de la 'ed.5urisprudence de la 'edecine, de la Chirurgie, et de la /harmacie. /ar Adolphe 4re*uchet. 4rem. 4ermaine's /leas of the Cro#n. 4ri. of : Bish. 4rial of the Se-en Bishops. 4ri. per /ais. 4rials per /ais. 4rin. 4rinity 4erm. 4uc0. Bl. Com. Blac0stone's Commentaries, edited *y 5udge 4uc0er. 4urn. R. 4urner's Reports of Cases determined in Chancery. 4urn.& Russ. 4urner & Russell's Chancery Reports. 4uc0. Com. 4uc0er'sCommentaries.

4urn.& /hil 4urner & /3illips' Reports. 4yl. R. 4yler's Reports. 4yr#. 4yr#hitt's %che+uer Reports. ssay

4yr#.& 1ra. 4yr#hitt & 1ranger's Reports. 4yt. 'il. La#. 4ytler's on 'ilitary La# and the /ractice of 'ilitary Courts 'artial.

>.S. >nited States of America. >.S. Dig. >nited States Digest. See 'etc.& /er0. Dig. >lt. >ltimo, ultima, last, usually applied to last title, paragraph or la#. >mfre-. @ff of Cor. >mfre-ille's @ffice of Coroner. >nder Sher. >nder Sheriff, containing the office and duty of 3igh Sheriff, >nder Sheriffs and Bailiffs. >%. et. t u%or, et u%orem, and #ife.

2. 2ersus, against8 as AB. -. CD. 2. 2ersiculo, in such a -erse. 2. 2ide, see. 2. or -. 2oce8 as Spelm 1loss. -. Cancelarious. 2.& B. 2esey & Beames' Reports. 2. C. 2ice Chancellor. 2ac. 2oce, or 2ocem. 2.& S. 2ernon & Scri-en's Reports.

2al. Com. 2alin's Commentaries. 2an. 3eyth. 'ar. Courts of La# and +uity. -. 2an 3eythuysen's ssay upon marine -idence, in

2and. 5ud. /r. 2anderlinden's 5udicial /ractice. 2at. or 2attel. Battle's La# of !ations. 2ang. -augnan's Reports. 2end. %. 2enditioni %ponas.

2entr. 2entris' Reports. 2erm. R. 2ermont 5udges' Reports. 2ern. 2ernon's Reports. 2ern.& Scri-. 2ernon & Scri-en's Reports of Cases in the &ing's Courts, Du*lin. 2erpl. Contr. 2erplanc0 on Contracts. 2erpl. -. 2erplanc0 on -idence.

2es. 2esey Senior's Reports. 2es. 5r. 2esey 5unior's Reports. 2es.& Bea. 2esey & Beames' Reports. 2et. !. B. @ld !atura Bre-ium. 2id. 2idian's ntries.

2in. A*. 2iner's A*ridgment. 2in. Supp. Supplement ot 2iner'sA*ridgment. 2inn. 2innius. 2i=. 2idelicet, that is to say.

2s. 2ersus.

7. 9, 7. E. Statutes of 7estminster, 9 andE. 7. C. C. R. 7ashington's Circuit Court Reports. 7.& C. 7ilson & Courtenay's Reports. 7. 5o. Sir 7illiam 5ones' Reports. 7. &el. 7illiam &elynge's Reports. 7.& '. 7illiam and 'ary. 7.& '. Rep. 7ood*ury & 'inot's Reports. 7.& S. 7ilson & Sha#'s Reports of Cases decided in the 3ouse of Lords. 7igr. on Disc. 7igram on Disco-ery. 7alf. on /art. 7alford's 4reatise on the La# respecting /arties to Actions. 7al0. Ch. Ca. 7al0er's Chancery Cases. 7al0. Am. R. or 7al0. .ntrod. 7al0er's .ntroduction to American La#. 7al0. R. 7al0er's Reports. 7all. R. 7allace's Circuit Court Reports. 7ard, on Leg. 7ard on Legacies. 7are's R. Reports of Cases argued and determined in the District Court of the >nited States, for the District of 'aine. 7arr. L. S. 7arren's La# Studies. 7ash. C. C. 7ashington's Circuit Court Reports. 7ash*. R. 7ash*urn's 2ermont Reports. 7at. Cop. 7at0in's Copyhold.

7at0. Con-. 7at0ing's /rinciples of con-eyancing. 7ats. Cler. La#. 7atson's Clergyman's La#. 7ats. on Ar*. 7atson on the La# of Ar*itrations and A#ards. 7ats. on /artn. 7atson on the La# of /artnership. 7ats. on Sher. 7atson on the La# relating to the office and duty of Sheriff. 7att's R. 7att's Reports. 7atts & Serg. 7atts & Sergeant's Reports. 7elf. on 7ell#. A*. 7ell#ood's A*ridgment of Sea La#s. 7end. R. 7endell's Reports. 7ent#. 7ent#orth. 7ent#. @ff. 7ent#. /l. 7ent#orth's System of /leading. 7es0. .ns. 7es0ett on the La# of .nsurance. 7est's /arl. Rep. 7est's parliamentary Reports. 7est's Rep. 7est's Reports of Lord Chancellor 3ard#ic0e. 7est's Sym*. 7est's Sym*oliography, or a description of instruments and precedents, E \ parts. 7estm. 7estminister8 7estm. .. 7estminister primer. %. 7ent#orth's @ffice of %ecutor. +. /lead. 7elford on +uity /leading.

7eyt. on A-. "uintin 2an 7eytsen on A-erage. 7hart. Cr. La#. 7harton on the Criminal La# of the >nited States. 7hart. Dig. 7harton's Digest. 7hart. La# Le%. 7harton's La# Le%icon, or Dictionary of 5urisprudence. 7hart. R. 7harton's Reports. 7heat. 7heaton. 7heat. R. 7heatons' Reports. 7heat. on Capt. 7heaton's Digest of the La# of 'aritime Captures and /ri=es. 7heat. 3ist. of L. of !. 7heaton's 3istory of the La# of !ations in urope and America. 7heel. A*. 7heeler's A*ridgments. 7heel Cr. Cas. 7heeler's Criminal Cases. 7heel on Sla-. 7heeler on Sla-ery. 7hish. L. D. 7hisha#'s La# Dictionary. 7hit. on Liens. 7hita0er on the La# of Liens. 7hit. on 4rans. 7hita0er on Stoppage in 4ransitu. 7hite's !e# Coll. A !e# Collections of the La#s, Charters, and Local @rdinances of the 1o-ernments of 1reat Britain, $rance, Spain, &c.87hitm. B. L. 7hitmarsh's Ban0rupt La#. 7ic+. L'Am*assadeur et ses fonctions, par de 7ic+uefort. 7ight#. 7ight#ich's Reports in the %che+uer.

7ilc. on 'un. Cor. 7ilcoc0 on 'unicipal Corporations. 7ilc. R. 7ilco%'s Reports. 7il0 Leg. Ang. Sa%. 7il0in's leges AngloGSa%ionicae. 7il0. on Lim. 7il0inson on Limitations. 7il0 on /u*l. $unds. 7il0inson on the La# relating to the /u*lic $unds, including the /ractice of Distringas, &c.87il0. on Repl. 7il0inson on the La# of Reple-in. 7ill. Auct. 7illiams on the La# of Auctions. 7ill. on +. /l. 7illis' 4reatise on +uity /leadings.

7ill. on .nter. 7illis on .nterrogatories. 7ill. L. D. 7illiams' La# Dictionary. 7ill. /er. /r. 7illiams' /rinciples of the La# of /ersonal /roperty. 7ill. (/.) Rep. /eere 7illiams' Reports. 7illc. @ff. of Const. 7illcoc0 on the @ffice of Consta*le. 7illes' R. 7illes' Reports. 7ills on Cir. -. 7ills on Circumstantial -idence.

7ils. on uses. 7ilson on Springing >ses. 7ilm on 'ortg. 7ilmot on 'ortgages. 7ilm. 5udg. 7ilmot's !otes of @pinions and 5udgments. 7ils. on Ar*. 7ilson on Ar*itration. 7ils. Ch. R. 7ilson's Chancery Reports. 7ils.& Co. 7ilson & courtenay's Reports. 7ils. %. R. 7ilson's %che+uer Reports.

7ils.& Sh. 7ilson & Sha#'s Reports decided *y the 3ouse of Lords.

7ils. R. 7ilson's Reports. 7in. 7inch's ntries.

7in. R. 7inch's Reports. 7ing. 'a%. 7ingate's 'a%ims. 7ins. 5>st. 7illiams' 5ustice. 7ms. R., more usually, /. 7ms. /eere 7illiams' Reports. 7olff. .nst. 7olffius .nstitutiones 5uris !aturae. 7ood's .nst., or 7ood's .nst. Com.. L. 7ood's .nstitutes of the Common La# of ngland. 7ood's .nst. Ci-. La#. 7ood's .nstitutes of the Ci-il La#. 7ood & 'in. Rep. 7ood*ury and 'inot's Reports. 7oodes. 7ooddesson. 7oodes. 7oodes. Lect. 7ooddesson's 2inerian Lectures. 7oodf. L. and 4. 7oodfall on the La# of Landlord and 4enant. 7oodm. R. 7oodman's Reports of Criminal Cases tried in the 'unicipal Court of the City of Boston. 7ool. Com. L. 7oolrych's commercial La#. 7ool. L. 7. 7oolrych's la# of 7aters. 7oolr. on Com. La#. 7oolrych's 4reatise on the Commercial and 'ercantile La# of 7ool. on 7ays. 7oolrych on 7ays. 7orth. on 5ur. 7orthington's ngland. l 5ur. 7oodesson's lements of 5urisprudence.

.n+uiry into the /o#er of 5uries to decide incidentally on "uestions of La#. 7orth. /re. 7ills. 7orthington's 1eneral/recedents for 7ills, #ith practical notes. 7right's R. 7right's Reports. 7right, $r. Soc. 7right on $riendly Societies. 7right, 4en. Sir 'artin 7right's La# of 4enures. 7y. /r. Reg. 7yatt's /ractical Register.

N. 4he decretals of 1regory the ninth are denoted *y the letter N, thus, N. 6. B. 6ear Boo0s, (+.-.) 6.& C. 6ounge & Collyer's %che+uer Reports.

6.& C. !. C. 6ounge & Collyer's !e# Cases. 6.& 5. 6ounge & 5er-is' %che+uer Reports.

6eates, R. 6eates' Reports. 6ear*. 6ear Boo0. 6el-. 6el-erton's Reports. 6erg. R. 6erger's Reports. 6o.& Col. 6ounge & Collyer's 6o.& Col. !. C. 6ounge and Collyer's !e# Cases. 6o. Rep. 6ounge's Reports. 6o.& 5er. 6ounge & 5er-is' Reports. %che+uer Reports.

Oouch's Adm. Oouch's 5urisdiction of the Admiralty of

ngland, asserted.

ABBREVIATORS, eccl% law% Dfficers whose duty it is to assist in drawing u! the 7o!e's "riefs, and reducing !etitions into !ro!er for , to "e converted into 7a!al Bulls% 4ide Bulls% ABBROCHMENT, o"solete% +he forestalling of a ar'et or fair% ABDICATION, govern ent% 1% A si !le renunciation of an office, generally understood of a su!re e office% @a es 00% of England. (harles 4% of Fer any. and (hristiana, Hueen of <weden, are said to have a"dicated% ?hen @a es 000 of England left the 'ingdo , the (o ons voted that he had a"dicated the govern ent, and that there"y the throne had "eco e vacant% +he 6ouse of Lords !referred the word deserted, "ut the (o ons thought it not co !rehensive enough, for then, the 'ing ight have the li"erty of returning% 1% ?hen inferior agistrates decline or surrender their offices, they are said to a'e a resignation% $#%v%& ABDUCTION, cri % law% +he carrying away of any !erson "y force or fraud% +his is a isde eanor !unisha"le "y indict ent% 1 East, 7%(% 858. 1 *ussell, 56=% +he civil re edies are reca!tion, $#%v%& : 0nst% 1:8. 6al% Anal% 86. : Bl% (o 8. "y writ of ha"eas cor!us. and an action of tres!ass, 5it3% /% B% 8=. : Bl% (o 1:=, n% 19. *oscoe, (r% Ev% 1=:% ABEARANCE% Behaviour. as, a recogni3ance to "e of good a"earance, signifies to "e of good "ehaviour% 8 Bl% (o %,151, 156% ABEREMURDER, o"solete% An a!!arent, !lain, or downright urder% 0t was used to distinguish a wilful urder, fro a chance- edley, or anslaughter% <!el an. (owell. Blount% TO ABET, cri % law% +o encourage or set another on to co it a cri e% +his word is always ta'en in a "ad sense% +o a"et another to co it a urder, is to co and, !rocure, or counsel hi to co it it% Dld /at% Brev 11. (ol Litt% 895% ABETTOR, cri % law% Dne who encourages or incites, !ersuades or sets another on to co it a cri e % <uch a !erson is either a !rinci!al or, an accessory to the cri e% ?hen !resent, aiding, where a felony is co itted, he is guilty as !rinci!al in the second degree . when a"sent, Ghe is erelyan accessory% 1% *ussell, 11. 1 Leach 66. 5oster 818% ABEYANCE, estates, fro the 5rench a"oyer, which in figurative sense eans to e-!ect, to loo' for, to desire% ?hen there is no !erson in esse in who the freehold is vested, it is said to "e in a"eyance, that is, in e-!ectation, re e "rance and conte !lation% A 1% +he law re#uires, however, that the freehold should never, if !ossi"le, "e in a"eyance% ?here there is a tenant of the freehold, the re ainder or reversion in fee ay e-ist for a ti e without any !articular owner, in which case it is said to "e in a"eyance% = <erg% ) *%% :69. 8 7lowd% 1= a% " :5 a% A :% +hus, if sn estate "e li ited to A for life, re ainder to the right heirs of B, the fee si !le is in a"eyance during the life of B, "ecause it is a a-i of law, that ne o est hoeres viventis% 1 Bl% (o % 129. 1 (ruise, 69-92. 1 0nst% 881, ;erlin, *e!ertoire, ot A"eyance. 1 (o % Dig% 196. 1 4in% A"r% 121%

A 8% Another e-a !le ay "e given in the case of a cor!oration% ?hen a charter is given, and the charter grants franchises or !ro!erty to a cor!oration which is to "e "rought into e-istence "y so e future acts of the cor!orators, such franchises or !ro!erty are in a"eyance until such acts shall "e done, and when the cor!oration is there"y "rought into life, the franchises instantaneously attach% 8 ?heat% 6=1% <ee, generally, 1 ;ass% 522. 9 ;ass% 885. 12 ;ass% =:. 15 ;ass% 868. = (ranch, 89% 1=:. 5 ;ass% 555% ABIDIN5 BY PLEA% English law% A defendant who !leads a frivolous !lea, or a !lea erely for the !ur!ose of delaying the suit. or who for the sa e !ur!ose, shall file a si ilar de urrer, ay "e co !elled "y rule in ter ti e, or "y a @udge's order in vacation, either to a"ide "y that !lea, or "y that de urrer, or to !lead !ere !torily on the orrow. or if near the end of the ter , and in order to afford ti e for notice of trial, the otion ay "e ade in court for rule to a"ide or !lead instanter. that is, within twentyfour hours after rule served, 0 !% B%*% :82, !rovided that the regular ti e for !leading "e e-!ired% 0f the defendant when ruled, do not a"ide, he can only !lead the general issue. 1 +%*% 6=:. "ut he ay add notice of set-off% 0"% 6=8, n% <ee 1 (hit% *e!% 565, n% ABI5EAT, civ% law, A !articular 'ind of larceny, which is co itted not "y ta'ing and carrying away the !ro!erty fro one !lace to another, "ut "y driving a living thing away with an intention of feloniously a!!ro!riating the sa e% 4ide +a'ing% ABI5EI, civil law% <tealers of cattle, who were !unished with thieves% Dig% 89, 18. 8 Bl% (o % 1:=% ore severity than other

ABJURATION A A renunciation of allegiance to a country "y oath% 1% A 1% +he act of (ongress of the 18th of A!ril, 1821, 1 <tory's Laws, E%<% 852, re#uires that when an alien shall a!!ly to "e ad itted a citi3en of the Enited <tates, he shall declare on oath or affir ation "efore the court where the a!!lication shall "e ade, inter alia, that he doth a"solutely and entirely renounce and a",ure all allegiance and fidelity which he owes to any foreign !rince, )c%, and !articularly, "y na e, the !rince, )c%, whereof he was "efore a citi3en or su",ect% *awle on the (onst% =8% :% A 1% 0n England t he oath of a",uration is an oath "y which an English an "inds hi self not to ac'nowledge any right in the 7retender to the throne of England% 8% A : it signifies also, according to 15 (ar% 6%, an oath a",uring to certain doctrines of the church of *o e% 5% A 8% 0n the ancient English law it was a renunciation of one's country and ta'ing an oath of !er!etual "anish ent% A an who had co itted a felony, and for safety flee to a sanctuary ight within forty days' confess the fact, and ta'e the oath of a",uration and !er!etual "anish ent. he was then trans!orted% +his was a"olished "y <tat% 1 @ac% 1, c% 15% Ayl% 7arerg% 18% ABLE5ATI, di!lo acy% 7a!al a "assadors of the second ran', who are sent with a less e-tensive co ission to a court where there are no nuncios% +his title is e#uivalent to envoy $#% v%&% ABNEPOS, civil law% +he grandson of a grandson or grand-daughter, or fourth descendant% A"ne!tis, is the grand-daughter of a grandson or grand-daughter% +hese ter s are used in a'ing genealogical ta"les%

ABOLITION% An act "y which a thing is e-tinguished, a"rogated or annihilated% ;erl% *e!ert, h% t%, as, the a"olition of slavery is the destruction of slavery% 1 % 0n the civil and 5rench law a"olition is used nearly synony ously with !ardon, re ission, grace% Dig% :=, 8, :, :% +here is, however, this difference. grace is the generic ter . !ardon, according to those laws, is the cle ency which the !rince e-tends to a an who has !artici!ated in a cri e, without "eing a !rinci!al or acco !lice. re ission is ade in cases of involuntary ho icides, and self-defence% A"olition is differentB it is used when the cri e cannot "e re itted% +he !rince then ay "y letters of a"olition re it the !unish ent, "ut the infa y re ains, unless letters of a"olition have "een o"tained "efore sentence% Encycl% de d'Ale "ert, h% t% :% +he ter a"olition is used in the Fer an law in the sa e sense as in the 5rench law% Encycl% A er% h% t% +he ter a"olition is derived fro the civil law, in which it is so eti es used synony ously with a"solution% Dig% :=, 8, :, :% ABORTION, ed ,ur% and cri inal law% +he e-!ulsion of the foetus "efore the seventh outh of utero-gestation, or "efore it is via"le% #% v% 1% +he causes of this accident are refera"le either to the other, or to the foetus and its de!endencies% +he causes in the other ay "eB e-tre e nervous susce!ti"ility, great de"ility, !lethora, faulty confor ation, and the li'e. and it is fre#uently induced i ediately "y intense ental e otion% +he causes seated in the foetus are its death, ru!ture of the e "ranes, )c% :% 0t ost fre#uently occurs "etween the 8th and 11th wee's of gestation% ?hen a"ortion is !roduced with a alicious design, it "eco es a isde eanor, at co on law, 1 *ussell, 55:. and the !arty causing it ay "e indicted and !unished% 8% +he cri ,nal eans resorted to for the !ur!ose of destroying the foetus, ay "e divided into general and local% +o the first "elong venesection, e etics, cathartics diuretics, e enagogues )c% +he second e "races all 'inds of violence directly a!!lied% 5% ?hen, in conse#uence of the ensues, the cri e is urder% eans used to !roduce a"ortion, the death of the wo an

6% By statute a distinction is ade "etween a wo an #uic' with child, $#% v%& and one who, though !regnant, is not so, 1 Bl% (o % 11=% 7hysiologists, !erha!s with reason, thin' that the child is a living "eing fro the o ent of conce!tion% 1 Bec'% ;ed% @ur% 1=1% Feneral *eferences% 1 Bec', 188 to ::1. and 81= to 8:5. where will "e found an a"stract of the laws of different countries, and so e of the states !unishing cri inal a"ortion. *oscoe, (r% Ev% 1=2. 1 *uss% 55:. vilanova y ;anes, ;ateria (ri inal 5orense, D"s% 11, c% 9 n% 15-18% <ee also 1 Briand, ;ed% Leg% 1 ere !artie, c% 8, where the #uestion is considered, how far a"ortion is ,ustifia"le, and is neither a cri e nor a isde eanor% <ee Alis% (r% L% of <cot% 618% ABORTUS% +he fruit of an a"ortion. the child "orn "efore its ti e, inca!a"le of life% <ee A"ortion. Birth. Breath. Dead "ord. Festation. Life% ABD4E% Literally higher in !laceB But in law this word is so eti es used to designate the su!erior court, or one which ay revise !roceedings of an inferior court error, fro such inferior ,urisdiction% +he court of error is called the court a"ove. the court whose !roceedings are to "e e-a ined is called the court "elow%

1% By "ail a"ove, is understood "ail to the action entered with the !rothonotary or cler', which is an a!!earance% <ee Bail a"ove% +he "ail given to the <heriff, in civil cases, when the defendant is arrested on "aila"le !rocess, is called "ail "elow. $#%v%& vide Below% TO ABRID5E, !ractice% +o a'e shorter in words, so as to retain the sense or su"stance% 0n law it signifies !articularly the a'ing of a declaration or count shorter, "y ta'ing or severing away so e of the su"stance fro it% Broo', tit% A"ridg ent ent. (o % Dig% A"ridg ent. 1 4in% A"% 12=% 1% A"ridg ent of the 7laint is allowed even after verdict and "efore ,udg ent $Booth on *% A%& in an cases of real actions where the writ is de li"% ten% generally, as in assi3e, dower. )c%. "ecause, after the a"ridg ent the writ is still true, it "eing li"eru tene entu still% But it is not allowed in a !roeci!e #uod reddat, de anding a certain nu "er of acres. for this would falsify the writ% <ee 1 <aund% 88, $n%& 8 . Bro% A"r% +it% A"r%. 11 Levin's Ent% 96. 1 <aund% ::2. Fil"% (% 7% 18=-15:. +hel% Dig% 96, c% 18, !l% 15, li"% 8% AN ABRID5MENT% An e!ito e or co !endiu of another and larger wor', wherein the !rinci!al ideas of the larger wor' are su arily contained% ?hen fairly ade, it ay ,ustly "e dee ed, within the eaning of the law, a new wor', the !u"lication of which will not infringe the co!yright of the wor' a"ridged% An in,unction, however, will "e granted against a ere colora"le a"ridg ent% 1 At'% 18:. 1 Bro% (% (% 851. 5 4es% 92=. Lofft's *% 995. A "l% 82:. 5 4es% 92=%. 1 <tory, *% 11% <ee Huotation% 1% A"ridg ents of the Law or Digests of Ad,udged (ases, serve the very useful !ur!ose of an inde- to the cases a"ridged, 5 (o% *e!% 15% Lord (o'e says they are ost !rofita"le to those who a'e the % (o% Lit% in !reface to the ta"le A at the end of the wor'% ?ith few e-ce!tions, they are not entitled to "e considered authoritative% 1 ?ils% *% 1, 1. 1 Burr% *e!% :68. 1 Bl% *e!% 121. : +% *% 68, 181% <ee /orth A erican *eview, @uly, 1816, !!% 8, 1:, for an account of the !rinci!al a"ridg ents% ABRO5ATION, in the civil law, legislation% +he destruction or annulling of a for er law, "y an act of the legislative !ower, or "y usage% A law ay "e a"rogated or only derogated fro . it is a"rogated when it is totally annulled. it is derogated fro when only a !art is a"rogatedB derogatur legi, cu !ars detrahitur. a"rogatur legi, cu !rorsus tollitur% Dig li"%% 52, t% 19, 1, 121% Le- rogatur du fertur. a"rogatur du tollitur. derogatur eide du #uodda e,us ca!ut a"oletuer. su"rogatur du ali#uid ei ad,icitur. a"rogatur deni#ue, #uoties ali#uid in ea utatur% Du!in, 7roleg% @uris, Art% iv% 1% A"rogation is e-!ress or i !lied. it is e-!ress when it, is literally !ronounced "y the new law, either in general ter s, as when a final clause a"rogates or re!eals all laws contrary to the !rovisions of the new one, or in !articular ter s, as when it a"rogates certain !receding laws which are na ed% :% A"rogation is i !lied when the new law contains !rovisions which are !ositively, contrary to the for er laws, without e-!ressly a"rogating such lawsB for it is a !osteriora derogant !riori"us% : /% <% 1=2. 12 ;% *% 191% 562% 0t is also i !lied when the order of things for which the law had "een ade no longer e-ists, and hence the otives which had caused its enact ent have ceased to o!erate. ratione legis o nino cessante cessat le-% +oullier, Droit (ivil 5rancais, tit% !rel% 11, n% 151% ;erlin, ot A"rogation% ABSCOND% +o go in a clandestine anner out of the ,urisdiction of the courts, or to lie

concealed in order to avoid their !rocess% ABSENTEE% Dne who is away fro his do icil, or usual !lace of residence% 1% After an a"sence of seven years without "eing heard fro , the !resu !tion of death arises% 1 (a !"% *% 11:. 6ardin's *% 89=. 18 @ohns% *% 181 15 ;ass% *% 825. 7ea'e's Ev% c% 18, s% 1. 1 <tar'% Ev% 859 8. 8 Barn% ) A% 811. 1 <tar'% (% 111 7ar' on 0ns% 8::. 1 Bl% *% 828. Burr v% <i , 8 ?h% 152. Bradley v% Bradley, 8 ?h% 19:% :% 0n Louisiana, when a !erson !ossessed of either ova"le or i ova"le !ro!erty within the state, leaves it, without having a!!ointed so e"ody to ta'e care of his estate. or when the !erson thus a!!ointed dies, or is either una"le or unwilling to continue to ad inister that estate, then and in that case, the ,udge of the !lace where the estate is situated, shall a!!oint a curator to ad inister the sa e% (iv% (ode of Lo% art% 52%% 0n the a!!oint ent of this curator the ,udge shall !refer the wife of the a"sentee to his !resu !tive heirs, the !resu !tive heirs to other relations. the relations to strangers, and creditors to those who are not otherwise interested, !rovided, however, that such !ersons "e !ossessed of the necessary #ualifications% 0"% art% 51% 5or the 5rench law on this su",ect, vide Biret, de l'A"sende. (ode (ivil, liv% l tit%% 8% 5ouss% li"% 1: tit% 8, n% :9=-889. ;erl% *e!% h% t%. and see also Ayl% 7and% 16=. Dig% 52, 16, 1=8. 0"% 52, 16, 19:. 0"% :, :,,6. (ode, 9 :1 11% ABSOLUTE% ?ithout any condition or encu "rance, as an Ga"solute "ond,G si !leo"ligatio, in distinction fro a conditional "ond. an a"solute estate, one that is free fro all anner of condition or incu "rance% A rule is said to "e a"solute, when, on the hearing, it is confir ed% As to the effect of an a"solute conveyance, see 1 7ow% ;ortg% 115. in relation to a"solute rights, 1 (hitty, 70% :68. 1 (hitty, 7r% :1% ABSOLUTION% A definite sentence where"y a an accused of any cri e is ac#uitted% ABS4UE HOC, !leading% ?hen the !leadings were in Latin these words were e !loyed in a traverse% ?ithout this, that, $#% v%& are now used for the sa e !ur!ose% ABS4UE IMPETITIONE VASTI% ?ithout i !each ent of waste% $#% v%& ?ithout any right to !revent waste% ABS4UE TALI CAUSA% +his !hrase is used in a traverse de in,uria, "y which the !laintiff affir s that without the cause in his !lea alleged he did co it the said tres!asses, )c% Fould on 70% c% 9, !art 1, =% ABSTENTION, 5rench law% +his is the tacit renunciation "y an heir of a succession ;erl% *e!% h%t% ABSTRACT OF TITLE% A "rief account of all the deeds u!on which the title to an estate rests% <ee Brief of +itle% ABUSE% Every thing which is contrary to good order esta"lished "y usage% ;erl% *e!% h% t% A ong the civilians, a"use has another signification. which is the destruction of the su"stance of a thing in using it% 5or e-a !le, the "orrower of wine or grain, a"uses the article lent "y using it, "ecause he cannot en,oy it without consu ing it% Leg . El% Dr% *o % 818% 816% ABUTTALS% +he "uttings and "oundings of land, showing on what other lands, rivers, highways, or other !laces it does a"ut% ;ore !ro!erly, it is said, the sides of land, are

ad,oining and the ends a"utting to the thing contiguous% 4ide Boundaries, and (ro% @ac% 188% AC ETIAM, Eng% law% 0n order to give ,urisdiction to a court, a cause of action over which the court has ,urisdiction is alleged, and also,, $ac etia & another cause of action over which, without "eing ,oined with the first, the court would have no ,urisdiction. for e-a !le, to the usual co !laint of "rea'ing the !laintiff's close, over which the court has ,urisdiction, a clause is added containing the real cause of action% +his ,uridical contrivance grew out of the <tatute 1: (harles 6% <tat% 1, c% 1% +he clause was added "y Lord /orth, (h% @% of the (% 7% to the clausu fregit writs of that court u!on which writs of ca!ias ight issue% 6e "alanced awhile whether he should not use the words nec non instead of ac etia % +he atter is fully e-!lained in Burgess on 0nsolvency, 18=% 155% 156% 159% ACCEDAS AD CURIAM, Eng% law% +hat you go to court% An original writ, issuing out of chancery, now of coarse, returna"le in C% B% or (% 7% for the re ova0 of a re!levin sued "y !laint in court of any lord, other than the county "efore the sheriff <ee 5% /% B% 18. Dyer, 16=% ACCEDAS AD VICECOMITEM, Eng% law% +he na e of a writ directed to the coroner, co anding hi to deliver a writ to the sheriff, who having a !one delivered to hi , su!!resses it% ACCEPTANCE, contracts% An agree ent to receive so ethinng which has "een offered% 1% +o co !lete the contract, the acce!tance ust "e a"solute and !ast recall, 12 7ic'% 816. 1 7ic'% 198. and co unicated to the !arty a'ing the offer at the ti e and !lace a!!ointed% 8% ?heat% *% 115. 6 ?end% 12:% :% 0n any cases acce!tance of a thing waives the right which the !arty receiving "efore had. as, for e-a !le, the acce!tance of rent after notice to #uit, in general waives% the notice% <ee (o% Litt% 111, ". 0d% 115, a%. and /otice to #uit% 8% +he acce!tance ay "e e-!ress, as when it is o!enly declared "y the !arty to "e "ound "y it. or i !lied, as where the !arty acts as if he had acce!ted% +he offer, and acce!tance ust "e in so e ediu understood "y, "oth !arties. it ay "e language, sy "olical, oral or written% 5or e-a !le, !ersons deaf and du " ay contract "y sy "olical or written language% At auction sales, the contract, generally sy "olical. a nod, a win', or so e other sign "y one !arty, i !orts that he a'es an offer, and 'noc'ing down a ha er "y the other, that he agrees to it% : D% ) E% 188% +his su",ect is further considered under the articles Assent and Dffer, $# v%& 5% Acce!tance of a "ill of e-change the act "y which the drawee or other !erson evinces his assent or intention to co !ly with and "e "ound "y, the re#uest contained in a "ill of e-change to !ay the sa e. or in other words, it is an engage ent to !ay the "ill when due% 8 East, 91, 0t will "e !ro!er to consider, 1, "y who the acce!tance ought to "e ade. 1, the ti e when it is to "e ade. :, the for of the acce!tance. 8, its e-tent or effect% 6% A 1% +he acce!tance ust "e ade "y the drawee hi self, or "y one authori3ed "y hi % Dn the !resent ent of a "ill, the holder has a right to insist u!on such an acce!tance "y

the drawee as will su",ect hi at all events to the !ay ent of the "ill, according to its tenor. conse#uently such drawee ust have ca!acity to contract, and to "ind hi self to !ay the a ount of the "ill, or it, ay "e treated as dishonored% ;arius, 11% <ee 1 Ad% ) E6% /% <% 16, 19% 9% A 1% As to the ti e when, a "ill ought to "e acce!ted, it ay "e "efore the "ill is drawn. in this case it ust "e in writing. : ;ass% 1. or it ay "e after it is drawn. when the "ill is !resented, the drawee ust acce!t the "ill within twenty-four hours after !resent ent, or it should "e treated as dishonored% (hit% Bills, 111% 119% Dn the refusal to acce!t, even within the twenty-four hours, it should "e !rotested% (hit% Bills, 119% +he acce!tance ay "e ade after the "ill is drawn, and "efore it "eco es due or after the ti e a!!ointed for !ay ent 1 6% Bl% :1:. 1 Freen, *% ::= . and even after refusal to acce!t so as to "ind the acce!tor% 8% +he acce!tance ay also "e ade su!ra !rotest, which is the acce!tance of the "ill, after !rotest for non-acce!tance "y the drawee, for the honor of the drawer, or a !articular endorser% ?hen a "ill has "een acce!ted su!ra !rotest for the honor of one !arty to the "ill, it ay "e acce!ted su!ra !rotest, "y another individual, for the honor of another% Beawes, tit% Bills of E-change, !l% 51. 5 (a !"% *% 889% =% A :% As to the for of the acce!tance, it is clearly esta"lished it ay "e in writing on the "ill itself, or on another !a!er, 8 East, =1. or it ay "e ver"al, 8 East, 69. 12 @ohn% 129. : ;ass% 1. or it ay "e e-!ressed or i !lied% 12% An e-!ress acce!tance is an agree ent in direct and e-!ress ter s to !ay a "ill of e-change, either "y the !arty on who it is drawn, or "y so e other !erson, for the honor of so e of the !arties% 0t is Esually in the words acce!ted or acce!ts, "ut other e-!ress words showing an engage ent to !ay the "ill will "e e#ually "inding% 11% An i !lied acce!tance is an agree ent to !ay a "ill, not "y direct and e-!ress ter s, "ut "y any acts of the !arty fro which an e-!ress agree ent ay "e fairly inferred% 5or e-a !le, if the drawee writes Gseen,G G!resented,G or any, other thing u!on it, $as the day on which it "eco es due,& this, unless e-!lained "y other circu stances, will constitute an acce!tance% 11% A 8% An acce!tance in regard to its e-tent and effect, conditional, or !artial% ay "e either a"solute,

1:% An a"solute acce!tance is a !ositive engage ent to !ay the "ill according to its tenor, and is usually ade "y writing on the "ill Gacce!ted,G and su"scri"ing the drawee's na e. or "y erely writing his na e either at the "otto or across the "ill% (o "% 821. 4in% A"% Bills of E-change, L 8. Bayl% 99. (hit% Bills, 116 to 118% But in order to "ind another than the drawee, it is re#uisite his na e should a!!ear% Bayl% 98% 18% A conditional acce!tance is one which will su",ect the drawee or acce!tor to the !ay ent of the oney on a contingency, Bayl% 8:, 8, 5. (hit% Bills, 1:8. 6olt's (% /% 7% 181. 5 +aunt, :88. 1 ;arsh% 186% +he holder is not "ound to receive such an acce!tance, "ut if he do receive it he ust o"serve its ter s% 8 ;%) <% 866. 1 ?% (% (% *% 885. 1 (a !"% 815% 15% A !artial acce!tance varies fro the tenor of the "ill, as where it is ade to !ay !art of the su for which the "ill is drawn, 1 <tra% 118. 1 ?ash% (% (% *% 885. or to !ay at a

different ti e, ;olloy, "% 1, c% 12, s% 12. or !lace, 8% ;%) <% 861% ACCEPTILATION, contracts% 0n the civil law, is a release ade "y a creditor to his de"tor of his de"t, without receiving any consideration% Ayl% 7and% tit% 16, !% 592% 0t is a s!ecies of donation, "ut not su",ect to the for s of the latter, and is valid, unless in fraud of creditors% ;erlin, *e!ert% de @uris!% h% t% Acce!tilation ay "e defined ver"oru conce!tio #ua creditor de"itori, #uod de"et, acce!tu fert. or, a certain arrange ent of words "y which on the #uestion of the de"tor, the creditor, wishing to dissolve the o"ligation, answers that he ad its as received, what in fact, he has not received% +he acce!tilation is an i aginary !ay ent% Dig% 86, 8, 1 and 1=. Dig% 1, 18, 19, =. 0nst% :, :2, 1% ACCEPTOR, contracts% +he !erson who agrees to !ay a "ill of e-change drawn u!on hi % +here cannot "e two se!arate acce!tors of a "ill of e-change, e% g% an acce!tance "y the drawee, and another for the honor of so e !arty to the "ill% @ac'son v% 6udson, 1 (a !"% /% 7% (% 889% 1% +he acce!tor of a "ill is the !rinci!al de"tor, and the drawer the surety% 6e is "ound, though he acce!ted without consideration, and for the sole acco odation of the drawer% By his acce!tance he ad its the drawer's handwriting, for, "efore acce!tance it was incu "ent u!on hi to in#uire into the genuineness of the drawer's handwriting% : Burr% 1:58. 1 Bla% *e!% :=2, <% (%. 8 Dall% 1:8. 1 Binn% 19, <% (% ?hen once ade, the o"ligation of the acce!tor is irrevoca"le% As to what a ounts to an acce!tance, see ante, Acce!tance. (hitty on Bills, 181, et% se#%. : Cent, (o % 55, 6. 7othier, +raite du (ontrat de (hange, !re iere !art% n% 88% :% +he lia"ility of the acce!tor cannot in general "e released or discharged, otherwise than "y !ay ent, or "y e-!ress release or waiver, or "y the act of li itations% Dougl% *% 189% ?hat a ounts to a waiver and discharge of the acce!tor's lia"ility, ust de!end on the circu stances of each !articular case% Dougl% 1:6, 188. Bayl% on Bills, =2. (hitty on Bills, 18=% ACCEPTOR SUPRA PROTEST, in contracts, is a third !erson, who, after !rotest for non-acce!tance "y the drawee, acce!ts the "ill for the honor of the drawer, or of the !articular endorser% 1% By this acce!tance he su",ects hi self to the sa e o"ligations as if the "ill had "een directed to hi % An acce!tor su!ra !rotest has his re edy against the !erson for whose honor he acce!ted, and against all !ersons who stand !rior to that !erson% 0f he ta'es u! the "ill for the honor of the endorser, he stands in the light of an endorsee !aying full value for the "ill, and has the sa e re edies to which an endorsee would "e entitled against all !rior !arties, and he can, of course, sue the drawer and endorser%, 1 Ld% *ay % 598. 1 Es!% /% 7% *e!% 111. Bayly on Bills, 12=. : Cent% (o % 59. (hitty on Bills, :11% +he acce!tor su!ra !rotest is re#uired to give thesa e notice, in order to charge a !arty, which is necessary to "e given "y other holders% 8 7ic'% 1% 9=. 1 7et% *% 161% <uch acce!tor is not lia"le, unless de and of !ay ent is ade on the drawee, and notice of his refusal given% : ?end% 8=1% ACCESS, !ersons% A!!roach, or the eans or !ower of a!!roaching% <o eti es "y access is understood se-ual intercourse. at other ti es the o!!ortunity of co unicating together so that se-ual intercourse ay have ta'en !lace, is also called access% 1 +urn% )

*% 181% 1% 0n this sense a an who can readily "e in co !any with his wife, is said to have access to her. and in that case, her issue are !resu ed to "e his issue% But this !resu !tion ay "e re"utted "y !ositive evidence that no se-ual intercourse too' !lace% l"% :% 7arents are not allowed to !rove non-access, for the !ur!ose of "astardi3ing the issue of the wife. nor will their declarations "e received after their deaths, to !rove the want of access, with a li'e intent% 1 7% A% Bro% *% A!!% -lviii%. *e!% te % 6ard% 9=. Bull% /% 7% 11:. (ow!% *% 5=1. 8 East, *% 12:. 11 East, *% 1::% 1 ;unf% *% 181. : ;unf% *% 5==. 9 /% <% 55:. 8 6ayw *% 111, : 6aw's, * 61: 1 Ash % *% 16=. 6 Binn% *% 18:. : 7aige's *% 11=. 9 /% <% 588% <ee <helf% on ;ar% ) Div% 911. and 7aternity% ACCESSARY, cri inal law% 6e who is not the chief actor in the !er!etration of the offence, nor !resent at its !erfor ance, "ut is so e way concerned therein, either "efore or after the fact co itted% 1% An accessary "efore the fact, is one who "eing a"sent at the ti e of, the cri e co itted, yet !rocures, counsels, or co ands another to co it it% 1 6ale, 7% (% 615% 0t is, !ro!er to o"serve that when the act is co itted through the agency of a !erson who has no legal discretion nor a will, as in the case of a child or an insane !erson, the incitor, though a"sent when the cri e was co itted, will "e considered, not an accessary, for none can "e accessary to the acts of a ad an, "ut a !rinci!al in the first degree% 5ost% :82. 1 7% (% 118% :% An accessary after the fact, is one who 'nowing a felony to have "een co receives, relieves, co forts, or assists the felon% 8 Bl% (o % :9% 8% /o one who is a !rinci!al $#% v%& can "e an accessary% 5% 0n certain cri es, there can "e no accessaries. all who are concerned are !rinci!als, whether they were !resent or a"sent at the ti e of their co ission% +hese are treason, and all offences "elow the degree of felony% 1 *uss% 11, et se#%. 8 Bl% (o % :5 to 82. 1 6ale, 7% (% 615. 1 4in% A"r% 11:. 6aw'% 7% (% "% 1, c% 1=, s% 16. such is the English Law% But whether it is law in the Enited <tates a!!ears not to "e deter ined as regards the cases of !ersons assisting traitors% <erg% (onst% Law, :81. 8 (ranch, *% 891, 521. Enited <tates v% 5ries, 7arn!hl% 1==% 6% 0t is evident there can "e no accessary when there is no !rinci!al. if a !rinci!al in a transaction "e not lia"le under our laws, no one can "e charged as a ore accessary to hi % 1 ?%) ;% 111% 9% By the rules of the co on law, accessaries cannot "e tried without their consent, "efore the !rinci!als% 5oster, :62% +he evils resulting fro this rule, are stated at length in the 8th vol% of +odd's <!encer, !!% :1=, ::2% ACCESSION, !ro!erty% +he ownershi! of a thing, whether it "e real or !ersonal, ova"le or i ova"le, carries with it the right to all that the thing !roduces, and to all that "eco es united to it, either naturally or artificially. this is called the right of accession% 1% A 1% +he doctrine of !ro!erty arising fro occu!ancy% accession, is grounded on the right of itted,

:% A 1% +he original owner of any thing which receives an accession "y natural or artificial eans, as "y the growth of vegeta"les, the !regnancy of ani als. Louis% (ode, art% 8=1. the e "roidering of cloth, or the conversion of wood or etal into vessels or utensils, is entitled to his right of !ossession to the !ro!erty of it, under such its state of i !rove ent. 5 6% 9, 15. 11 6% 8, 12. Bro% A"% 7ro!ertie, 1:. ;oor, 12. 7o!h% 88% But the owner ust "e a"le to !rove the identity of the original aterials. for if wine, oil, or "read, "e ade out of another an's gra!es, olives, or wheat, they "elong to the new o!erator, who is "ound to a'e satisfaction to the for er !ro!rietor for the aterials which he has so converted% 1 Bl% (o % 828. 5 @ohns% *e!% :88. Betts v% Lee, 6 @ohns% *e!% 16=. (urtiss v% Froat, 12 @ohns% 188. Ba"coc' v% Fill, = @ohns% *e!% :6:. (handler v% Edson, 5 6% 9, 15. 11 6% 8, 12. 5its% A"r% Bar% 188. Bro% A"r% 7ro!erty, 1:. Doddridge Eng% Lawyer, 115, 116, 1:1, 1:8% <ee Ad,unction. (onfusion of Foods% <ee Fenerally, Louis% (ode, tit% 1, c% 1 and :% ACCESSION, international law, is the a"solute or conditional acce!tance "y one or several states, of a treaty already concluded "etween one or several states, of a traty already concluded "etween other sovereignties% ;erl% *e!% ot Accession% ACCESSORY, !ro!erty% Everything which is ,oined to another thing, as an orna ent, or to render it ore !erfect, is an accessory, and "elongs to the !rinci!al thing% 5or e-a !le, the halter of a horse, the fra e of a !icture, the 'eys of a house, and the li'e. "ut a "e#uest of a house would not carry the furniture in it, as accessory to it% Do at, Lois (iv% 7art% 1, liv% 8, tit% 1, s% 8, n% 1% Accesioriu non ducit, sed se#uitur !rinci!ale% (o% Litt% 151, a% (o% Litt% 111, "% note $6&% 4ide Accession. Ad,unction. A!!endant. A!!urtenances. A!!urtenant. 0ncident% ACCESSORY CONTRACT% one ade for assuring the !erfor ance of a !rior contract, either "y the sa e !arties, or "y others. such as suretyshi!, ortgages, and !ledges% 1% 0t is a general rule, that !ay ent of the de"t due, or the !erfor ance of a thing re#uired to "e !erfor ed "y the first or !rinci!al contract, is a full discharge of such accessory o"ligation% 7oth% D"% !art% 1, c% 1, s% 1, art% 1, n% 18% 0d% n% 181, 186% <ee 8 ;ass% 551. 15 ;ass% 1::. 19 ;ass% 81=. 8 7ic'% 11. 8 7ic'% 511% :% An accessory agree ent to guaranty an original contract, which is void, has no "inding effect% 6 6u !h% 161% A((0DE/+% +he ha!!ening of an event without the concurrence of the will of the !erson "y whose agency it was caused or the ha!!ening of an event without any hu an agency. the "urning of a house in conse#uence of a fire "eing ade for the ordinary !ur!ose of coo'ing or war ing the house, which is an accident of the first 'ind. the "urning of the sa e house "y lightning would have "een an accident of the second 'ind% 1 5on"% E#% :98, 5, note% 1% 0t fre#uently ha!!ens that a lessee covenants to re!air, in which case he is "ound to do so, although the !re ises "e "urned down without his fault% 1 6ill% A"% c% 15, s% 96% But if a !enalty "e anne-ed to the covenant, inevita"le accident will e-cuse the for er, though not the latter% 1 Dyer, ::, a% /either the landlord nor the tenant is "ound to re"uild a house "urned down, unless it has "een so e-!ressly agreed% A "% 61=. 1 +% *% 928. 8 A 7aige, *% :55. 6 ;ass% *% 69. 8 ;'(ord, *% 8:1. : Cent, (o % :9:% :% 0n /ew @ersey, "y statute, no action lies against any !erson on the ground that a fire "egan in a house or roo occu!ied "y hi , if accidental% But this does not affect any

covenant% 1 /% @% *ev% (% 116% ACCIDENT, !ractice% +his ter in chancery ,uris!rudence, signifies such unforeseen events, isfortunes, losses, acts or o issions, as are not the result of any negligence or isconduct in the !arty% 5rancis' ;a-% ;% 112, !% 89. 1 <tory on E#% 98% @ere y defines it as used in courts of e#uity, to "e G an occurrence in relation to a contract, which was not antici!ated "y the !arties, when the sa e was entered into, and which gives an undue advantage to one of the over the other in a court of law%G @er% on E#% :58% +his definition is o",ected to, "ecause as accident ay arise in relation to other things "esides contracts, it is inaccurate in confining accidents to contracts. "esides, it does not e-clude cases of unantici!ated occurrences, resulting fro the negligence or isconduct of the !arty see'ing relief% 1 <tory on E#% 98, note 1% 1% 0n general, courts of e#uity will relieve a !arty who cannot o"tain ,ustice in conse#uence of an accident, which will ,ustify the inter!osition of a court of e#uity% +he ,urisdiction "eing concurrent, will "e aintained only, first, when a court of law cannot grant suita"le relief. and, secondly, when the !arty has a conscientious title to relief% :% ;any accidents are redressed in a court of law. as loss of deeds, ista'es in recei!ts and accounts, wrong !ay ents, death, which a'es it i !ossi"le to !erfor a condition literally, and a ultitude of other contingencies. and any cannot "e redressed even in a court of e#uity. is if "y accident a recovery is ill suffered, a contingent re ainder destroyed, or a !ower of leasing o itted in a fa ily settle ent% : Bl% (o % 8:1% 4ide, generally, (o % Dig% (hancery, : 5 8. 1 5on"% E#% B% 1, c% :, s% 9. (oo!% E#% 70% 11=. 1 (hit% 7r% 828. 6arr% (h% 0nde-, h% t%. Dane's A"% h% t%. ?heat% Dig% 88. ;itf% 7l% 0nde-, h% t%. 1 ;add% (h% 7r% 1:. 12 ;od% *% 1, :. : (hit% Bl% (o % 816, n% ACCOMENDA, ar% law% 0n 0taly, is a contract which ta'es !lace when an individual entrusts !ersonal !ro!erty with the aster of a vessel, to "e sold for their ,oint account% 0n such case, two contracts ta'e !lace. first, the contract called andatu , "y which the owner of the !ro!erty gives the aster !ower to dis!ose of it, and the contract of !artnershi!, in virtue of which, the !rofits are to "e divided "etween the % Dne !arty runs the ris' of losing his ca!ital, the other his la"or% 0f the sale !roduces no ore than first cost, the owner ta'es all the !roceeds. it is only the !rofits which are to "e divided% E er% on ;ar% Loans, B% 5% ACCOMODATION, co % law% +hat which is done "y one erchant or other !erson for the convenience of so e other, "y acce!ting or endorsing his !a!er, or "y lending hi his notes or "ills% 1% 0n general the !arties who have drawn, endorsed or acce!ted "ills or other co ercial !a!er for the acco odation, of others, are, while in the hands of a holder who received the "efore they "eca e due, other than the !erson for who the acco odation was given, res!onsi"le as if they had received full value% (hit% Bills, =2. =1% <ee 8 (ranch, 181. 1 6a % 81:. 9 @ohn% :61. 15 @ohn% :55, 19 @ohn% 196. = ?end% 192. 1 ?hart% :88. 5 ?end% 566. 8 ?end% 8:9. 1 6ill, <% (% :61. 12 (onn% :28. 6 ;unfd% :81% ACCOMMODATION, contracts% An a ica"le agree ent or co !osition "etween two contending !arties% 0t differs fro accord and satisfaction, which ay ta'e !lace without any difference having e-isted "etween the !arties% ACCOMPLICE, cri % law% +his ter includes in its eaning, all !ersons who have

"een concerned in the co ission of a cri e, all !artice!es cri itis, whether they are considered in strict legal !ro!riety, as !rinci!als iu the first or second degree, or erely as accessaries "efore or after the fact% 5oster, :81. 1 *ussell, 11. 8 Bl% (o % ::1. 1 7hil% Ev% 18. ;erlin, *e!ertoire, ot (o !lice% E% <% Dig% h% t% 1% But in another sense, "y the word acco !lice is eant, one who not "eing a !rinci!al, is yet in so e way concerned in the co ission of a cri e% 0t has "een #uestioned, whether one who was an acco !lice to a suicide can "e !unishhed as such% A case occurred in 7russia where a soldier, at the re#uest of his co rade, had cut the latter in !ieces. for this he was tried ca!itally% 0n the year 1819, a young wo an na ed Leruth received a reco !ense for aiding a an to 'ill hi self% 6e !ut the !oint of a "istouri on his na'ed "reast, and used the hand of the young wo an to !lunge it with greater force into his "oso . hearing so e noise he ordered her away% +he an receiving effectual aid was soon cured of the wound which had "een inflicted. and she was tried and convicted of having inflicted the wound, and !unished "y ten years' i !rison ent% Le!age, <cience du Driot,c h% 1 art% :, 5% +he case of <aul, the 'ing of 0srael, and his ar or "earer, $1 <a % ---i% 8,& and of David and the A ele'ite, $1 <a % i% 1-16,& will dou"tless occur to the reader% ACCORD, in contracts% A satisfaction agreed u!on "etween the !arty in,uring and the !arty in,ured, which when !erfor ed is a "ar to all actions u!on this account% : Bl% (o % 15. Bac% A"r, Accord% 1% 0n order to a'e a good accord it is essentialB 1% +hat the accord "e legal% An agree ent to dro! a cri inal !rosecution as a satisfaction for an assault and i !rison ent, is void% 5 East, 1=8% <ee 1 ?ils% :81 (ro% Eli3% 581% :% A 1% 0t ust "e advantageous to the contracting !arty. hence restoring to the !laintiff his chattels, or his land, of which the defendant has wrongfully dis!ossessed hi , will not "e any consideration to su!!ort a !ro ise "y the !laintiff not to sue hi for those in,uries% Bac% A"r% Accord, )c% A. 7er'% s% 98=. Dyer, 95. 5 East, *% 1:2. 1 <tr% *% 816. 1 +% *% 18. 11 East, *% :=2. : 6aw's, *% 582. 1 Litt% *% 8=. 1 <tew% *% 896. 5 Day, *% :62. 1 *oot, *% 816. : ?end% *% 66. 1 ?end, *% 168. 18 ?end% *% 116. : @% @% ;arsh% *% 8=9% 8% A :% 0t ust "e certain. hence an agree ent that the defendant shall relin#uish the !ossession of a house in satisfaction, )c%, is not valid, unless it is also agreed at what ti e it shall "e relin#uished% >elv% 115% <ee 8 ;od% 88. 1 @ohns% :81. : Lev% 18=% 5% A 8% +he defendant ust "e !rivy to the contract% 0f therefore the consideration for the !ro ise not to sue !roceeds fro another, the defendant is a stranger to the agree ent, and the circu stance that the !ro ise has "een ade to hi will "e of no avail% <tr% 5=1. 6, @ohn% *% :9. : ;onr% *% :21 "ut in such case e#uity will grant relief "y in,unction% : ;onr% *% :21. 5 East, *% 1=8. 1 < ith's *% 615. (ro% Eli3% 681. = (o% 9=, ". : +aunt% *% 119. 5 (o% 119, "% 6% A 5% +he accord ust "e e-ecuted% 5 @ohns% *% :86. : @ohns% (as% 18:. 16 @ohns% *% 86. 1 ?ash% (% (% *% 182. 6 ?end% *% :=2. 5 /% 6% *e!% 1:6. (o % Dig% Accord, B 8% 9% Accord with satisfaction when co !leted has two effects. it is a !ay ent of the de"t. and it is a s!ecies of sale of the thing given "y the de"tor to the creditor, in satisfaction. "ut it differs fro it in this, that it is not valid until the delivery of the article, and there is no warranty of the thing thus sold, e-ce!t !erha!s the title. for in regard to this, it cannot

"e dou"ted, that if the de"tor gave on an accord and satisfaction the goods of another, there would "e no satisfaction% <ee Dation, en !aie ent% <ee in general (o % Dig% h% t%. Bac% A"% h% t%. (o % Dig% 7leader, 1 4 8. 5 East, *% 1:2. 8 ;od% 88 . 1 +aunt% *% 818. 9 East, *% 152. 1 @% B% ;oore, :58, 862. 1 ?ils% *% 86. 6 (o% 8:, ". : (hit% (o % Law, 689 to 6=8. 6arr% Dig% h% t%. 1 ?% Bl% :88. 1 +% *% 18. 1 +aunt% 181. : +aunt% 119. 5 B%) A% 886. 1 (hit% *% :2: :18. 11 East, 8=2. 9 7rice, 628. 1 Freenl% Ev% 18. 1 Bouv% 0nst% n% 825. : Bouv% 0nst% n% 1898-9=-82-81% 4ide Discharge of D"ligations% ACCOUCHEMENT% +he act of giving "irth to a child% 0t is fre#uently i !ortant to !rove the filiation of an individual. this ay "e done in several ways% +he fact of the accouche ent ay "e !roved "y the direct testi ony of one who was !resent, as a !hysician, a idwife, or other !erson% 1 Bouv% 0nst% u% :18% ACCOUNT, re edies% +his is the na e of a writ or action render% ore !ro!erly called account

1% 0t is a!!lica"le to the, case of an unli#uidated de and, against a !erson who is chargea"le as "ailiff or receiver% +he use of it, is where the !laintiff wants an account and cannot give evidence of his right without it% 5 +aunt% 8:1 0t is necessary% where the recei!t was directed to a erchandising which a'es all uncertainty of the nett re ain, till the account is finished. or where a an is charged as "ailiff, whereu!on the certainty of his recei!t a!!ears not till account% 6o"% 12=%. <ee also 8 (owen, *% :28. = (onn% *% 556. 1 Day, *% 18. Cir"y, 168. : Fill ) @ohn% :88. : 4er % 885. 8 ?atts, 812. 8 (owen, 112% 0t is also the !ro!er re edy "y one !artner against another% 15 <% ) *% 15: : Binn% :19. 12 <% ) *% 112. 1 (onn% 815. 8 4er % 1:9. 1 Dall% :82. 1 ?atts 86% :% +he interlocutory ,udg ent in this action is $#uod co !utet& that the defendant render an account u!on which ,udg ent auditors are assigned to hi to hear and re!ort his account% $<ee 0 Lutwych, 89. : Leon% 18=, for !recedents& As the !rinci!al o",ect of the action is to co !el a settle ent of the account in the first instance, s!ecial "ail cannot "e de anded, $1 *oll% *e!% 5:. 1 Ce"le, 828,& nor are da agos awarded u!on the first ,udg ent, nor given e-ce!t ratione inter!lacitationis, $(ro% Eli3% 8:. 5 Binn% 668. 18 Ed% :% 16. 18 Ed% :% 55. *eg% Brev% 1:6 ",& although it is usual to conclude the count with a de and of da ages% $Li"% 0nt% fo% 16% fo% 12. 1 Lutw% 51% 58. 1 6% 9% 1:%& +he reason assigned for this rule, is, that it ay "e the defendant will not "e found in arrears after he has accounted, and the court cannot 'now until the settle ent of the account whether the !laintiff has "een enda aged or not% 9 6% 6% :8% 8% +his action co "ines the !ro!erties of a legal and e#uita"le action% +he !roceedings u! to the ,udg ent #uod co !utet, and su"se#uent to the account re!orted "y the auditors are conducted u!on the !rinci!les of the co on law% But the account is to "e ad,usted u!on the ost li"eral !rinci!les of e#uity and, good faith% $7er 6erle, (h% @% : Ed% :% 12%& +he court it is said are ,udges of the action A the auditors of the account, Bro% A"% Ace% 88, and "oth are ,udges of record, 8 6% 6% 19. <tat% ?est% 1% c% 11% +his action has received e-tension in 7ennsylvania% 1 Dall% ::=, :82% 5% +he fist ,udg ent $#uod co !utet& is enforeed "y a ca!ias ad co !utandu where defendant refuses to a!!ear "efore the auditors, u!on which he ay "e held to "ail, or in default of "ail "e ade to account in !rison% +he final ,udg ent #uod recu!eret is

enforeed "y fi% fa% or such other !rocess as the law allows for the recovery of de"ts% 6% 0f the defendant charged as "ailiff is found in sur!lusage, no ,udg ent oan "e entered thereon to recover the a ount so found in his favor against the !laintiff, "ut as the auditors are ,udges of record, he ay "ring an action of de"t, or "y so e authorities a sci% fac% against the !laintiff, whereon he ay have ,udg ent and e-ecution against the !laintiff% <ee 7al % 511. 1 Bulst% 199-8. 1 Leon% 11=. : Ce"le *e!% :61. 1 *oll% A"% 5==, !l% 11. Bro% A"% Acc% 61. 1 *oll% *e!% 89% <ee Bailiff, in account render% 9% 0n those states where they have courts of chancery, this action is nearly su!erseded "y the "etter re edy which is given "y a "ill in e#uity, "y which the co !lainant can elicit a discovery of the acts fro the defendant under his oath, instead of relying erely on the evidence he ay "e a"le to !roduce% = @ohn% *% 892. 1 7aige, *% 81. 1 (aines' (as% Err% :8, 61. 1 @% @% ;arsh% *% 81. (oo'e, *% 812. 1 >erg% *% :62. 1 @ohn% (h% *% 818. 12 @ohn% *% 589. 1 *and% *% 88=. 1 6en% ) ;=. 1 ;'(ord's (h% *% 86=. 1 Leigh's *% 6% 8% (ourts of e#uity have concurrent ,urisdiction in atters of account with courts of law, and so eti es e-clusive ,urisdiction at least in so e res!ectsB 5or e-a !le. if a !laintiff "e entitled to an account, a court of e#uity will restrain the defendant fro !roceeding in a clai , the correctness of which cannot "e ascertained until the account "e ta'en. "ut not where the su",ect is a atter of set-off% 1 <ch% ) Lef% :2=. Eden on 0n,unct% 1:, 18% =% ?hen an account has voluntarily "een stated "etween !arties, an action of assu !sit ay "e aintained thereon% : Bl% (o % 161. 8 (o % Dig% 9. 1 (o % Dig% 182. 1 0"% 868. 1 4in% A"% 1:5. Bac% A"% h% t%. Doct% 7l% 16. >elv% 121. 1 <u!!% to 4es% @r, 119. 1 0"% 88, 1:6% 4ide 1 Binn% *% 1=1. 8 Dall% *% 8:8. ?hart% Dig% h% t% . : ?ils% 9:, =8. 8 D%) *% 5=6. Bull% /% 7% 118. 5 +aunt% 8:1. E% <% Dig% h% t%. 1 Freenl% Ev% :8-:=% ACCOUNT, !ractice% A state ent of the recei!ts and !ay ents of an e-ecutor, ad inistrator, or other trustee, of the estate confided to hi % 1% Every one who ad inisters the affairs of another is re#uired at the end of his ad inistration to render an account of his anage ent of the sa e% +rustees of every descri!tion can, in general, "e co !elled "y courts of chancery to settle accounts, or otherwise fully e-ecute their trusts% ?here there are no courts of chancery, the courts of co on law are usually invested with !ower for the sa e !ur!oses "y acts of legislation% ?hen a !arty has had the !ro!erty of another as his agent, he ay "e co !elled at co on law to account "y an action of account render% :% An account is also the state ent of two erchants or others who have dealt together, showing the de"its and credits "etween the % ACCOUNT6BOO7% A "oo' 'e!t "y a erchant, trader, echanic, or other !erson, in which are entered fro ti e to ti e the transactions of his trade or "usiness% 4ide Boo's. Entry. Driginal entry% ACCOUNT CURRENT% A running or o!en account "etween two !ersons% ACCOUNT IN BAN7, co % law% 1B A fund which erchants, traders and others have de!osited into the co on cash of so e "an', to "e drawn out "y chec's fro ti e to ti e as the owner or de!ositor ay re#uire% 1% +he state ent of the a ount de!osited and drawn, which is 'e!t in du!licate, one in the de!ositor's "an' "oo', and the other in the "oo's of the "an'%

ACCOUNT STATED% +he settle ent of an account "etween the !arties, "y which a "alance is struc' in favor of one of the , is called an account stated% 1% An ac'nowledgnaent of a single ite of de"t due fro the defendant to the !laintiff is sufficient to su!!ort a count on an account stated% 1: East, 18=. 5 ;%) <% 65% :% 0t is !ro!osed to consider, 1st, "y who an account ay, "e stated. 1d, the anner of stating the account. :d, the declaration u!on such, an account. 8th, the evidence% 8% 1% An account ay "e stated "y a an and his wife of the one !art, and a third !erson. and unless there is an e-!ress !ro ise to !ay "y the hushand, 5oster v% Allanson, 1 +% *% 88:, the action ust "e "rought against hushand and wife% Drue v% +horne, Aleyn, 91% A !laintiff cannot recover against a defendant u!on an account stated "y hi , !artly as ad inistrator and !artly in his own !rivate ca!acity% 6errenden v% 7al er, 6o"% 88% 7ersons wanting a legal ca!acity to a'e a contract cannot, in general, state an account. as infants, +ru an v% 6urst, 1 +% *% 82. and !ersons non co !os entis% 5% A !laintiff ay recover on an account stated with the defendant, including de"ts due fro the defendant alone, and fro the defendant and a deceased !artner ,ointly% *ie"ards v% 6eather, 1 B%) A% 1=, and see 7ea'e's Ev% 159% A settle ent "etween !artners, and stri'ing a "alance, will ena"le a !laintiff to aintain an action on such stated account for the "alance due hi , D3eas v% @ohnson, 8 Dall% 8:8. <% (% 1 Binn% 1=1. <% 7% Andrews v% Allen, = <% ) *% 181. and see La elere v (a3e, 1 ?% (%(%*% 8:5% 6% A 1% 0t is sufficient, although the account "e stated of that which is due to the !laintiff only without a'ing any deduction for any counter-clai for the defendant, <tyart v% *owland, 1 <how% 115% 0t is not essential that there should "e cross de ands "etween the !arties or that the defendant's ac'nowledg ent that a certain su was due fro hi to the !laintiff, should relate to ore than a single de"t, or transaction% 6 ;aule ) <elw% 65. Cnowles et al% 1: East, 18=% +he ac'nowledg ent "y the defendant that a certain su is due, creates an i !lied !ro ise to !ay the a ount% ;ilward v% 0ngraha , 1 ;od% 88. 5oster v% Allanson, 1 +% *% 882% 9% A :% A count on an account stated is al ost invaria"ly inserted in declarations in assu !sit for the recovery of a !ecuniary de and% <ee for , 1 (hit% 70% ::6% 0t is advisa"le, generally, to insert such a count, ;ilward, v% 0ngraha , 1 ;od% 88. +rue an v% 6urst, 1 +% *% 81. unless the action "e against !ersons who are inca!a"le in law to state an account% 0t is not necessary to set forth the su",ect- atter of the original de"t, ;ilward v% 0ngraha , 1 ;od% 88. nor is the su alleged to "e due aterial% *olls v% Barnes, 1 Bla% *e!% 65. <% (% 1 Burr% =% 8% A 8% +he count u!on an account stated, is su!!orted "y evidence of an ac'nowledg ent on the !art of the defendant of oney due to the !laintiff, u!on an account "etween the % But the su ust have "een stated "etween the !arties. it is not sufficient that the "alance ay "e deduced fro !artnershi! "oo's% Andrews v% Allen, = <%)% *% 181% 0t is unnecessary to !rove the ite s of which the account consists. it is sufficient to !rove so e e-isting antecedent de"t or de and "etween the !arties res!ecting which an account was stated, 5 ;oore, 125. 8 B%) (% 1:5, 181. 6 D%) *% :26. and that a "alance was struc' and agreed u!on. Bartlet v% E ery, 1 +% *% 81, n. for the stating of the account is the consideration of the !ro ise% Bull% /% 7% 11=% An account stated does not alter the original de"t. Aleyn, 91. and it see snot to "e conclusive against the !arty ad itting the

"alance against hi % 1 +% *% 81% 6e would !ro"a"ly "e allowed to show a gross error or ista'e iu the account, if he could adduce clear evidence to that effect% <ee 1 Es!% *% 15=% And see generally tit% 7artner's. (hit% (ontr% 1=9. <tar'% Ev% 11:. 1 (hit% 7l% :8:% =% 0n courts of e#uity when a "ill for an account has "een filed, it is a good defence that the !arties have already in writing stated and ad,usted the ite s of the account, and struc' a "alance. for then an action lies it law, and there is no ground for the interference of a court of e#uity% 1 At'% 1. 1 5ree % 61. 8 (ranch, :26. 11 ?heat% 1:9. = 4es% 165. 1 Bro% (h% *% :12. : Bro% (h% *% 166. 1 (o-, 8:5% 12% But if there has "een any ista'e, o ision, fraud, or undue advantage, "y which the account stated is in fact vitiated, and the "alance incorrectly fi-ed, a court of e#uity will o!en it, and allow it to "e re-e-a ined. and where there has "een gross fraud it will direct the whole account to "e o!ened, and e-a ined de novo% 5on"l% E#% "% 1, c% 1 :, note $f&. 1 @ohn% (h% *% 552% 11% <o eti es the court will allow the account to stand, with li"erty to the !laintiff to surcharge and falsify it. the effect of this is, to leave the account in full force and vigor, as a stated account, e-ce!t so far as it can "e i !ugned "y the o!!osing !arty% 1 4es% 565. 11 ?heat% 1:9% <ee 5alsification. <urcharge% ACCOUNT OF SALES% co % law% An account delivered "y one erchant or trades an to another, or "y a factor to his !rinci!al, of the dis!osal, charges, co issions and net !roceeds of certain erchandise consigned to such erchant, trades an or factor, to "e sold% ACCOUNTANT% +his word has several significationsB 1% Dne who is versed in accounts. 1% A !erson or officer a!!ointed to 'ee! the accounts of a !u"lic co !any. :% 6e who renders to another or to a court a ,ust and detailed state ent of the ad inistration of !ro!erty which he holds as trustee, e-ecutor, ad nistrator or guardian% 4ide 16 4in% A"% 155% ACCOUPLE% +o accou!le is to arry% <ee /e un#uas accou!le% TO ACCREDIT, international law% +he act "y which a di!lo atic agent is ac'nowledged "y the govern ent near which he is sent% +his at once a'es his !u"lic character 'nown, and "eco es his !rotection% ACCRETION% +he increase of land "y the washing of the seas or rivers% 6ale, De @ure ;aris, 18% 4ide Alluvion. Avulsion% TO ACCRUE% Literally to grow to. as the interest accrues on the !rinci!al% Accruing costs are those which "eco e due and are created after ,udg ent of an e-ecution% 1% A +o accrue eans also to arise, to ha!!en, to co e to !ass. as the statute of li itations does not co ence running until the cause of action has accrued% 1 Bouv% 0nst% n% 861. 1 *awle, 199. 12 ?atts, :6:. Bac% A"r% Li itation of Actions, D :% ACCUMULATIVE JUD5MENT% A second or additional ,udg ent given against one, who has "een convicted, the e-ecution or effect of which is to co ence after the first has e-!ired. as, where a an is sentenced to an i !rison ent for si- onths on conviction of larceny, and, afterwards he is convicted of "urglary, he ay "e sentenced to undergo an i !rison ent for the latter cri e, to co ence after the e-!iration of the

first i !rison ent. this is called an accu ulative ,ufg ent% ACCUSED% Dne who is charged with a cri e or isde eanor% ACCUSATION, cri % law% A charge ade to a co !etent officer against one who has co itted a cri e or isde eanor, so that he ay "e "rought to ,ustice and !unish ent% 1% A neglect to accuse ay in so e cases "e consicleied a $#% v%& 1 Bro% (iv% Law, 189. 1 0d% :8=. 0nst% li"% 8, tit% 18% isde eanor, or is!rision%

:% 0t is a rule that no an is "ound to accuse hi self, or to testify against hi self in a cri inal case% Accusare ne o se de"et nisi cora Deo% 4ide Evidence. 0nterest. ?itness% ACCUSER% Dne who a'es an accusation% ACHAT% +his 5rench word signifies a !urchase% 0t is used in so e of our law "oo's, as well as achetor, a !urchaser, which in so e ancient statutes eans !urveyor% <tat% :6 Edw% 000% ACHERSET, o"solete% An ancient English with their #uarter or eight "ushels% easure of grain, su!!osed to "e the sa e

AC7NOWLED5MENT, conveyancing% +he act of the grantor going "efore a co !etent officer, and declaring the instru ent to "e his act or deed, and desiring the sa e to "e recorded as such% +he certificate of the officer on the instru ent, that such a declaration has "een ade to hi , is also called an ac'nowledg ent% +he ac'nowledg ent or due !roof of the instru ent "y witnesses, ust "e ade "efore it can "e !ut u!on record% 1% Below will "e found the law of the several states relating to the officer "efore who the ac'nowledg ent ust "e ade% @ustice re#uires that credit should "e here give for the valua"le infor ation which has "een derived on this su",ect fro ;r% 6illiard's A"ridg ent of the A erican Law of *eal 7ro!erty, and fro % Friffith's *egister% ;uch valua"le infor ation has also "een received on this su",ect fro the corres!ondents of the author% :% Ala"a a% Before one of the ,udges of the su!erior court, or any one of the ,ustices of the county court. Act of ;arch :, 182:. or "efore any one of the su!erior ,udges or ,ustices of the #uoru of the territory $state&. Act of Dec% 11, 1811. or "efore the cler's of the circuit and county courts, within their res!ective counties. Act of /ov% 11, 1818. or any two ,ustices of the !eace. Act of Dee% 19, 181=. or cler's of the circuit% courts, for deeds conveying lands anywhere in the state. Act of @anuary 6, 18:1. or "efore any notary !u"lic, 0d, sec% 1. or "efore one ,ustice of the !eace. Act of @anuary 5, 18:6. or "efore the cler's of the county courts. Act of 5e"% 1, 18:=. <ee Ai'en's Dig% 88, 8=, =2, =1, 616. ;ee''s <u!!l% 86% 8% ?hen the ac'nowledg ent is out of the state, in one of the Enited <tates or territories thereof, it ay "e ade "efore the chief ,ustice or any associate ,udge of the su!re e court of the Enited <tates, or any ,udge or or ,ustice of the su!erior court of any state, or territory in the Enion% Ai'en's Dig% 8=% 5% ?hen it is ade out of the Enited <tates, it ay "e ade "efore and certified "y any court of law, ayor or other chief agistrate of any city, "orough or cor!oration of the 'ingdo , state, nation, or colony, where it is ade% Act of ;arch :,182:%

6% ?hen a fe e covert is a grantor, the officer ust certify that she was e-a ined Gse!arately and a!art fro her said hushand and that on such !rivate e-a ination, she ac'nowledged that she signed, sealed and delivered the deed as her voluntary act and deed, freely and without any threat, fear, or co !ulsion, of her said hushand%G 9% Ar'ansas% +he !roof or ac'nowledg ent of every deed or instru ent of writing for the conveyance of real estate, shall "e ta'en "y so e one of the following courts or officersB 1% ?hen ac'nowledged or !roven within this state, "efore the su!re e court, the circuit court, or either of the ,udges thereof, or of the cler' of either of the said courts, or "efore the county court, or the ,udge thereof, or "efore an ,ustice of the !eace or notary !u"lic% 8% A 1% ?hen ac'nowledged or !roven without this state, and within the Enited <tates or their territories, "efore any court of the Enited <tates, or of any state or territory having a seal, or the cler' of any such court, or "efore the ayor of any city or town, or the chief officer of any city or town having a seal of office% =% A :%?hen ac'nowledged or !roven without the Enited <tates, "efore any court of any state, 'ingdo or e !ire having a seal, or any ayor or chief officer of any city% or town having an official seal, or "efore any, officer of any foreign country, who "y the laws of such country, is authori3ed to ta'e !ro"ate of the conveyance of real estate of his own country, if such officer has "y law an official seal% 12% +he conveyance of any real estate "y any arried wo an, or the relin#uish ent of her dower in any of her hushand's real estate, shall "e authenticated, and the title !assed, "y such arried wo an voluntarily a!!earing "efore the !ro!er court or officer, and, in the a"sence of her hushand, declaring that she had of her own free will e-ecuted the deed or instru ent in #uestion, or that she had signed and sealed the relin#uish ent of dower for the !ur!oses therein contained and set forth, without any co !ulsion or undue influence of her hushand% Act of /ov% :2, 18:9, s% 1:, 11. *ev% <tat% 1=2, 1=1% 11% 0n cases of ac''owledg ent or !roof of deeds or conveyances of real estate ta'en within the Enited <tates or territories thereof, when ta'en "efore a court or officer, having a seal of office, such deed or conveyance shall "e attested under such seal of office. and if such officer have no seal of office, then under the official signature of such officer, 0de , s% 18. *ev% <tat% 1=2% 11% 0n all cases of deeds, and conveyances !roven or ac'nowledged without the Enited <tates or their territories, such ac'nowledg ent or !roof ust "e attested under the official seal of the court or officer "efore who such !ro"ate is had% 0de , s% 15% 1:% Every court or officer that shall ta'e the !roof or ac'nowledg ent of any deed or conveyance of real estate, or the relin#uish ent of dower of any arried wo an in any conveyance of the estate of her hushand, shall grant a certificate thereof, and cause such certificate to "e endorsed on the said deed, instru ent, conveyance or relin#uish ent of dower, which certificate shall "e signed "y the cler' of the court where the !ro"ate is ta'en in court, or "y the officer "efore who the sa e is ta'en and sealed, if he have a seal of office% 0de , s% 16% 18% (onnecticut% 0n this state, deeds ust "e ac'nowledged "efore a ,udge of the su!re e or district court of the Enited <tates, or the su!re e or su!erior court, or court of co on !leas or county court of this state, or a notary !u"lic%

15% ?hen the ac'nowledg ent is ade in another state or territory of the Enited <tates, it ust "e "efore so e officer or co isioner having !ower to ta'e ac'nowledg ents there% 16% ?hen ade out of the Enited <tates "efore a resident A erican consul, a ,ustice of the !eace, or notary !u"lic, no different for is used, and no different e-a ination of a fe e covert fro others% <ee Act of 1818. Act of 18::. 1 6ill% A"% c% :8, s% 81% 19% Delaware% Before the su!re e court, or the court of co on !leas of any county, or a ,udge of either court, or the chancellor, or two ,ustices of the !eace of the sa e county% 18% +he certificate of an ac'nowledg ent in court ust "e under the seal of the court% 1=% A fe e covert ay also a'e her ac'nowledg ent "efore the sa e officers, who are to e-a ine her se!arately fro her hushand% 12% An ac'nowledg ent out of the state, ay "e ade "efore a ,udge of any court of the Enited <tates, the chancellor or ,udge of a court of record, of the said court itself, or the chief officer of a city or "orough, the certificate to "e under the official seal. if "y a ,udge, the seal to "e affi-ed to his certificate, or to that of the cler' or 'ee!er of the seal% (o issioners a!!ointed in other states ay also ta'e ac'nowledg ents% 1 6ill% A"% 881 . Friff% *eg% h% t% 11% 5lorida% Deeds and ortgages ust "e ac'nowledged within the state "efore the officer authori3ed "y law to record the sa e, or "efore so e ,udicial officers of this state% Dut of the state, "ut within so e other state or territory of the Enited <tates, "efore a co issioner of 5lorida, a!!ointed under the act !assed @anuary 18, 18:1. and where there is no co issioner, or heis una"le to attend& "efore the chief ,ustice, ,udge, !residing ,udge, or !resident of any court of record of the Enited <tates or of any state or territory thereof having a seal and a cler' or !rothonotary% +he certificate ust show, first, that the ac'nowledg ent was ta'en within the territorial ,urisdiction of the officer. secondly, the court of which he is such officer% And it ust "e acco !anied "y the certificate of the cler' or !rothonotary of the court of which he is ,udge, ,ustice or !resident, under the seal of said court that he is duly a!!ointed and authori3ed as such% Dut of the Enited <tates% 0f in Euro!e, or in /orth or <outh A erica, "efore% any inister !leni!otentiary, or inister e-traordinary, or any c"arge d'affaires, or consul of the Enited <tates, resident or accredited there% 0f in any !art of Freat Britain and 0reland, or the do inions thereeunto "elonging, "efore the consul of the Enited <tates, resident or accredited therein, or "efore the ayor or other chief agistrate of London, Bristol, Liver!ool, Du"lin or Edin"urgh, the certificate to "e under the hand and seal of the officer%0n any other !lace out of the Enited <tates, where there is no !u"lic inister, consul or vice consul, co ercial agent or vice co ercial agent of the Enited <tates, "efore two su"scri"ing witnesses and officers of such !lace, and the identity of such civil officer and credi"ility, shall "e certified "y a consul or vice consulof the Enited <tates, of the govern ent of which such !lace is a !art% 11% +he certificate of ac'nowledg eut of a arried, wo an ust state that she was e-a ined a!art fro her hushand, that she e-ecuted such deeds, )c%, freely and without any fear or co !ulsion of her hushand% 1:% Feorgia% Deeds of conveyance of land in the state ust "e e-ecuted in the !reseace of two witnesses, and !roved "efore a ,ustice of the !eace, a ,ustice of the inferior court, or

one of the ,udges of the su!erior courts%0f e-ecuted in the !resence of one witness and a agistrate, no !ro"ate is re#uired% 7rince's Dig% 161. 1 Laws of Feo% 115% 18% ?hen out of the state, "ut in the Enited <tates, they ay "e !roved "y affidavit of one or ore of the witnesses thereto, "efore any governor, chief ,ustice, ayor, or other ,ustice, of either of the Enited <tates, and certified accordingly, and trans itted under the co on or !u"lic seal of the state, court, city or !lace, where the sa e is ta'en% +he affidavit ust e-!ress the !lace of the affidant's a"ode% 0de % 15% +here is no state law, directing how the ac'nowledg ent shall "e ade out of the Enited <tates% ade when it is

16% By an act of the legislature !assed in 1816, the widow is "arred, of her dower in all lands of her deceased hushand, that he aliens or conveys away during the coverture, e-ce!t such lands as he ac#uired "y his inter arriage with his wife. <o that no relin#uish ent of dower "y the wife is necessary, unless the lands ca e to her hushand "y her% 7rince's Dig%18=. 8 Laws of Feo% 119% +he agistrate should certify that the wife did declare that freely, and without co !ulsion, she signed, sealed and delivered the instru ent of writing "etween the !arties, na ing the and that she did renounce all title or clai to dower that she ight clai or "e entitled to after death of her hushand, $na ing hi %& 1 Laws of% Feo% 111. 7rince's Dig% 162% 19% 0ndiana% Before the recorder of the county in which the lands ay, "e situate, or one of the ,udges of the su!re e court of this state, or "efore one of the ,udges of the circuitcourt, or so e ,ustice of the !eace of the county within which the estate ay "e situate, "efore notaries !u"lic, or "efore !ro"ate ,udges% 0nd% *ev% <tat% c% 88, s% 9. 0d% eh% 98. Act of 5e"% 18, 1882% 18% All deeds and conveyances ade and e-ecuted "y any !erson without this state and "rought within it to "e recorded, the ac'nowledg ent having "een lawfully ade "efore any ,udge or ,ustice of the !eace of the !ro!er county in which such deed ay have "een ade and e-ecuted, and certified under the seal of such county "y the !ro!er officer, shall "e valid and effectual in law% *ev% (ode, c% 88, s% 11 A!!% @an% 18, 18:1% 1=% ?hen ac''owledged "y a fe e covert, it ust "e certified that she was e-a ined se!arate and a!art fro her hushand. that the full contents of the deed were ade 'nown to her. that she did then and there declare that she had, as her own voluntary act and deed, signed, sealed and e-ecuted the said deed of her own free will and accord, without any fear or co !ulsion fro her said hushand% :2% 0llinois% Before a ,udge or ,ustice of the su!re e or districtcourts of the Enited <tates, a co issioner authori3ed to ta'e ac'nowledg ents, a ,udge or ,ustice of the su!re e, su!erior or district court of any of the Enited <tates or territories, a ,ustice of the !eace, the cler' of a court of record, ayor of a city, or notary !u"lic. the last three shall give a certificate under their official seal% :1% +he certificate ust state that the !arty is 'nown to the officer, or that his identity has "een !roved "y a credi"le witness, na ing hi % ?hen the ac'nowledg ent is ta'en "y a ,ustice of the !eace of the state, residing in the county where the lands lie, no other certificate is re#uired than his own. when heresides in another county, there shall "e a certificate of the cler' of the county co issioners court of the !ro!er county, under seal, to his official ca!acity%

:1% ?hen the ,ustice of the !eace ta'ing the ac'nowledg ent resides out of the state, there shall "e added to the deed a certificate of the !ro!er cler', that the !erson officiating is a ,ustice of the !eace% ::% +he deed of a fe e covert is ac'nowledged "efore the sa e officers% +he certificate ust state that she is 'nown to the officer, or that% her identity has "een !roved "y a witness who ust "e na ed. that the officer infor ed her of the contents of the deed. that she was se!arately e-a ined. that she ac'nowledged the e-ecution and release to "e ade freely, voluntarily, and without the co !ulsion of her hushand% :8% ?hen the hushand and wife reside in the state, and the latter is over eighteen years of age, she ay convey her lands, with for alities su"stanially the sa e as those used in a release of dower. she ac'nowledges the instru ent to "e her act and deed, and that she does not wish to retract% :5% ?hen she resides out of the state, if over eighteen, she ay ,oin her hushand in any writing relating to lands in the state, in which case her ac'nowledg eut is the sa e as if she were a fe e sole% 0ll% *ev% L% 1:5-8. 1 6ill A"% 855, 6% :6% Centuc'y% Ac'nowledg ents ta'en in the <tate ust "e "efore the cler' of a county court, cler' of the general court, or cler' of the court of a!!eals% 8 Litt% L% of C% 165 . or "efore two ,ustices of the !eace, 1 Litt% L% of C% 151%. or "efore the ayor of the city of Louisville% Acts of 1818, !% 11=, s% 11% :9% ?hen in another state or territory of the Enited <tates, "efore two ,ustices of the !eace, 1 Litt% L% of C% 151. or "efore any court of law, ayor, or other chief agistrate of any city, town or cor!oration of the county where the grantorsdwell, 0d% 569. or "efore any ,ustice or ,udge of a su!erior or inferior court of law% Acts of 18:1, !% 118% :8% ?hen ade out of the Enited <tates, "efore a ayor of a city, or consul of the E% <% residing there' or, "efore the chief, agistrate of such state or country, to "e authenticated in the usual anner such officers authenticate the official act's% Acts of 18:1, !% 118, s% 5% :=% ?hen a fe e covert ac'nowledges the deed, the certificate ust state that she was e-a ined "y the officer se!arate and a!art fro her hushand, that she declared that she did freely and willingly seal and deliver the said writing, and wishes not to retract it, and ac'nowledged the said writing again shown and e-!lained to her, to "e her act and deed, and consents that the sa e ay "e recorded% 82% ;aine% Before a ,ustice of the !eace in this state, or any ,ustice of the !eace, agistrate, or notary !u"lic, within the Enited <tates, or any co issioner a!!ointed for that !ur!ose "y the governor of this state, or "efore any inister or cousul of the Enited <tates, or notary !u"lic in any foreign country% *ev% <t% t% 9, c% =1, 9. 6 7ic'% 86% 81% /o !eculiar for for the certificate of ac'nowledg ent is !rescri"ed. it is re#uired that the hushand ,oin in the deed% G+he ,oint deed of hushand and wife shall "e effectual to convey her real estate, "ut not to "ind her to any covenant or esto!!el therein%G *ev% <t% t% 9, c% =1, 5% 81% ;aryland% Before two ,ustices of the !eace of the county where the lands lie, or where the grantor lives, or "efore a ,udge of the county court of the for er county, or the ayor of Anna!olis for Anne Arundel county% ?hen the ac'nowledg ent is ade in another county than that in which the lands are situated, an in which the !arty Eves, the

cler' of the court ,ustices or ,udge%

ust certify under the court seal, the official ca!acity of the acting

8:% ?hen the grantor resides out of the state, a co ission issues on, a!!lication of the !urchaser, and with the written consent of the grantor, fro the cler' of the county court where the landlies, to two or ore co issioners at the grantee's residence. any two of who ay ta'e the ac'nowledg ent, and shall certify it under seal and return the co ission to "e recorded with the deed. or the grantor ay e !ower an attorney in the state to ac'nowledge for hi , the !ower to "e incor!orated in the deed, or anne-ed to it, and !roved "y a su"scri"ing witness "efore the county court, or two ,ustices of the !eace where the land lies, or a district ,udge, or the governor or a ayor, notary !u"lic, court or ,udge thereof, of the !lace where it is% e-ecuted. in each case the certificate to "e under an official seal% By the acts of 1815, c% 58, and 18:2, c% 168 the ac'nowledg ent in another state ay "e "efore a ,udge of the E% <% or a ,udge of a court of record of the state% and county where the grantor ay "e the cler' to certify under seal, the official character of the agristrate% 88% By the act of 18:9, c% =9, co issioners ay "e a!!ointed "y authority of the state, who shall reside in the other states or territories of the Enited <tates who shall "e authori3ed to ta'e ac'nowledg ent of deeds% +he act of 18:1, c% 125, re#uires that the officer shall certify 'nowledge of the !arties% 85% +he ac'nowledg ent of a fe e covert ust "e ade se!arate and a!art fro her hushand% 1 6ill% A"% 881. Friff% *eg% h% t% <ee also, 9 Fill ) @% 882. 1 Fill% ) @% 19: 6 6arr% ) @% ::6. : 6arr% ) @%:91 . 1 6arr% ) @% 198. 8 6arr% ) ;'6% 111% 86% ;assachusetts% Before a ,ustice of the !eace or agistrate out of the state% 0t has "een held that an A erican consul at a foreign !ort, is a agistrate% 1: 7ic'% *% 51:% An ac'nowledg ent "y one of two grantors has "een held, sufficient to authori3e the registration of a deed. and a wife need not, therefore, ac'nowledge the conveyance when she ,oins with her hushand% 1 6ill% A"% c% :8, s% 85% 89% ;ichigan% Before a ,udge of a court of record, notary !u"lic, ,ustice of the !eace, or aster in chan cery. and in case of the death of the grantor, or his de!arture fro the state, it ay "e !roved "y one of the su"scri"ing witnesses "efore any court of record in the state% *ev% <t% 128 Laws of 1882, !% 166% 88% ?hen, the deed is ac'nowledged out of the state of ;ichigan, "ut in the Enited <tates, or an of the territories of the E% <%, it is to "e ac'nowledged according to the laws of such state or territory, with a certificate of the !ro!er county cler', under his seal of office, that such deed is e-ecuted according to the laws of such state or territory, attached thereto% 8=% ?hen ac'nowledged in a foreign country, it ay "e e-ecuted according to the laws of such foreign country, "ut, it ust in such% case, "e ac'nowledged "efore a inister !leni!otentiary , consul, or charge d'affaires of the Enited <tates and the ac'nowledg ent ust "e certified "y the officer "efore who the sa e was ta'en% Laws of 1882, !% 166, sec% 1 and :% 52% ?hen the ac'nowledg ent is ade "y a fe e covert, the certificate ust state that on a !rivate e-a ination of such fe e' covert, se!arate and a!art fro her hushand, she ac'nowledged that she e-ecuted the deed without fear or co !ulsion fro any one% Laws

of 1882, !% 169, sec% 8% 51% ;ississi!!i% ?hen in the state, deeds ay "e ac'nowledged, or !roved "y one or ore of the su"scri"ing witnesses to the , "efore any ,udge of the high court of errors and a!!eals, or a ,udge of the circuit courts, or ,udge of !ro"ate, and certified "y such ,udge. or "efore any notary !u"lic, or cler' of any court of record% in this state, and certified "y such notary or cler' under the seal of his office. 6ow% ) 6utch% c% :8, s% ==, !% 868, Law of %18:: . or "efore any ,ustice of that county, where the land, or any !art thereof, is situated. 0"% !% :8:, s% 1 , Law of 1811. or "efore any, e "er of the "oard of !olice, in his res!ective county% 0"% !% 885, c% :8, s% 52, Law of 18:8% 51% ?hen in another state or territory of the Enited <tates, such deeds ust "e ac'nowledged, or !roved as aforesaid, "efore a ,udge of the su!re e court or of the district courts of the Enited <tates, or "efore any ,udge of the su!re e or su!erior court of any state or territory in the Enion. 6ow% ) 6utch% 886& c% :8, s% 1:, Law of 18:1. or "efore and certified "y any ,udge of any inferior or county court of record, or "efore any ,ustice of the !eace of the state or territory and county, wherein such !erson or witness or witnesses ay then "e or reside, and authenticated "y the certificate of the cler' or register of the su!erior county or circuit court of such county, with a seal of his office thereto affi-ed. or if ta'en "efore or certified "y a ,ustice of the !eace, shall "e authenticated "y the certificate of either the cler' of the <aid inferior or county court of record of such county, with the seal of his office thereto affi-ed% Laws of ;ississi!!i, @an% 19, 1881, !% 1:1% 5:% ?hen out of the Enited <tates, such ac'nowledg ent, or !roof as, afore said, ust "e ade "efore an court of law, or ayor, or other chief agistrate of any city, "orough or cor!oration of such foreign 'ingdo , state, nation, or colony, in which the said !arties or witnesses reside. certified "y the court, ayor, or chief agistrate, in a anner such acts are usually authenticated "y hi % 6ow% ) 6utch, :86, c% :8, s% 18, Law of 1811% 58% ?hen ade "y a fe e covert, the certificate ust state that she ade !revious ac'nowledg ent, on a !rivate e-a ination, a!art fro her hushand "efore the !ro!er officer, that she sealed and delivered the sa e as her act and deed, freely, without any fear, threat or co !ulsion of her hushand% 6ow% ) 6utch% :89, c% :8, s% 1=, Law of 1811% 55% ;issouri% 0n the state, "efore so e court having a seal, or so e ,udge, ,ustice or cler' thereof, or a ,ustice of the !eace in the county where the land lies% *ev% (ode, 18:5, 8, !% 112% 56% Dut of the state, "ut in the Enited <tates, "efore any court of the Enited <tates, or of any state or territory, having a seal, or the cler' thereof% 0d% cl% 1% 59% Dut of the Enited <tates, "efore any court of any state, 'ingdo seal, or the ayor of any city having an official seal% or e !ire having a

58% Every court or officer ta'ing the ac'nowledg ent of such instru ent or relin#uish ent of dower or the deed of the wife of the hushand's land, shall endorse a certificate thereof u!on the instru ent. when ade "efore a court, the certificate shall "eunder its seal. if "y a cler', under his "and and the seal of the court. when "efore an officer having an official seal, under his hand and seal. when "y an officer having no seal, under his hand% +he certificate ust state thatthe !arty was !ersonally 'nown to the ,udge or other officer as the signer, or !roved to "e such "y two credi"le witnesses% ;isso% <t%

112-111 . 1 6ill% A"% 85:. Friff% h% t% 5=% ?hen the ac'nowledg ent is ade "y a fe e covert, releasing her dower, the certificate ust statethat she is !ersonally 'nown to a ,udge of the court, or the officer "efore who the deed is ac'nowledged, or that, her identity was !roved "y two credi"le witnesses. it ust also state that she was infor ed of the contents of the deed. that it was ac'nowledged se!arate and a!art fro her hushand. that she releases her dower freely without co !ulsion or undue conveyance of her own lands, the ac'nowledg ent ay "e ade "efore any court authori3ed to ta'e ac'nowledg ents% 0t ust "e done as in the cases of release of dower, and have a si ilar certificate% 0"% 62% /ew 6a !shire% Before a ,ustice of the !eace or a notary !u"lic. and the ac'nowledg ent of a deed "efore a notary !u"lic in another state is good% 1 /% 6% *e!% 812 1 6ill% A"% c% :8, s% 61% 61% /ew @ersey% 0n the state, "efore the chancellor, a ,ustice of the su!re e court of this state, a aster in chancery, or a ,udge of any inferior court of co on !leas, whether in the sa e or a different county. *ev% Laws, 858, Act of @une 9, 19== . or "efore a co issioner for ta'ing the ac'nowledg ents or !roofs of deeds, two of who are a!!ointed "y the legislature in each townshi!, who are authori3ed to ta'e ac'nowledg ents or !roofs of deeds in any !art of the state% *ev% Laws, 988, Act of @une 5, 1812% 61% 0n another state or territory of the Enited <tates, "efore a ,udge of the su!re e court of the Enited <tates, or a district ,udge of the Enited <tates, or any ,udge or ,ustice of the su!re e or su!erior court of any state in the Enion. *ev% Laws, 85=, Act of @une 9, 19==. or "efore a ayor or other chief agistrate of any city in any other state or territory of the E% <%, and duly certified under the seal of such city. or "efore a ,udge of any, su!erior court, or court of co on !leas of any state or territory. when, ta'en "efore a ,udge of a court of co on !leas, it ust "e acco !anied "y a certificate under the great seal of the state, or the seal of the county court in which it is ade, that he is such officer. *ev% Laws, 989, Act of @une 5, 1812. or "efore a co issioner a!!ointed "y the overnor, who resides in such state. 6arr% (o !% 158, Act of Dece "er 19, 1816. two of who ay "e a!!ointed for each of the <tates of /ew >or' and 7ennsylvania% El er's Dig% Act of /ov% :, 18:6% 6:% ?hen ade out of the Enited <tates, the ac'nowledg ent ay "e "efore any court of law, or ayor, A or other agistrate, of any city, "orough or cor!oration of a foreign 'ingdo , state, nation or colony, in which the !arty or hiswitnesses reside, certified "y the said court, ayor, or chief agistrate, in the anner in which such acts are usually authenticated "y hi % *ev% Laws, 85=, Act of @une 9, 19==% +he certificate% in all cases ust state that the officer who a'es it, first ade 'nown the contents of the deed to the !erson a'ing the ac'nowledg ent, and that he was satisfied such !erson was the grantor entioned in the deed%*ev% Laws, 98=, Act of @une 5, 1812% 68% ?hen the ac'nowledg ent is ade "y a fe e covert, the certificate ust state that on a !rivate e-a ination, a!art fro her hushand, "efore a !ro!er officer, $ut su!ra,& she ac'nowledged that she signed, sealed, and delivered the deed, as her voluntary act and deed, freely, without any fear, threats or co !ulsion of her hushand% *ev% Laws, 85=, Act of @une 9, 19==%%

65% /ew >or'% Before the chancellor or ,ustice of the su!re e court, circuit ,udge, su!re e court co issioner, ,udge of the county court, ayor or recorder of a city, or, co issioner of deeds. a couuty ,udge or co issioner of deeds for a city or county, not to act out of the sa e% 66% ?hen the !arty resides in another state, "efore a ,udge of the Enited <tates, or a ,udge or ,ustice of the su!re e, su!erior or circuit court of any state or territory of the Enited <tates, ?ithin his own ,urisdiction% By a statute !assed in 1882, cha!% 1=2, the governor is authori3ed to a!!oint co issioners in other states, to ta'e the ac'nowledg ent and !roof of deeds and other instru ents% 69% ?hen the !arty is in Euro!e or other !arts of A erica, "efore a resident inister or charge d'affaires of the Enited <tates. in 5rance, "efore the Enited <tates consul at 7aris. in *ussia, "efore the sa e officer at <t% 7etershurg. in the British do inions, "efore the Lord ;ayor of London, the chief agistrate of Du"lin, Edin"urgh, or Liver!ool, or the Enited <tates consul at London% +he certificate to "e uuder the hand and official seal of such officer% 0t ay also "e ade "efore any !erson s!ecially authori3ed "y the court of chancery of this state% 68% +he officer ust in all cases "e satisfied of the identity of the !arty, either fro his own 'nowledge or fro the oath or affir ation of a witness, who is to "e na ed in the certificate% 6=% A fe e covert ust "e !rivately e-a ined. "ut if out of the state this is unnecessary% 1 6ill% A"% 8:8. Friff% *eg% h% t% 92% By the act !assed A!ril 9, 1888, it is !rovided, thatB 1% +he !roof or ac'nowledg ent of auy deed or other written, instru ent re#uired to "e !roved or ac'nowledged, inorder to entitle the sa e to "e recorded or read in evidence, when ade "y any !erson residing out of this state and within any other state or territory of the Enited <tates, ay "e ade "efore any officer of such state or territory, authori3ed "y the laws thereof to ta'e the !roof and ac'nowdg ent of deeds and when so ta'en and certified as "y the act is !rovided, shall "e entitled to "e recorded in any county in this state, and ay "e read in evidence in any court iu this state, in the sae anner and with li'e effect, as !roofs and ac'nowledg ents ta'en "efore auy of the officers now authori3ed "y law to ta'e such !roofs and ac'nowledg entsB 7rovided that no such ac'nowledg ent shall "e valid unless the officer ta'ing the sa e shall 'now or have satisfactory evidence that the !erson a'ing such ac'nowledg ent is the individual descri"ed in, and who e-ecuted the deed or instru ent% 91% A 1% +o entitle any conveyance or other written instru ent ac'nowledged or !roved under the !receding section, to "e read in evidence or recorded in this state, there shall "e su",oined to the certificate of !roof or ac'nowledg ent, signed "y such officer, a certificate under the na e and official seal of the cler' or register of the county in which such officer resides, s!ecifying that such officer was at the ti e of ta'ing such !roof or ac'nowledg ent, duly authori3ed to ta'e the sa e, and that such cler' or register is well ac#uainted with the handwriting of such officer, and verily "elieves that the signature to said certificate of !roof and ac'nowledg ent, is genuine% 91% /orth (arolina% +he ac'nowledg ent or !roof of deeds for the conveyance of lands, when ta'en or ade in the state, ust "e "efore one of the ,udges of the su!re e court,

or su!erior court, or in the court of the county where the land lieth% 1 ltev% <tat% c% :9, s%% 1% 9:% ?hen in another state or territory of the Enited <tates, or the District of (olu "ia, the deed ust "e ac'nowledged, or !roved, "efore so e one of the ,udges of the su!erior courts of law, orcircuit courts of law of su!erior ,urisdiction, within the said state, )c%, with a certificate of the governor of the said state or territory, or of the secretary of state of the Enited <tates, when in the District of (olu "ia, of the official character of the ,udge. or "efore a co issioner a!!ointed "y the governor of this state according to law% 1 *ev% <tat% c% :9, s% 5% 98% ?hen out of the Enited <tates, the deeds ust "e ac'nowledged, or !roved, "efore the chief agistrate of so e city, town, or cor!oration of the countries where the said deeds were e-ecuted. or "efore so e a "assador, !u"lio inister, consul, or co ercial agent, with !ro!er certificate under their official seals. 1 *ev% <tat% c% :9 s% 6% and 9. or "efore a co issioner in such foreign country, under a co ission fro the county court where the land lieth% <ee% 8% 95% ?hen ac'nowledged "y a fe e covert, the certificate ust state that she was !rivily e-a ined "y the !ro!er officer, that she ac'nowledged the due e-ecution of the deed, and declared that she e-ecuted the sa e freely, voluntarily, and without the fear or co !ulsion of her hushand, or any other !erson, and, that she then assented thereto% ?hen she is resident of another county, or so infir that she cannot travel to the ,udge, or county court, the deed ay "e ac'nowledged "y the hushand, or !roved "y witnesses, and a co ission in a !rescri"ed for ay "e issued for ta'ing the e-a ination of the wife% 1 *ev% <tat% c% :9, s% 6, 8, =, 12, 11, 1:, and 18% 96% Dhio% 0n the state, deeds and other instru ents affecting lands ust "e ac'nowledged "efore a ,udge of the su!re e court, a ,udge of the court of co on !leas, a ,ustice of the !eace, notary !u"lic, ayor, or other !residing officer of an incor!orated town or city% Dhio <tat% vol% 1=, !% :86, Act of 5e"ruary 11, 18:1, which went in force @une 1, 18:1 <wan's (oll% L% 166, s% 1% 99% ?hen ade out of the state, whether in another state or territory, or out of the E% <%, they ust "e ac'nowledged, or !roved, according to the laws of the state, territory or country, where they are e-ecuted, or according to the laws of the state of Dhio% <wan's (oll% L% 165, 8% 5% 98% ?hen ade "y a fe e covert, the certificate ust state that she was e-a ined "y the officer, se!arate and a!art fro her hushand, and the contents of the deed were fully ade 'nown to her. that she did declare u!on such se!arate e-a ination, that she voluntarily sign, seal, and ac'nowledge the sa e, and that she is still satisfied therewith% 9=% 7ennsylvania% Before a ,udge of the su!re e court, or of the courts of co on !leas, the district courts, or "efore any ayor or alder an, or ,ustice of the !eace of the co onwealth, or "efore the recorder of the city of 7hLiladel!hia% 82% ?hen ade out of the state, and within the Enited <tates, the ac'nowledg ent ay "e "efore one of the ,udges of the su!re e or district courts of the Enited <tates, or "efore an one of the ,udges or ,ustices of the su!re e or su!erior courts, or courts of co on !leas of any state or territory within the Enited <tates. and so certified under the hand of the said ,udge, and the seal of the court% (on issioners a!!ointed "y the

governor, residing in either of the Enited <tates or of the District of (olu "ia, are also authori3ed to ta'e ac'nowledg ent of deeds% 81% ?hen ade out of the Enited <tates, the ac'nowledg ent ay, "e ade "efore any consul or vice-consul of the Enited <tates, duly a!!ointed for and e-ercising consular functions in the state, 'ingdo , country or !lace where such an ac'nowledg ent ay "e ade, and certified under the !u"lic or official seal of such consul or vice-consul of the Enited <tates% Act of @anuary 16, 1819% By the act ;ay 19th, 1915, s% 8, deeds ade out of the !rovince IstateJ ay "e !roved "y the oath or sole n affir ation of one or ore of the witnesses thereunto, "efore one or ore of the ,ustices of the !eace of this !rovince IstateJ, or "efore any ayor or chief agistrate or officer of the cities, towns or !laces, where such deed or conveyances are so !roved% +he !roof ust "e certified "y the officer under the co on or !u"lic seal of the cities, towns, or !laces where such conveyances are so !roved% But "y construction it is now esta"lished that a deed ac'nowledged "efore such officer is valid, although the act declares it shall "e !roved% 1 7et% *% 8::% 81% +he certificate of the ac'nowledg ent of a fe e covert ust state, 1, that she is of full age. 1, that the contents of the instru ent have "een ade 'nown to her. :, that she has "een e-a ined se!arate and a!art fro her hushand. and, 8, that she e-ecuted the deed of her own free will and accord, without any coercion or co !ulsion of her hushand% 0t is the constant !ractice of a'ing the certificate, under seal, though if it "e erely under the hand of the officer, it will "e sufficient% Act of 5e"% 1=, 18:5% 8:% By the act of the 16th day of A!ril, 1882, entitled% GAn act incor!orating the E"ene3er ;ethodist E!isco!al congregation for the "orough of *eading, and for other !ur!oses,G 7a !h% Laws, :59, :61, it is !rovided "y 15, G+hat any and every grant, "argain and sale, release, or other deed of conveyance or assurance of any lands, tene ents, or heredita ents in this co onwealth, heretofore "ona fide ade, e-ecuted and delivered "y hushand and wife within any other of the Enited <tates, where the ac'nowledg entof the e-ecution thereof has "een ta'en, and certified "y any officer or officers in any of the states where ade and e-ecuted, who, was, or were authori3ed "y the laws of such state to ta'e and certify the ac'nowledg ent of deeds of conveyance of lands therein, shall "e dee ed and ad,udged to "e as good, valid and effectual in law for transferring, !assing and conveying the estate, right, title and interest of such hushand and wife of, in, and to the lands. tene ents and heredita ents therein entioned, and "e in li'e anner entitled to "e recorded, as if the ac'nowledg ent of the e-ecution of the sa e deed had "een in the sa e and li'e way, anner and for ta'en and certified "y any ,udge, alder an, or ,ustice of the !eace, of and within this co onwealth% 16% +hat no grant, "argain and sale, feoff ent, deed of conveyance, lease, release, assign ent, or other assurance of any lands, tene ents and heredita ents whatsoever, heretofore "ona fide ade and e-ecuted "y hushand and wife, and ac'nowledged "y the "efore so e ,udge, ,ustice of the !eace, alder an, or other officer authori3ed "y law, within this state, or an officer in one of the Enited <tates, to ta'e such ac'nowledg ent, or which ay "e so ade, e-ecuted and ac'nowledged as aforesaid, "efore the first day of @anuary ne-t, shall "e dee ed, held or ad,udged, invalid or, defective, or insufficient in law, or avoided or !re,udiced, "y reason of any infor ality or o issiou in setting forth the !articulars of the ac'nowledg ent ade "efore such officer, as aforesaid, in the certificate thereof, "ut all and every such grant, "argain and sale, feoff ent, deed of conveyance, lease, release, assigu ent or

other assurance so ade, e-ecuted and ac'nowledged as aforesaid, shall "e as good, valid and effectual in law for transferring, !assing and conveying the estate, right, title and interest of such hushand and wife of, in, and to the lands, tene ents and heredita ents entioned in the sa e, as if all the re#uisites and !articulars of such ac'nowledg ent entioned in the act, entitle an act for the "etter confir ation of the estates of !ersons holding or clai ing under fe e coverts, and for esta"lishing a ode "y which hushand and wife ay hereafter convey their estates, !assed the twenty-fourth day of 5e"ruary, one thousand seven hundred and seventy, were !articularly set forth in the certificate thereof, or a!!eared u!on the face of the sa e%G 88% By the act of the :d day of A!ril, 1882, 7a !h% L% 1::, it is enacted, G+hat where any deed, conveyance, or other instru ent of writing has "een or shall "e ade and e-ecuted, either within or out of this state, and the ac'nowledg ent or !roof thereof, duly certified, "y any officer under seal, according to the e-isting laws of this co onwealth, for the !ur!ose of "eing recorded therein, such certificate shall "e dee ed !ri a facie evidence of such e-ecution and ac'nowledg ent, or !roof, without re#uiring !roof of the said seal, as fully, to all intents and !ur!oses, and with the sa e effect only, as if the sa e had "een so ac'nowledged or !roved "efore any ,udge, ,ustice of the !eace, or alder an within this co onwealth%G 85% +he act relating to e-ecutions and for other !ur!oses, !assed 16th A!ril, 1882, 7a !h% L% 811, enacts, 9, G +hat the recorders of deeds shall have authority to ta'e the ac'nowledg ent and !roof of the e-ecution of any deed, ortgage, or other conveyance of any lands, tene ents, or heredita ents lying or "eing in the county, for which they are res!ectively a!!ointed as recorders of deeds, or within every city, district, or !art thereof, or for any contract, letter of attorney, or any other writing, under seal, to "e used or recorded within their res!ective counties and such ac'nowledg ent or !roof, ta'en or ade in the anner directed "y the laws of this state, and certified "y the said recorder, under his hand and seal of office. which certificate shall "e endorsed or anne-ed to said deed or instru ent aforesaid, shall have the sa e force and effect, and "e as good and availa"le in law, for all !ur!oses, as if the sa e had "een ade or ta'en "efore any ,udge of the su!re e court, or !resident or associate ,udge of any of the courts of co on !leas within this co onwealth%G 86% *hode 0sland% Before any senator, ,udge, ,ustice of the !eace, or town cler'% ?hen the ac'nowledg ent is ade in another state or country, it ust "e "efore a ,udge, ,ustice, ayor or, notary !u"lic therein, and certifiedunder his hand and seal% 89% A wife releasing dower need not ac'nowledge the deed. "ut to a conveyance an ac'nowledg ent and !rivate e-a ination are necessary% 1 6ill% A"% c% :8, s% =8% 88% <outh (arolina% Before a ,udge of the su!re e court% A fe e covert ay release her dower or convey her own estate, "y ,oining with her hushand in a deed, and "eing !rivately e-a ined, in the latter case, seven days afterwards, "efore a ,udge of law or e#uity, or a ,ustice of the #uoru . she ay also release dower "y a se!arate deed% 8=% +he certificate of the officer is under seal and signed "y the wo an% Deeds ay "e !roved u!on the oath of one witness "efore a agistrate, and this is said to "e the general !ractice% =2% ?hen the deed is to "e e-ecuted out of the state, the ,ustices of the county where the

land lies, or a ,udge of the court of co on !leas, ay "y dedi us e !ower two or ore ,ustices of the county where the grantor resides, to tale his ac'nowledg ent u!on the oath of two witnesses to the e-ecution% 1 6ill% A"% 888, =. Friff% *eg% "% t% =1%+ennessee% A deed or !ower of attorney to convey land ust "e ac'nowledged or !roved "y two su"scri"ing witnesses, in the court of the county, or the court of the district where the land lies% +he certificate of ac'nowledg ent ust "e endorsed u!on the deed "y the cler' of the court% =:% +he ac'iaowledg ent of a fe e covert is ade% "efore a court of record in the state, or, if the !arties live out of it, "efore a court of record iu another state or territory. and if the wife is una"le to attend court, the ac'nowledg ent ay "e "efore co issioners e !owered "y the court of the county in which the hushand ac'nowledges the co ission to "e returned certified with the court seal, and recorded% =8% 0n all these cases the certificate ust state that the wife has "een !rivately e-a ined% +he seal of the court is to "e anne-ed when the deed is to "e used out of the state, when ade in it, and vice% versa. in which case there is to "e a seal and a certificate of the !residing ,udge or ,ustice to the official station, of the cler', and the due for ality of the attestation% By the statute of 1812, the ac'nowledg ent in other states ay "e confor a"le to the laws of the state, in which the grantor resides% =5% By the act of 18:1, c, =2, s% =, it is !rovided, that all deeds or conveyances for land ade without the li its of this state, shall "e !roved as heretofore, or "efore a notary !u"lic under his seal of office% (aruthers ) /icholson's (o !ilation of the <tat% of +enn% 5=:% =6% +he officer ust certify that he is ac#uainted with the grantor, and that he is an inha"itant of the state% +here ust also "e a certificate of the governor or secretary under the great seal, or a ,udge of the su!erior court that the ac'nowledg ent is in due for %Friff% *eg% h% t% . 1 6ill% A"% 858% =9% By an act !assed during the session of 18:=-1882, cha!% 16, it is enacted, 1% G+hat deeds of every descri!tion ay "e !roved "y two su"scri"ing witnesses, or ac'nowledged and recorded, and ay then "e read in, evidence% 1% +hat deeds e-ecuted "eyond the li its of the Enited <tates ay "e !roved or ac'nowledged "efore a notary !u"lic, or "efore any consul, inister, or a "assador of the Enited <tates, or "efore a co issioner of the state% :% +hat the govornor ay a!!oint co issioners in other states and in foreign countries for the !roof, )c% of deeds% 8% Affidavits ta'en as a"ove, as to !edigree or heirshi!, ay "e received as evidence, "y e-ecutors or ad inistrators, or in regard to the !artition and distri"ution of !ro!erty or estates%G <ee 1 >erg% =1, 128, 1:8, 822, 512. : >erg% 81. (oo'e, 8:1% =8% 4er ont% 1% All deeds and other conveyances of lands, or any estate or interest therein, shall "e signed and sealed "y the !arty granting the sa e, and signed "y two or ore witnesses, and ac'nowledged "y the grantor, "efore a ,ustice of the !eace% *ev% <tat% tit% 18, c% 6, s% 8% ==% Every deed "y the hushand and wife shall contain an ac'nowledg ent "y the wife, ade a!art fro her hushand, "efore a ,udge of the su!re e court, a ,udge of the county court, or so e ,ustice of the !eace, that she e-ecuted such conveyance freely, and without any fear or co !ulsion of her hushand. a certificate of which ac'nowledg ent, so ta'en,

shall "e endorsed on the deed "y the, authority ta'ing the sa e% 0d% s% 9% 122% A 1% All deeds and other conveyances, and !owers of attorney for the conveyance of lands, the ac'nowledg ent or !roof of which shall have "een, or hereafter shall "e ta'en without this state, if certified agreea"ly to the laws of the state, !rovince, or 'ingdo in which it was ta'en, shall "e as valid as though the sa e were ta'en "efore so e !ro!er officer or court, within this state. and the !roof of the sa e ay "e ta'en, and the sa e ac'nowledged with li'e effect, "efore any ,ustice of the !eace, agistrate, or notary !u"lic, within the Enited <tates, or in any foreign country, or "efore any co issioner a!!ointed for that !ur!ose "y the governor of this state, or "efore any inister,c"arge d'affaires, or consul of the Enited <tates in any foreign countryand the ac'nowledg ent of a deed a fe e in the for re#uired "y covert, "y this cha!ter ay "e ta'en "y either of the said !ersons 0d% =% 121% 4irginia% Before the general court, or the court of the district, county, city, or cor!oration where so e !art of the land lies. when the !arty lives out of the state or of the district or county where the land lies, the ac'nowledg ent ay "e "efore any court of law, or the chief agistrate of any city, town, or cor!oration of the country where the !arty resides, and certified "y hi in the usual for % 121% ?hen a arried wo an e-ecutes the deed, she a!!ears in court and is e-a ined !rivately "y one of the ,udges, as to her freely signing the instru ent, and continuing satisfied with it, the deed "eing shown and e-!lained to her% <he ac'nowledges the deed "efore the court, or else "efore two ,ustices of the county where she dwells, or the agistrate of a cor!orate town, if she lives within the Enited <tates. these officers "eing e !owered "y a co ission fro the cler' of the court where the deed, is to "e recorded, to e-a ine her and to ta'e her ac'nowledg ent% 0f she is out of the Enited <tates, the co ission authori3es two ,udges or ,ustices of any court of law, or the, chief agistrate of any city, town, or cor!oration, in her county, and is e-ecuted as "y two ,ustices in the Enited <tates% 12:% +he certificate is to "e authenticated in the usual for % 1 6ill% A"% 888, 5. Friff% *eg% h% t%. 1 Leigh's *, 186. 1 (all% *% 12: . 1 ?ash% *% :1=% AC4UETS, estates in the civil law% 7ro!erty which has "een ac#uired "y !urchase, gift or otherwise than "y succession% ;erlin *e!% h% t%, confines ac#uets to i ova"le !ro!erty% 1% 0n Louisiana they e "race the !rofits of all the effects, of which the hushand has the ad inistration and en,oy ent, either of right or in fact, of the !roduce of the reci!rocal industry and la"or of "oth hushand and wife, and of the estates which they ay ac#uire during the arriage, either "y donations, ade ,ointly to the "oth, or "y !urchase, or in any other si ilar way, even although the !urchase "e only in the na e of one of the two, and not of "oth, "ecause in that case the !eriod of ti e when the !urchase is ade is alone attended to, and not the !erson who ade the !urchase% (iv% (ode, art% 1:91% :% +his a!!lies to all arriages contracted in that state, or out of it, when the !arties afterward go there to live, as to ac#uets afterward ade there%0"% art% 1:92% 8% +he ac#uets are divided into two e#ual !ortions "etween the hushand and wife, or "etween their heirs at the dissolution of their arriage% 0"% art% 1:95%

5% G+he 7arties ay, however, lawfully sti!ulate there shall "e no co gains% 0"% art% 1:6=%

unity of !rofits or

6% But the !arties have no right to agree that they shall "e governed "y the laws of another country%' : ;artin's *e!% 581% 4ide 19 ;artin's *e!% 591 1 Cent's (o % 15:, note% AC4UIESCENCE, contracts% +he consent which is i !liedly given "y one or "oth !arties, to a !ro!osition, a clause, a condition, a ,udg ent, or to any act whatever% 1% ?hen a !arty is "ound to elect "etween a !ara ount right and a testa entary dis!osition, his ac#uiescence in a state of things which indicates an election, when he was aware of his rights will "e !ri a facie evidence of such election% 4ide 1 4es% @r% :91. 11 4es% 1:6 1 4es% @r% ::5. : 7% ? s% :15% 1 *o!% Leg% 8:=% :% +he acts of ac#uiescence which constitute an i !lied election, ust "e decided rather "y the circu stances of each case than "y any general !rinci!le% 1 <wanst% *% :81, note, and the nu erous cases there cited% 8% Ac#uiescence in the acts of an agent, or one who has assu ed that character, will, "e e#uivalent to an e-!ress authority% 1 Bouv% 0nst% n% 1:2=. Cent, (o % 898. <tory on E#% 155. 8 ?% (% (% *% 55=. 6 ;iss% *% 1=:. 1 @ohn% (as% 112. 1 @ohn% (as% 818 Liv% on Ag% 85. 7aley on, Ag% "y Lloyd, 81 7et% *% 6=, 81. 11 @ohn% *% :22. : (owen's *% 181. : 7ic'% *% 8=5, 525. 8 ;ason's *% 1=6% Ac#uiescence differs fro assent% $#% v%& AC4UIETANDIS PLE5IIS, o"solete% A writ of ,ustices, lying, for the surety against a creditor, who refuses to ac#uit hi after the de"t has "een satisfied% *eg% of ?rits, 158. (owell. Blount% TO AC4UIRE, descents, contracts% +o a'e !ro!erty one's own% 1% +itle to !ro!erty is ac#uired in two ways, "y descent, $#% v%& and "y !urchase, $#% v%& Ac#uisition "y !urchase, is either "y, 1% Escheat% 1% Dccu!ancy% :% 7rescri!tion% 8% 5orfeiture% 5% Alienation, which is either "y deed or "y atter of record% +hings which cannot "e sold, cannot "e ac#uired% AC4UISITION, !ro!erty, contracts, descent% +he act "y which the !erson !rocures the !ro!erty of a thing% 1% An ac#uisition, ay "e te !orary or 7er!etual, and "e !rocured either for a valua"le consideration, for e-a !le, "y "uying the sa e. or without consideration, as "y gift or descent% :% Ac#uisition ay "e divided into original and derivative% Driginal ac#uisition is !rocured "y occu!ancy, 1 Bouv% 0nst% n% 8=2. 1 Cent% (o % 18=. ;enstr% Leg% du Dr% (iv% *o % :88 . "y accession, 1 Bouv% 0nst% n% 8==. 1 Cent%, (o % 1=:. "y intellectual la"or, na ely, for inventions, which are secured "y !atent rights and for the authorshi! of "oo's, a!s, and charts, which is !rotected "y co!yrights% 1% Bouv% 0nst% n% 528% 8% Derivative ac#uisitions are those which are !rocured% fro others, either "y act of law, or "y act of the !arties% Foods and chattels ay change owners "y act of law in the cases of forfeiture, succession, arriage, ,udg ent, insolvency, and intestacy% And "y act of the !arties, "y gift or sale% 7ro!erty ay "e ac#uired "y a an hi self, or "y those who are in his !ower, for hi . as "y his children while inors. 1 /% 6a !s% *% 18. 1 Enited <tates Law @ourn% 51: . "y his a!!rentices or his slaves% 4ide *uth% 0nst% ch% 6 ) 9. Dig%

81, 1, 5:. 0nst% 1,=. 0"% 1,=,:% AC4UITTAL, contracts% A release or discharge fro an o"ligation or eng age ent% According to Lord (o'e there are three 'inds of ac#uittal, na ely. 1, By deed, when the !arty releases the o"ligation. 1, By !rescri!tion. :, By tenure%(o% Lit% 122, a% AC4UITTAL, cri % law !ractice% +he a"solution of a !arty charged with a cri e or isde eanor% 1% +echnically s!ea'ing, ac#uittal is A the a"solution of a !arty accused on a trial "efore a traverse ,ury% 1 /% ) ;% :6. : ;'(ord, 861% :% Ac#uittals are of two 'inds, in fact and in law% +he for er ta'es !lace when the ,ury u!on trial finds a verdict of not guilty. the latter when a an is charged erely as an accessary, and the !rinci!al has "een ac#uitted% 1 0nst% :88% An ac#uittal is a "ar to any future !rosecution for the offence alleged in the first indict ent% AC4UITTANCE, contracts% An agree ent in writing to discharge a !arty fro an engage ent to !ay a su of oney% it is evidence of !ay ent% 0t differs fro a release in this, that the latter ust "e under seal, while an ac#uittance need not "e under seal% 7oth% D"lig% n% 981% 0n 7ennsylvania, a recei!t, $#% v%& though not under seal, has nearly the sa e effect as a release% 1 *awle, *% :=1% 4ide : <al'% 1=8, !l% 1. Dff% of E-% 119 . (o% Litt% 111 a, 19: a% ACRE, easures% A #uantity of land containing in length forty !erches, and four in "readth, or one hundred and si-ty s#uare !erches, of whatever sha!e ay "e the land% <erg% Land Laws of 7enn%, 185% <ee (ro% Eli3% 896, 665. 6 (o% 69. 7o!h% 55. (o% Litt% 5, ", and note 11% ACREDULITARE, o"solete% +o !urge one's self of an offence "y oath% 0t fre#uently ha!!ens that when a !erson has "een arrested for a conte !t, he co es into court and !urges hi self, on oath, of having intended any conte !t% Blount, Leges% 0nac% c% :6% ACT, civil law, contracts% A writing which states in a legal for said, done, or agreed% 0n Latin, 0nstru entu % ;erl% *e!% that a thing has "een

ACT% 0n the legal sense, this word ay "e used to signify the result of a !u"lic deli"eration, the decision of a !rince, of a legislative "ody, of a council, court of ,ustice, or a agistrate% Also, a decree, edict, law, ,udg ent, resolve, award, deter ination% Also, an instru ent in writing to verify facts, as act of asse "ly, act of congress, act of !arlia ent, act and deed% <ee ?e"ster's Dict% Acts are civil or cri inal, lawful or unlawful, !u"lic or !rivate% 1% 7u"lic acts, usually deno inated authentic, are those which have a !u"lic authority, and which have "een ade "efore !u"lic officers, are authori3ed "y a !u"lic seal, have "een ade !u"lic "y the authority of a agistrate, or which have "een e-tracted and "een !ro!erly authenticated fro !u"lic records% :% Acts under !rivate signature are those which have "een ade "y !rivate individuals, under their hands% An act of this 'ind does not ac#uire the force of an authentic act, "y "eing registered in the office of a notary% 5 /% <% 6=:. 8 /% <% 568 . : L% *% 81= . 8 /% <% :=6 . 11 ;% *% 18:. unless it hasheen !ro!erly ac'nowledged "efore the officer, "ythe !arties to it% 5 /% <% 1=6%

8% 7rivate acts are those ade "y !rivate !ersons, as registers in relation to their recei!ts and e-!enditures, schedules, ac#uittances, and the li'e% /ov% 9:, c% 1 . (ode, li"% 9, tit% :1, 1% 6. li"% 8, t% 11. Dig% li"% 11, tit%% 8. (iv% (ode of Louis% art% 11:1 to 1158. +oull% Dr% (iv% 5rancais, to % 8, !% =8% ACT, evidence% +he act of one of several cons!irators, !erfor ed in !ursuance of the co on design, is evidence against all of the % An overt act of treason ust "e !roved "y two witnesses% <ee Dvert% 1% +he terra% acts, includes written corres!ondence, and other !a!ers relative to the design of the !arties, "ut whether it includes un!u"lished writings u!on a"stract #uestions, though of a 'indred nature, has "een dou"ted, 5oster's *e!% 1=8 . 1 <tar'% *% 116, 181% :% 0n cases of !artnershi! it is a rule that the act or declaration of either !artner, in furtherance of the co on o",ect of the association, is the act of all% 1 7et% *% :91 5 B% ) Ald% 169% 8% And the acts% of an agent, in !ursuance of his authority, will "e "inding on his !rinci!al% Freenl% Ev% 11:% A(+, legislation% A statute or law ade "y a legislative "ody. as an act of congress is a law "y the congress of the Enited <tates. an act of asse "ly is a law ade "y a legislative asse "ly% 0f an act of asse "ly e-!ire or "e re!ealed while a !roceeding under it is in fieri or !ending, the !roceeding "eco es a"ortive. as a !rosecution for an offence, 9 ?heat% 551. or a !roceeding under insolvent laws% 1 Bl% *% 851. Burr% 1856 . 6 (ranch, 128 . = <erg% ) *awle, 18:% 1% Acts are general or s!ecial. !u"lic or !rivate% A general or !u"lic act is a universal rule which "inds the whole co unity. of which the courts are "ound to ta'e notice eofficio% :% E-!lanatory acts should not "e enlarged "y e#uity Blood's case, (o "% 812. although such acts ay "e allowed to have a retros!ective o!eration% Du!in, /otions de Droit, 185% =% 8% 7rivate or s!ecial acts are rather e-ce!tions, than rules. "eing those which o!erate only u!on !articular !ersons and !rivate concerns. of these the courts are not "ound to ta'e notice, unless they are !leaded% (o % 85, 6. 1 Bouv% 0nst% n% 125% ACT IN PAIS% An act !erfor ed out of court, and not a atter of record% 7ais, in law 5rench, signifies country% A deed or an assurance transacted "etween two or ore !rivate !ersons in the country is atter in !ais% 1 Bl% (o % 1=8% ACT OF BAN7RUPTCY% An act which su",ects a !erson to "e !roceeded against as a "an'ru!t% +he acts of "an'ru!tcy enu erated in the late act of congress, of 1=th Aug% 1881, s% 1, are the followingB 1% De!arture fro the state, district, or territory of which a !erson, su",ect to the o!eration of the "an'ru!t laws, is an inha"itant, with intent to defraud his creditors% <ee, as to what will "e considered a de!arture, 1 (a !"% *% 19=. Dea% ) (hit% 8511 *ose, *% :89 = ;oore, *% 119 1 4% ) B% 199. 5 +% *% 511. 1 (% ) 7% 99. 1 Bini,% *% ==. 1 +aunt% 196. 6olt, *% 195% 1% (onceal ent to avoid "eing arrested% 1 ;% ) <% 696 . 1 *ose, *% 1:9. 15 4es% 8896 +aunt% *% 582. 18 4es% 86 +aunt% 196.1 *ose, *% :61. 5 +% *% 511. 1 Es!% ::8% :% ?illingly or fraudulently !rocuring hi self to "e arrested, or his goods and chattels,

lands, or tene ents to "e attached, distrained, se#uestered, or ta'en in e-ecution% 8% *e oval of his goods, chattels and effects, or conceal ent of the "eing levied u!on, or ta'en in e-ecution, or "y other !rocess% to !revent their

5% ;a'ing any fraudulent conveyance, assign ent, sale, gift, or other transfer of his lands, tene ents, goods, or chattels, credits, or evidences of de"t% 15 ?end% *% 588. 5 (owen, *% 69. 1 Burr% 869, 891, 881. 8 (% ) 7% :15. 18 ?end% *% :95. 1= ?end% *% 818. 1 Dougl% 1=5. 9 East, 1:9 16 4es% 18=. 19 A 4es% 1=:. 1 < ith *% ::. *ose, *% 11:% ACT OF 5OD, in contracts% +his !hrase denotes those accidents which arise fro !hysical causes, and which cannot "e !revented% 1% ?here the law casts a duty on a !arty, the !erfor ance shall "e e-cused, if it "e rendered i !ossi"le "y the act of Fod. "ut where the !arty, "yhis own contract, engages to do an act, it is dee ed to "e his own fault and folly that he did not there"y !rovide against contingencies, and e-e !t hi self fro res!onsi"ilities in certain events and in such case, $that is, in the instance of an a"solute general contract the !erfor ance is not e-cused "y an inevita"le accident, or other contingency, although not foreseen "y, nor within the control of the !arty% (hitty on (ontr% 191, 8. Aleyn, 19, cited "y Lawrence. @% in 8 +% *% 169. (o % Dig% Action u!on the (ase u!on Assu !sit, F. 6 +% *% 652 . 8 +% *% 15=. : ;% ) <% 169 . 9 ;ass% :15. 1: ;ass% =8. (o% Litt% 126. (o % Dig% (ondition, D 1, L 1:. 1 Bl% (o % :82. 1 +% *% ::. @ones on Bail 128, 5 . 1 Bouv% 0nst% n% 1218% :% <!ecial "ail are discharged when the defendant dies, +idd, 18: . actus Dei ne ini facit in,uria "eing a a-i of law, a!!lica"le in such case. "ut if the defendant die after the return of the case and "efore it is filed, the "ail are fi-ed% 6 +% *% 188. 6 Binn% ::1, ::8% 0t is, however, no ground for an e-oneratur, that the defendant has "eco e deranged since the suit was "rought, and is confined in a hos!ital% 1 ?ash% (% (% *% 868, 6 +% 0t% 1:: Bos% ) 7ull% :61 +idd, 188% 4ide 8 ;ass% *e!% 168. : >eates, :9. 1 Dall% :19. 16 ;ass% *e!% 118. <tra% 118. 1 Leigh's /, 7% 528. 11 7ic'% *% 81. 1 4er % *% =1. 1 ?att's *e!% 88:% <ee generally, 5ortuitous Event. 7erils of the <ea% ACT OF 5RACE, <cotch law% +he na e "y which the statute which !rovides for the ali ent of !risoners confined for civil de"ts, is usually 'nown% 1% +his statute !rovides that where a !risoner for de"t declares u!on oath, "efore the agis trate of the ,urisdiction, that he has not wherewith to aintain hi self, the agistrate ay set hi it li"erty, if the creditor, in conse#uence of whose diligence he was i !risoned, does not ali ent hi within ten days after inti ation for that !ur!ose% 16=5, c% :1. Ers'% 7r% L% <cot% 8, :, 18% +his is so ewhat si ilar to a !rovision in the insolvent act of 7ennsylvania% ACT 8F LAW% An event which occurs in conse#uence of so e !rinci!le of law% 0f, for e-a !le, land out of which a rent charge has "een granted, "e recovered "y an elder title, and there"y the rent charge "eco es avoided. yet the grantee, shall have a writ of annuity, "ecause the rent charge is ade void "y due course or act of law, it, "eing a actus legis ne ini est da nosus% 1 0nst% 189% ACT OF MAN% Every an of sound ind and discretion is "ound "y his own acts, and the law does not !er it hi to do any thing against it. and all acts are construed ost strongly against hi who does the % 7lowd% 182%

1% A an is not only "ound "y his own acts, "ut "y those of others who act or are !resu ed to act "y his authority, and is res!onsi"le civilly in all such cases. and, in so e cases, even when there is "ut a !resu !tion of authority, he ay "e ade res!onsi"le cri inally. for e-a !le, a "oo'seller ay "e indicted for !u"lishing a li"el which has "een sold in his store, "y his regular sales en, although he ay !ossi"ly have had no 'nowledge of it% ACTIO BONAE FIDEI, civil law% An action of good faith% ACTIO COMMODATI CONTRARIA% +he na e of an action in the civil law, "y the "orrower against the lender, to co !el the e-ecution of the contract% 7oth% 7ret Esage, n% 95% ACTIO COMMODATI DIRECTA% 0n the civil law, is the na e of an action, "y a lender against a "orrower, the !rinci!al o",ect of which is to o"tain restitution of the thing lent% 7oth% 7ret% 5, Esage, n% 65, 68% ACTIO CONDICTIO INDEBITI% +he na e of an action in the civil law, "y which the !laintiff recovers the a ount of a su of oney or other thing "e !aid "y ista'e% 7oth% 7ro utuu , n% 182% <ee Assu !sit% ACTIO E2CONDUCTIO, civil law% +he na e of an action which the "ailor of a thing for hire ay "ring against the "ailee, in order to co !el hi to redeliver the thing hired% 7oth% du (ontr% de Louage, n% 5=% ACTIO DEPOSITI CONTRARIA% +he na e, of an action in the civil law which the de!ositary has against the de!ositor to co !el hi to fulfil his engage ent towards hi % 7oth% Du De!ot, la% 6=% ACTIO DEPOSITI DIRECTA% the civil law, this is the na e of an action which is "rought "y the de!ositor against the de!ositary, in order to get "ac' the, thing de!osited% 7oth% Du De!ot, n% 62% ACTIO JUDICATI, civil law% ?as an action instituted, after four onths had ela!sed after the rendition of ,udg ent, in which the ,udge issued his warrant to sei3e, first, the ova"les, which were sold within eight days afterwards. and then the i ova"les, which were delivered in !ledge to the creditors, or !ut under the care of a curator, and, if at the end of two ouths, the de"t was not !aid, the land was sold% Dig% 81, t% 1% A (ode, 8, :8% ACTIO NON, !leading% After stating the a!!earance and defence, s!ecial !leas "egin with this allegation, Gthat the said !laintiff ought not to have or aintain his aforesaid action thereof against hi ,G actio non ha"ere de"et% +his is technically ter ed the actio non% 1 (h% 7lead% 5:1 1 (h% 7lead% 811 . <te!h% 7lead% :=8% ACTIO NON ACCREVIT INFRA SE2 ANNOS% +he na e of a !lea to the statute of li itations when the defendant insists that the !laintiff's action has not accrued within siyears% 0t differs fro non assu !sit in thisB non assu !sit is the !ro!er !lea to an action on a si !le contract, when the action accrues on the !ro ise "ut when it does not accrue on the !ro ise "ut su"se#uently to it, the !ro!er !lea is actio non accrevit, )c% Lawes, 7l% in Ass% 9::. 5 Binn% 122, 12:. 1 <al'% 811. 1 <aund% *e!% 8: n% 1. 1 <aund, 6:, ". 1 <ell% /%7% 111% ACTIO PERSONALIS MIORITUR CUM PERSONA% +hat a !ersonal action dies

with the !erson, is an ancient and uncontested a-i % But the ter !ersonal action, re#uires e-!lanation% 0n a large sense all actions e-ce!t those for the recovery of real !ro!erty ay "e called !ersonal% +his definition would include contracts for the !ay ent of oney, which never were su!!osed to die with the !erson% <ee 1 <aund% *e!% 119, note 1% 1% +he a-i ust therefore "e ta'en in a ore restricted eaning% 0t e-tends to all wrongs attended with actual force, whether the affect the !erson or !ro!erty and to all in,uries to the !erson only, though without actual force% +hus stood originally the co on law, in which an alteration was ade "y the statute 8 Ed% 000% c% 9, which gave an action to an e-ecutor for an in,ury done to the !ersonal !ro!erty of his testator in his lifeti e, which was e-tended to the e-ecutor of an e-ecutor, "y statute of 15 Ed% 000% c% 5% And "y statute :1 Ed% 000% c% 11, ad inistrators have the sa e re edy as e-ecutors% :% +hese statutes received a li"eral construction fro the ,udges, "ut they do not e-tend to in,uries to the !erson of the deceased, nor to his freehold% <o that no action lies "y an e-ecutor or ad inistrator for an assault and "attery of the deceased, or tres!ass, vi et ar is on his land, or for slander, "ecause it is erely a !ersonal in,ury% /either do they e-tend to actions against e-ecutors or ad inistrators for wrongs co itted "y the deceased% 1: <% 188. (ow!% :96. 1 <aund% 116, 119, n% 1. (o % Dig 181, B 1:. 1 <al'% 151. 6 <% ) *% 191. ?% @ones, 115% 8% Assu !sit ay "e aintained "y e-ecutors or ad inistrators, in those cases where an in,ury has "een done to the !ersonal, !ro!erty of the deceased, and he ight in his lifeti e have waived the tort and sued in assu !sit% 1 Bay's *% 61. (ow!% :98. : ;ass% :11. 8 ;ass% 882. 1: ;ass% 191. 1 *oot, 1165% An action for a "reach of a !ro ise of arriage cannot "e aintained "y an e-ecutor, 1 ;% ) <% 828. nor against 1: <% ) *% 18:. 1 7ic'er% 91. unless, !erha!s, where the !laintiff's testator sustained s!ecial da ages% 1: <% ) *% 185% <ee further 11%<% ) *% 96. 1 Day's (as% 182. Bac% A"r% E,ect ent, 611 4in% A"r% 11:. 1 <al'% :18. 1 Ld% *ay % =91 1 <al'% 11 0d% 1=5. (ro% Eli3% :99, 8 1 <tr% 62 ?ent% E-% 65. 1 4ent% 196 id% so. 9 <erg% ) *% 18:. 9 East, 1:8-6 1 <aund% 116, a, n% 1. 6 ;ass% :=8. 1 @ohns% 119. 1 Bos% ) 7ull% ::2, n% a%. 1 (hit% 7i% 86. : Bouv% 0nst% n% 1952. this Dictionary, tit% actions. Death. 7arties to actions. <urvivor% ACTIO PRO SOCIO% 0n the civil law, is the na e of an action "y which either !artner could co !el his co-!artners to !erfor their social contract% 7oth% (ontr% de <ociete, n% 1:8% ACTION% (onduct, "ehaviour, so ething done% /o en actionis latissi e !atere vulgo notu est ac co !rehenders o ne o nino viventis o!eratione #uae !assioni o!!onitur% 4innius, (o % li"% 8, tit% 6% De actioni"us% 1% 6u an actions have "een divided into necessary actions, or those over which an has no control. and into free actions, or such as he can control at his !leasure% As an is res!onsi"le only when he e-erts his will, it is clear lie can "e !unished only for the 0atter% :% Actions are also divided into !ositives and negative the for er is called an act of co ision the latter is the o ission of so ething which ought to "e done, and is called an act of o ission% A an ay "e res!onsi"le as well for acts of o ission, as for acts of co ission% 8% Actions are voluntary and involuntary% +he for er are !erfor ed freely and without

constraint A the latter are !erfor ed not "y choice, against one's will or in a anner inde!endent of the will% 0n general a an is not res!onsi"le for his involuntary actions% >et it has "een ruled that if a lunatic hurt a an, he shall "e answera"le in tres!ass, although, if he 'ill a an, it is not felony% <ee 6o"% *e!% 1:8. 7o!ha , 161. 7a % /% 7% 68% <ee also Duress. ?ill% ACTION, 5rench co % law% <toc' in a coo !any, shares in a cor!oration% ACTION, in !ractice% Actio nihil aliud est, #ua ,us !erse#uendi in ,udicio #uod si"i de"etur% @ust% 0nst% Li"% 8, tit% 6. 4innius, (o % Actions are divided into cri inal and civil% Bac% A"r% Actions, A% 1% A 1% A cri inal action is a !rosecution in a court of ,ustice in the na e of the govern ent, against one or ore individuals accused of a cri e% <ee 1 (hitly's (r% Law% 1% A 1% A civil action is a legal de and of one's right, or it is the for given "y law for the recovery of that which is due% (o% Litt% 185. : Bl% (o % 116. = Bouv% 0nst% n% 16:=. Do at% <u!!% des Lois (iviles, liv% 8, tit% 1, /o% 1. 7oth% 0ntrod% generale au- (outu es, 12=. 1 <ell% 7r% 0ntrod% s% 8, !% 9:% Ers'% 7rinc% of <cot% Law, B% 81 t% 1% 1% +ill ,udg ent the writ is !ro!erly called an action, "ut not after, and therefore, a release of all actions is regularly no "ar of all e-ecution% (o% Litt% 18= a. *oll% A"% 1=1% +hey are real, !ersonal and i-ed% An action is real or !ersonal, according as realty or !ersonalty is recovered. not according to the nature of the defence% ?illes' *e!% 1:8% 8% A 1% *eal actions are those "rought for the s!ecific recovery of lands, tene ents, or heredita ents% <te!h% 70% :% +hey are either droitural, when the de andant see's to recover the !ro!erty. or !ossessory when he endeavors to o"tain the !ossession% 5inch's Law, 159, 8% <ee Bac% A"r% Actions, A, contra% *eal Actions are, 1st% ?rits of right. 1dly, ?rits of entry, which lie in the !er, the !er et cui, or the !ost, u!on disseisin, intrusion% or alienation% :dly% ?rits ancestral !ossessory, as ;ort d' ancester, aid, "esaiel, cosinage, or /u!er o"iit% (o % Dig% Actions, D 1% By these actions for erly all dis!utes concerning real estate, were decided. "ut now they are !retty generally laid aside in !ractice, u!on account of the great nicety re#uired in their anage ent, and the inconvenient length of their !rocess. a uch ore e-!editious, ethod of trying titles "eing since introduced "y other actions, !ersonal and i-ed% : Bl% (o % 118% <ee Booth on *eal Actions% 5% A 1% 7ersonal actions are those "rought for the s!ecific recovery of goods and chattels. or for da ages or other redress for "reach of contract, or other in,uries, of whatever descri!tion. the s!ecific recovery of lands, tene ents, and heredita ents only e-ce!ted% <te!h% 70% :. (o % Dig% Actions, D :. : Bouv% 0nst% n% 1681% 7ersonal actions arise either u!on contracts, or for wrongs inde!endently of contracts% +he for er are account, assu !sit, covenant, de"t, and detinue. see these words% 0n (onnecticut and 4er ont there is, an action used which is !eculiar to those states, called the action of "oo' de"t% 1 <wift's <yst% (h% 15% +he actions for wrongs, in,uries, or torts, are tres!ass on the case, re!levin, tres!ass, trover% <ee these words, and see Actio !ersonalis oritur cu !ersona% 6% A :% ;i-ed actions are such as a!!ertain, in so e degree, to "oth the for er classes, and, therefore, are !ro!erly reduci"le to neither of the , "eing "rought for the s!ecific recovery of lands, tene ents, or heredita ents, and for da ages for in,ury sustained in res!ect of such !ro!erty% <te!h% 7l% :. (o% Litt% 188, ". (o % Dig% Actions, D 8% Every i-ed action, !ro!erly so called, is also a real action% +he action of e,ect ent is a

!ersonal action, and for erly, a count for an assault and "attery count for the recovery of a ter of >ears in land%

ight "e ,oined with a

9% Actions are also divided into those which are local and such as are transitory% 1% A local action is one in which the venue ust still "e laid in the county, in which the cause of action actually arose% +he locality of actions is founded in so e cases, on co on law !rinci!les, in others on the statute law% 8% Df those which continue local, "y the co on law, are, lst, all actions in which the su",ect or thing to "e recovered is in its nature local% Df this class are real actions, actions of waste, when "rought on the statute of Floucester, $6 Edw% 0%& to recover with the da ages, the locus in #uo or !lace wasted. and actions of e,ect ent% Bac% A"r% Actions Local, )c% A, a. (o % Dig% Actions, / 1. 9 (o% 1 ". 1 Bl% *e!% 1292% All these are local, "ecause they are "rought to recover the seisin or !ossession of lands or tene ents, which are local su",ects% =% A 1dly% 4arious actions which do not see' the direct recovery of lands or tene ents, are also local, "y the co on law. "ecause they arise out of so e local su",ect, or the violation of so e local right or interest% 5or e-a !le, the action of #uare i !edit is local, inas uch as the "enefice, in the right of !resentationto which the !laintiff co !lains of "eing o"structed, is so% 9 (o% : a. 1 (hit% 70% 191. (o % Dig% Actions, / 8% ?ithin this class of cases are also any actions in which only !ecuniary da ages are recovera"le% <uch are the co on law action of waste, and tres!ass #uare clausu fregit. as li'ewise tres!ass on the case for in,uries affecting things real, as for nuisances to houses or lands. distur"ance of rights of way or of co on. o"struction or diversion of ancient water courses, )c% 1 (hit% 7l% 191. Fould on 7l% ch% :, 125, 126, 129% +he action of re!levin, also, though it lies for da ages only, and does not arise out of the violation of any local right, is nevertheless local% 1 <aund% :89, n% 1% +he reason of its locality a!!ears to "e the necessity of giving a local descri!tion of the ta'ing co !lained of% Fould on 70% ch% :, 111% A scire facias u!on a record, $which is an action, 1 +er *e!% 86,& although to so e intents, a continuation of the original suit, 1 +er *e!% :88, is also local% 12% A 1% 7ersonal actions which see' nothing ore than the recovery of oney or !ersonal chattels of any 'ind, are in ost cases transitory, whether they sound in tort or in contract. (o % Dig% Actions, / 11. 1 (hit% 70% 19:. "ecause actions of this class are, in ost instances, founded on the violation of rights which, in conte !lation of law, have no locality% 1 <aund% 181, ", note 6% And it will "e found true, as a general !osition, that actions e- delicto, in which a ere !ersonalty is recovera"le, are, "y the co on law, transitory.e-ce!t when founded u!on, or arising out of so e local su",ect% Fould on 7l% ch% :, 111% +he venue in a transitory action ay "e laid in any county which the !laintiff ay !refer% Bac% A"r% Actions Local, )c% A% $a%& 11% 0n the civil law actions are divided into real, !ersonal, and i-ed% 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 hi who is in !ossession of it, to co !el hi to give u! the !laintiff, or to !er it hi to en,oy the right he has in it% 0t is a right which a !erson has in a thing, follows the thing, and ay "e instituted against hi who !ossesses it. and this whether the thing "e ova"le or i ova"le and, in the sense of the co on law, whether the thing "e real or !ersonal% <ee Do at, <u!!% des Lois (iviles, Liv% 8, tit% 1, n% 5. 7othier,

0ntrod% Fenerales au- (outu es 112. Ers'% 7r% <cot% Law, B% 8, t% 1, 1% 11% A !ersonal action is that which a creditor has against his de"tor, to co !el hi to fulfil his engage ent% 7othier, l"% 7ersonal actions are divided into civil actions and cri inal actions% +he for er are those which are instituted to co !el the !ay ent or to do so e other thing !urely civil the latter are those "y which the !laintiff as's the re!aration of a tort or in,ury which he or those who "elong to hi have sustained% <o eti es these two 'inds of actions are united when they assu e the na e of i-ed !ersonal actions% Do at, <u!!% des Lois (iviles, Liv% 8, tit% 1, n% 8. 1 Brown's (iv% Law, 882% 1:% ;i-ed actions !artici!ate "oth of !ersonal and real actions% <uch are the actions of !artition, and to co !el the !arties to !ut down land ar's or "oundaries% Do at, u"i su!ra% ACTION AD E2HIBENDUM, civil law% +his was an action instituted for the !ur!ose of co !elling the defendant to e-hi"it a thing or title, in his !ower% 0t was !re!aratory to another action, which was always a real action in the sense of the *o an law, that is, for the recovery of a thing, whether it was ova"le or i ova"le% ;erl% Huest% de Dr% to e i% 88% +his is not unli'e a "ill of discovery% $#% v%& ACTION OF ADHERENCE, <cotch law% An action co !etent to a hushand or ?ife to co !el either !arty to adhere in case of desertion% ACTION OF BOO7 DEBT% +he na e of an action in (onnecticutand 4er ont, resorted to for the !ur!ose of recovering !ay ent for articles usually charged on "oo'% 1 Day, 125. 8 Day, 125. 1 4er , 66% <ee 1 *oot, 5=. 1 (onn% 95. Cir"y, 8=. 1 *o"t, 1:2. 11 (onn% 125% ACTION1 REDHIBITORY, civil law% An action instituted to avoid a sale on account of so e 4ice or defect in the thing sold which readers it either a"solutely useless, or its use so inconvenient and, i !erfect, that it ust "e, su!!osed the "uyer would not have !urchased it, had he 'nown of the vice% (iv% (ode of Louis% art% 18=6% ACTION OF A WRIT% +his !hrase is used when one !leads so e atter "y which he shows that the !laintiff had no cause to have the writ which he "rought, and yet he ay have a writ or action for the sa e atter% <uch a !lea is calledB a !lea to the action of the writ, whereas if it should a!!ear "y the !lea that the !laintiff has no cause to have action for the thing de anded, then it is called a !lea to the action% +er es de la ley% ACTIONS ORDINARY% <cotch law% By this ter recissory% Ers'% 7r% L% <cot% 8, 1, 5% is understood all actions not

ACTIONS RESCISSORY, <cotch law% Are divided into, 1, Actions of !ro!er i !ro"ation. 1, Actions of reduction-i !ro"ation. :, Actions of si !le reduction% Ers'% 7r% L% <cot% 8 1, 5, 1% A 1% 7ro!er i !ro"ation is an action "rought for declaring writing false or forged% :% A 1% *eduction-i !ro"ation is an action where"y a !erson who ay "e hurt, or affected "y a writing, insists for !roducing or e-hi"iting it in court, in order to have it set aside or its effects ascertained, under the certification, that the writing if not !roduced, shall "e declared false and forged%

8% A :% 0n an action of si !le reduction, the certification is only te !orary, declaring the writings called for, null, until they "e !roduced. so that they recover their full force after their !roduction% 0"% 8, 1, 8% ACTIONARY% A co ercial ter used a ong foreigners, to signify stoc'holders% ACTIONES NOMINATAE% 5or erly the English courts of chancery would a'e no writs when there was no !recedent, and the cases for which there were !recedents were called actiones no inatoe% +he statute of ?est % 1, c% 18, gave chancery authority to for new writs in consi ili casu% 6ence arose the action on the case% Bac% A"% (ourt of (hancery, A. 19, <erg% *% 1=5% ACTIVE% +he o!!osite, of !assive% ?e say active de"ts, or de"ts due to us. !assive de"ts are those we owe% ACTON BURNELL% <tatute of 4ide de ;ercatori"us% (ruise, Dig% tit% 18, s% 6% ACTOR, !ractice% 1% A !laintiff or co !lainant% 1% 6e on who the "urden of !roof lies% 0n actions of re!levin "oth !arties are said to "e actors% +he !roctor or advocate in the courts of the civil law, was called actor% ACTS OF COURT% 0n courts of ad iralty, "y this !hrase is understood legal e oranda of the nature of !leas% 5or e-a !le, the English court of ad iralty disregards all tenders, e-ce!t those for ally ade "y acts of court% A""ott on <hi!% !i% :, c% 12, 1, !% 82:. 8 *o"% *% 12:. 1 6agg% *% 159. Dunl% Ad % 7r% 128, 6% ACTS OF SEDERUNT% 0n the laws of <cotland, are ordinances for regulating the for s of !roceeding, "efore the court of session, in the ad inistration of ,ustice, ade "y the ,udges, who have a delegated !ower fro the legislature for that !ur!ose% Ers'% 7r% L% <cot% B% 1, t% 1, s% 18% ACTUAL% *eal. actual% 1% Actual notice% Dne which has "een e-!ressly given "y which 'nowledge of a fact hos "een "rought ho e to a !arty directly . it is o!!osed to constructive notice% :% Actual ad issions% +hose which are e-!ressly Bouv% 0nst% n% 8825% ade. they are !lenary or !artial% 8

8% An actual esca!e ta'es !lace when a !risoner in fact gets out of !rison, and unlawfull regains his li"erty% 4ide Esca!e% ACTUARIUS% An ancient na e or a!!ellation of a notary% ACTUARY% A cler' in so e cor!orations vested with various !owers% 0n the ecclesiastical law he is a cler' who registers the acts and constitutions of the convocation% ACTUS% A foot way and horse way% 4ide ?ay% AD DAMNUM, !leading% +o the da age% 0n all !ersonal and i-ed actions, with the e-ce!tion of actions of de"t #ui ta , where the !laintiff has sustained no da ages, the declaration concludes ad da nu % Arch"% (iv% 7l% 16=% AD DIEM% At the day, as a !lea of !ay ent ad die , on the day when the "eca e due% <ee <olvit ad die , and (o % Dig% 7leader, 1 ?% 1=% AD IN4UIRENDUM, !ractice% A ,udicial writ, co anding in#uiry to "e oney ade of any

thing relating to a cause de!ending in court% AD INTERIM% 0n the ean ti e% An officer is so eti es a!!ointed ad interi , when the !rinci!al officer is a"sent, or for so e cause inca!a"le of acting for the ti e% AD LA*FE;% At large. as, title at large, assi3e at large% <ee Dane's A"r% ch% 188, AD 4UEM% A Latin e-!ression which signifies to which, in the co !utation of ti e or distance, as the day ad #ue % +he last day of the ter , is always co !uted% <ee A #uo% 4UOD DAMNUM, Eng% law% +he na e of a writ issuing out of and returna"le into chancery, directed to the sheriff, co anding hi to in#uire "y a ,ury '?hat da age it will "e to the 'ing, or any other, to grant a li"erty, fair, ar'et, highway, or the li'e% AD SECTAM% At the suit of, co only a""reviated ads% 0t isusual in filing !leas, and other !a!ers, for a defendant, instead of !utting the na e of the !laintiff first, as 7eter v% 7aul to !ut his own first, and instead of v% to !ut ads%, as 7aul ads% 7eter% AD TERMINUM 4UI PRETERIIT% +he na e of a writof entry which lay for the lessor or his heirs, when a lease had "een ade of lands or tene ents, for ter of life or years, and, after the ter had e-!ired, the lands were withheld fro the lessor "y the tenant, or other !erson !ossessing the sa e% 5% /% B% 121% +he re edy now a!!lied for holdiug over $#, v%& is "y e,ect ent, or under local regulations, "y su ary !rooceedings% AD TUNC ET IBIDEM% +hat !art of an indict ent, where it is stated that the o",ectatter of the cri e or offence G then and there "eing found,G is technically so called% /% (% +er *% =:. Bac% A"% 0ndict ent, F 8% AD VITAM AUT CULPAM% An office to "e so held as to deter ine only "y the death or delin#uency of the !ossessor. in other words it is held #ua diu se "enegesserit% AD VALOREM% According to the value% +his Latin ter is used in co erce in reference to certain duties, called ad valore duties, which are levied on co odities at certain rates !er centu on their value% <ee Duties. 0 !osts. Act of (ong% of ;arch 1, 19==, s% 61 of ;arch 1, 181: s% 5% ADDITION% ?hatever is added to a an's na e "y way of title, as additions of estate, ystery, or !lace% 12 ?ent% 7lead% 891. <al'% 6. 1 Lord *ay% =88. B1 ?E<% 188, 5% 1% Additions of an estate or #uality are es#uire, gentle an, and the li'e. these titles can however "e clai ed "y none, and ay "e assu ed "y any one% 0n /ash v% Battershy $1 Lord *ay% =86 6 ;od% 82,& the !laintiff declared with the addition of gentle an% +he defendant !leaded in a"ate ent that the !laintiff was no gentle an% +he !laintiff de urred, and it was held ill. for, said the court, it a ounts to a confession that the !laintiff is no gentle an, and then not the !erson na ed in the count% 6e should have re!lied that he is a gentle an% :% Additions of ystery are such as scrivener, !ainter, !rinter, anufacturer, )c% 8% Additions of !laces are descri!tions "y the !lace of residence, as A% B% of 7hiladel!liia and theli'e% <ee Bac% A"% "% t%. Doct% 70% 91. 1 4in% A"r% 99. 1 Lilly's *eg% :=. 1 ;etc% *% 151% 5% At co on law there was no need of addition in any case, 1 Lord *ay% =88. it was, re#uired only "y <tat% 1 6% 5% c% 5, in cases where !rocess of outlawry lies% 0n all other

cases it is only a descri!tion of the !erson, and co on re!utation is sufficient% 1 Lord *ay% 88=% /o addition is necessary in a 6o ine *e!legiando% 1 Lord *ay% =89. <al'% 5. 1 ?ils% 188, 6. 6 *e!% 69% ADDITIONALES, in contracts% Additional ter s or !ro!ositions to "e added to a for er agree ent% ADDRESS, chan% !lead% +hat !art of a "ill which contains the a!!ro!riate and technical descri!tion of the court where the !laintiff see's his re edy% (oo!% E#% 70% 8. Bart% <uit in E#% 12<tory, E#% 70% 16 4an 6ey% E#% Draft% 1% ADDRESS, legislation% 0n 7ennsylvania it is a resolution of "oth, "ranches of the legislature, two-thirds of each house concurring, re#uesting the governor to re ove a ,udge fro office% +he constitution of that state, art% 5, s% 1, directs that G for any reasona"le cause, which shall not "e, ground for i !each ent, the governor ay re ove any of the Ithe ,udgesJ, on the address of two-third's of each "ranch of the legislature%G +he ode of re oval "y address is un'nown to the constitution of the, Enited <tates, "ut it is recogni3ed in several of the states% 0n so e of the state constitutions the language is i !erative. the governor when thus addressed shall re ove. in others it is left to his discretion, he ay re ove% +he relative !ro!ortion of each house that ust ,oin in the address, varies also in different states% 0n so e a "are a,ority is sufficient. in others, two-thirds are re#uisite. and in others three-fourths% 1 @ourn% of Law, 158% ADEMPTION, wills% A ta'ing away or revocation of a legacy, "y the testator% 1% 0t is either e-!ress or i !lied% 0t is the for er when revo'ed in e-!ress ter s "y a codicil or later will. it is i !lied when "y the acts of the testator it is anifestly his intention to revo'e it. for e-a !le, when a s!ecific legacy of, a chattel is ade, and afterwards the testator sells it. or if a father a'es !rovision for a child "y his will and afterwards gives to such child, if a daughter, a !ortion in arriage. or, if a son, a su of oney to esta"lish hi in life, !rovided such !ortion or su of oney "e e#ual to or greater than the legacy% 1 5on"l% :68 et, se#% +oll% E-% :12. 1 4ern% *% "y *aith"y, 85 n% and the cases there cited% 1 *o!er, Leg% 1:9, 156, for, the distinction "etween s!ecific and general legacies% ADHERIN5% (leaving to, or ,oining. as, adhering to the ene ies of the Enited <tates% 1% +he constitution of the Enited <tates, art% :, s :, defines treason against the Enited <tates, to consist only in levying war against the or in adhering to their ene ies, giving the aid and co fort% :% +he fact that a citi3en is cruising in an ene y's shi!, with a design to ca!ture or destroy A erican shi!s, would "e an adhering to the ene ies of the Enited <tates% 8 <tate +r% :18 . <al'% 6:8. 1 Fil"% Ev% "y Lofft, 9=8% 8% 0f war "e actually levied, that is, a "ody of en "e actually asse "led for the !ur!ose of effecting "y force a treasona"le enter!rise, all those who !erfor any !art, however inute, or however re ote fro the scene of action, and who are leagued in the general cons!iracy are to "e considered as traitors% 8 (ranch% 116% ADJOURNMENT% +he dis issal "y so e court, legislative asse "ly, or !ro!erly authori3ed officer, of the "usiness "efore the , either finally, which is called an ad,ourn ent sine die, without day. or, to eet again at another ti e a!!ointed, which is

called a te !orary ad,ourn ent% 1% +he constitution of the Enited <tates, art% 1, s% 5, 8, directs that Gneither house, during the session of congress, shall, without the consent of the other, ad,ourn for ore than three days, nor to any other !lace, that that in which the two houses shall "e sitting,%G 4ide (o % Dig% h% t%. 4in% A"% h% t%. Dict% de @ur% h% t% ADJOURNMENT6DAY% 0n English !ractice, is a day so called fro its "eing a further day a!!ointed "y the ,udges at the regular sittings, to try causes at nisi !rius% ADJOURNMENT6DAY IN ERROR% 0n the English courts, is a day a!!ointed so e days "efore the end of the ter , at which atters left undone on the affir ance day are finished% 1 +idd, 1118% ADJUDICATION, in !ractice% +he giving or !ronouncing a ,udg ent in a cause. a ,udg ent% ADJUDICATIONS, <cotch law% (ertain !roceedings against de"tors, "y way of actions, "efore the court of sessions and are of two 'inds, s!ecial and general% 1% A 1% By statute 1691, c% 1=, such !art only of the de"tor's lands is to "e ad,udged to the !rinci!al su and interest of the de"t, with the co !ositions due to the su!erior, and the e-!enses of infeoff ent, and a fifth !art ore, in res!ect the creditor is o"liged to ta'e landsfor his oney "ut without !enalties or sheriff fees% +he de"tor ust deliver to the creditor a valid right to the lands to "e ad,udged, or transu !ts thereof, renounce the !ossession in his favor, and ratify the decree of ad,udicationB and the law considers the rent of the lands as !recisely co ensurate to the interest of the de"t% 0n this, which is called a s!ecial ad,udication, the ti e allowed the de"tor to redee the lands ad,udged, $called the legal reversion or the legal,& is declared to "e five years% :% A 1% ?here the de"tor does not !roduce a sufficient right to the lands, or is not willing to renounce the !ossession and ratify the decree, the statute a'es it lawful for the creditor to ad,udge all right "elonging to the de"tor, in the sa e anner, and under the sa e reversion of ten years% 0n this 'ind, which is called a general ad,udication, the creditor ust li it his clai to the !rinci!al su , interest and !enalty, without de anding a fifth !art ore% <ee Act 1 5e"% 1688. Ers'% 7r% L% <cot,% $KKKK& s% 15, 16% <ee Diligences% ADJUNCTION% in civil law% +a'es !lace when the thing "elonging to one !erson is attached or united to that which "elongs to another, whether this unionis caused "y inclusion, as if one an's dia ond "e encased in another's ring. "y soldering, as if one's guard "e soldered on another's sword. "y sewing, as "y e !loying the sil' of one to a'e the coat of another. "y construction. as "y "uilding on another's land. "y writing, as when one writes on another's !arch ent. or "y !ainting, when one !aints a !icture on another's canvas% 1% 0n these cases, as a general rule, the accessory follows the !rinci!al. hence these things which are attached to the things of another "eco e the !ro!erty of the latter% +he only e-ce!tion which the civilians ade was in the case of a !icture, which although an accession, drew to itself the canvas, on account of the i !ortance which was attached to it% 0nst% li"% 1, t% 1, :8. Dig% li"% 81, t% 1, 1% =, 1% <ee Accession, and 1 Bl% (o % 828. Bro% A"% 7ro!ertie. (o % Dig% 7leader, ;% 18. Bac% A"r% +res!ass, E 1% 1 Bouv% 0nst% n% 8==% ADJUNCTS, English law% Additional ,udges a!!ointed to deter ine causes in the 6igh

(ourt of Delegates, when the for er ,udges cannot decide in conse#uence of disagree ent, or "ecause one of the law ,udges of the court was not one of the <helf% on Lun% :12%


ADJURATION% +he act "y which one !erson sole nly charges another to tell or swear to the truth% ?olff% 0nst% :98% ADJUSTMENT, ariti e law% +he ad,ust ent of a loss is the settlling and ascertaining the a ount of the inde nity which the insured after all !ro!er allowances and deductions have "een ade, is entitled to receive, and the !ro!ortion of this, which each underwriter is lia"le to !ay, under the !olicy ;arsh% 0ns% B% 1, c% 18, !% 619 or it is a written ad ission of the a ounts of the loss as settled "etween the !arties to a !olicy of insurance% : <tar'% Ev% 1169, 8% 1% 0n ad,usting a loss, the first thing to "e considered is, how the #uantity of da ages for which the underwriters are lia"le, shall "e ascertained% ?hen a loss is a total loss, and the iusured decides to a"andon, he ust give notice of this to the underwriters iii a reasona"le ti e, otherwise he will waive his right to a"andon, and ust "e content to clai only for a !artial loss% ;arsh% 0ns% B% 1, %c% :, s% 1. 15 East, 55=. 1 +% *% 628. = East, 18:. 1: East :28. 6 +aunt% :8:% ?hen the loss is ad itted to "e total, and the !olicy is a valued one, the insured is entitled to receive the whole su insured, su",ect to such deductions as ay have "een agreed "y the !olicy to "e ade in case of loss% :% +he #uantity of da ages "eing 'nown, the ne-t !oint to "e settled, is, "y what rule this shall "e esti ated% +he !rice of a thing does not afford a ,ust criterion to ascertain its true value% 0t ay have "een "ought very dear or very chea!% +he circu stances of ti e and !lace cause a continual variation in the !rice of things% 5or this reason, in cases of general average, the things saved contri"ute not according to !rune cost, "ut according to the !rice for which they ay "e sold at the ti e of settling the average% ;arsh% 0ns% B% 1, c% 18, s% 1, !% 611. Laws of ?ishuy, art% 12 Laws of Dleron, art% 8 this Dict% tit% 7rice% And see 8 Dall% 8:2. 1 (aines' *% 82. 1 <% ) *% 11= 1 <%) *% 159, 158% 8% An ad,ust ent "eing endorsed on the !olicy, and signed "y the underwriters, with the !ro ise to !ay in a given ti e, is !ri a facie evidence against the , and a ouuts to an ad ission of all the facts necessary to "e !roved "y the insured to entitle hi to recover in an action on the !olicy% 0t is li'e a note of hand, and "eing !roved, the insured has no occasion to go into !roof of any other circu stances% ;arsh% 0ns% B% 1, c% 18, s% :, !% 6:1. : <tar'% Ev% 1169, 8 7ar'% ch% 8. ?es'% 0ns, 8. Beaw% Le-% ;er% :12. (o % Dig% ;erchant, E =. A""ott on <hi!!% :86 to :88% <ee Da ages% ADJUTANT% A ilitary officer, attached to every "attalion of a regi ent% 0t is his duty to su!erintend, under his su!eriors, all atters relating to the ordinary routine of disci!line in the regi ent% ADJUTANT65ENERAL% A staff officer. one of those ne-t in ran' to the (o in-chief% ander-

ADJUNCTUM ACCESSORIUM, civil law% <o ething which is an accessory and a!!urtenant to another thing% 1 (hit% 7r% 158% ADMEASUREMENT OF DOWER, re edies% +his re edy is now nearly o"solete, even in England. the following account of it is given "y (hief Baron Fil"ert% G+he writ of

ad easure ent of dower lieth where the heir when he is within age, and endoweth the wife of ore than she ought to have dower of. or if the guardian in chivalry, Ifor the guardian in socage cannot assign dower,J endoweth the wife of ore than one-third !art of the land of which she ought to have dower, then the heir, at full age, ay sue out this writ against the wife, and there"y shall "e ad easured, and the sur!lusage she hath in dower shall "e restored to the heir. "ut in such case there shall not "e assigned anew any lands to hold to dower, "ut to ta'e fro her so uch of the lands as sur!asseth the third !art whereof she ought to "e endowed. and he need not set forth of whose assign ents she holds%G Fil"% on Eses, :9=. and see 5% /% B% 188. Bac% A"% Dower, C. 5% /% B% 188. (o% Litt% := a. 1 0nst% :69 Dower. Estate in Dower% ADMEASUREMENT OF PASTURE, Eng% law% +he na e of a writ which lies where any tenants have co on a!!endant in another ground and one overcharges the co on with "easts% +he other co oners, to o"tain their ,ust rights, ay sue out this writ against hi % ADMINICLE1% A ter , in the <cotch and 5rench law, for any writing or deed referred to "y a !arty, in an action at law, for !roving his allegations% 1% An ancient ter for aid or su!!ort% ot :% A ter in the civil, law for i !erfect !roof% +ech% Dict% h% t%. ;erl% *e!ert% Ad inicule%

ADMINICULAR EVIDENCE, eccl% law% +his ter is used in the eclesiastical law to signify evidence, which is "rought to e-!lain or co !lete other evidence% 1 Lee, Ecel%*% 5=5% TO ADMINISTER% ADMINISTERIN5% +he stat% = F% 04% c% :1, <% 11, enacts Gthat if any !erson unlawfully and aliciously shall ad inister, or atte !t to ad inister to any !erson, or shall cause to "e ta'en "y any !erson any !oison or other destructive things,G )c% every such offender, )c% 0n a case which arose under this statute, it was decided that to constitute the act of ad inistering the !oison, it was not a"solutely necessary there should have "een a delivery to the !arty !oisoned, "ut that if she too' it fro a !lace where it had "een !ut for her "y the defendant, and any !art of it went into her sto ach, it was an ad inistering% 8 (arr% ) 7ayne, :6=. <% (% 1= E% (% L% *% 81:. 1 ;oody's (% (% 118. (arr% (ri % L% 1:% 4ide Atte !t to 7ersuade% TO ADMINISTER, trusts% +o do so e act in relation to an estate, such as none "ut the owner, or so e one authori3ed "y hi or "y the law, in caseof his decease, could legally do% 1 6arr% (ond% Lo% *% 666% ADMINISTRATION, trusts% +he anage ent of the estate of an intestate, a inor, a lunatic, an ha"itual drun'ard, or other !erson who is inca!a"le of anaging his own affairs, entrusted to an ad inistrator or other trustee "y authority of law% 0n a ore confinedsense, and in which it will "e used in this article, ad inistration is the anage ent of an intestate's estate, or of the estate of a testator who, at the ti e ad inistration was granted, had no e-ecutor% 1% Ad inistration is granted "y a !u"lic officer duly authori3ed to delegate the trust. he is so eti es called surrogate, ,udge of !ro"ate, register of wills and for granting letters of ad inistration% 0t is to "e granted to such !ersons as the statutory !rovisions of the

several states direct% 0n general the right of ad inistration "elongs to hi whoG has the right to the vendue of the !ersonaltyB as if A a'e his will, and a!!oint B his e-ecutor, who dies intestate, and ( is the legatee of the residue of A's estate, ( has the right of ad inistration cu testa ento anne-o% 1 <trange, =56. 11 ;od% 8:9, :26. 1 @ones, 115. 1 (ro'e% 121. 1 Leo% 55. 1 4ent% 119% :% +here are several 'inds of ad inistrations, "esides the usual 'ind which gives to the ad inistrator the anage ent of all the !ersonal estate of the deceased for an unli ited ti e% Ad inistration durante inore oetate, ad inistration durante a"sentia, ad inistration !endente lite, ad inistration de "onis non, ad inistration cu testa ento anne-o% ADMINISTRATION, govern ent% +he anage ent of the affairs of the govern ent. this word is also a!!lied to the !ersons entrusted with the anage ent of the !u"lio affairs% ADMIINISTRATOR, trusts% An ad inistrator is a !erson lawfully a!!ointed, with his assent, "y an officer having ,urisdiction, to anage and settle the estate of a deceased !erson who has left no e-ecutor, or one who is for% the ti e inco !etent or una"le to act% 1% 0t will "e !ro!er to consider, first, his rights. secondly, his duties%. thirdly, the nu "er of ad inistrators, and their ,oint and several !owers. fourthly, the several 'inds of ad inistrators% :% A 1% By the grant of the letters, of ad inistration, the ad inistrator is vested with full and a !le !ower, unless restrained to so e s!ecial ad inistration, to ta'e !ossession of all the !ersonal estate of the deceased and to sell it. to collect the de"ts due to hi . and to re!resent hi in all atters which relate to his chattels real or !ersonal% 6e is authori3ed to !ay the de"ts of the, intestate in the order dire ted "y law. and, in the Enited <tates, he is generally entitled to a ,ust co !ensation, which is allowed hi as co isions on the a ount which!asses through his hands% 8% A 1% 6e is "ound to use due diligence in the anage ent of the estate. and he is generally on his a!!oint ent re#uired to give security that he will do so. he is res!onsi"le for any waste which% ay ha!!en for his default% <ee Devastavit% 5% Ad inistrators are authori3ed to "ring and defend actions% +hey sue and are sued in their own na es. as, A B, ad inistrator of ( D, v% E 5. or E 5 v% A B, ad inistrator of ( D% 6% A :% As to the nu "er of ad inistrators% +here ay "e one or ore% ?hen there are several they ust, in general, act together in "ringing suits, and they ust all "e sued . "ut, li'e e-ecutors, the acts of each, which relate to the delivery, gift, sale, !ay ent, !ossession% or release of the intestate's goods, are considered as of e#ual validity as the acts of all, for they have a ,oint !ower and authority over the whole% Bac% A"% E-ecutor, ( 8. 11 4in% A"% :58. (o % Dig% Ad inistration, B 11. 1 Dane's A"% :8:. 1 Litt% *% :15% Dn the death of one of several ,oint ad inistrators, the whole authority is vested in the survivors% 9% A 8% Ad inistrators are general, or those who have right to ad inister the whole estate of the intestate. or s!ecial, that is, those who ad inister it in !art, or for a 0i ited ti e% 8 A 1% Feneral ad inistrators are of two 'inds, na elyB first, when the grant of

ad inistration is unli ited, and the ad inistrator is re#uired to ad inister the whole estate% under the intestate laws% secondly, when the grant is ade with the anne-ation of the will, which is the guide to the ad inistrator to ad inister and distri"ute the estate% +his latter ad inistration is granted when the deceased has ade a will, and either he has not a!!ointed an e-ecutor, or having a!!ointed one he refuses to serve, or dies, or is inco !etent to act. this last 'ind is called an ad inistrator cu testa ento anne-o% 1 ?ill% on ?ills, :2=% =% A 1% <!ecial ad inistrators are of two 'inds. first, when the ad inistration is li ited to !art of the estate, as for e-a !le, when the for er ad inistrator has died, leaving a !art of the estate unad inistered, an ad inistrator is a!!ointed to ad inister the re ainder, and he is called an ad inistrator de "onis non% 6e has all the !owers of a co on ad inistrator% Bac% A"% E-ecutors, B 1. <w% :=6. *oll% A"% =29. 6 < % ) ;arsh% :1:% ?hen an e-ecutor dies leaving a !art of the estate unad inistered, the ad inistrator a!!ointed to co !lete the e-ecution of the win is called an ad inistrator de "onis non, cu testa ento anne-o% (o % Dig% Ad inistrator, B 1% <econdly, ?hen the authority of the ad inistrator is li ited as to ti e% Ad inistrators of this 'ind are, 1% An ad inistrator durante inore oetate% +his ad inistrator is a!!ointed to act as such during the inority of an infant e-ecutor, until the latter shall, attain his lawful age to act% Fodol!h% 121. 5 (o% 1=% 6is !owers e-tend to ad inister the estate so far as to collect the sa e, sell a sufficiency of the !ersonal !ro!erty to !ay the de"ts, sell "ona !eritura, and !erfor such other acts as re#uire i ediate attention% 6e ay sue and "e sued% Bac% A"% E-ecutor, B 1 . *oll% A"% 112. (ro% Eli3% 918% +he !owers of such an ad inistrator cease, as soon as the infant e-ecutor attains the age at which the law authori3es hi to act for hi self, which, at co on law, is seventeen years, "ut "y statutory !rovision in several states twenty-one years% 12% A 1% An ad inistrator durante a"sentid, is one who is a!!ointed to ad inister the estate during the a"sence of the e-ecutor, "efore he has !roved the will% +he !owers of this ad inistrator continue until the return of the e-ecutor, and% then his !owers cease u!on the !ro"ate of the will "y the e-ecutor% 8 6agg% 862% 0n England it has "een holden, that the death of the e-ecutor a"road does not deter ine the authority of the ad inistrator durante a"sentia% : Bos% ) 7ull% 16% 11% A :% An ad inistrator !endente lite% Ad inistration !endente lite ay "e granted !ending the controversy res!ecting an alleged will and it has "een granted !ending a contest as to, the right to ad inistration% 1 7% ? s% 58=. 1 At'% 186. 1 (as% te !% Lee, 158% +he ad inistrator !endente lite is erely an officer of the court, and holds the !ro!erty only till the suit ter inates% 1 6agg% :1:% 6e ay aintain suits, 1 4es% sen% :15. 1 4es% ) B% =9. 1 Ball ) B% 1=1. though his !ower does not e-tend to the distri"ution of the assets% 1 Ball ) B% 1=1% ADMINISTRATRI2% +his ter is a!!lied to a wo an to who ad inistration have "een granted% <ee Ad inistrator% ADMIRAL, officer% 0n so e countries is the co +his office does not e-ist in the Enited <tates% letters of

ander in chief of the naval forces%

ADMIRALTY% +he na e of a ,urisdiction which ta'es cogni3ance of suits or actions which arise in conse#uence of acts done u!on or relating to the sea. or, in other words, of

all transactions and !roceedings relative to co erce and navigation, and to da ages or in,uries u!on the sea% 1 Fall% *% 868% 0n the great ariti e nations of Euro!e, the ter G ad iralty ,urisdiction,G is, unifor ly a!!lied to courts e-ercising ,urisdiction over ariti e contracts and concerns% 0t is as fa iliarly 'nown a ong the ,urists of <cotland, 5rance, 6olland and <!ain, as of England, and a!!lied to their own courts, !ossessing su"stantially the sa e ,urisdiction as the English Ad iralty had in the reign of Edward 000% 0"id%, and the authorities there cited. and see, also, Bac% A"% (ourt of Ad iralty. ;erl% *e!ert% h% t% Encyclo!edie, h% t%. 1 Dall% :1:% 1% +he (onstitution of the Enited <tates has delegated to the courts of the national govern ent cogni3ance Gof all cases of ad iralty and ariti e ,urisdiction.G and the act of <e!te "er 18, 198=, ch% 12 s% =, has given the district court G cogni3ance of all civil causes of ad iralty and ariti e ,urisdiction,G including all sei3ures under laws of i !osts, navigation or trade of the Enited <tates, where the sei3ures are ade on waters naviga"le fro the sea, "y vessels of ten or ore tons "urden, within their res!ective districts, as well as u!on the high seas% :% 0t is not within the !lan of this wor' to enlarge u!on this su",ect% +he reader is referred to the article (ourts of the Enited <tates, where he will find all which has "een thought necessary to say u!on it as "een the su",ect% 4ide, generally, Dunla!'s Ad % 7ractice. Bett's Ad % 7ractice. 1 Cent's (o % :5: to :82. <erg% (onst% Law, 0nde-, h% t%. 1 Fall% *% :=8% to 896. 1 (hit% 7% 528. Bac% A"% (ourts of Ad iralty. 6 4in% A"% 525. Dane's A"% 0nde- "% t. 11 Bro% (iv% and Ad % Law. ?heat% Dig% 1. 1 <tory L% E% <% 56, 62. 1 0d% =25, : 0d% 1568, 16=6. 8 <harsw% cont% of <tory's L% E% <% 1161. (ler'e's 7ra-is. (ollectanea ;ariti a. 1 E% <% Dig% tit% Ad iralty (ourts, L000% ADMISSION, in cor!orations or co !anies% +he act of the cor!oration or co !any "y which an individual ac#uires the rights of a e "er of such cor!oration or co !any% 1% 0n trading and ,oint stoc' cor!orations no vote of ad ission is re#uisite. for any !erson who owns stoc' therein, either "y original su"scri!tion or "y conveyance, is in general entitled to, and cannot "e refused, the rights and !rivileges of a e "er% : ;ass% *% :68. Doug% 518. 1 ;an% ) *y% 51=% :% All that can "e re#uired of the !erson de anding a transfer on the "oo's, is to !rove to the cor!oration his right to the !ro!erty% <ee 8 7ic'% =2% 8% 0n a ;utual 0nsurance (o !any, it has "een held, that a !erson ay "eco e a e "er "y insuring his !ro!erty, !aying the !re iu and de!osit- oney, and rendering hi self lia"le to "e assessed according to the rules of the cor!oration% 1 ;ass% *% :15% ADMISSIONS, in evidence% (oncessions "y a !arty of the e-istence of certain facts% +he ter ad ission is usually a!!lied to civil transactions, and to atters of fact in cri inal cases, where there is no cri inal intent the ter confession, $#% v%& is generally considered as an ad ission of guilt% 1% An ad ission is the testi ony which the !arty ad itting "ears to the truth of a fact against hi self% 0t is a voluntary act,which he ac'nowledges as true the fact in dis!ute% IAn ad ission and consent are, in fact, one and the sa e thing, unless indeed for ore e-actness we say, that consent is given to a !resent fact or agree ent, and ad ission has reference to au agree ent or a fact anterior for !ro!erly s!ea'ing, it is not the ad ission which for s a contract, o"ligation or engage ent, against the !arty ad itting% +he

ad ission is, "y its nature, only the !roof of a !re-e-isting o"ligation, resulting fro the agree ent or the fact, the truth of which is ac'nowledged% +here is still another re ar'a"le difference "etween ad ission and consentB the first is always free in its origin, the latter, always orally forced% 0 ay refuse to consent to a !ro!osition ade to e, a"stain fro a fact or an action which would su",ect e to an o"ligation . "ut once y consent is given, or the action co itted, 0 a no longer at li"erty to deny or refuse either. 0 a constrained to ad it, under the !enalty of dishonor and infa y% But notwithstanding all these differences, ad ission is identified with consent, and they are "oth the anifestation of the will% +hese ad issions are generally evidence of those facts, when the ad issions the selves are !roved%J :% +he ad issi"ility and effect of evidence of this descri!tion will "e considered generally, with res!ect to the nature and anner, of the ad ission itself and, secondly, with res!ect to the !arties to "e affected "y it% 8% 0n the first !lace, as to the nature and anner of the ad ission. it is either ade with a view to evidence. or, with a view to induce others to act u!on the re!resentation. or, it is an unconnected or casual re!resentation% 5% A 1% As an instance of ad ission ade with a view to evidence ay "e entioned the case where a !arty has sole nly ad itted a fact under his hand and seal, in which case he is, esto!!ed, not only fro dis!uting the deed itself, "ut every fact which it recites% B% /% 7% 1=8. 1 <al'% 186. (o % Dig% Esto!!el, B 5. <tar'% Ev% !t% 8, !% : 1% 6% A 1% 0nstances of thing second class of ad issions which have induced others to act u!on the are those where a an has coha"ited with a wo an, and treated her in the front of the world as his wife, 1 Es!% 6:9. or where he% has held hi self out to the world in a !articular character. 0"% 1 (a !% 185. he cannot in the one case deny her to "e his ?ife when sued "y a creditor who has su!!lied her with goods as such, nor in the other can he divest hi self of the character "e has assu ed% 9% A :% ?here the ad ission or declaration is not direct to the #uestion !ending, although ad issi"le, it is not in general conclusive evidence. and though a !arty ay "y falsifying his for er declaration, show that he has acted illegally andi orally, yet if he is not guilty of any "reach of good faith in the e-isting transaction, and has not induced others, to act u!on his ad ission or declaration, nor derived any "enefit fro it against his adversary, "e is not "ound "y it% +he evidence in such cases is erely !resu !tive, and lia"le to "e re"utted% 8% <econdly, with res!ect to the !arties to "e affected "y it% 1% By a !arty to a suit, 1 7hil% Ev% 98. 9 +% *% 56:. 1 Dall% 65% +he ad issions of the !arty really interested, although he is no !arty to the suit, are evidence% 1 ?ils% 159% =% A 1% +he ad issions of a !artner during the e-istence of a !artnershi!, are evidence against "oth% 1 +aunt% 128. 7ea'e's (% 12: 1 <tar'% (% 81% <ee 12 @ohns% *% 66 0"% 116. 1 ;% ) <elw% 18=% As to ad issions ade after the dissolution% of the !artnershi!, see : @ohns% *% 5:6. 15 @ohns% *% 818 1 ;arsh% $Centuc'y& *% 18=% According to the English decisions, it see s, the ad issions of one !artner, after the dissolution, have "een holden to "ind the other !artner. this rule has "een !artially changed "y act of !arlia ent% (olly% on 7art% 181. <tat% = Feo% 04% c% 18, $;ay =, 1818%& 0n the <u!re e (ourt of the Enited <tates, a rule, the reverse of the English, has "een ado!ted, ainly on the ground, that the

ad ission is a new contract or !ro ise, s!ringing out of, ana su!!orted "y the original consideration% 1 7et% *% :51. 1 ;'Lean, 89% +he state courts have varied in their decisions so e have ado!ted the English rule. and, in others it has "een overruled% 1 Bouv% 0nst% ii% 1519. <tory, 7artn% :18. : Cent, (o % Lect% 8:, !% 8=, 8th ed%. 19 <% ) *% 116. 15 @ohns% *% 82=. = (owen, *% 811. 8 7aige, *% 19. 11 7ic'% *% 822. 9 >erg% *% 5:8% 12% A :% By one of several !ersons who have a co 89. : <erg% ) *% =% unity of interest% <tar', Ev% !t% 8, !%

11% A 8% By an agent, 1 7hil% Ev% 99-81 : 7aley Ag% 12:-129% 11% A 5% By an attorney, 8 (a !% 1::. "y wife, 7aley, Ag% 1:=, n% 1 ?hart% Dig% tit% Evidence, 2 9 +% *% 111 . /ott ) ;'(% :98% 1:% Ad issions are e-!ress or i !lied% An e-!ress ad ission is one ade in direct ter s% An ad ission ay "e i !lied fro the silence of the !arty, and ay "e !resu ed% As for instance, when the e-istence of the de"t, or of the !articular right, has "een asserted in his !resence, and he has not contradicted it% And an a#uiescence and endurance, when acts are done "y another, which if wrongfully done, are encroach ents, and call for resistance and o!!osition, are evidence, as a tacit ad ission that such acts could not "e legally resisted% <ee 1 <tar'% (% 891% <ee, generally, <tar'% Ev% !art 8, tit% Ad issions. 1 7hil% Ev% !art 1, c% 5, s % 8. 1 Freenl% Ev% 16=-111. 1 Evans' 7othier, :1=. 8 East, 58=, ii% 1. (o % Dig% +este oigne, Addenda, vol% 9, !% 8:8. 4in% A"r% Evidence, A, "% 1, A, "% 1: 0"% (onfessions. this Dict% tit% (onfessions, E-a ination. Bac% A"r% Evidence L%. +oullier, Droit, (ivil 5rancais, to e 12, !% :95, 852. : Bouv% 0nst% n% :29:% ADMISSIONS, of attorneys and counsellors% +o entitle counsellors and attorneys to !ractice in court, they ust "e ad itted "y the court to !ractice there% Different statutes and rules have "een ade to regulate their ad ission. they generally re#uire a !revious #ualification "y study under the direction of so e !racticing counsellor or attorney% <ee 1 +rou"% ) 6aly's 7r% 18. 1 Arch% 7r% 16. Bla'e's 7r% :2% ADMISSIONS% in !leading% ?here one !arty eans to ta'e advantage of, or rely u!on so e atter alleged "y his adversary, and to a'e it !art of his case, he ought to ad it such atter in his own !leadings. as if either !arty states the title under which his adversary clai s, in which instances it ,is directly o!!osite in its nature to a !rotestation% <ee 7rote stando% But where the !arty wishes to !revent the a!!lication of his !leading to so e atter contained in the !leading of his adversary, and therefore a'es an e-!ress ad ission of such atter $which is so eti es the case,& in order to e-clude it fro the issue ta'en or the li'e, it is so ewhat si ilar in o!eration and effect, to a !rotestation% 1% +he usual ode of a'ing an e-!ress ad ission in !leading, is, after saying that the !laintiff ought not to have or aintain his action, )c%, to !roceed thus, G Because he says that although it "e true thatG )!eating such of the allegations of the adverse !arty as are eant to "e ad itted% E-!ress ad issions are only atters of fact alleged in the !leadings. it never "eing necessary e-!ressly to ad it their legal sufficiency, which is always ta'en for granted, unless so e o",ection "e ade to the % Lawes' (iv% 7l% 18:, 188% <ee 1 (hit 70% 622. Arc""% (iv% 70% 115% :% 0n chancery !leadings, ad issions are said to "e !lenary and !artial% +hey are !lenary "y force of ter s not only when the answer runs in this for , Gthe defendant ad its it to "e true,G "ut also when he si !ly asserts, and generally s!ea'ing, when "e says, that Ghe

has "een infor ed, and "elieves it to "e true,G without adding a #ualification such as, Gthat he does not 'now it of his own 'nowledge to "e so, and therefore does not ad it the sa e%G 7artial ad issions are those which are delivered in ter s of uncertainty, i-ed u! as they fre#uently are, with e-!lanatory or #ualifying circu stances% ADMISSIONS, in !ractice, 0t, fre#uently occurs in !ractice, that in order to save e-!enses as to ere for al !roofs, the attorneys on each side consent to ad it, reci!rocally, certain facts in the cause without calling for !roof of the % 1% +hese are usually reduced to writing, and the, attorneys shortly, add to this effect, na ely, G ?e agree that the a"ove facts shall on the trial of this cause "e ad itted, and ta'en as !roved on each side.G and signing two co!ies now called, Gad issions G in the cause, each attorney ta'es one% Fresl% E#% Ev% c% 1, !% :8% ADMITTANCE, Eng% law% +he act of giving !ossession of a co!yhold estate, as livery of seisin is of a freehold. it is of three 'inds, na ely u!onavoluntary grant "y the lord& u!on a surrender "y the for er tenant and u!on descent% ADMIITENDO IN SOCIUM% Eng% law% A writ associating certain !ersons to ,ustices of assi3e% ADMONITION% A re!ri a d fro a ,udge to a !erson accused, on "eing discharged, warning hi of the conse#uences of his conduct, and inti ating to hi , that should he "e guilty of the sa e fault for which he has "een ad onished, he will "e !unished with greater severity% ;erlin, *e!ert% h% t% 1% +he ad onition was authori3ed "y the civil law, as a s!ecies of !unish ent for slight isde eanors% 4ide *e!ri and ADNEPOS% A ter e !loyed "y the *o ans to designate ale descendants in the fifth degree, in a direct line% +his ter is used in a'ing genealogical ta"les% ADOLESCENCE, !ersons% +hat age which follows !u"erty and !recedes the age of a,ority. it co ences for ales at fourteen, and for fe ales at twelve years co !leted, and continues till twenty-one years co !lete% ADOPTION, civil law% +he act "y which a !erson chooses another fro a strange fa ily, to have all the rights of his own child% ;erl% *e!ert% h% t%. Dig% 1, 9, 15, 1. and see Arrogation% By art% 1:1, of the civil code of Louisiana, it is a"olished in that state% 0t never was in use in any other of the Enited <tates% ADRO5ATION, civil law% +he ado!tion of one who was i !u"es, that is, if a under fourteen years of age. if a fe ale, under twelve% Dig% 1, 9, 19, 1% ale,

ADULT, in the civil law% An infant who, if a "oy, has attained his full age of fourteen years, and if a girl, her full age of twelve% Do at, Liv% 7rel% t% 1, s% 1, n% 8% 0n the co on law an adult is considered one of full age% 1 <wanst% *% 55:% ADULTERATION% +his ter denotes the act of i-ing so ething i !ure with so ething !ure, as, to i- an inferior li#uor with wino. au inferior article with coffee, tea,%and the li'e% ADULTERINE% A ter used in the civil law to denote the issue of an adulterous intercourse% <ee /icholas on Adulterine Bastardy%

ADULTERIUM% 0n the old records this word does not signify the offence of adultery, "ut the fine i !osed for its co ission% Barr% on the <tat% 61, note% ADULTERY, cri inal law% 5ro ad and alter, another !erson. a cri inal conversation, "etween a an arried to another wo an, and a wo an arried to another an, or a arried and un arriod !erson% +he arried !erson is guilty of adultery, the un arried of fornicatiou% $#% v%& 1 >eates, 6. 1 Dall% 118. "ut see 1 Blac'f% :18% 1% +he ele ents of this cri e are, 1st, that there shall "e an unlawful carnal conne-ion. 1dly, that the guilty !arty shall at the ti e "e arried. :dly, that he or she shall willingly co it the offence. for a wo an who has "een ravished against her will is not guilty of adultery% Do at, <u!!% du Droit 7u"lic, liv% :, t% 12, n% 1:% :% +he !unish ent of adultery, in the Enited <tates, generally, is fine and i !rison ent% 8% 0n England it is left to the fee"le hands of the ecclesiastical courts to !unish this offence% 5% Adultery in one of the arried !ersons is good cause for o"taining a divorce "y the innocent !artner% <ee 1 7ic'% 1:6. 8 7ic'% 8::. = ;ass% 8=1B 18 7ic'% 518. 9 Freenl% 59. 8 Freenl% 95. 9 (onn% 169 12 (onn% :91. 6 4er % :11. 1 5airf% :=1 8 <% ) *% 88=. 5 *and% 6:8. 6 *and% 619. 8 <% ) *% 15=. 1 >eates, 198, 866. 8 /% 6% *e!% 521. 5 Day, 18=. 1 /% ) ;% 169% 6% As to !roof of adultery, see 1 Freenl% 82, ;arriage% ADVANCEMENT% +hat which is given "y a father to his child or !resu !tive heir, "y antici!ation of whathe ight inherit% 6 ?atts, *% 89. 19 ;ass% *% :58. 16 ;ass% *% 122. 8 <% ) *% :::. 11 @ohn% *% =1. ?right, *% ::=% <ee also (oo! @ust% 515, 595. 1 +ho% (o% Lit% 8:5, 6. : Do% :85, :88. +oll% :21. 5 4e3% 911. 1 *o"% on ?ills, 118. ?ash% (% (% *e!% 115. 8 <% ) *% :::. 1 <% ) *% :11. : (onn% *e!% :1. and !ost (ollatio "onoru % 1% +o constitute an advance ent "y the law of England, the gift ust "e ade "y the father and not "y another, not even "y the other% 1 7% ? s% 856% 0n 7ennsylvania a gift of real or !ersonal estate "y the father or other ay "e an advance ent% 1 <% ) *% 819. Act 1= A!ril 19=8, =. Act 8 A!ril, 18::, 16% +here are in the statute laws of the several states !rovisions relative to real and !ersonal estates, si ilar in ost res!ects to those which e-ist in the English statute of distri"ution, concerning an advance ent to a child% 0f any child of the intestate has "een advanced "y hi "y settle ent, either out of the real or !ersonal estate, or "oth, e#ual or su!erior to the a ount in value of the share of such child which would "e due fro the real and !ersonal estate, if no such advance enthad "een ade, then such child and his descendants, are e-cluded fro any share in the real or !ersonal estate of the intestate% :% But if the advance ent "e not e#ual, then such child, and in case of his death, his descendants, are entitled to receive, fro the real and !ersonal estate, sufficient to a'e u! the deficiency, and no ore% 8% +he advance ent, is either e-!ress or i !lied% As to what is an i !lied advance ent, see 1 5on"% E#% 111. 1 <u!!% to 4es% @r% 88. 1 l"% 59. 1 4ern% "y *aith"y, 88, 128, 116. 5 4es% 811. Bac% A"% h% t%. 8 Cent, (o % 19:% 5% A de"t due "y a child to his father differs fro an advance ent% 0n case of a de"t, the

oney due ay "e recovered "y action for the use of the estate, whether any other !ro!erty "e left "y the deceased or not. whereas, an advance ent erely "ars the child's right to receive any !art of his father's estate, unless he "rings into hotch !ot the !ro!erty advanced% 19 ;ass% *% =:, :5=% <ee, generally, 19 ;ass% *% 81, :56. 8 7ic'% *% 11. 8 ;ass% *% 682. 8 ;ass% *% 18:. 12% ;ass% *% 8:9. 5 7ic'% *% 519. 9 (onn% *% 1. 6 (onn% *% :55. 5 7aige's *% :18. 6 ?atts' *% 86, 158, :2=. 1 >erg% *% 1:5. : >erg% *% =5. Bac% A"% +rusts, D. ;ath% on 7res% 5=. 5 6ayw% 1:9. 11 @ohn% =1. l <wanst% 1:. 1 (h% (as% 58. : (onn% :1. 15 4es% 8:, 52. E% <% Dig% h% t%. 6 ?hart% :92. 8 <% ) *% :::. 8 ?hart% 1:2, 582. 5 ?atts, =. 1 ?atts ) <erg% :=2. 12 ?atts, *% 158. 5 *awle, 11:. 5 ?atts, =, 82. 6 ?atts ) <erg% 12:% +he law of 5rance in res!ect to advance ents is stated at length in ;orl% *e!% de @uris!% *a!!ort a succession% ADVANCES, contracts% <aid to ta'e !lace when, a factor or agent !ays to his !rinci!al , a su of, oney on the credit of goods "elonging to the !rinci!al, which are !laced, or are to "e !laced, in the !ossession of the factor or agent, in order to rei "urse hi self out of the !roceeds of the sale% 0n such case the factor or agent has a lien to the a ount of his clai % (ow!% *% 151. 1 Burr% *% =:1. Liver % on Ag% :8. @ourn% of Law, 186% 1% +he agent or factor has a right not only to advances ade to the owner of goods, "ut also for e-!enses and dishurse ents ade in the course of his agency, out of his own oneys, on account of, or for the "enefit of his !rinci!al. such as incidental charges forwarehouse-roo , duties, freight, general average, salvage, re!airs, ,ourneys, and all other acts done to !reserve the !ro!erty of the !rinci!al, and to ena"le the agent to acco !lish the o",ects of the !rinci!al, are to "e !aid fully "y the latter% <tory on Bail % 1=9. <tory on Ag% ::5% :% +he advances, e-!enses and dishurse ents of the agent ust, however, have "een ade in good faith, without any default on his !art Liv% on Ag% 18-16. < ith on ;erc% 56 7aley on Ag% "y Lloyd, 12=. 6 East, *% :=1. 1 Bouv% list% n% 1:82% 8% ?hen the advances and dishurse ents have "een !ro!erly ade, the agent is entitled not only to the return of the oney so advanced, "ut to interest u!on such advances and dishurse ents, whenever fro the nature of the "usiness, or the usage of trade, or the !articular agree ent of the !arties, it ay "e fairly !resu ed to "e sti!ulated for, or due to the agent% 9 ?end% *% :15. : Binn% *% 1=5. : (aines' *% 116. 1 6% Bl% :2:. : (a !% *% 869 15 East, *% 11:. 1 Bouv% 0nst% n% 1:81% +his ,ust rule coincides with the civil law on this su",ect% Dig% 19, 1, 11, =. 7oth% 7and% li"% 19, t% 1, n% 98% ADVENTITIOUS, adventitius% 5ro advenio. what co es incidentally. us adventitia "ona, goods that, fall to a an otherwise than "y inheritance. or adventitia dos, a dowry or !ortion given "y so e other friend "eside the !arent% ADVENTURE, "ill of% A writing signed "y a erchant, to testify that the goods shi!!ed on "oard a certain vessel are at the venture of another !erson, he hi self "eing answera"le only for the !roduce% +echn% Dict% ADVENTURE, cri % law% <ee ;isadventure% ADVENTURE, er% law% Foods sent a"road under the care of a su!ercargo, to "e dis!osed of to the "est advantage for the "enefit of his e !loyers, is called an adventure% ADVERSARY% Dne who is a !arty in a writ or action o!!osed to the other !arty%

ADVERSE POSSESSION, title to lands% +he en,oy ent of land, or such estate as lies in grant, under such circu stances as indicate that such en,oy ent has "een co enced and contiuued, under an assertion or color of right on the !art of the !ossessor% : East, *% :=8. 1 7ic'% *e!% 866. 1 Dall% *% 69. 1 <erg% ) *awle, 519. 12 ?atts *, 18=. 8 (on *% 882. : 7enn% 1:1. 1 Ai'% :68. 1 ?atts, 1:. =, @ohn% 198. 18 @ohn% 82, :55. 5 7et% 821. 8 Bi"", 552% Actual !ossession is a !edis !ossessio which can "e only of ground enclosed, and only such !ossession can a wrongdoer have% 6e can have no constructive !ossession% 9 <erg% ) *% 1=1. : 0d% 519. 1 ?ash% (% *e!% 898, 89=% 1% ?hen the !ossession or en,oy ent has "een adverse for twenty years, of which the ,ury are to ,udge fro the circu stances the law raises the !resu !tion of a grant% Ang% on ?at% (ourses, 85, et se#% But this !resu !tion arises only when the use or occu!ation would otherwise have "een unlawful% : Freenl% *% 112. 6 Binn% *% 816. 6 (owen, *% 619, 699. (owen, *% 58=. 8 <% ) *% 856% <ee 1 < ith's Lead% (as% :29-816% :% +here are four general rules "y which it ay "e ascertained that !ossession is not adverse. these will "e se!arately considered% 8% A 1% ?hen "oth !arties clai under the sa e title. as, if a an seised of certain land in fee, have issue two sons and die seised, and one of the sons enter "y a"ate ent into the land, the statute, of li itations will not o!erate against the other son. for when the a"ator entered into the land of his father, "efore entry ade "y his "rother, the law intends that he entered clai ing as heir to his father, "y which title the other son also clai s% (o% Litt s% :=6% 5% A 1% ?hen the !ossession of the one !arty is consistent with the title of the other. as, where, the rents of a trust state were received "y a cestui #ue trust for ore than twenty years after the creation of the trust, without any interference, of the trustee, such !!ssession "eing consistent with and secured to the cestui #we trust "y the ter s of the deed, the recei!t was held not to "e adverse to the title of the trustee% 8 East% 188% 6% A :% ?hen, in conte !lation of law, the clai ant has never "een out of !ossession. as, where 7aul devised lands to @ohn and his heirs, and died, and @ohn died, and afterwards the heirs of @ohn and a stranger entered, and too' the !rofits for twenty years. u!on e,ect ent "rought "y the devisee of the heir of @ohn against the stranger, it was held that the !erce!tion of the rents and !rofits "y the stranger was not adverse to the devisee's title. for when two en are in !ossession, the law ad,udges it to "e the !ossession of hi who has the right% Lord *ay % :1=% 9% A 8% ?hen the occu!ier has ac'nowledged the clai ant's titles. as, if a lease "e granted for a ter , and, after !aying the rent for the land during such ter , the tenant hold for twenty years without !aying rent, his !ossession will not "e adverse% <ee Bos% ) 7% 581. 8 B% ) (r% 919. 1 Bouv% 0nst% n% 11=:-=8, 1:51% ADVERTISEMENT% A 'notice' !u"lished either in hand"ills or in a news!a!er% 1% +he law in any instances re#uires !arties to advertise in order to give notice of acts which are to "e done. in these cases, the advertise ent is in general e#uivalent to notice% :% ?hen an advertise ent contains the ter s of sale, or descri!tion of the !ro!erty to "e sold, it will "ind the seller. and if there "e a aterial isre!resentation, it ay avoid the contract, or at least entitle the !urchaser to a co !ensation and reduction fro the

agreed, !rice% Ca!!'s *% :88. 1 (hit% 7r% 1=5% ADVICE, co % law% A letter containing infor ation of any circu stances un'nown to the !erson to who it is written. when goods are forwarded "y sea or land, the letter trans ited to infor the consignee of the fact, is ter ed advice of goods, or letter of advice% ?hen one erchant draws u!on another, he generally advises hi of the fact% +hese letters are intended to give notice of the facts they contain% ADVICE, !ractice% +he o!inion given "y counsel to their clients. this should never "e done "ut u!on ature deli"eration to the "est of the counsel's a"ility. and without regard to the consideration whether it will affect the client favora"ly or unfavora"ly% ADVISEMENT% (onsideration, deli"eration, consultation. as the court holds the case under advise ent% ADVOCATE, civil and ecclesiastical law% 1% An officer who aintains or de fends the rights of his client in the sa e anner as the counsellor does in the co on law% 1% Lord Advocate% An, officer of state in <cotland, a!!ointed "y the 'ing, to advise a"out the a'ing and e-ecuting the law, to !rosecute ca!ital cri es, )c% :% (ollege or faculty of advocates% A college consisting of 182 !ersons, a!!ointed to !lead in% all actions "efore the lords of sessions% 8% (hurch or ecclesiastical advocates% 7leaders a!!ointed "y the church to rights% aintain its

5% A 1% A !atron who has the advowson or !resentation to a church% +ech% Dict%. Ayl% 7er% 5:. Dane A"% c%,:1, 12% <ee (ounsellor at law. 6onorariu % ADVOCATIA, civil law% +his so eti es signifies the #uality, or functions, and at other ti es the !rivilege, or the territorial ,urisdiction of an advocate, <ee Du (ange, voce Advocatia, Advocatio% ADVOCATION, <cotch law% A writing drawn u! in the for of a !etition, called a "ill of advocation, "y which a !arty in an action a!!lies to the su!re e court to advocate its cause, and to call the action out of an inferior court to itself% Letters of advocation, are the decree or warrant of the su!re e court or court of sessions, discharging the inferior tri"unal fro all further !roceedings in the atter, and advocating the action to itself% +his !roceeding is si ilar to a certiorari $#% v%& issuing out of a su!erior court for the re oval of a cause fro an inferior% ADVOCATUS% A !leader, a narrator% Bract% 811 a, :91 "% ADVOWSON, ecclesiastical law% 5ro advow or advocare, a right of !resentation to a church or "enefice% 6e who !ossesses this right is called the !atron or advocate, $#% v%& when there is no !atron, or he neglects to e-ercise his right within si- onths, it is called a la!se, i% e% a title is given to the ordinary to collate to a church. when a !resentation is ade "y one who has no right it is called a usur!ation% 1% Advowsons are of different 'inds, as Advowson a!!endant, when it de!ends u!on a anor, )c% A Advowson in gross, when it "elongs to a !erson and not to a anor% A Advowson !resentative, where the !atron !resents to the "isho!% A Advowson donative, where the 'ing or !atron !uts the cler' into !ossession without !resentation% A Advowson of the oiety of the church, where there are two several !atrons and two incu "ents in

the sa e churc"% A A oiety of advowson, where two ust ,oin the !resentation, of one incu "ent% A Advowson of religious houses, that whic" is vested in the !erson who founded such a house% +echn% Dict%. 1 Bl% (o % 11. ;irehouse on Advowsons. (o % Dig% Advowson, Huare 0 !edit. Bac% A"% <i ony. Burn's Eccl% Law, h% t%. (ruise's Dig% 0nde-, h% t% AFFECTION, contracts% +he a'ing over, !awning, or ortgaging a thing to assur! the !ay ent of a su of oney, or the discharge of so e other duty or service% +echn% Diet% AFFEERERS, English law% +hose who u!on oath settle and leet% 6aw'% 1% 1, c% 111% oderate fines in courts

TO AFFERE, English law% <ignifies either Gto affere an a erce ent,G i% e% to itigate the rigor of a fine. or Gto affere an account,G that is, to confir it on oath in the e-che#uer% AFFIANCE, contracts% 5ro affidare or dare fide , to give a !ledge% A !lighting of troth "etween a an and wo an% Litt% s% :=% 7othier, +raite du ;ariage, n% 18, defines it to "e a an agree ent "y which a an and a wo an !ro ise each other that they will arry together% +his word is used "y so e authors as synony ous with arriage% (o% Litt% :8, a, note 1% <ee Dig% 1:, 1 (ode 5, 1, 8. E-trav% 8, 1% AFFIDARE% +o !light one's faith, or give fealty, i% e% fidelity "y Dict% h% t% a'ing oath, )c% (unn%

AFFIDATIO DOMINORUM, Eng% law% An oath ta'en "y a lord in !arlia ent% AFFIDAVIT, !ractice% An oath or affir ation reduced to writing, sworn or affir ed to "efore so e officer who has authority to ad inister it% 0t differs fro a de!osition in this, that in the latter the o!!osite !arty has had an o!!ortunity to cross-e-a ine the witness, whereas an affidavit is always ta'en e- !arte% Fresl% E#% Ev% 81:% 4ide 6arr% Dig% h% t% 1% Affidavit to hold to "ail, is in any cases re#uired "efore the defendant can "e arrested. such affidavit ust "e ade "y a !erson who is ac#uainted with the fact, and ust state, 1st, an inde"tedness fro the defendant to the !laintiff. 1dly, show a distinct cause of action. :dly, the whole ust "e clearly and certainly, e-!ressed% <ell% 7r% 128. 1 (hit% *% 165. <% (% 18 (o % Law, *% 5= note. 0d% ==% :% An affidavit of defence, is ade "y a defendant or a !erson 'nowing the facts, in which ust "e stated a !ositive ground of defence on the erits% 1 Ash % *% 8, 1=, n% 0t has "een decided that when a writ of su ons has "een served u!on three defendants, and only one a!!ears, a ,udg ent for want of an affidavit of defence ay "e rendered against au% 8 ?atts, *% :69% 4ide Bac% A"% h% t% AFFINITAS AFFINITATIS% +hat conne-ion "etween two !ersons which has neither consanguinity nor affinity. as, the conne-ion "etween the hushand's "rother and the wife's sister% +his conne-ion is for ed not "etween the !arties the selves, nor "etween one of s!ouses and the 'ins en of the other, "ut "etween the 'ins en of "oth% Ers'% 0nst% B, 1, tit% 6, s% 8% AFFINITY% A conne-ion for ed "y arriage, which !laces the hushand in the sa e degree of no inal !ro!in#uity to the relations of the wife, as that in which she herself stands towards the , and gives to the wife the sa e reci!rocal conne-ion with the

relations of the hushand% 0t is used in contradistinction to consanguinity% $#% v%& 0t is no real 'indred% 1% Affinity or alliance is very different fro 'indred% Cindred are relations% "y "lood. affinity is the tie which e-ists "etween one of the s!ouses with the 'indred of the other. thus, the relations, of y wife, her "rothers, her sisters, her uncles, are allied to e "y affinity, and y "rothers, sistors, )c%, are allied in the sa e way to y wife% But y "rother and the sister of y wife are not allied "y the ties of affinityB +his will a!!ear "y the following !aradig s ;y wife's father ---M M M M M -----------------M M M M M-- are all allied to e% Ego ----- ;y ?ife 2 ;y wife's sister ---M M M 2 ;y wife's niece ---M ;y wife's father, ---M ;y 5ather M M;y "rother M M Mand y wife's M M Msister are M---------------M M----------M Mnot allied M M M M Mto each other ;y "rother Ego ---- ;y wife, ;y wife's sister, M :% A !erson cannot, "y legal succession, receive an inheritance fro a relation "y affinity. neither does it e-tend to the nearest relations of hushand and wife, so as to create a utual relation "etween the % +he degrees of affinity are co !uted in the sa e way as those of consanguinity% <ee 7othier, +raite du ;ariage, !art :, ch% :, art% 1, and see 5 ;% *% 1=6. 0nst% 1, 12, 6. Dig% :8, 12, 8, :. 1 7hilli % *% 112. <% (% 1 Eng% Eccl% *% 91. article ;arriage% TO AFFIRM, !ractice% 1% +o ratify or confir a for er law or ,udg ent, as when the su!re e court affir s the ,udg ent of the court of co on !leas% 1% +o a'e an affir ation, or to testify under an affir ation% AFFIRMANCE% +he confir ation of a voida"le act. as, for e-a !le, when an infant enters into a contract, which is not "inding u!on hi , if, after attaining his full age, he gives his affir ance to it, he will thereafter "e "ound, as if it had "een ade when of full age% 12 /% 6% *e!% 1=8% 1% +o "e "inding u!on the infant, the affir ance ust "e ade after arriving of age, with a full 'nowledge that it would "e void without such confir ation% 11 <% ) *% :25% :% An affir ance ay "e e-!ress, that is, where the !arty declares his deter ination of fulfilling the contract. "ut a ore ac'nowledg ent is not sufficient% Dudl% *, 12:% Dr it ay "e i !lied, as, for e-a !le, where an infant ortgaged his land and, at full age, conveyed it, su",ect to the ortgage% 15 ;ass% 112% <ee 12 /% 6% *e!% 561% AFFIRMANCE6DAY% 5ENERAL% 0n the English (ourt of E-che#uer, is a day a!!ointed "y the ,udges of the co on !leas, and "arons of the e-che#uer, to "e held a few days after the "eginning of every ter for the general affir ance or reversal of ,udg ents% 1 +idd% 12=1% AFFIRMANT, !ractice% Dne who a'es affir ation instead of a'ing oath that the evidence which he is a"out to give shall "e the truth, as if he had "een sworn% 6e is lia"le to all the !ains and !enalty of !er,ury, if he shall "e guilty of wilfully and aliciously violating his affir ation% AFFIRMATION, !ractice% A sole n declaration and asseveration, which a witness a'es "efore an officer, co !etent to ad inister an oath in a li'e case, to tell the truth, as if "e had "een sworn%

1% 0n the Enited <tates, generally, all witnesses who declare the selves conscientiously scru!ulous against ta'ing a cor!oral oath, are !er itted to a'e a sole n affir ation, and this in all cases, as well cri inal as civil% :% 0n England, laws have "een enacted which !artially relieve !ersons who, have conscientious scru!les against ta'ing an oath, and authori3e the to a'e affir ation% 0n 5rance, the laws which allow freedo of religious o!inion, have received the li"eral construction that all !ersons are to "e sworn or affir ed according to the dictates of their consciences. and a #ua'er's affir ation has "een received and held of the sa e effect as an oath% ;erl% Huest% de Droit, ot <er ent, 1% 8% +he for is to this effectB G>ou, A B, do sole nly, sincerely, and truly declare and affir ,G )c% 5or the violation of the truth in such case, the witness is su",ect to the !unish ent of !er,ury G as if he had "een sworn% 5% Affir ation also eans confir ing. as, an affir ative statute% ust "e !roved% Bull% /% AFFIRMATiVE% Averring a fact to "e true. that which is o!!osed to negative% $#% v%& 1% 0t is a general rule of evidence that the affir ative of the issue 7% 1=8 . 7ea'e, Ev% 1%

:% But when the law re#uires a !erson to do an act, and the neglect of it, will render hi guilty and !unisha"le, the negative ust "e !roved, "ecause every an is !resu ed to do his duty and in that case they who affir he did not, ust !rove it% B% /% 7% 1=8. 1 *oll% *% 8:. (o "% 59. : B%) 7% :29. 1 ;ass% *% 56% AFFIRMATIVE PRE5NANT, 7leading% An affir ative allegation, i !lying so e negative, in favor of the adverse !arty, for e-a !le, if to an action of assu !sit, which is "arred "y the act of li itations of si- years, the defendant !leads that "e did not underta'e )c% within ten years. a re!lication that he did underta'e, )c% within ten years, would "e an affir ative !regnant. since it would i !liedly ad it that the defendant had not !ro ised within si- years% As no !ro!er issue could "e tendered u!on such !lea the !laintiff should, for that reason, de ur to it% Fould, 70% c% 6 1=, :9. <te!h% 70% :81. Lawes, (iv% 70% 11:. Bac% A"% 7leas, / 6% AFFORCE% AFFORCEMENT OF THE ASSI3E, Dld English law, !ractice% An ancient !ractice in trials "y ,ury, which is e-!lained "y Bracton, $fo% 185, "% 1=1 a& and "y the author of 5leta, li"% 8, ca!% =, 1% 0t consisted in adding other ,urors to the !anel of ,urors, after the cause had "een co itted to the , in case they could not agree in a verdict% +he author of 5leta $u"i su!& thus descri"es it% +he oath having "een ad inistered to the ,ury, the $!renotarius& !rothonotary, addressed the thusB G>ou will say u!on the oath you have ta'en, whether such a one un,ustly and without ,udg ent dissei3ed such a one of his freehold in such a ville within three years or not%G +he ,ustices also re!eat for the instruction of, the ,urors the !laint of the !laintiff, )c% +he ,urors then retire and confer together, )c%.0f the ,urors differ a ong the selves and cannot agree in one $sententia & finding, it will "e in the discretion of the ,udges, )c. to afforce the assi3e "y others, !rovided there re ain of the ,urors su oned any as the a,or !arty of the dissenting ,urors. or they ay co !el the sa e ,urors to unani ity, vi3% "y directing the sheriff to 'ee! the safely without, eat or drin' until they agree% +he o",ect of adding to the !anel a nu "er e#ual to the a,or !arty of the dissenting ,urors, was to ensure a verdict "y twelve of the , if the ,urors thus added to the !anel should

concur with the inor !arty of the dissenting ,urors% +his !ractice of afforcing the assi3e, was in reality a second trial of the cause, and was a"andoned, "ecause the courts found it would save delay and trou"le "y insisting u!on unani ity% +he !ractice of confining ,urors without eat and drin' in order to enforce unani ity, has in ore odern ti es also "een a"andoned and the ore rational !ractice ado!ted of discharging the ,ury and su oning a new one for the trial of the cause, in cases where they cannot agree% +his e-!edient for enforcing unani ity was !ro"a"ly introduced fro the canon law, as we find it was resorted to on the continent, in other cases where the unani ity of a consultative or deli"erative "ody was dee ed indis!ensa"le% <ee Barring% on <tats% 1=, 12. 1, 5ournel, 6ist% des Avocats, 18, note% TO AFFRANCHISE% +o a'e free% ore !ersons, in so e !u"lic !lace, to AFFRAY, cri inal law% +he fighting of two or the terror of the !eo!le%

1% +o constitute this offence there ust "e, 1st, a fighting. 1d, the fighting ust "e "etween two or ore !ersons. :d, it ust "e in so e !u"lic !lace . 8th, it ust "e to the terror of the !eo!le% :% 0t differs fro a riot, it not "eing !re editated. for if any !ersons eet together u!on any lawful or innocent occasion, and ha!!en on a sudden to engage in fighting, they are not guilty of a riot "ut an affray only. and in that case none are guilty e-ce!t those actually engaged in it% 6aw'% "% 1, c% 65, s% : . 8 Bl% (o % 186. 1 *ussell, 191% AFFREI5HTMEET, (o % law% +he contract "y which a vessel or the use of it, is let out to hire% <ee 5reight. Feneral shi!% AFORESAID% Before entioned. already s!o'en of% +his is used for the !ur!ose of identifying a !erson or thing. as where 7eter, of the city of 7hiladel!hia, has "een entioned. when it is necessary to s!ea' of hi , it is only re#uisite to say 7eter aforesaid, and if the city of 7hiladel!hia, it ay "e done as the city of 7hiladel!hia, aforesaid% AFORETHOU5HT, cri % law% 7re editated, !re!ense. the length of ti e during which the accused has entertained the thought of co itting the offence is not very aterial, !rovided he has in fact entertained such thought. he is there"y rendered cri inal in a greater degree than if he had co itted the offence without% !re editation% 4ide ;alice. aforethought. 7re editation 1 (hit% (r% 985. 8 Bl% (o % 1==. 5ost% 1:1, 1=1, 1=1. (ro% (ar% 1:1. 7al % 585. ?% @ones, 1=8. 8 Dall% *% 186. 1 7% A% Bro% A!!% -viii%. Addis% *% 188. 1 Ash % *% 18=% AFTERMATH% A right to have the last cro! of grass or !asturage% 1 (hit% 7r% 181% A5AINST THE FORM OF THE STATUTE% ?hen a statute !rohi"its a thing to "e done, and an action is "rought for the "reach of the statute, the declaration or indict ent ust conclude against the for of the statute% <ee (ontra for a statuti% A5AINST THE WILL, !leadings% 0n indict ents for ro""ery fro the !erson, the words Gfeloniously and against the will,G ust "e introduced. no other words or !hrase will sufficiently charge the offence% 1 (hit% (r% 188% A5ARD% An old word which signifies award% 0t is used in !leading, as nul agard, no award.

A5E% +he ti e when the law allows !ersons to do acts which, for want of years, they were !rohi"ited fro doing "efore% <ee (oo!% @ustin% 886% 1% 5or ales, "efore they arrive at fourteen years they are said not to "e of discretion. at that age they ay consent to arriage and choose a guardian% +wenty-one years is full age for all !rivate !ur!oses, and the ay then e-ercise their rights as citi3ens "y voting for !u"lic officers. and are eligi"le to all offices, unless otherwise !rovided for in the constitution% At 15, a an ay "e elected a re!resentative in (ongress. at :2, a senator. and at :5, he ay "e chosen !resident of the Enited <tates% 6e is lia"le to serve in the ilitia fro 18 to 85% inclusive, unless e-e !ted for so e !articular reason% :% As to fe ales, at 11, they arrive at years of discretion and ay consent to arriage. at 18, they ay choose a guardian. and 11, as in ales, is fun Age, when they ay e-ercise all the rights which "elong to their se-% 8% 0n England no one can "e chosen e "er of !arlia ent till he has attained 11 years. nor "e ordained a !riest under the age of 18. nor ade a "isho! till he has co !leted his :2th year% +he age of serving in the ilitia is fro 16 to 85 years% 5% By the laws of 5rance any !rovisions are ade in res!ect to age, a ong w"ich are the following% +o "e a e "er of the legislative "ody, the !erson ust have attained 82 years. 15, to "e a ,udge of a tri"unal de re iere instance. 19, to "e its !resident, or to "e ,udge or cler' of a cour royale . :2, to "e its !resident or !rocureur general. 15, to "e a ,ustice of the !eace. :2, to "e ,udge of a tri"unal of co erce, and :5, to "e its !resident. 15, to "e a notary !u"lic. 11, to "e a testa entary witness. :2, to "e a ,uror% At 16, a inor ay devise one half of his, !ro!erty as if he were a a,or% A ale cannot contract arriage till after the 18th year, nor a fe ale "efore full 15 years% At 11, "oth ales and fe ales are ca!a"le to !erfor all the act's of civil life%% A +oull% Dr% (iv% 5r% Liv% 1, 0ntr% n% 188% 6% 0n the civil law, the age of a an was divided as followsB na ely, the infancy of ales e-tended to the full acco !lish ent of the 18th year. at 18, he entered the age of !u"erty, and was said to have ac#uired full !u"erty at 18 years acco !lished, and was a,or on co !leting his 15th year% A fe ale was an infant A til 9 years. at 11, she entered !u"erty, and acc#uired full !u"erty at 18. she "eca e of fall age on co !leting her 15th year% Lecons Ele % du Dr% (iv% *o % 11%<ee (o % Dig% Baron and 5e e, B 5, Dower, A, :, Enfant, ( =, 12, 11, D :, 7leader, 1 F :, 1 ? 11, 1 > 8. Bac% A"% 0nfancy and Age. 1 4in% A"% 1:1. (onstitution of the Enited <tates. Do at% Lois (iv%to e 1, !% 12. ;erlin, *e!ert% de @uris!% ot Age. Ayl% 7and% 61. 1 (o'e 0nst% 98. 1 Bl% (o % 86:% <ee ?itness% A5E6PRAYER% A5E6PRIER, oetatis !recatio% English law, !ractise% ?nen an action is "rought against an infant for lands which he hath "y descent, he ay show this to the court, and !ray #uod lo#uela re aneat until he shall "eco e of age. which is called his age-!rayer% E!on this "eing ascertained, the !roceedings are stayed accordingly% ?hen the lands did not descend, he is not allowed this !rivilege% 1 Lilly's *eg% 58% A5ED WITNESS% ?hen a de!osition is wanted to "e ta'en on account of the age of a witness, he ust "e at least seventy years old to "e considered an aged witness% (oo!% E#% 70% 59. A "% *% 65. 1: 4es% 56, 161% A5ENCY, contracts% An agree ent, e-!ress , or i !lied, "y which one of the !arties, called the !rinci!al, confides to the other, deno inated the agent, the anage ent of

so e "usiness. to "e transacted in his na e, or on his account, and "y which the agent assu es to do the "usiness and to render an account of it% As a general rule, whatever a an do "y hi self, e-ce!t in virtue of a delegated authority, he ay do "y an agent% (o "ee's (ase, = (o% 95% 6ence the a-i #ui facit !er aliu facit !er se% 1% ?hen the agency e-!ress, it is created either "y deed, or in writing not "y deed, or ver"ally without writing% : (hit% (o % Law 128. = 4es% 152. 11 ;ass% *e!% 19. 0"% =9, 188. 1 Binn% *% 852% ?hen the agency is not e-!ress, it ay "e inferred fro the relation of the !arties and the nature of the e !loy ent, without any !roof of any e-!ress a!!oint ent% 1 ?ash% *% 1=. 16 East, *% 822. 5 Day's *% 556% :% +he agency ust "e antecedently given, or su"se#uently ado!ted. and in the latter case there ust "e an act of recognition, or an ac#uiescence in the act of the agent, fro which a recognition ay "e fairly i !lied% = (ranch, 15:, 161. 16 ?end% 1=:, 116. 6 ;an% ) Fr% 1:6, 181. 1 6are ) ?all% <el% Dec% 812. 1 Cent, (o % 898. 7aley on Agency. Liver ore on Agency% 8% An agency ay "e dissolved in two ways A 1, "y the act of the !rinci!al or the agent. 1, "y o!eration of law% 5% A 1% +he agency ay "e dissolved "y the aet of one of the !arties% 1st% As a general rule, it ay "e laid down that the !rinci!al has a right to revo'e the !owers which he has given. "ut this is su",ect to so e e-ce!tion, of which the following are e-a !les% ?hen the !rinci!al has e-!ressly sti!ulated that the authority shall "e irrevoca"le, and the agent has an interest in its e-ecution. it is to "e o"served, however, that although there ay "e an e-!ress agree ent not to revo'e, yet if the agent has no interest in its e-ecution, and there is no consideration for the agree ent, it will "e considered a nude !act, and the authority ay "e revo'ed% But when an authority or !ower is cou!led with an interest, or when it is given for a valua"le consideration, or when it is a !art of a security, then, unless there is an e-!ress sti!ulation that it shall "e revoca"le, it cannot "e revo'ed, whether it "e e-!ressed on the face of the instru ent giving the authority, that it "e so, or not% <tory on Ag% 899. < ith on ;erc% L% 91. 1 Liv% on Ag% :28. 7aley on Ag% "y Lloyd, 188. : (hit% (o % f% 11:. 1 ;ason's *% 188. 0d% :81. 8 ?heat% *% 192. 1 7et% *% 1. 1 Cent, (o % 68:, :d edit%. <tory on Bail % 12=. 1 Es!% *% 665. : Barnw% ) (ressw% 881. 12 Barnw% ) (ressw% 9:1. 1 <tory, E#% @ur% 1281, 1281, 128: 6% A 1% +he ageacy ay "e deter ined "y the renunciation of the agent% 0f the renunciation "e ade after it has "een !artly e-ecuted, the agent "y renouncing it, "eco es lia"le for the da ages which ay there"y "e sustained "y his !rinci!al% <tory on Ag% 898. <tory on Bail % 8:6. @ones on Bail % 121. 8 @ohn r% 88% 9% A 1 +he agency is revo'ed "y o!eration of law in the following casesB 1st% ?hen the agency ter inates "y the e-!iration of the !eriod, during which it was to e-ist, and to have effect. as, if an agency "e created to endure a year, or till the ha!!ening of a contingency, it "eco es e-tinct at the end or on the ha!!ening of the contingency% 8% A 1% ?hen a change of condition, or of state, !roduces an inca!acity in either !arty. as, if the !rinci!al, "eing a wo an, arry, this would "e a revocation, "ecause the !ower of creating an agent is founded on the right of the !rinci!al to do the "usiness hi self, and a arried wo an has no such !ower% 5or the sa e reason, when the !rinci!al "eco es insane, the agency is i!so facto revo'ed% 8 ?heat% *% 198, 121 to N28. <tory on Ag% 881.

<tory on Bail % 126% 1 Liv% on Ag% :29% +he inca!acity of the agent also a ounts to a revocation in law, as in case of insanity, and the li'e, which renders an agent altogether inco !etent, "ut the rule does not reci!rocally a!!ly in its full e-tent% 5or instance, an infant or a arried wo an ay in so e cases "e agents, althouah they cannot act for the selves% (o% Litt% 51a% =% A :% +he death of either !rinci!al or agent revo'es the agency, unless in cases where the agent has an interest in the thing actually vested in the agent% 8 ?heat% *% 198. <tory on Ag% 886 to 8==. 1 Freenl% *% 18, 18. "ut see 8 ?% ) <% 181. 1 6are ) ?all% <el% Dec% 815% 12% A 8% +he agency is revo'ed in law, "y the e-tinction of the su",ect- atter of the agency, or of the !rinci!al's !ower over it, or "y the co !lete e-ecution of the trust% <tory on Bail % 129, 4ide generally, 1 6are ) ?all% <el% Dec% :88, 811. 7al% on Ag%. <tory on Ag%. Liv% on Ag%. 1 Bouv% 0nst% n% 116=-1:81% A5ENT, !ractice% An agent is an attorney who transacts the "usiness of another attorney% 1% +he agent owes to his !rinci!al the unre itted e-ertions of his s'il and a"ility, and that all his transactions in that character, shall "e distinguished "y !unctuality, honor and integrity% Lee's Dict% of 7ractice% A5ENT, international law% Dne who is e !loyed "y a !rince to anage his !rivate affairs, or, those of his su",ects in his na e, near a foreign, govern ent% ?olff, 0nst% /at% 11:9% A5ENT, contracts% Dne who underta'es to anage so e affair to "e transacted for another, "y his authority on account of the latter, who is called the !rinci!al, and to render an account of it% 1% +here are various descri!tiona of agents, to who different a!!ellations are given according to the nature of their e !loy ents. as "ro'ers, factors, su!ercargoes, attorneys, and the li'e. they are all included in this general ter % +he authority is created either "y deed, "y si !le writing, "y !arol, or "y ere e !loy ent, according to the ca!acity of the !arties, or the nature of the act to "e done% 0t is, therefore, e-!ress or i !lied% 4ide Authority% :% 0t is said to "e general or s!ecial with reference to its o",ect, i%e%, according as it is confined to a single act or is e-tended to all acts connected with a !articular e !low ent% 8% ?ith reference to the anner of its e-ecution, it is either li ited or unli ited, i% e% the agent is "ound "y !recise instructions, $#% v%& or left to !ursue his own discretion% 0t is the duty of an agent, 1, +o !erfor what he has underta'en in relation to his agency% 1, +o use all necessary care% :, +o render an account% 7othier, +r% du (ontrat de ;andat, !assi . 7aley, Agency, 1 and 1. 1 Livr % Agency, 1. 1 <u!!l% to 4es% @r% 69, =9, 82=. 1 0d% 15:, 165, 182. Bac% A"r% ;aster and <ervant, 1. 1 4es% @r% *% :19% 4ide < ith on ;erc% Law, ch% :, !% 8:,% et se#% and the articles Agency, Authority, and 7rinci!al% 5% Agents are either ,oint or several% 0t is a general rule of ther co on law, that when an authority is given to two or ore !ersons to do an act, and there is no several authority given, all the ageuts ust concur in doing it, in order to "ind the !rinci!al% : 7ic'% *% 1:1. 1 7ic'% *% :86. 11 ;ass% *% 185. (o% Litt% 8= ", 111 ", 11:, and 6arg% n% 1. 0d% 181 "% 6

7ic'% *% 1=8 6 @ohn% *% :=. 5 Barn% ) Ald% 618% 6% +his rule has "een so contrued that when the authority is given ,ointly and severally to three !erson, two cannot !ro!erly e-ecute it. it ust "e done "y all or "y one only% (o% Litt% 181 ". (o % Dig% Attorney, ( 11. "ut if the authority is so worded that it is a!!arent, the !rinci!al intended to give !ower to either of the , an e-ecution "y two will "e valid% (o% Litt% 8= ". Dy% *% 61. 5 Barn% ) Ald% 618% +his rule a!lies to !rivate agenciesB for, in !u"lic agencies an authority e-ecuted "y a a,or would "e sufficient% 1 (o% Litt% 181". (o % Dig% Attorney, ( 15. Bac% A"% Authority, (. 1 +% *% 5=1% 9% +he rule in co ercial transactions however, is very different. and generally when there are several agents each !ossesses the whole !ower% 5or e-a !le, on a consign ent of goods for sale to two factors, $whether they are !artners or not,& each of the is understood to !ossess the whole !ower over the goods for the !ur!oses of the consig ent% : ?ils% *% =8, 118. <tory on Ag% 8:% 8% As to the !ersons who are ca!a"le of "eco ing agents, it ay "e o"served, that "ut few !ersons are e-cluded fro acting as agents, or fro e-ercising authority delegated to the "y others% 0t is not, therefore, re#uisite that a !erson "e sui ,uris, or ca!a"le of acting in his own right, in order to "e #ualified to act for others% 0nfants, fe es covert, !ersons attainted or outlawed, aliens and other !ersons inco !etent for any !ur!oses, ay act as agents for others% (o% Litt% 61. Bac% A"% Authority, B. (o % Dig% Attorney, ( 8. 0d% Baron and 5e e, 7 :. 1 6ill, <% (ar% *% 191. 8 ?end% 865. : ;iss% *% 865. 12 @ohn% *% 118. : ?atts, :=. 1 <% ) *% 1=9. 1 7et% *% 192% =% But in the case of a arried wo an, it is to "e o"served, that she cannot "e an agent for another when her hus"and e-!ressly dissents, !articularly when he ay "e rendered lia"le for her acts% 7ersons who have clearly no understanding, as idiots and lunatics cannot "e agents for others% <tory on Ag% 9% 12% +here is another class who, though !ossessing understanding, are inca!a"le of acting as agents for others. these are !ersons whose duties and characters are inco !ati"le with their o"ligations to the !rinci!al% 5or e-a !le, a !erson cannot act as agent in "uying for another, goods "elonging to hi self% 7aley on Ag% "y Lloyd, :: to :8. 1 4es% @r% :19% 11% An agent has rights which he can enforce, and is, lia"le to o"ligations which he !erfor % +hese will "e "riefly consideredB 1% +he rights to which agents are entitled, arise fro !rinci!als, or "y third !ersons% o"ligations due to the "y their ust

11 A 1% +heir rights against their !rinci!als are, 1%, to receive a ,ust co !ensation for their services, when faithfully !erfor ed, in e-ecution of a lawful agency, unless such services, are entirely gratuitous, or the agree ent "etween the !arties re!els such a clai . this co !ensation, usually called a co ission, is regulated either "y !articulaar agree ent, or "y the usage of trade, or the !resu ed intention of the !arties% 8 Bing% 65. 1 (aines, :8=. 1 (aines, :59% 1% +o "e rei "ursed all their ,ust advances, e-!enses and dis"urse nts ade in the course of their agency, on account of, or for the "enefit of their !rinci!al. 1 Liver % on Ag% 11-1:. <tory on Ag% ::5. <tory on Bail % 1=6. < ith on ;er% Law, 56. 6 East, :=1. and also to "e !aid interest u!on such advances, whenever fro the nature of the

"usiness, or the usage of trade, or the !articular agree ent of the !arties, it ay "e fairly !resu ed to have "een sti!ulated for, or due to the agent% 9 ?end% :15. : Binn% 1=5. : (aines, 116. : (a !% 869. 15 East, 11:% 1:% Besides the !ersonal re edies which an agent has to enfored his clai s against his !rinci!al for his co issions and, advance ents, he has a lien u!on the !ro!erty of the !rinci!al in his hand% <ee Lien, and <tory on Ag% :51 to :=2% 18% A 1% +he rights of agents against third !enons arise, either on contracts ade "etween such third !ersons and the , or in conse#uence of torts co itted "y the latter% 1% +he rights of agents against third !ersons on contracts, are, 1st, when the contract is in writing and ade e-!ressly with the agent, and i !orts to "e a contract !ersonally with hi , although he ay "e 'nown to act as an agent. as, for e-a !le, when a !ro issory note is given to the agent as such, for the "enefit of his !rinci!al, and the !ro ise is to !ay the oney to the agent, oe no ine% <tory on Ag% :=:, :=8. 8 ;ass% 12:. see 6 <%) *% 812. 1 Lev% 1:5. : (a !% :12. 5 B%) A% 19% 1d% ?hen the agent is the only 'nown or ostensi"le !inci!al, and therefore, is in conte !lation of law, the real contracting !arty% <tory on Ag% 116, 192, :==% As, if an agent sell goods of his !rinci!al in his own na e, as if he were the owner, he is entitled to sue the "uyer in his own na e. although his !rnci!al ay also sue% 11 ?end% 81:. 5 ;%) <% 8::% And on the other hand, if he so "uy, he ay enforce the contract "y action% :d% ?hen, "y the usage of trade, the agent is authori3ed to act as owner, or as a !rinci!al contracting !arty, although his character as agent is 'nown, he ay enforce his contract "y action% 5or e-a !le, an auctioner, who sells the goods of another ay aintain an action for the !rice, "ecause he has a !ossession cou!led with an interest in the goods, and it is a general rule, that whenever an agent, though 'nown as such, has a s!ecial !ro!erty in the su",ect- atter of the contract, and not a "are-custody, or when he has ac#uired an interest, or has a lien u!on it, he ay sue u!on the contract% 1 Es!% *% 8=:. 1 6% Bl% 81, 88. 6 ?heat% 665. : (hit% (o %Law, 12. : B% ) A% 196% But this right to "ring an action "y agents is su"ordinate to the rights of the !rinci!al, who ay, unless in !articular cases, where the agent has a lien, or so e other vested right, "ring a suit hi self, and sus!end or e-tinguish the right of the agent% 9 +aunt% 1:9, 18:. 1 ?ash% (% (% *% 18:% 1% Agents are entitled to actions against third !ersons for torts co itted against the in the course of their agency% 1st% +hey ay aintain actions, of tres!ass or trover against third !ersons for any torts or in,uries affecting their !ossession of the goods which they hold as agents% <tory on Ag% 818. 1: East, 1:5. = B% ) (ressw% 128. 1 6en% Bl% 81% 1d% ?hen an agent has "een induced "y the fraud of a third !erson to sell or "uy goods for his !rinci!al, and he has sustained loss, he ay aintain an action against such third !erson for such wrongful act, deceit, or fraud% <tory on Ag% 815% 15 A 1% Agents are lia"le for their acts, 1, to their !rinci!als. and 1, to third !erson% 16% A 1% +he lia"ilities of agents to their !rinci!als arise fro a violation of their duties and o"ligations to the !rinci!al, "y e-ceeding their authority, "y isconduct, or "y any negligence or o ission, or act "y which the !rinci!al sustains a loss% : B% ) Adol% 815. 11 7ic'% :18% Agents ay "eco e lia"le for da ages and loss under a s!ecial contract, contrary to the general usages of trade% +hey ay also "eco e res!onsi"le when charging a del credere co ission% <tory on Ag% 1:8% 19% A 1% Agents "eco e lia"le to third !ersons. 1st, on their contract. 1, when the agent, underta'es to do an act for another, and does not !ossess a sufficient authority fro the

!rinci!al, and that is un'nown to the other !arty, he will "e considered as having acted for hi self as a !rinci!al% : B% = Adol% 118% 1% ?hen the agent does not disclose his agency, he will "e considered as a !rinci!al. 1 E!% *% 669. 15 East, 61. 11 4es% :51. 16 ;artin's *% 5:2. and, in the case of agents or factors, acting for erchants in a foreign country, they will "e considered lia"le whether they disclose their !rinci!al or not, this "eing the usage of the trade. 7aley on Ag% "y Lloyd, 188, :9:. 1 B%) 7% :68. "ut this !resu !tion ay "e re"utted "y !roof of a contrary agree ent% :% +he agent will "e lia"le when he e-!ressly, or "y i !lication, incurs a !ersonal res!onsi"ility% <tory on Ag% 156-15=% 8% ?hen the agent a'es a contract as such, and there is no other res!onsi"le as !rinci!al, to who resort can "e had. as, if a an sign a note as Gguardian of AB,G an infant. in that case neither the infant nor his !ro!erty will "e lia"le, and the agent alone will "e res!onsi"le% 5 ;ass% 1==. 6 ;ass%, 58% 1d% Agents "eco e lia"le to third !ersons in regard to torts or wrongs done "y the in the course of their agency% A distinction has "een ade, in relation to third !ersons, "etween acts of isfeasance and non-feasanceB an agent is, lia"le for the for er, under certain circu stances, "ut not for the latter. he "eing res!onsi"le for his non-feasance only to his !rinci!al% <tory on Ag% :2=, :12% An agent is lia"le for isfeasance as to third !ersons, when, intentionally or ignorantly, he co its a wrong, although authori3ed "y his !rinci!al, "ecause no one can lawfully authori3e another to co it a wrong u!on the rights or !ro!erty of another% 1 ?ils% *% :18. 1 B% ) 7% 812% :d% An agent is lia"le to refund oney, when !ay ent to hi is void a" initio, so that, the oney was never received for the use of his !rinci!al, and he is conse#uently not accounta"le to the latter for it, if he has not actually !aid it over at the ti e he receives notice of the ta'e% 1 (ow!% 565. 12 ;od% 1::. ;%) <% :88% But unless Gcaught with the oney in his !ossession,G the agent is not res!onsi"le% 1 ;oore, 5. 8 +aunt% 1:6. = Bing% 898. 9 B%) (% 111. 1 (ow!% 6=. 8 +aunt% 1=8% +his last rule is, however, su",ect to this #ualification, that the oney shall have "een lawfully received "y the agent. for if, in receiving it, the agent was a wrongdoer, he will not "e e-e !ted fro lia"ility "y !ay ent to his !rinci!al% 1 (a !"% :=6. 8 Bing% 818. 1 +% *% 61. 1 (a !"% 111. 1 <elw% /% 7% =2, n%. 11 ;% ) ?% 688. 6 A%) Ell% /% <% 182. 1 +aunt% :5=. : Es!% 15:% <ee Di!lo atic agent% A5ENT AND PATIENT% +his !hrase is used to indicate the state of a !erson who is re#uired to do a thing, and is at the sa e ti e the !erson to w"o it is done. as, when a an is inde"ted to another, and he a!!oints hi his e-ecutor, the latter is re#uired to !ay the de"t in his ca!acity of e-ecutor, and entitled to receive it in his own right, he is then agent and !atient% +er es de la ley% A55RAVATION, cri es, torts% +hat which increases the enor ity of a cri e or the in,ury of a wrong% +he o!!osite of e-tenuation% 1% A ?hen a cri e or tres!ass has "een co itted under aggravating circu stances, it is !unished with ore severity. and, the da ages given to vindicate the wrong are greater% A55RAVATION, in !leading% +he introduction of atter into the declaration which tends to increase the a ount of da ages, "ut does not affect the right of action itself% <te!h% 7l% 159. 11 ;od% 5=9% <ee : An% @ur% 189, :1:% An e-a !le of this is found in the case where a !laintiff declares in tres!ass for entering his house, and "rea'ing his close, and tossing his goods a"out. the entry of the house is the !rinci!al ground and foundation of the action, and the rest is only stated "y way of agravation. : ?ils% *% 1=8. and this

atter need not "e !roved "y the !lintiff or answered "y the defendant% A55RE5ATE% A collection of !articular !ersons or ite s, for ed into one "ody. as a cor!oration aggregate, which is one for ed of a nu "er of natural !ersons. the union of individual charges a'e an aggregate charge% A55RESSOR, cri % law% 6e who "egins, a #uarrel or dis!ute, either "y threatening or stri'ing another% /o an ay stri'e another "ecause he has threatened, or in conse#uence of the use of any words% A5IO, aggio% +his ter is used to denote the difference of !rice "eteen the value of "an' notes and no inal oney, and the coin of the country% A Encyc% A5IST, in contrads% +he ta'ing of other rate% 1 0nst% 68:. 8 0nst% 1=:% en's cattle on one's own ground at a certain

A5ISTER% Dne who ta'es horses or other ani als to agist% 1% +he agister is not, li'e an inn'ee!er, "ound to ta'e all horses offered to hi , nor is he lia"le for any in,ury done to such ani als in his care, unless he has "een guilty of negligence, or fro his ignorance, negligence ay "e inferred% 6olt's *% 859% A5ISTMENT, contracts% +he ta'ing of another !erson's cattle into one's own ground to "e fed, for a consideration to "e !aid "y the owner% +he !erson who receives the cattle is called an agister% 1% An agister is "ound to ordinary diligence, and of course is res!onsi"le for loses "y ordinary negligence. "ut he does not insure the safety of the cattle agisted% @ones, Bail % =1. 0 Bell's (o % 858. 6olt's /% 7% *e!% 589. <tory, Bail% 88:. Bac% A"% +ythes, ( l% A5NATES% 0n the sense of the *o an law were those whose !ro!in#uity was connected "y ales only. in the relation of cognates, one or ore fe ales were inter!osed% 1% By the <cotch lanv, agnates are all those who ar related "y the father, even though fe ales intervene. cognates are those who are related "y the other% Ers'% L% <cot% B% 1, t% 9, s% 8% A5NATI, in descents% *elations on the father's sideB they are different fro the cognati, they "eing relations on the other's side, affines, who are allied "y arriage, and the !ro!in#ui, or relations in general% 1 Bl% (o % 1:5. +oull% Dr% (iv% 5r% to e 1, !% 1:=. 7oth% 7and% +o % 11, !% 19% (alvini Le-% A5NATION, in descents% +he relation "y "lood which e-ists "etween such ales as are descended fro the sa e father. in distinction fro cognation or consanguinity, which includes the descendants fro fe ales% +his ter is !rinci!ally used in the civil law% A5RARIAN LAW% A ong the *o ans, this na e was given to a law, which had for its o",ect, the division a ong the !eo!le of all the lands which had "een con#uered, and which "elonged to the do ain of the state% A5REEMENT, contract% +he consent of two or ore !ersons concurring, res!ecting the trans issiou of so e !ro!erty, right or "enefit, with a view of contracting an o"ligation% Bac% A"% h%t%. (o % Dig% h%t%. 4in% A"% h%t%. 7lowd% 19. 1 (o % (ontr% 1. 5 East's *% 16% 0t will "e !ro!er to consider, 1, the re#uisites of an agree ent. 1, the 'inds of agree ents. :, how they are annulled%

1% A 1% +o render an agree ent co !lete si- things ust concur. there ust "e, 1, a !erson a"le to contract. 1, a !erson a"le to "e contracted with. :, a thing to "e contracted for. 8, a lawful consideration, or #uid !ro #uo. 5, words to e-!ress the agree ent. 6, the assent of the contracting !arties% 7lowd% 161. (o% Litt% :5, "% :% A 1% As to their for , agree ents are of two 'inds. 1, "y !arol, or, in writing, as contradistinguished fro s!ecialties. 1, "y s!ecialty, or under seal% 0n relation to their !erfor ance, agree ents are e-ecuted or e-ecutory% An agree ent is said to "e e-ecuted when two or ore !ersons a'e over their res!ective rights in a thing to one another, and there"y change the !ro!erty therein, either !resently and at once, or at a future ti e, u!on so e event that shall give it full effect, without either !arty trusting to the other. as where things are "ought, !aid for and delivered% E-ecutory agree ents, in the ordinary acce!tation of the ter , are such contracts as rest on articles, e orandu s, !arol !ro ises, or underta'ings, and the li'e, to "e !erfor ed in future, or which are entered into !re!aratory to ore sole n and for al alienations of !rt!erty% 7owel on (ont% Agree ents are also conditional and unconditional% +hey are conditional when so e condition ust "e fulfilled "efore they can have full effect. they are unconditional when there is no condition attached. 8% A :% Agree ents are annulled or rendered of no effect, first, "y the acts of the !arties, as, "y !ay ent. release A accord and satisfction. rescission, which is e-!ress or i !lied. 1 ?atts ) <erg% 881. defeasance. "y novationB secondly, "y the acts of the law, as, confusion. erger. la!se of ti e. death, as when a an who has "ound hi self to teach an a!!rentice, dies. e-tinction of the thing which is the su",ect of the contract, as, when the agree ent is to deliver a certain horse and "efore the ti e of delivery he dies% <ee Discharge of a (ontract% 5% +he writing or instru ent containing an agree ent is also called an agree ent, and so eti es articles of agree ent%$#% 4%& 6% 0t is !ro!er, to re ar' that there is uch dfference "etween an agree ent and articles of agree ent which are only evidence of it% 5ro the o ent that the !arties have given their consent, the agree ent or contraet is for ed, and, whether it can "e !roved or not, it has not less the #uality to "ind "oth contracting !arties% A want of !roof does not a'e it null, "ecause that !roof ay "e su!!lied aliunde, and the o ent it is o"tained, the contract ay "e enforced% 9% Again, the agree ent ay "e ull, as when it was o"tained "y fraud, duress, and the li'e. and the articles of agree ent ay "e good, as far as the for is concerned% 4ide (ontract% Deed. Fuaranty. 7arties to (ontracts% A5RI% Ara"le land in the co on fields% (unn% Dict% h% t% A5RICULTURE% +he art of cultivating the earth in order to o"tain fro it the divers things it can !roduce. and !articularly what is useful to an, as grain, fruit's, cotton, fla-, and other things% Do at, Dr% 7u"% liv% tit% 18, s% 1, n% 1% AID AND COMFORT% +he constitution of the Enited <tates, art% 8, s% :, declares, that adhering to the ene ies of the Enited <tates, giving the aid and co fort, shall "e treason% +hese words, as they are to "e understood in the constitution, have not received a full ,udicial construction% +hey i !ort, however, hel!, su!!ort, assistance, countenance, encourage ent% +he word aid, which oocurs in the <tat% ?est% 1, c% 18, is e-!lained "y

Lord (o'e $1 ,ust% 181& as co !rehending all !ersons counselling, a"etting, !lotting, assenting, consenting, and encouraging to do the act, $and he adds, what is not a!!lica"le to the (ri e to treason,& who are not !resent when the act is done, <ee, also, 1 Burn's @ustice, 5, 6. 8 Bl% (o % :9, :8% AID PRAYER, English law% A !etition to the court calling in hel! fro another !erson who has an interest in the atter in dis!ute% 5or e-a !le, a tenant for life, "y the courtesy or for years, "eing i !leaded, ay !ray aid of hi in reversion. that is, desire the court that he ay "e called "y writ, to allege what he thin's !ro!er for the aintenance of the right of the !erson calling hi , and of his own% 5% /% B% 62. (owel% AIDERS, cri % law% +hose who assist, aid, or a"et the !rinci!al, and who are !rinci!als in the second degree% 1% *ussell, 11% AIDS, Engl% law% 5or erly they were certain su s of oney granted "y the tenant to his lord in ti es of difficulty and distress, "ut, as usual in such cases, what was received as a gratuity "y the rich and !owerful fro the wea' and !oor, was soon clai ed as a atter of right. and aids "eca e a s!ecies of ta- to "e !aid "y the tenant to his lord, in these casesB 1% +o ranso the lord's !erson, when ta'en !riisoner. 1% +o a'e the lord's eldest son a 'night. A :% +o arry the lord's eldest daughter, "y giving her a suita"le !ortion% +he first of these re ained uncertain. the other two were fi-ed "y act of !arlia ent at twenty shillings each "eing the su!!osed twentieth !art of a 'night's fee, 1 Bl% (o % 68% AILE o AYLE, do estic relations% +his is a corru!tion of the 5rench word aieul, grandfather, avus% :%Bl% (o % 186% AIR% +hat fluid trans!arent su"stance which surrounds our glo"e% 1% /o !ro!erty can "e had in the air it "elongs e#ually to all en, "eing indis!ensa"le to their e-istence% +o !oison or aterially to change the air, to the annoyance of the !u"lic, is a nuisance% (ro% (r% 612. 1 Ld% *ay 116:. 0 Burr% :::. 1 <tr% 686 6aw'% B% 1, c% 95, s% 12. Dane's A"% 0nde- h% t% But this ust "e understood with this #ualification, that no one has a right to use the air over another an's land, in such a anner as to "e in,urious to hi % <ee 8 (a !"% 11=. Bowy% ;od% (iv% Law, 61. 8 Bouv% 0nst% n% :6 1. Frot% Droit de la Fuerre et de la 7ai-, liv% 1, c% 1, :, note, : et 8% :% 0t is the right of the !ro!rietor of an estate to en,oy the light and air that will co e to hi , and, in general, no one has a right to de!rive hi of the . "ut so eti es in "uilding, a an o!ens windows over his neigh"or's ground, and the latter, desirous of "uilding on his own ground, necessarily sto!s the windows already "uilt, and de!rives the first "uilder of light and air. this he has the right to do, unless the windows are ancient lights, $#% v%& or the !ro!rietor has ac#uired a right "y grant or !rescri!tion to have such windows o!en% <ee (ra"" on *% 7% 888 to 89= and 7lan% 4ide /uisance% AJUTA5E% A conical tu"e, used in drawing water through an a!erture, "y the use of which the #uantity of water drawn is uch increased% ?hen a !rivilege to draw water fro a canal through the fore"ay or tunnel "y eans of in a!erture has "een granted, it is not lawful to add an ad,utage, unless such was the intention of the !arties% 1 ?hart% *% 899% ALABAMA% +he na e of one of the new states of the Enited <tates of A erica% +his state was ad itted into the Enion "y the resolution of congress, a!!roved Dece "er

18th, 181=, : <to% L% E% <% 1828, "y which it is resolved that the state of Ala"a a shall "e one, and is here"y declared to "e one of the Enited <tates of A erica, and ad itted into the Enion on an e#ual footing with the original states, in all res!ects whatever% +he convention which fra ed the constitution in this state, asse "led at the town of 6untsville on ;onday the fifth day of @uly, 181=, and continued in session "y ad,ourn ent, until the second day of August, 181=, when the constitution was ado!ted% 1% +he !owers of the govern ent are divided "y the constitution into three distinct, de!art ents. and each of the confided to a se!arate "ody of agistracy, to witB those which are legislative, to one. those which are e-ecutive, to another. and those which are ,udicial, to a third% Art% 1, :% A 1% +he legislative !ower of the state is vested in two distinct "ranches. the one styled the senate, the other the house of re!resentatives, and "oth together, the general asse "ly of the state of Ala"a a% 1% +he senate is never to "e less than one-fourth nor ore than one-third of the whole nu "er of re!resentatives% <enators are chosen "y the #ualified electors for the ter of three years, at the sa e ti e, in the sa e anner, and at the sa e !lace, where they vote for e "ers of the house of re!resentatives. one-third of the whole nu "er of senators are elected every year% Art% :, s% 11% 1% +he house of re!resentatives is to consist of not less than forty-four, nor ore than si-ty e "ers, until the nu "er of white inha"itant's shall "e one hundred thousand. and after that event, the whole nu "er of re!resentatives shall never "e less than si-ty, nor ore than one hundred% Art% :, B% =% +he e "ers of the house of re!resentatives are chosen "y the #ualified electors for the ter of one year, fro the co ence ent of the general election, and no longer% 8% A 1% +he su!re e e-ecutive !ower is vested in a chief agistrate, styled the governor of the state of Ala"a a% 6e is elected "y the #ualified electors, at the ti e and !laces when they res!ectively vote for re!resentatives. he holds his office for the ter of two years fro the ti e of his installation, and until a successor is duly #ualified. and is not eligi"le ore than four years in any ter of si- years% t% 8% 6e is invested, a ong other things, with the veto !ower% 0"% s% 16% 0n cases of vacancies, the !resident of the senate acts as governor% Art% 8, s% 18% 5% A :% +he ,udicial !ower is vested in one su!re e court, circuit courts to "e held in each county in the state, and such inferior courts of law and, e#uity, to consist of not ore than five e "ers, as the general asse "ly ay, fro ti e to ti e direct, ordain, and esta"lish% Art% 6, <% 1% ALBA FIRMA% Eng% law% ?hen #uit rents were reserved !aya"le in silver or white oney, they wero called white rents, or "lanch far s reditus al"i% ?hen they were reserved !aya"le in wor', grain, or the li'e, they were called reditus nigri or "lac' ail% 1 0nst% 1=% ALCADE, <!an% law% +he na e of a ,udicial officer in <!ain, and in those countries which have received the "ody of their laws fro those of <!ain% ALDERMAN% An officer, generally a!!ointed or elected in towns cor!orate, or cities, !ossessing various !owers in different !laces% 1% +he alder en of the cities of 7ennsylvania, !ossess all the !owers and ,urisdictions civil and cri inal of ,ustices of the !eace% +hey are "esides, in con,unction with the


ayors or recorders, ,udges of i"e

ayor's courts%

:% A ong the <a-ons there was an officer called the ealder an% ealdor an, or aldernwn, which a!!ellation signified literally elder an% Li'e the *o an senator, he was so called, not on account of his age, "ut "ecause of his wisdo and dignity, non !ro!ter oetate sed !ro!ter sa!ientis et dignitate % 6e !resided with the "is"o! at the scyrege ote, and was, e- officio, a e "er of the witenage ote% At one ti e he was a ilitary officer, "ut afterwards his office was !urely ,udical% 8% +here were several 'inds of alder en, as 'ing's alder en, alder en of all England, alder en of the county, alder en of the hundred, )c%, to denote difference of ran' and ,urisdiction% ALEA. civil law% +he chance of gain or loss in a contract% +his chance results either fro the uncertainty of the thing sold, as the effects of a succession. or fro the uncertainty of the !rice, as when a thing is sold for an annuity, which is to "e greater or less on the ha!!ening of a future event. or it so eti es arises in conse#uence of the uncertainty of "oth% 1 Duv% Dr% (iv% 5r% n% 98% ALEATORY CONTRACTS, civil law% A utual agree ent, of which the effects, with res!ect "oth to the advantages and losses, whether to all the !arties, or to so e of the , de!end on an uncertain event% (iv% (ode of Louis% art% 1=51% 1% A +hese contracts are of two 'inds. na ely, 1% ?hen one of the !arties e-!oses hi self to lose so ething which will "e a !rofit to the other, in consideration of a su of oney which the latter !ays for the ris'% <uch is the contract of insurance. the insurer ta'es all the ris' of the sea, and the assured !ays a !re iu to the for er for the ris' which he runs% :% A 1% 0n the second 'ind, each runs a ris' which is the consideration of the engage ent of the other. for e-a !le, when a !erson "uys an annuity, he runs the ris' of losing the consideration, in case of his death soon after, "ut he ay live so as to receive three ti es the a ount of the !rice he !aid for it% ;erlin, *e!% ot Aleatoire% ALER SANS JOUR, or aller sans ,our, in !ractice% A 5rench !hrase which eans go without day. and is used to signify that the case has "een finally dis issed the court, "ecause there is no further day assigned for a!!earance% Citch% 186% ALFET, o"solete% A vessel in which hot water was !ut, for the !ur!ose of di!!ing a cri inal's ar in it u! to the el"ow% ALIA ENORMIA, !leading% And other wrongs% 0n tres!ass, the declaration ought to conclude Gand other wrongs to the said !laintiff then and there did, against the !eace,G )c% 1% Ender this allegation of alia enor ia, so e atters ay "e given in evidence in aggravatiou of da ages, though not s!ecified in other !arts of the declaration% Bull% /% 7% 8=. 6olt, *% 6==, 922% 5or e-a !le, a tres!ass for "rea'ing and entering a house, the !laintiff ay, in aggravation of da ages, give in evidence the de"auching of his daughter, or the "eating of his servants, under the general allegation alia enor ia, )c%.6 ;od% 119% :% But under the alia no ia no evidence of the loss of service, or any other atter which

would of itself sustain an action. for if it would, it should "e stated s!ecially% 0n tres!ass #uare clausu fregit, therefore, the !laintiff would not, under the a"ove general allegation, "e !er itted to give evidence of the defendant's ta'ing away a horse, )c% Bull% /% 7% 8=. 6olt, *% 922. 1 <id% 115. 1 <al'% 68:. 1 <tr% 61. 1 (hit% 7l% :88. 1 Freenl% Ev% 198% ALIAS, !ractice% +his word is !refi-ed to the na e of a second writ of the sa e 'ind issued in the sa e cause. as, when a su ons has "een issued and it is returned "y the sheriff, nil, and another is issued, this is called an alias su ons% +he ter is used to all 'inds of writs, as alias fi% fa%, alias vend% e-!% and the li'e% Alias dictus, otherwise called. a descri!tion of the defendant "y an addition to his real na e of that "y w"ich he is "ound in the writing. or when a an is indicted and his na e is uncertain, he ay "e indicted as A B, alias dictus ( D% <ee 8 @ohn% 1118. 1 @ohn% (as% 18:. 1 (aines, *% :61. : (aines, *% 11=% ALIBI, in evidence% +his is a Latin word which signifies, elsewhere% 1% ?hen a !erson, charged with a cri e, !roves $se eade die fuisse ali"i,& that he was, at the ti e alleged, in a different !lace fro that in which it was co itted, he is said to !rove an ali"i, the effect of which is to lay a founation for the necessary inference, that he could not have co itted it% <ee Bract% fo% 182, li"% :, ca!% 12, De (orona% :% +his !roof is usually ade out "y the testi ony of witnesses, "ut it is !resu ed it ight "e ade out "y writings. as if the !arty could !rove "y a record !ro!erly authenticated, that on the day or at the ti e in #uestion, he was in another !lace% 8% 0t ust "e ad itted that ere ali"i evidence lies under a great and general !re,udice, and ought to "e heard with un-co on caution. "ut if it a!!ear, to "e founded in truth, it is the "est negative evidence that can "e offered. it is really !ositive evidence, which in the nature of things necessarily i !lies a negative. and in any cases it is the only evidence which an innocent an can offer% ALIEN, !ersons% Dne "orn out of the ,urisdiction of the Enited <tates, who has not since "een naturali3ed under their constitution and laws% +o this there are so e e-ce!tions, as this children of the inisters of the Enited <tates in foreign courts% <ee (iti3en, 0nha"itant% 1% Aliens are su",ect to disa"ilities, have rights, and are "ound to !erfor duties, which will "e "riefly considered% 1% Disa"ilities% An alien cannot in general ac#uire title to real estate "y the descent, or "y other ere o!eration of law. and if he !urchase land, he ay "e divested of the fee, u!on an in#uest of office found% +o this general rule there are statutory e-ce!tions in so e of the states. in 7ennsylvania, Dhio, Louisiana, /ew @ersey, *ev% Laws, 628, and ;ichigan, *ev% <t% 166, s% 16, the disa"ility has "een re oved. in /orth (arolina, $"ut see ;art% *% 88. : Dev% *% 1:8. 1 6ayw% 128, 128. : ;ur!h% 1=8. 8 Dev% 189. 4er ont and 4irginia, "y constitutional !rovision. and in Ala"a a, : <tew *% 62. (onnecticut, act of 1818, <tat% tit% 5oreigners, 151. 0ndiana, *ev% (ode, a% :, act of @anuary 15, 1881. 0llinois, Centuc'y, 1 Litt% :==. 6 ;ont% 166 ;aine, *ev% <t,% tit% 9, c% =:, s% 5 ;aryland, act of 1815, ch% 66. 1 ?heat% 15=. and ;issouri, *ev% (ode, 1815, !% 66, "y statutory !rovision it is !artly so% :% An alien, even after "eing naturali3ed, is ineligi"le to the office of !resident of the Enited <tates. and in so e states, as in /ew >or', to that of govenor. he cannot "e a

e "er of congress, till the e-!iration of seven years after his naturali3ation% An alien can e-ercise no !olitical rights whatever. he cannot therefore vote at any !olitical election, fill any office, or serve as a ,uror% 6 @ohn% *% ::1% 8% A 1% An alien has a right to ac#uire !ersonal estate, a'e and enforce contracts in relation to the sa e A he is !rotected fro in,uries, and wrongs, to his !erson and !ro!erty, his relative rights and character. he ay sue and "e sued% 5% A :% 6e owes a te !orary local allegiance, and his !ro!erty is lia"le to ta-ation% Aliens are either alien friends or alien ene ies% 0t is only alien friends who have the rights a"ove enu erated. alien ene ies are inca!a"le, during the e-istence of war to sue, and ay "e ordered out of the country% <ee generally, 1 Cent% (o % 8: to 6:. 1 4in% A"% 159. 1: 4in% a"% 818. Bac% A"% h%t%. 1 <aund% 8, n%1. ?heat% Dig% h%t%. Bouv% 0nst% 0nde-, h%t% ALIENA5E% +he condition or state of alien% ALIENATE, aliene, alien% +his is a generic ter a!!lica"le to the various ethods of transfering !ro!erty fro one !erson to another% Lord (o'e, says, $1 0nst% 118 ",& alien co eth of the ver" alienate, that is, alienu facere vel e- nostro do inio in alienu trawferre sive re ali#ua in do iniu alterius transferre% +hese ethods vary, according to the nature of the !ro!erty to "e conveyed and the !articular o",ects the conveyance is designed to acco !lish% 0t has "een held, that under a !rohi"ition to alienate, long leases are co !rehended% 1 Dow's *e!% 112% ALIENATION, estates% Alienation is an act where"y one an transfers the !ro!erty and !ossession of lands, tene ents, or other things, to another% 0t is co only a!!lied to lands or tene ents, as to alien $that is, to convey& land in fee, in ort ain% +er es de la ley% <ee (o% Litt% 118 ". (ruise Dig% tit% :1, c% 1, 1-8% 1% Alienations ay "e ade "y deed. "y atter of record. and "y devise% :% Alienations "y deed ay "e ade "y original or !ri ary conveyances, which are those "y eans of which the "enefit or estate is created or first arises. "y derivative or secondary conveyances, "y which the "enefit or esta te originally created, is enlarged, restrained, transferred, or e-tinguished% +hese are conveyances "y the co on law% +o these ay "e added so e conveyances which derive their force and o!eration fro the statute of uses% +he original conveyances are the followingB 1% 5eoff ent. 1% Fift. :% Frant. 8% Lease. 6% E-change. 6% 7artition% +he derivative are, 9% *elease. 8% (onfir ation. =% <urrender. 12% Assign ent. 11% Defeasance% +hose deriving their force fro the statute of uses, are, 11% (ovenants to stand seised to uses. 1:% Bargains and sales. 18% Lease and release. 15% Deeds to lend or declare the uses of other ore direct conveyances. 16% Deeds of revocation of uses% 1 Bl% (o % ch% 12% 4ide (onveyance. Deed% Alienations "y atter of record ay "e, 1% By !rivate acts of the legislature. 1% By grants, as "y !atents of lands. :% By fines. 8% By co on recovery% Alienations ay also "e ade "y devise $#%v%& ALIENATION, ed% ,ur% +he ter alienation or ental alienation is a generic e-!ression to e-!ress the different 'inds of a"errations of the hu an understandiug% Dict% des <cience ;ed% h% t%. 1 Bec''s ;ed% @ur% 5:5% ALIENATION OFFICE, Engligh law% An office to which all writs of covenants and entries are carried for the recovery of fines levied thereon% <ee Alienate%

TO ALIENE, contracts% <ee Alienate% ALIENEE% Dne to who an alienation is ade% ALIE2I JURIS% ?ords a!!lied to !ersons who are su",ect to the authority of another% An infant who is under the authority of his father or guardian, and a wife under the !ower of her hus"and, are said to "e alieni ,uris% 4ide sui ,uris% ALIENOR% 6e who a'es a grant or alienation% ALIMENTS% 0n the *o an and 5rench law this word signifies the food and other things necessary to the su!!ort of life, as clothing and the li'e% +he sa e na e is given to the oney allowed for ali ents% Dig% 52, 16, 8:% 1% By the co on law, !arents and children reci!rocally owe each other ali ents or aintenance% $#% v%& 4ide 1 Bl% (o % 889. ;erl% *e!% h% t%. Dig% 15, :, 5% 0n the co on law, the word ali ony $#%v%& is used% 4ide Allowance to a 7risoner% ALIMONY% +he aintenance or su!!ort which a hus"and is "ound to give to his wife u!on se!aration fro her. or the su!!ort which either father or other is "ound to give to his or her children, though this is ore usually called aintenance% 1% +he causes for granting ali ony to the wife are, 1, desertion, $#% v%& or cruelty of the hus"and. $#% v%& 8 Desaus% *% 9=,. 1 ;'(ord's (h% *% 125. 8 *and% *% 661. 1 @% @. ;arsh% *% :18%. 1 Edw% *% 61. and 1, divorce% 8 Litt% *% 151. 1 Edw% *% :81. 1 7aige, *% 61. 1 Binn% *% 121. : >eates, *% 52. <%) *% 188. = <%) *% 1=1. : @ohn% (h% *% 51=. 6 @ohn% (h% =1% :% 0n Louisiana "y ali ony is eant the nourish ent, lodging and su!!ort of the !erson who clai s it% 0t includes education when the !erson to who ali oiay is due is a inor% (ivil (ode of L% 186% 8% Ali ony is granted in !ro!orion to the wants of the !erson re#uiring it, and the circu stances of those who are to !ay it% By the co on law, !arents and children owe each other ali ony% 1 Bl% (o % 889. 1 (o % Dig% 8=8.% : 4es% :58. 8 4in% A"% 195. Ayl% 7arerg% 58. Dane's A"% 0nde-% h%t%. Dig% :8, 1% 6% 5% Ali ony is allowed to the wife, !endente lite, al ost as a atter of course whether she "e !laintiff or defendant, for the o"vious reason that she has generally no other eans of living% 1 (lar'e's *% 151% But there are s!ecial cases where it will not "e allowed, as when the wife, !ending the !rogress of the suit, went to her father's, who agreed with the hus"and to su!!ort her for services% 1 (lar'e's *% 862% <ee <helf% on ;ar% and Div% 586. 1 +oull% n% 611% ALITER, otherwise% +his ter is fre#uently used to !oint out a difference "etween two decisions. as, a !oint of law has "een decided in a !articular way, in such a case, aliter in another case% ALIUNDE% 5ro another !lace. evidence given aliunde, as, when a will contains an a "iguity, in so e cases, in order to ascertain the eaning of the testator, evidence aliunde will "e received% ALL FOURS% +his is a eta!horical e-!ression, to signify that a case agrees in all its circu stances with another case. it goes as it were u!on its four legs, as an ani al does%

ALLE5ATA% A word which the e !erors for erly signed at the "otto of their rescri!ts and constitutions. under other instru ets they usually wrote nata or testate% Ency% Lond% ALLE5ATA AND PROBATA% +he allegations ade "y a !arty to a suit, and the !roof adduced in their su!!ort% 0t is a general rule of evidence that the allegata and !ro"ata ust corres!ond. that is, the !roof ust at least "e sufficiently e-tensive to cover all the allegations of the !arty% Freenl% Ev% 51. : *% s% 6:6% ALLE5ATION, English ecclesiastical law% According to the !ractice of the !rerogative court, the facts intended to "e relied on in su!!ort of the contested suit are set forth in the !lea, which is ter ed an allegation. this is su" itted to the ins!ection of the counsel of the adverse !arty, and, if it a!!ear to the o",ectiona"le in for or su"stance, they o!!ose the ad ission of it% 0f the o!!osition goes to the su"stance of the allegation, and is held to "e well founded, the court re,ects it. "y which ode of !roceeding the suit is ter inated without, going into any !roof of the facts% 1 7hil% 1, n%. 1 Eccl% *e!% ll, n% <% (% <ee 1 Brown's (iv% Law, 891, :, n% ALLE5ATION, co he can !rove% on law% +he assertion, declaration or state ent of a !arty of what

ALLE5ATI)N, civil law% +he citation or reference to a voucher to su!!ort a !ro!osition% Dict% de ,uris!%. Encyclo!edie, ot Allegation. 1 Brown's (iv% Law, 89:, n% ALLE5ATION OF FACULTIES ?hen a suit is instituted in the English ecclesiastical courts, in order to o"tain ali ony, "efore it is allowed, an al0egation ust "e ade on the !art of the wife, stating the !ro!erty of the hus"and% +his allegation is called an allegation of faculties% <helf% on ;ar% and Div% 589% ALLE5IANCE% +he tie which "inds the citi3en to the govern ent, in return for the !rotection which the govern ent affords hi % 1% 0t is natural, ac#uired, or local% /atural allegiance is such as is due fro all en "orn within the Enited <tates. ac#uired allegiance is that which is due "y a naturali3ed citi3en% 0t has never "een decided whether a citi3en can, "y e-!atriation, divest hi self a"solutely of that character% 1 (ranch, 68. 1 7eters' (% (% *e!% 15=. 9 ?heat% *% 18:. = ;ass% *% 861% 0nfants cannot assu e allegiance, $8 Bin% 8=& although they enlist in the ar y of the Enited <tates% 5 Bin% 81=% :% 0t see s, however, that he cannot renounce his allegiance to the Enited <tates without the !er ission of the govern ent, to "e declared "y law% But for co ercial !ur!oses he ay ac#uire the rights of a citi3en of another country, and the !lace of his do icil deter ines the character of a !arty as to trade% 1 Cent, (o % 91. (o % *e!% 699. 1 Cent, (o % 81% 8% Local allegiance is that which is due fro an alien, while resident in the Enited <tates, for the !rotection which the govern ent affords hi % 1 Bl% (o % :66, :91. (o % Dig% h%t. Dane's A"% 0nde-, h% t%. 1 East, 7%(% 8= to 59% ALLIANCE, relationshi!% +he union or conne-ion of two !ersons or fa ilies "y arraiage, which is also called affinity% +his is derived fro the Latin !re!osition ad and ligare, to "ind% 4ide 0nst 1, 12, 6. Dig :8, 12, 8, :. and Affinity%

ALLIANCE, international law% A contract, treaty, or league "etween two sovereigns or states, ade to insure their safety and co on defence% 1% Alliances ade for warli'e !ur!oses are divided in general into defensive and offensive. in the for er the nation only engages to defend her ally in case he "e attac'ed. in the latter she unites with hi for the !ur!ose of a'ing an attac', or ,ointly waging the war against another nation% <o e alliances are "oth offensive and defensive. and there seldo is an offensive alliance which is not also defensive% 4attel, B% :, c% 6, 9=. 1 Dall% 15% ALLISION, ariti e law% +he running of one vessel against another% 0t is distiguished fro collision in this, that the latter eans the running of two vessels against each other. this latter ter is fre#uently used for allision% ALLOCATION, Eng% law% An allowance u!on account in the E-che#uer. or rather, !lacing or adding to a thing% Eucy% Lond% ALLOCATIONE FACIENDA% Eng% law% A writ co anding that an allowance "e ade to an accountant, for such oneys as he has lawfully e-!ended in his office% 0t is directed to the lord treasurer and "arons of the e-che#uer% ALLOCATUR, !ractice% +he allowance of a writ. e% g% when a writ of ha"eas cor!us is !rayed for, the ,udge directs it to "e done, "y writing the word allowed and signing his na e. this is called the allocator% 0n the English courts this word is used to indicate the aster or !rothonotary's allowance of a su referred for his consideration, whether touching costs, da ages, or atter of account% Lee's Dict% h, t% ALLODIUM estates% <ignifies an a"solute estate of inheritance, in coutradistinction to a feud% 1% 0n this country the title to land is essentially allodial, and every tenant in fee si !le has an a"solute and !erfect title, yet in technical language his estate is called an estate in fee si !le, and the tenure free and co on socage% : Cent, (o % :=2. (ruise, 7rel% Dis% c% 1, 1:. 1 Bl% (o % 85% 5or the ety ology of this word, vide : Cent (o % :=8 note. 1 Bouv% 0nst% n% 16=1% ALLON5E, 5rench law% ?hen a "ill of e-change, or other !a!er, is too s all to receive the endorse ents which are to "e ade on it, another !iece of !a!er is added to it, and "ears the na e of allonge% 7ard% n% :8:. <tory on 7% /% 111, 151. <tory on Bills, 128% <ee *ider% ALLOTMENT% Distri"ution "y lot. !artition% ;erl% *e!% h% t% TO ALLOW, !ractice% +o a!!rove. to grant. as to allow a writ of error, is to a!!rove of it, to grant it% 4ide Allocatur% +o allow an a ount is to ad it or a!!rove of it% ALLOWANCE TO A PRISONER% By the laws of, it is "elieved, all the states, when a !oor de"tor is in arrest in a civil suit, the !laintiff is co !elled to !ay an allowance regulated "y law, for his aintenance and su!!ort, and in default of such !ay ent at the ti e re#uired, the !risoner is discharged% /otice ust "e given to the !laintiff "efore the defendant can "e discharged% ALLOY% o ALLAY% An inferior etal, used with gold% and silver in a'ing coin or !u"lic oney% Driginally, it was one of the allowances 'nown "y the na e of re edy for

errors, in the weight and !urity of coins% +he !ractice of a'ing such allowances continued in all Euro!ean ints after the reasns, u!on which they were originally founded, had, in a great easure, ceased% 0n the i !erfection of the art of coining, the i-ture of the etals used, and the stri'ing of the coins, could not "e effected with, !erfect accuracy% +here would "e so e variety in the i-ture of etals ade at different ti es, although intended to "e in the sa e !ro!ortions, and in different !ieces of coin, although struc' "y the sa e !rocess and fro the sa e die% But the art of coining etals has now so nearly attained !erfection, that such allowances have "eco e, if not altogether, in a great easure at least, unnecessary% +he laws of the Enited <tates a'e no allowance for deficiencies of weight% <ee *e!ort of the <ecretary of <tate of the Enited <tates, to the <enate of the E% <%, 5e"% 11, 1811, !!% 6:, 68% 1% +he act of (ongress of 1d of A!ril, 19=1, sect% 11, directs that the standard for all gold coins of the Enited <tates, shall "e eleven !arts fine to one !art of alloy. and sect% 1:, that the standard for all silver coins of the Enited <tates, shall "e one thousand four hundred and eighty-five !arts fine, to one hundred and seventy-nine !arts alloy% 1 <tory's L% E% <% 12% By the act of (ongress, 18th 5e"% 18:1, 8, it is !rovided, that the standard for "oth gold and silver coin of the Enited <tates, shall "e such, that of one thousand !arts "y weight, nine hundred shall "e of !ure etal, and one hundred of alloy. and the alloy of the silver coins shall "e of co!!er, and the alloy of gold coins shall "e of co!!er and silver, !rovided, that the silver do not e-ceed one-half of the whole alloy% <ee also, < ith's ?ealth of /ations, vol% i%, !!% 8=, 52% ALLUVION% +he insensi"le increase of the earth on a shore or "an' of a river "y the force of the water, as "y a current or "y waves% 0t is a !art of the definition that the addition, should "e so gradual that no one can ,udge how uch is added at each o ent of ti e% @ust% 0nst% li"% 1, tit% 1, 12. : Barn% ) (ress% =1. (ode (ivil Annote /o% 556% +he !ro!rietor of the "an' increased "y alluvion is entitled to the addition% Alluvion differs fro avulsion in thisB that the latter is sudden and !erce!ti"le% <ee avulsion% <ee : ;ass% :51. (oo!% @ustin% 858. Lord *ay % 99. 1 Bl% (o % 161, and note "y (hitty. 1 <wift's Dig% 111. (oo!% @ust% li"% 1, t% 1. Angell on ?ater (ourses, 11=. : ;ass% *% :51. 1 Fill ) @ohns% *% 18=. <chultes on A#% *ights, 116. 1 A er% Law @ourn% 181, 1=:. Angell on +ide ?aters, 11:. 0nst% 1, 1, 12. Dig% 81, 1, 9. Dig% :=, 1, =. Dig% 6, 1, 1:. Dig% 1, 81, 1, 5. 1 Bouv% 0nst% !ars 1, c% 1 art% 1, 8, s% 8, !% 98% ALLY, international law% A !ower which has entered into an alliance with another !ower% A citi3en or su",ect of one of the !owers in alliance, is so eti es called an ally. for e-a !le, the rule which renders it unlawful for a citi3en of the Enited <tates to trade or carry on co erce with an ene y, also !recludes an ally fro si ilar intercourse% 8 *o"% *e!% 151. 6 *o"% *e!% 826. Dane's A", 0nde-, h% t%. 1 Dall% 15% ALMANAC% A ta"le or calendar, in which are set down the revolutions of the seasons, the rising and setting of the sun, the !hases of the oon, the ost re ar'a"le con,unctions, !ositions and !heno ena of the heavenly "odies, the onths of the year, the days of the onth and wee', and a variety of other atter% 1% +he courts will ta'e ,udicial notice of the al anac. for e-a !le, whether a certain day of the onth was on a <unday or not% 4in% A"% h% t%. 6 ;od% 81. (ro% Eli3% 119, !l% 11. 11 4in% A"% Evidence $A, ", 8%& 0n dating instr ents, so e sects, the Hua'ers, for e-a !le, instead of writing @anuary, 5e"ruary, ;arch, )c%, use the ter s, 5irst onth, <econd

onth, +hird onth, )c%, and these are e#ually valid in such writings% 4ide 1 < ith's Laws of 7ennsylvania, 119% ALLODARII, Eng% law, Boo' of Do esday% <uch tenants, who have as large an estate as a su",ect can have% 1 0nst% 1. Bac% A" +enure, A% ALMS% 0n its ost e-tensive sense, this co !rehends every s!ecies of relief "estowed u!on the !oor, and, therefore, including all charities% 0n a ore, li ited sense, it signifies what is given "y !u"lic authority for the relief of the !oor% <helford on ;ort ain, 821, note $-&. 1 Dougl% Election (as% :92. 1 0d% 129. 6eywood on Elections, 16:% ALTA PRODITIO, Eng% law% 6igh treason% ALTARA5E, eccl% law% Dfferings ade on the altar. all !rofits which accrue to the !riest "y eans of the altar% Ayl% 7ar% 61. 1 (ro% 516% TO ALTER% +o change% Alterations are ade either in the contract itself, or in the instru ent which is evidence of it% +he contract ay at any ti e "e altered with the consent of the !arties, and the alteration ay "e either in writing or not in writing% 1% 0t is a general rule that the ter s of a contract under seal, cannot "e changed "y a !arol agree ent% (oo'e, 522. : Blac'f% *% :5:. 8 Bi""% 1% But it has "een decided that an alteration of a contract "y s!ecialty, ade "y !arol, a'es it all !arol% 1 ?atts, 851. 1 ?ash% *% 192. 8 (owen, 568. : 6arr% ) @ohn% 8:8. = 7ic'% 1=8. 1 East, *% 61=. "ut see : <%) *% 59=% :% ?hen the contract is, in writing, "ut not under seal, it ay "e varied "y !arol, and the whole will a'e "ut one agree ent% = (owen, 115. 5%/% 6% *e!% ==. 6 6arr% ) @ohn, :8. 18 @ohn% 812. 1 @ohn% (as% 11. 5 (owen, 626. 7et% (% (% *% 111. 1 5airf% 818% 8% ?hen the contract is evidenced "y a s!ecialty, and it is altered "y !arol, the whole will "e considered as a !arol agree ent% 1 ?att 851. = 7ic'% 1=8% 5or alteration of instru ents see Erasure. 0nterlineation% <ee, generally, 9 Freenl% 96, 111, :=8. 15 @ohn% 122. 1 7enna% *% 858% ALTERATION% An act done u!on an instru ent in writing "y a !arty entitled under it, without the consent of the other !arty, "y which its eaning or language is changed. it i !orts so e fraud or design on the !art of hi who ade it% +his differs fro s!oliation, which is the utilation of the instru ent "y the act of a stranger% 1% ?hen an alteration has a tendency to islead, "y so changing the character of the instru ent, it renders it void. "ut if the change has not such tendency, it will not "e considered an alteration% 1 Freenl% Ev% 566% :% A s!oliation, on the contrary, will not affect the legal character of the instru ent, so long as the original writing re ains legi"le. and, if it "e a deed, any trace of the seal re ains% 1 Freenl% Ev% 566% <ee <!oliation% ALTERNAT% +he na e of a usage a ong di!lo atists "y which the ran' and !laces of different !owers, who have the sa e rights and !retensions to !recedence, are changed fro ti e to ti e, either in a certain regular order, or one deter ined "y lot% 0n drawing u! treaties and conventions, for e-a !le, it is the usage of certain !owers to alternate, "oth in the !rea "le and the signatures, so that each !ower occu!ies, in the co!y intended to "e delivered to it, the first !lace% ?heat% 0ntern% Law, !t% 1, c% :, 8%%

ALTERNATIVE% +he one or the other of two things% 0n contracts a !arty has fre#uently the choice to !erfor one of several things, as, if he is "ound to !ay one hundred dollars, or to deliver a horse, he has the alternative% 4ide Election. D"ligation. Alternative% ALTIUS NON TOLLENDI, civil law% +he na e of a servitude due "y the owner of a house, "y which he is restrained fro "uilding "eyond a certain height% Dig% 8, 1, 8, and 1, 11, 19, 15% ALTIUS TOLLENDI, civil law% +he na e of a servitude which consists in the right, to hi who is entitled to it, to "uild his house as high as he ay thin' !ro!er% 0n general, however, every one en,oys this !rivilege, unless he, is restrained "y ho e contrary title% ALTO ET BASSO% 6igh and low% +his !hrase is a!!lied to an agree ent ade "etween two contending !arties to su" it all atters in dis!ute, alto et "asso, to ar"itration% (owel% ALTUM MARE% +he high sea% $#% v%& ALUMNUS, civil law% A child which one has nursed. a foster child% Dig% 82, 1, 18% AMALPHITAN CODE% +he na e given to a collection of sea-laws, co !lied a"out the end of the eleventh century, "y the !eo!le of A al!hi% 0t consists of the laws on ariti e su",ects which were, or had "een, in force in counries "ordering on the ;editerranean. and, on account of its "eing collected into one regular syste , it was for a long ti e received as authority in those countries% 1 A3un% ;ar% Law, :96% AMANUENSIS% De who write another dictates% A"out the "eginning of the si-th century,, the ta"ellions $#%v%& were 'nown "y this na e% 1 <av% Dr% *o % ;oy% Age, n% 16% AMBASSADOR, interaational law% A !u"lic inister sent a"road "y so e sovereign state or !rince, with a legal co ission and authority to transact "usiness on "ehalf of his country with the govern ent to which he is sent% 6e is a inister of the highest ran', and re!resents the !erson of his sovereign% 1% +he Enited <tates have always "een re!resented "y inisters !leni!otentiary, never having sent a !erson of the rald of an, a "assador in the di!lo atic sense% 1 Cent's (o % :=, n% :% A "assadors, when ac'nowledged as such, are e-e !ted, a"solutely fro all allegiance, and fro all res!onsi"ility to the laws% 0f, however, they should "e so regardless of their duty, and of the o",ect of their !rivilege, as to insult or o!enly to attac' the laws of the govern ent, their functions ay "e sus!ended "y a refusal to treat with the , or a!!lication can "e ade to their own sovereign for their recall, or they ay "e dis issed, and re#uired to de!art within a reasona"le ti e% By fiction of law, an a "assador is considered as if he were out of the territory of the foreign !ower. and it is an i !lied agree ent a ong nations, that the a "assador, while he resides in the foreign state, shall "e considered as a e "er of his own country, and the govern ent he re!resents has e-clusive cogni3ance of his conduct, and control of his !erson% +he attendants of the a "assador are attached to his !erson, and the effects in his use are under his !rotection and !rivilege, and, generally, e#ually e-e !t fro foreign ,urisdiction%

8% A "assadors are ordinary or e-traordinary% +he for er designation is e-clusively a!!lied to those sent on !er anent issions. the latter, to those e !loyed on !articular or e-traordinary occasions, or residing at a foreign court for an indeter inate !eriod% 4attel, Droit des Fens, 1% 8, c% 6, 92-9=% 5% +he act of dtigress of A!ril :2th, 19=2, s% 15, a'es void any writ or !rocess sued forth or !rosecuted against any a "assador authori3ed and received "y the !resident of the Enited <tates, or any do estic servant of such a "assador. and the 15th section of the sa e act, !unishes any !erson who shall sue forth or !roseeute such writ or !rocess, and all attorneys A and soliciters !rosecuting or soliciting in such case, and all officers e-ecuting such writ or !rocess, with an i !rison ent not e-ceeding three years, and a fine at the discretion of the court% +he act !rovides that citi3ens or inha"itants of the Enited <tates who were inde"ted when they went into the service of an a "assador, shall not "e !rotected as to such de"t. and it re#uires also that the na es of such servants shall "e registered in the office of the secretary of state% +he 16th section i !oses the li'e !unish ent on any !erson offering violence to the !erson of an a "assador or other inister% 7 4ide 1 Cent, (o % 18, :8, 181. *utherf% 0nst% "% 1, c% =. 4att% "% 8, c% 8, s% 11:. 1 ?ash% (% (% *% 8:5. Ayl% 7and% 185. 1 Bl% (o % 15:. Bac% A"% h% t%. 1 4in% A"% 186. Frot% li"% 1, c% 8, 1, :. 1 ?hart% Dig% :81. 1 0d% :18. Dig% l% 52, t% 9. (ode 0% 12, t% 6:, l% 8. Bouv% 0nst% 0nde-, h% t% 6% +he British statute 9 Ann, ca!% 11. is si ilar in its !rovisions. it e-tends to the fa ily and servants of an a "assador, as well when they are the natives of the country in which the a "assador resides, as when they are foreigners who he "rings with hi % $: Burr% 1996-9& +o constitute a do estic servant within the eaning of the statute, it is not necessary that the servant should lodge, at night in the house of the a "assador, "ut it is necessary to show the nature of the service he renders and the actual !erfor ance of it% : Burr% 19:1. (ases +e !% 6ardw% 5% 6e ust, in fact, !rove that he is "ona fide the a "assador's servant% A land waiter at the custo house is not such, nor entitled to the !rivilege of the statute% 1 Burr% 821% A trader is not entitled to the !rotection of the statute% : Burr% 19:1. (ases +e !% 6ardw% 5% A !erson in de"t cannot "e ta'en into an a "assador's service in order to !rotect hi % : Burr% 1699% AMBIDE2TER% 0t is intended "y this Latin word, to designate one who !lays on "oth sides. in a legal sense it is ta'en for a ,uror or e "raceor who ta'es oney fro the !arties for giving his verdict% +his is seldo or never done in the Enited <tates% AMBI5UITY, contracts, construction% ?hen au e-!ression has "een used in an instru ent of writing which ay "e understood in ore than one sense, it is said there is an a "iguity, 1% +here are two sorts of a iguities of words, a "iguitas latens and a "iguitas !atens% :% +he first occurs when the deed or instru ent is sufficiently certain and free fro a "iguity, "ut the a "iguity is !roduced "y so ething e-trinsic, or so e collateral atter out of the instru ent. for e-a !le, if a an devise !ro!erty to his cousin A B, and he has two cousins of that na e, in such case !arol evidence will "e received to e-!lain the a "iguity% 8% +he second or !atent a "iguity occurs when a clause in a deed, will, or other instru ent, is so defectively e-!ressed, that a court of law, which has to !ut a

construction on the instru ent, is una"le to collect the intention of the !arty% 0n such case, evidence of the declaration of the !arty cannot "e su" itted to e-!lain his intention, and the clause will "e void for its uncertainty% 0n 7ennsylvania, this rule is so ewhat #ualified% : Binn% 589. 8 Binn% 881% 4ide generally, Bac% ;a-% *eg% 1:. 1 7hu% Ev% 812 to 812. : <tar'% Ev% 1211 . 0 (o % Dig% 595. <udg% 4end% 11:% +he civil law on this su",ect will "e found in Dig% li"% 52, t% 19, 1% 69. li"% 85, t% 1, 1% 8. and li"% 11, t% 1, 1% 8% AMBULATORIA VOLUNTAS% A !hrase used to designate that a an has the !ower to alter his will or testa ent as long as he lives% +his for of !hrase fre#uently occurs in writers on the civil law. as a "ulatoria res, a "ulatoria actio, !otestas, conditio, )c%.(alvini Le-ic% AMENABLE% *es!onsi"le. su",ect to answer in a court of ,ustice lia"le to !unish ent% AMENDE HONORABLE, Eng0ish law% A !enalty i !osed u!on a !erson "y way of disgrace or infa y, as a !unish ent for any offence, or for the !ur!ose of a'ing re!aration for any in,ury done to another, as the wal'ing into church in a white sheet, with a ro!e a"out hte nec', and a ortch in the hand, and "egging the !ardon of Fod, or the 'ing, or any !rivate individual, for so e delin#uency% 1% A !unish ent so ewhat si ilar to this, and which "ore the sa e na e, was co on in 5rance. it was a"olished "y the law of the 15th of <e!te "er, 19=1% ;erlin *e!% de @ur% h%'t% :% 5or the for of a sentence of a ende horrora"le, see D'Agaesseau, Deuvres, 8: 7laidoyer, to % 8, !% 186% AMENDMENT, legislation% An alteration or change of so ething !ro!osed in a "ill% 1% Either house of the legislature has a rigt to a'e a end ents. "ut, when so ade, they ust "e sanctioned "y the other house "efore they can "eco e a law% +he senate has no !ower to originate any oney "ills, $#% v,& "ut ay !ro!ose and a'e a end ents to such as have !assed the 6ouse of re!resentatives% 4ide (ongress. <enate% :% +he constitution of the Enited <tates, art% 5, and the constitutions of so e of the states, !rovide for their a end ent% +he !rovisions contained in tho constitution of the Enited <tates, are as followsB G(ongress, whenever two-thirds of "oth houses shall dee it necessary, shall !ro!ose a end ents to this constitution, or, on the a!!lication of the legislatures of two-thirds of the several states, shall call a convention for !ro!osing a end ents, which, in either case, shall "e valid, to all intents and !ur!oses, as !art of this constitution, when ratified "y the legislatures of three-fourths of the several states, or "y conventions in three-fourths thereof, as the one or the other ode of ratification ay "e !ro!osed "y (ongressB 7rovided, that no a end ent which ay "e ade !rior to the year one thousand eight hundred and eight, shall, in any anner, affect the first and fourth clauses in the ninth section of the first article. and that no state, without its consent, shall "e de!rived of its e#ual suffrage in the <enate%G AMMENDMENT, !ractice% +he correction, "y allowance of the court, of an error co itted in the !rogress of a cause% 1% A end ents at co on law, inde!endently of any statutory !rovision on the su",ect, are in all cases in the discretion of the court, for the furtherance of ,ustice they ay "e ade while the !roceedings are in !a!er, that is, until ,udg ent is signed, and during the

ter in which it is signed . for until the end of the ter the !roceedings are considered in fieri, and conse#uently su",ect to the control of the court. 1 Burr% 956. : Bl% (o % 829. 1 <al'% 89. 1 <al'% 666 . 8 <al'% :1. (o% Litt% 162. and even after ,udg ent is signed, and u! to the latest !eriod of the action, a end ent is, in ost cases, allowa"le at the discretion of the court under certain statutes !assed for allowing a end ents of the record. and in later ti es the ,udges have "een uch ore li"eral than for erly, in the e-ercise of this discretion% : ;cLean, :9=. 1 Branch, 8:9. = Ala% 689% +hey ay, however, "e ade after the ter , although for erly the rule was otherwise. (o% Litt% 162, a. : Bl% (o % 829. and even after error "rought, where there has "een a verdict in a civil or cri inal case% 1 <erg% ) *% 8:1, :% A re ittitur da na ay "e allowed after error. 1 Dall% 188. 1 >eates, 186. Addis, 115, 116. and this, although error "e "rought on the ground of the e-cess of da ages re itted% 1 <erg% ) *% 111% But the a!!lication ust "e ade for the re ittitur in the court "elow, as the court of error ust ta'e the record as they find it% 1 <erg% ) *% 8=% <o, the death of the defendant ay "e suggested after errer cora no"is% 1 Bin% 886. 0 @ohns% (ases, 1=. (aines' (ases, 61% <o "y agree ent of attor eys, the record ay "e a ended after error% 1 Bin% 95. 1 Binn% 16=% :% A end ents are, however, always 0i ited "y due consideration of the rights of the o!!osite !arty. and, when "y the a end ent he would "e !re,udiced or e-!osed to unreasona"le delay, it is not allowed% 4ide Bac% A" (o % Dig% h% t%. 4iner's% A"% h% t%. 1 Arch% 7r% 122. Frah% 7t% 518. <te!h% 7l% =9. 1 <ell% 7r% 85:. : Bl% (o % 826. Bouv% 0nst% 0nde-, h% t% AMENDS% A satisfaction, given "y a wrong doer to the !arty in,ured for a wrong co itted% 1 Lilly's *eg% 81% 1% By statute 18 Feo% 00% c% 88, in England, and "y si ilar statutes in so e of the Enited <tates, ,ustices of the !eace, u!on "eing notified of an intended suit against the , ay tender a ends fore the wrong alleged or done "y the in their official character, and if found sufficient, the tender de"ars the action% <ee Act of 7enn% 11 ;arch, 1991, 1 and%1. ?illes' *e!% 691, 1. 6 Bin% 8:. 5 <erg% ) *% 519, 1==. : 0d% 1=5. 8 Bin% 12% AMERCEMENT, !ractice% A !ecuniary !enalty i !osed u!on a !erson who is in isericordia. as, for e-a !le, when the defendant se reta-it, or recessit in conte !tu curioe% 8 (o% 58. Bar% A"% 5ines and A erce ents% By the co on law, none can "e a erced in his a"sence, e-ce!t for his default% /on licet ali#ue in sua a"sentia a erciare nisi !er e,us defaltas% 5leta, li"% 1, ca!% 65, 15% 1% 5or erly, if the sheriff failed in o"eying the writs, rules, or orders of the court, he ight "e a erced. that is, a !enalty ight "e i !osed u!on "i . "ut this !ractice has "een su!erseded "y attach ent% 0n /ew @ersey and Dhio, the sheriff ay, "y statutory !rovision, "e a erced for a'ing a return contrary to the !rovision of the statute% (o-e, 1:6, 16=. 6 6alst% ::8. : 6alst% 192, 191. 5 6alst% :1=. 1 Freen, 15=, :81. 1 Freen, :52. 1 <outh% 8::. 1 6a % 195. 1 6a % 62:. 6 6a % 851. ?right, 912% AMERCIAMENT% AMERCEMENT, English law% A !ecuniary !unish ent ar"itrarily i !osed "y so e lord or count, in distinction fro a fine which is e-!ressed according to the statute% Citch% 98% A ercia ent royal, when the a ercia ent is ade "y the sheriff, or any other officer of the 'ing% 8 Bl% (o % :91% AMI% A friend. or, as it is written in old wor's, a y% 4ide 7rochein a y%

AMICABLE ACTION, 7ennsylvania !ractice% An action entered "y agree ent of !arties on the doc'ets of the courts. when entered, such action is considered as if it, had "een adversely co enced, and the defendant had "een regularly su oned% An a ica"le action ay "e entered "y attorney, inde!endently of the !rovisions of the act of 1866% 8 Er ) *% 569% AMICUS CURIAE, !ractice% A friend of the court% Dne, who as a stander "y, when a ,udge is dou"tful or ista'en in a atter of law, ay infor the court% 1 0nst% 198. 1 4in% A"r% 895. and any one, as a icus curia, ay a'e an a!!lication to the court in favor of an infant, though he "e no relation% 1 4es% <en% :1:% A;0+A% A !aternal aunt. the sister of one's father% 0nst% :, 6, :% AMNESTY, govern ent% An act of o"livion of !ast offences, granted "y the govern ent to those who have "een guilty of any neglect or cri e, usually u!on condition that they return to their duty within a certain !eriod% 1% An a nesty is either e-!ress or i !lied. it is e-!ress, when so declared in direct ter s. and it is i !lied, when a treaty of !eace is ade "etween contending !arties% 4ide 4attel, liv% 8, c% 1, 12, 11, 11. Encycl% A er% h%t% :% A nesty and !ardon, are very different% +he for er is an act of the sove reign !ower, the o",ect of which is to efface and to cause to "e forgotten, a cri e or isde eanor. the latter, is an act of the sa e authority, which e-e !ts the individual on who it is "estowed fro the !unish ent the law inflicts for the cri e he has co itted% 9 7et% 162% A nesty is the a"olition and forgetfulness of the offence. !ardon is forgiveness% A !ardon is given to one who is certainly guilty, or has "een convicted. a nesty, to those who ay have "een so% 8% +heir effects are also different% +hat of !ardon, is the re ission of the whole or a !art of the !unish ent awarded "y the law. the conviction re aining unaffected when only a !artial !ardon is grantedB an a nesty on the concrary, has the effect of destroying the cri inal act, so that it is as if it had not "een co itted, as far as the !u"lic interests are concerned% 5% +heir a!!lication also differs% 7ardon is always given to individuals, and !ro!erly only after ,udg ent or convictionB a nesty ay "e granted either "efore ,udg ent or afterwards, and it is in general given to whole classes of cri inals or su!!osed cri inals, for the !ur!ose of restoring tran#uillity in the state% But so eti es a nesties are li ited, and certain classes are e-cluded fro their o!eration% AMORTI3ATION, contracts, English law% An alienation of lands or tene ents in ortraain% 1 <tat% Ed% 0% 1% +he reduction of the !ro!erty of lands or tene ents to ort ain% AMORTISE, contracts% +o alien lands in ort ain% AMOTION% 0n cor!orations and co !anies, is the act of re oving an officer fro his office. it differs fro disfranchise ent, which is a!!lica"le to e "ers, as such% ?ille% on (or!% n% 928% +he !ower of a otion is incident to a cor!oration% 1 <tr% 81=. 1 Burr% 6:=% 1% 0n *e- v% *ichardson, Lord ;ansfield s!ecified three sorts of offences for which an officer ight "e discharged. first, such as have no i ediate relation to the office, "ut are in the selves of so infa ous a nature, as to render the offender unfit to e-ecute any

!u"lic franchise. secondly, such as are only against his oath, and the duty of his office as a cor!orator, and a ount to "reaches of the tacit condition anne-ed to his office. thirdly, the third offence is of a i-ed nature. as "eing an offence not only against the duty of his officer "ut also a atter indicta"le at co on law% 1 Binn% *% 888% And Lord ;ansfield considered the law as settled, that though a cor!oration has e-!ress !ower of a otion, yet for the first sort of offences there ust "e a !revious indict ent and conviction. and that there was no authority since Bagg's (ase, 11 *e!% ==, which says. that the !ower of trial as well as of a otion, for the second offense, is not incident to every cor!oration% 6e also o"servedB G?e thin' that fro the reason of the thing, fro the nature of the cor!oration, and for the sa'e of order and good govern ent, this !ower is incident as uch as the !ower of a'ing "y-laws%G Doug% 18=% <ee generally, ?ilcoc' on ;un% (or!% 168. 6 (onn% *e!% 6:1. 6 ;ass% *% 861. Ang% ) A % on (or!or% 1:6% AMOTION, tort% An a otion of !ossession fro an estate, is an ouster which ha!!ens "y a s!ecies of disseisin or turning out of the legal !ro!ritor "efore his estate is deter ined% : Bl% (o % 1=8, 1==% A otion is also a!!lied to !ersonal chattels when they are ta'en unlawfully out of the !ossession of the owner, or of one who has a s!ecial !ro!erty in the % AMPLIATION, civil law% A deferring of ,udg ent until the cause is further e-a ined% 0n this case, the ,udges !ronounced the word a !lius, or "y writing the letters /%L% for non li#uet, signifying that the cause was not clear% 0n !ractice, it is usual in the courts when ti e is ta'en to for a ,udg ent, to enter a curia advisare vult. cur% adv% vult% $#% v%& AMPLIATION, 5rench law% <ignifies the giving a du!licate of an ac#uittance or other instru ent, in order that it ay "e !roduced in different !laces% +he co!ies which notaries a'e out of acts !assed "efore the , and which are delivered to the !arties, are also called a !liations% Dict% de @ur% h% t% AMY or a i, a 5rench word, signifying, friend% 7rochein a y, $#% v%& the ne-t friend% Alien a y, a foreigner, the citi3en or su",ect of so e friendly !ower or !rince% AN% JOUR% ET WASTE% <ee >ear, day, and waste% ANALO5Y, co truction% +he si ilitude of relations which e-ist "etween things co !ared% 1% +o reason analogically, is to draw conclusions "ased on this si ilitude of relations, on the rese "lance, or the conne-ion which is !erceived "etween the o",ects co !ared% G0t is this guide,G says +oollier, which leads the law lawgiver, li'e other en, without his o"serving it% 0t is analogy which induces us, with reason, to su!!ose that, following the e-a !le of the (reator of the universe, the lawgiver has esta"lished general and unifor laws, which it is unnecessary to re!eat in all analogous cases%G Dr% (iv% 5r% liv% :, t% 1, c% 1% 4ide Ang% on Adv% En,oy % :2, :1. 6ale's (o % Law, 181% :% Analogy has "een declared to "e an argu ent or guide in for ing legal ,udg ents, and is very co only a ground of such ,udg ents% 9 Barn% ) (res% 168. : Bing% *% 165. 8 Bing *% 559, 56:. : At'% :1:. 1 Eden's *% 111. 1 ?% Bl% 151. 6 4es% ,r% 695, 696. : <wanst% *% 561. 1 +urn% ) *% 12:, ::8. 1 *% ) ;% :51, 895, 899. 8 Burr% *% 1=61. 1211, 1268. 8 +% *% 5=1. 8 Barn% ) (r% 855. 9 Dowl% ) *y% 151. (as% t% +al"% 182. : 7% ? s% :=1. : Bro% (% (% 6:=, n%

ANARCHY% +he a"sence of all !olitical govern ent. "y e-tension, it signifies confusion in govern ent% ANATHEMA, eccl% law% A !unish ent "y which a !erson is se!arate fro , the "ody of the church, and for"idden all intercourse with the faithfulB it differs fro e-co unication, which si !ly for"ids the !erson e-co unicated, fro going into the church and co unicating with the faithful% Fal% 1% 8, =% ANATOCISM, civil law% Esury, which consists in ta'ing interest on interest, or receiving co !ound interest% +his is for"idden% (ode, li"% 8, t% :1, 1, :2. 1 7ostlethwaite's Dict% 1% (ourts of e#uity have considered contracts for co !ounding interest illegal, and within the statute of usury% (as% t% +al"ot, 82. et vide (o % *e!% :8=. ;ass% 189. 1 (h% (as% 11=. 1 (h% (as% :5% And contra, 1 4ern% 1=2% But when the interest has once accrued, and a "alance has "een settled "etween the !arties, they ay lawfully agree to turn such interest into !rinci!al, so as to carry interest in futuro% (o % on Esury, ch% 1, s% 18, !% 186 et e#% ANCESTOR, descents% Dne who has !receded another in a direct line of descent. an ascendant% 0n the co on law, the word is understood as well of the i ediate !arents, as, of these that are higher. as ay a!!ear "y the statute 15 Ed% 000% De natis ultra are, and so in the statute of 6 *% 000% ca!% 6, and "y any others% But the civilians relations in the ascending line, u! to the great grandfather's !arents, and those a"ove the , they ter , a,ores, which co on lawyers a!tly e-!ound antecessors or ancestors, for in the descendants of li'e degree they are called !osteriores% (ary's Litt%85% +he ter ancestor is a!!lied to natural !ersons% +he words !redecessors and successors, are used in res!ect to the !ersons co !osing a "ody cor!orate% <ee 1 Bl% (o % 12=. Bac% A"r% h% t%. Ayl% 7and% 58% ANCESTRAL% ?hat relates to or has, "een done "y one's ancestors. as ho age ancestral, and the li'e% ANCHOR% A easure containing ten gallons% Le-, ;ereatoria% ANCHORA5E, erc% law% A toll !aid for every anchor cast fro a shi! into a river, and so eti es a toll "earing this na e is !aid, although there "e no anchor cast% +his toll is said to "e incident to al ost every !ort% 1 ? % Bl% 81:. 1 (hit% (o % Law, 16% ANCIENT% <o ething old, which "y age alone has ac#uired so e force. as ancient lights, ancient writings% ANCIENT DEMESNE, Eng% law% +hose lands which either were reserved to the crown at the original distri"ution of landed !ro!erty, or such as ca e to it afterwards, "y forfeiture or other eans% 1% <al% 59. ho"% 88. 8 0nst% 168. 1 Bl% (o % 186. Bac% A"% h% t%. 5% /% B% 18% ANCIENT LI5HTS, estates% ?indows which have "een o!ened for twenty years or ore, and en,oyed without olestation "y the owner of the house% 5 6ar% ) @ohn% 899. 11 ;ass% *% 159,%112% 1% 0t is !ro!osed to consider, 1% 6ow the right of ancient light is gained% 1, ?hat a ounts to interru!tion of an ancient light% :, +he re edy for o"structing an ancient light% :% A 1% 6ow the right of o!ening or 'ee!ing a window o!en is gained% 1% By grant% 1% By

la!se of ti e% 5or erly it was holden that a !arty could not aintain an action for a nuisance to an ancient light, unless he had gained a right to the window "y !rescri!tion% 1 Leon% 188. (ro% Eli3% 118% But the odern doctrine is, that u!on !roof of an adverse en,oy ent of light. for twenty yers or u!wards, une-!lained, a ,ury ay "e directed to !resu e a right "y grant, or otherwise% 1 <aund% 196, a. 11 ;ass% 15=. 1 Es!% *% 188% <ee also 1 Bos% ) 7ull% 822%. : East, 1==. 7hil% Ev% 116. 11 East, :91. Es!% Dig% 6:6% But if the window was o!ened during the seisin of a ere tenant for life, or a tenaucy for years, and the owner in fee did not ac#uiesce in, or 'now of, the use of the light, he would not "e "ound% 11 East, :91. : (a !% 888. 8 (a !% 616% 0f the owner of a close "uilds a house u!on one half of it, with a window lighted fro the other half, he cannot o"struct lights on the !re ises granted "y hi . and in such case no la!se of ti e necessary to confir the grantee's right to en,oy the % 1 4ent% 1:9, 18=. 1 Lev% 111. 1 Ce"% 55:. <id% 169, 119. L% *ay % 89. 6 ;od% 116. 1 7rice, 19. 11 ;ass% 15=, *e!% 18. 1 <aund% 118, n% 8. 6a % /% 7% 121. <elw% /% 7% 12=2. (o % Dig% Action on the (ase for a /uisance, A% ?here a "uilding has "een used twenty years to one !ur!ose, $as a alt house,& and it is converted to another, $as a dwelling-house,& it is entitled in its new state only to the sa e degree of light which was necessary in its for er state% 1 (a !"% :11. and see : (a !"% 82% 0t has "een ,ustly re ar'ed, that the English doctrine as to ancient lights can hardly "e regarded as a!!lica"le to narrow lots in the new and growing cities of this country. for the effect of the rule would "e greatly to i !air the value of vacant lots, or those having low "uildings u!on the , in the neigh"orhood of other "uildings ore than twenty years old% : Cent, (o % 886, n% 8% A 1% ?hat a ounts to an interru!tion of an ancient light% ?here a window has "een co !letely "loc'ed u! for twenty years, it loses its !rivilege% : (a !% 518% An a"andon ent of the right "y e-!ress agree ent, or "y acts fro which an a"andon ent ay "e inferred, will de!rive the !arty having such ancient light of his right to it% +he "uilding of a "lan' wall where the lights for erly e-isted, would have that effect% : B% ) (r% ::1% <ee Ad% ) Ell% :15% 5% A :% Df the re edy for interru!ting an ancient light% 1% An action on the case will lie against a !erson who o"structs an ancient light% = (o% 58. 1 *olle's A"r% 182, 1% /usans, F 12% And see Bac% A"% Actions on the (ase, D. (arth% 858. (o "%881. 6 ;od% 116% 6% A +otal de!rivation of light is not necesary to sustain this action, and if the !arty cannot en,oy the light in so free and a !le a anner as he did "efore, he ay sustain the action. "ut there should "e so e sensi"le di inution of the light and air% 8% Es!% *% 6=% +he "uilding a wall which erely o"structs the right, is not actiona"le% = (a% 58, ". 1 ;od% 55% 9% A :% /or is the o!ening windows and destroying, the !rivacy of the ad,oining !ro!erty. "ut such new window ay "e i ediately o"structed to !revent a right to it "eing ac#uired "y twenty years use% : (a !"% 81% 8% A 5% ?hen the right is clearly esta"lished, courts of e#uity will grant an in,unction to restrain a !arty fro "uilding so near the !laintiff's house as to dar'en his windows% 1 4ern% 686. 1 Bro% (% (% 65. 16 4es% ::8. Eden on 0n,% 168, =. 1 <tory on E# =16. 1 < ith's (han% 7r% 5=:%. 8 <i % 55=. 1 *uss% *% 111% <ee 0n,unction. 7lan% <ee generally on this su",ect, 1 /els% A"r% 56, 9. 16 4in% A"r% 16. 1 Leigh's /% 7% (% 6, s%

8, !% 558. 11 E% (% L% *% 118. 18 0d% 821. 11 0d% :9:. 1 id% 161. 12 0d% ==. 18 0d% 18:. 1: A % @ur% 86 to 68. : Cent, (o % 886, 1d ed% 9 ?heat% *% 126. 1= ?end% *% :2=. ;ath on 7res% :18 to :1:. 1 ?atts, ::1. = Bing% :25. 1 (hit% 7r% 126, 128. 1 Bouv% 0nst% n% 161=1:% ANCIENT WRITIN5S, evidence% Deeds, wills, and other writings ore than thirty years old, are considered ancient writings% +hey ay in general "e read in evidence, without any other !roof of their e-ecution than that they have "een in the !ossession of those clai ing rights under the % +r% !er 7ais, :92. 9 East, *% 19=. 8 Es!% *% 1. = 4es% @r% 5. : @ohn% *% 1=1. 1 Es!% *% 195. 5 +% *% 15=. 1 +% *% 866. 1 Day's *% 182% But in the case of deeds, !ossession ust have acco !anied the % 7lowd% 6, 9% <ee Blath% 7res% 191, n% $1%& ANCIENTLY, English law% A ter 0reland, 18 6en% 4ni% for eldershi! or seniority used in the statute of

ANCIENTS, English law% A ter for gentle en in the 0nns of (ourts who are of a certain standing% 0n the ;iddle +e !le, all who have !assed their readings are ter ed ancients% 0n Fray's 0nn, the ancients are the oldest "arristers. "esides which the society consists of "enchers, "arristers and students% 0n the 0nas of (hancery, it conts of ancients, and students or cler's% ANCILLARY% +hat which is su"ordinate on, or is% su"ordinate to, so e other decision% Encyc% Lond% 1 ANDROLEPSY% +he ta'ing "y one nation of the citi3ens or su",ects of another, in order to co !el the latter to do ,ustice to the for er% ?olff% 1168. ;olloy, de @ure lar% 16% AN5EL% An ancient English coin of the value of ten shillings sterling% @ac% L% D% h% t% ANIENS% 0n so e of our law "oo's signifies void, of no force% 5% /% B% 118% ANIMAL, !ro!erty% A na e given to every ani ated "eing endowed with the !ower of voluntary otion% 0n law, it signifies all ani als e-ce!t those of the hi , in s!ecies% 1% Ani als are distinguished into such as are do itae, and such as are ferae naturae% :% 0t is laid down, that in ta e or do estic ani als, such as horse, 'ine, shee!, !oultry, and the li'e, a an ay have an a"solute !ro!erty, "ecause they coutiaue !er!etually in his !ossession and occu!ation, and will not stray fro his house and !erson unless "y accident or fraudulent entice ent, in either of which cases the owner does not lose his !ro!erty% 1 Bl% (o % :=2. 1 ;od% :1=% 1% 8% But in ani als ferae naturae, a an can have no a"solute !ro!erty. they "elong to hi only while they continue in his 'ee!ing or actual !ossession. for if at any they regain their natural li"erty, his !ro!erty instantly ceases, unless they have ani u revertendi, which is only to "e 'nown "y their usual ha"it of returning% 1 Bl% (o % :=6. : Binn% 586. Bro% A"% 7ro!ertie, :9. (o % Dig% Biens, 5. 9 (o% 19 ". 1 (h% 7r% 89. 0nst% 1, 1, 15% <ee also : (aines' *e!% 195. (oo!% @ustin% 859, 858. 9 @ohns% *e!% 16. Bro% A"% Detinue, 88% 5% +he owner of a ischievous ani al, 'nown to hi to "e so, is res!onsi"le, when he !er its hi to go at large, for the da ages he ay do% 1 Es!% (as% 881. 8 (a !"% 1=8. 1 <tar'ie's (as% 185. 1 6olt, 619. 1 <tr%1168. Lord *ay % 112. B% /% 7% 99. 1 B% ) A% 612. 1 (% ;%) *% 8=6. 5 (%) 7% 1. <% (% 18 E% (% L% *% 189% +his !rinci!le agrees with the civil

law% Do at, Lois (iv% liv% 1, t% 8, s% 1% And any !erson ay ,ustify the 'illing of such ferocious ani als% = @ohns% 1::. 12% @ohns% :65. 1: @ohns% :11% +he owner, of such an ani al ay "e indicted for a co on nuisance% 1 *uss% (h% (r% Law, 68:. Burn's @ust%, /uisance, 1% 6% 0n Louisiana, the owner of an ani al is answera"le for the da age he ay cause. "ut if the ani al "e lost, or has strayed ore than a day, he ay discharge hi self fro this res!onsi"ility, "y a"andoning hi to the !erson who has sustained the in,ury. e-ce!t where the aster turns loose a dangerous or no-ious ani al. for then he ust !ay all the har done, without "eing allowed to a'e the a"ndon ent% (iv% (ode, art% 1:21% <ee Bouv% 0nst% 0nde-, h% t% ANIMANLS OF A BASE NATURE% +hose which, though they ay "e reclai ed, are not <uch that at co on law a larceny ay "e co itted of the , "y reason of the "aseness of their nature% <o e ani als, which are now usually ta ed, co e within this class. as dogs and cats. and others which, though wild "y nature, and oftener reclai ed "y art and industry, clearly fall within the sa e rule. as, "ears, fo-es, a!es, on'eys, ferrets, and the li'e% : 0nst% 12=,. 1 6ale, 7% (% 511, 511. 1 6aw'% 7% (% ::, s% :6. 8 Bl% (o % 1:6. 1 East, 7% (% 618% <ee 1 <aund% *e!% 88, note 1% ANIMUS% +he intent. the ind with which a thing is done, as ani us% cancellandi, the intention of cancelling. ani us farandi, the intention of stealing. ani us aiaendi. the intention of re aining. aui us orandi, the intention or !ur!ose of delaying% 1% ?hether the act of a an, when in a!!earance cri inal, "e so or not, de!ends u!on the intention with which it was done% 4ide 0ntention% ANIMUS CANCELLANDI% An intention to destroy or cancel% +he least tearing of a will "y a testator, ani us cancellandi, renders it invalid% <ee (ancellation% ANIMUS FURANDI, cri % law% +he intention to steal% 0n order to co stitute larceny, $#% v%& the thief ust ta'e the !ro!erty anino furandi. "ut this, is e-!ressed in the definition of larceny "y the word felonious% : 0nst% 129. 6ale, 52:. 8% Bl% (o % 11=% 4ide 1 *uss% on (r% =6. 1 +yler's *% 191% ?hen the ta'ing of !ro!erty is lawful, although it ay afterwards "e converted ani o furandi to the ta'er's use, it is not larceny% : 0nst% 128. Bac% A"% 5elony, (. 18 @ohns% *% 1=8. *y% ) ;ood% (% (% 162. 0d% 1:9. 7rin% of 7en% Law, c% 11, :, !% 19=, 181% ANIMUS MANENDI% +he intention of re aining% +o ac#uire a do icil, the !arty have his a"ode in one !lace, with the intention of re aining there. for without such intention no new do icil can "e gained, and the old will not "e lost% <ee Do icile% ust

ANIMUS RECIPIENDI% +he intention of receiving% A an will ac#uire no title to a thing unless he !ossesses it with an intention of receiving it for hi self. as, if a thing "e "ailed to a an, he ac#uires no title% ANIMUS REVERTENDI% +he intention of returning% A an retains his do icil, if he leaves it ani o revertendi% : *awle, *% :11. 1 Ash % *% 116. 5ost% =9. 8 Bl% (o % 115. 1 *uss% on (r% 18. 7o!% 81,% 61. 8 (o% 82% ANIMUS TESTANDI% An intention to a'e a testa ent or will% +his is re#uired to a'e a valid will. for whatever for ay have "een ado!ted, if there was no ani us testandi, there can "e no will% An idiot for e-a !le, can a'e no will, "ecause he has no

intention% ANN, <cotch law% 6alf a year's sti!end over and a"ove what is owing for the incu "ency due to a inister's relict, or child, or ne-t of 'in, after his decease% ?ishaw% Also, an a""reviation of annus, year. also of annates% 0n the old law 5rench writers, ann or rathe r an, signifies a year% (o% Dig h% v% ANNATES, ecc% law% 5irst fruits !aid out of s!iritual "enefices to the !o!e, "eing, the value of one year's !rofit% ANNE2ATION, !ro!erty% +he union of one thing to another% 1% 0n the law relating to fi-tures, $#% v%& anne-ation is actual or constructive% By actual anne-ation is understood every ove ent "y which a chattel can "e ,oined or united to the freehold% By constructive anne-ation is understood the union of such things as have "een holden !arcel of the realty, "ut which are not actually anne-ed, fi-ed, or fastened to the freehold. for e-a !le, deeds, or chattels, which relate to the title of the inheritance% <he!% +ouch% 86=% 4ide Anios ) 5er% on 5i-tures, 1% :% +his ter has "een a!!lied to the union of one country, to another. as +e-as was anne-ed to the Enited <tates "y the ,oint reolution of (ongress of larch 1, 1885%, <ee +e-as% ANNI NUBILES% +he age at which a girl "eco es "y law fit for twelve years% ANNIENTED% 5ro the 5rench aneantir. a"rogated or arriage, which is

ade null% Litt% sect% 981%

ANNO DOMINI, in the year of our Lord, a""reviated, A% D% +he co !utation of ti e fro the incarnation of our <aviour which is used as the date of all !u"lic deeds in the Enited tites and (hristian countries, on which account it is called the Gvulgar vera%G ANNONAE CIVILES, civil law% A s!ecies of rent issuing out of certain lands, which were !aid to *o e onasteries% ANNOTATION, civil law% +he designation of a !lace of de!ortation% Dig% :1, 1, : or the su oning of an, a"sentee% Dig% li"% 5% 1% 0n another sense, annotations were the answers of the !rince to #uestions !ut to hi !rivate !ersons res!ecting so e dou"tful !oint of law% <ee *escri!t% "y

ANNUAL PENSION, <cotch law% Annual rent% A yearly !rofit due to a creditor "y way of interest for a given su of oney% *ight of annual rent, the original right of "urdening land with !ay ent yearly for the !ay ent of oney% ANNUITY, contracts% An anuity is a, yearly su of oney granted "y one !arty to another in fee for life or years, charging the !erson of the grantor only% (o% Litt% 188. 1 Lilly's *eg% 8=. 1 Bl% (o % 82. 5 ;% *% :11. Lu ley on Annuities% 1. 1 0nst% 1=:. Davies' *e!% 18, 15% 1% 0n a less technical sense, however, when the oney is chargea"le on land and on the !erson, it is generally called an annuity% Doet% and <tud Dial% 1, 1:2. *oll% A"% 116% <ee 12 ?atts, 119% :% An anuuity is different fro a rent charge, with which it is fre#uently confounded, in this. a rent charge is a "urden i !osed u!on and issuing out of lands, whereas an annuity

is chargea"le only u!on the !erson of the grantee% Bac% A"r% Annuity, A% <ee, for regulations in England relating to annuities, the <tat,% 19 Feo% 000% c% 16%


8% An annuity ay "e created "y contract, or "y will% +o enforce the !ay ent of an annuity, the co on law gives a writ of annuity which ay "e "rought "y the grantee or his heirs, or their grantees, against the grantor and his heirs% +he action of de"t cannot "e aintained at the co on law, or "y the <tat% of 8 Anne, c% 18, for the arrears of an annuity devised to A, !aya"le out of lands during the life of B, to who the lands are devised for life, B !aying the annuity out of it, so long as the freehold estates continues% 8 ;% ) <% 11:. : Brod% ) Bing% :2. 6 ;oore, ::6% 0t has "een ruled also, that if an action of annuity "e "rought, and the annuity deter ines !ending the suit, the writ faileth forever "ecause no such action is aintaina"le for arrearages only, "ut for the annuity and the arrearages% (o% Litt% 185, a% 5% +he first !ay ent of an annuity is to "e ade at the ti e a!!ointed in the instru ent creating it% 0n cases where testator directs the annuity to "e !aid at the end of the first #uarter, or other !eriod "efore the e-!iration of the first year after his death, it is then due. "ut in fact it is not !aya"le "y the e-ecutortill the end of the year% : ;ad% (h% *% 169% ?hen the ti e is not a!!ointed, as fre#uently ha!!ens in will, the following distinction is !resu ed to e-ist% 0f the "e#uest "e erely in the for of an annuity as a gift to a an of Gan annuity of one hnndred dollars for lifeG the first !ay ent will "e due at the end of the year after the testator's death% But if the dis!osition "e of a su of oney, and the interest to "e given as an annuity to the sa e an for life, the first !ay ent will not accrue "efore the e-!iration of the second year after ihe testator's death% +his distinction, though stated fro the "ench, does not a!!ear to have "een sanctioned "y e-!ress decision% 9 4es% =6, =9% 6% +he (ivil (ode of Louisiana a'es the following !rovisions in relation to annuities, na elyB +he contract of annuity is that "y which one !arty delivers to another a su of oney, and agrees not to reclai it, so long as the receiver !ays the rent agreed u!on% Art% 1968% 9% +his annuity av "e !er!etual or for life% Art% 1965% 8% +he a ount of the annuity for life can in no case e-ceed the dou"le of the conventional interest% +he a ount of the !er!etual annuity cannot e-ceed the dou"le of the conventional interest% Art% 1966% =% (onstituted annuity is essentially redee a"le% Art% 1969% 12% +he de"tor of a constituted annuity ay "e co !elled to redee the sa eB 1, 0f he ceases fulfilling his o"ligations during three yearsB 1, 0f he does not give the lender the securities !ro ised "y the contract% Art% 1968% 11% 0f the de"tor should fail, or "e in a state of insolvency, the ca!ital of the constituted annuity "eco es e-igi"le, "ut only u! to the a ount at wich it is rated, according to the order of contri"ution a ongst the creditors% Art% 196=% 11% A si ilar rule to that contained in the last article has "een ado!ted in England% <ee stat% 6 Feo% 04%, c% 16, s% 58 and 128. note to E- !arte @a es, 5 4es% 928. l <u!% to 4es% @r% 8:1. note to 5ran's v% (oo!er, 8 4es% 96:. 1 <u!!% to 4es% @r% :28% +he de"tor, continues the (ode, ay "e co !elled "y his security to redee the annuity within the ti e which

has "een fi-ed in the contract, if any ti e has "een fi-ed, or after ten years, if no "e ade of the ti e in the act% Art% 1992%


1:% +he interest of the su s lent, and the arrears of constituted and life annuity, cannot "ear interest "ut fro the day a ,udicial de and of the sa e has "een ade "y the creditor, and when the interest is due for at least one whole year% +he !arties ay only agree, that the sa e shall not "e redee ed !rior to a ti e which cannot e-ceed ten years, or without having warned the creditor a ti e "efore, which they shall li it% Art% 1991% <ee generally, 4in% A"r% Annuity. Bac% A"r% Annuity and *ent. (o % Dig% Annuity. 8 (o % Dig% =2=. Doct% 7lac% 88. 1 *o!% on Leg% 588. Diet% de @uris!% au- ots *entes viageres, +ontine% 1 6arr% Dig% h% t% ANNUM DIEM ET VASTUM, English law% +he title which the 'ing ac#uires in land, when a !arty, who held not of the 'ing, is attainted of felony% 6e ac#uires the !ower not only to ta'e the !rofits for a full year, "ut to waste and de olish houses, and to e-tir!ate woods and trees% 1% +his is "ut a chattel interest% ANONYMOUS% ?ithout na e% +his word is a!!lied to such%"oo's, letters or !a!ers, which are !u"lished without the author's na e% /o an is "ound to !u"lish his na e in conne-ion with a "oo' or !a!er he has !u"lis"ed. "ut if the !u"lication is li"ellous, he is e#ually res!onsi"le as if his na e were !u"lished% ANSWER, !leading in e#uity% A defence in writing ade "y a defendant, to the charges contained in a "ill or infor ation, filed "y the !laintiff against hi in a court of e#uity% +he word answer involves a dou"le sense. it is one thing when it si !ly re!lies to a #uestion, another when it eets a charge. the answer in e#uity includes "oth senses, and ay "e divided into an e-a ination and a defence% 0n that !art which consists of an e-a ination, a direct andfull answer, or re!ly, ust in general "e given to every #uestion as'ed% 0n that !art which consists of a defence, the defendant ust state his, case distinctly. "ut is not re#uired to give infor ation res!ecting the !roofs that are to aintain it% Fresl % E#% Ev% 1=% 1% As a defendant is called "y a "ill or infor ation to a'e a discovery of the several c"arges it contains, he ust do so, unless he is !rotected either "y a de urrer a !lea or disclai er% 0t ay "e laid down as an invaria"le rule, that whatever !art of a "ill or infor ation is not covered "y one of these, ust "e defended "y answer% *edesd% +r% (h% 70% 188% :% 0n for , it usually "egins, 1st, with its title, s!ecifying which of the defendants it is the answer of, and the na es of the !laintiffs in the cause in which it is filed as answer. 1d, it reserves to the defendant all the advantages which ight "e ta'en "y e-ce!tion to the "ill. :d, the su"stance of the answer, according to the defendant's 'nowledge, re e "rance, infor ation and "elief, then follows, in which the atter of the "ill, with the interrogatories founded thereon, are answered, one after the other, together with such additional atter as the defendant thin's necessary to "ring forward in his, defence, either for the !ur!ose of #ualifying, or adding to, the case ade "y the "ill, or to state a new case on his own "ehalf. 8th, this is followed "y a general traverse or denial of all unlawful co "inations charged in the "ill, and of all other atters therein contained 5th, the answer is always u!on oath or affir ation, e-ce!t in the case of a cor!oration, in

which case it is under the cor!orate seal% 8% 0n su"stance, the answer ought to contain, 1st, a state ent of facts and not argu ents 1d, a confession and avoidance, or traverse and denial of the aterial !arts of the "ill :d, its language ought to "e direct and without evasion% 4ide generally as to answers, *edes% +r% (h% 70% 188 to 158. (oo!% 7l% E#% :11 to :19. Bea es 70% E#% :8 et se#%. Bouv% 0nst% 0nde-, h% t% 5or an historical account of this instru ent, see 1 Bro% (iv% Law, :91, n% and Barton's 6ist% +reatise of a <uit in E#uity% ANSWER, !ractice% +he declaration of a fact "y a witness after a #uestion has "een !ut as'ing for it% 1% 0f a witness une-!ectedly state facts against the interest of the !arty calling hi , other witnesses ay "e called "y the sa e !arty, to dis!rove those facts% But the !arty calling a witness cannot discredit hi , "y calling witnesses to !rove his "ad character for truth and veracity, or "y !roving that he has ade state ents out of court contrary to what he has sworn on the trial. B% /% 7%. for the !roduction of the witness is virtually an assertion "y the !arty !roducing hi , that he is credi"le% ANTECEDENT% <o ething that goes "efore% 0n the construction of laws, agree ents, and the li'e, reference is always to "e ade to the last antecedent. ad !ro-i un antecedens fiat relatio% But not only the antecedents "ut the su"se#uent clauses of the instru ent ust "e consideredB E- antecedenti"us et conse#uenti"us fit o!ti a inter!retatio% OBP% Before suit "rought, "efore controversy oved% ANTEDATE% +o, !ut a date to an instru ent of a ti e "efore the ti e it was written% 4ide Date% ANTENATI% Born "efore% +his ter is a!!lied to those who were "orn or resided within the Enited <tates "efore or at the ti e of the declaration of inde!endence% +hese had all the rights of citi3ens% 1 Cent, (o % 51, et se#% ANTE6NUPTIAL% ?hat ta'es !lace "efore arriage. as, an ante-nu!tial agree ent, which is an agree ent ade "etween a an and a wo an in conte !lation of arriage% 4ide <ettle ent% ANTHETARIUS, o"solete <ee Anti-thetarius% ANTI6MAN*FESTO% +he declaration of the reasons which one of the "elligerents !u"lishes, to show that the war as to hi is defensive% ?olff, 1189% <ee ;anifesto% ANT*CIPATION% +he act of doing or ta'ing a thing "efore its !ro!er ti e% 1% 0n deeds of trust there is fre#uently a !rovision that the inco e of the estate shall "e !aid "y the trustee as it shall accrue, and not "y way of antici!ation% A !ay ent ade contrary to such !rovision would not "e considered as a discharge of the trustee% ANTICHRESIS, contracts% A word used in the civil law to denote the contract "y which a creditor ac#uires the right of rea!ing the fruit or other revenues of the i ova"les given to hi in !ledge, on condition of deducting, annually, their !roceeds fro the interest, if any is due to hi , and afterwards fro the !rinci!al of his de"t% Louis% (ode, art% :18: Dict% de @uris% Antichrese, ;ortgage. (ode (iv% 1285% Dig% 1:, 9, 9 . 8, 18, 1 (ode, 8, 18, 1%

ANTINOMY% A ter used in the civil law to signify the real or a!!arent contradiction "etween two laws or two decisions% ;erl% *e!ert% h% t% 4ide (onflict of Laws% ANTI4UA CUSTOMA, Eng% law% A duty or i !osition which was collected on wool, wool-felts, and leather, was so called% +his custo was called nova custo a until the 11 Edw% 0%, when the 'ing, without !arlia ent, set a new i !osition of 82s% a sac', and then, for the first ti e, the nova custo a went "y the na e of anti#ua custo a% Bac% A"% < uggling )c% B% ANTI4UA STATUTA% 0n England the statutes are divided into new and ancient statutes. since the ti e of e ory. those fro the ti e 1 *% 0% to E% 000%, are called anti#ua statuta A those ade since, nova statuta% ANTITHETARIUS, old English law% +he na e given to a an who endeavors to discharge hi self of the cri e of which he is accused, "y retorting the charge on the accuser% 6e differs fro an a!!rover $#, v%& in this, that the latter does not charge the accuser, "ut others% @aco"'s Law Dict% APARTMENTS% A !art of a house occu!ied "y a !erson, while the rest is occu!ied "y another, or others% 9 ;ann% ) Fr% =5 . 6 ;od% 118 . ?oodf% L% ) +% 198% <ee 6ouse% APOSTACY, Eng% law% A total renunciation of the (hristian religion, and differs fro heresy% $#% v%& +his offence is !unished "y the statute of = and 12 ?% 000% c% :1% 4ide (hristianity% APOSTLES% 0n the British courts of ad iralty, when a !arty a!!eals fro a decision ade against hi , he !rays a!ostles fro the ,udge, which are "rief letters of dis ission, stating the case, and declaring that the record will "e trans itted% 1 Brown's (iv% and Ad % Law, 8:8. Dig% 8=% 6% 1% +his ter was used in the civil law% 0t is derived fro a!ostolos, a Free' word, which signifies one sent, "ecause the ,udge fro whose sentence an a!!eal was ade, sent to the su!erior ,udge these letters of dis ission, or a!ostles% ;erl% *e!% ot A!otres% APPARATOR o APPARITOR, eccles% law% An officer or serve the !rocess of the s!iritual courts in England% essenger e !loyed to

APPARENT% +hat which is anifest what is !roved% 0t is re#uired that all things u!on which a court ust !ass, should "e ade to a!!ear, if atter in !ays, under oath if atter of record, "y the record% 0t is a rule that those things which do not a!!ear, are to "e considered as not e-isting de non a!!arenti"us et non e-istenti"us eade est ratio% Broo 's ;a-i s, 12, ?hat does not a!!ear, does not e-ist. #uod non a!!aret, non est% APPARLEMENT% *ese "lance% 0t is said to "e derived fro li'e anner% (unn% Dict% h% t% !areille ent, 5rench, in

APPEAL, English cri % law% +he accusation of a !erson, in a legal for , for a cri e co itted "y hi . or, it is the lawful declaration of another an's cri e, "efore a co !etent ,udge, "y one who sets his na e to the declaration, and underta'es to !rove it, u!on the !enalty which ay ensue thereon% 4ide (o% Litt% 11: ", 189 ". 6 Burr% *% 168:, 19=:. 1 ?% Bl% *% 91:. 1 B% ) A% 825% A!!eals of urder, as well as of treason, felony, or other offences, together with wager of "attle, are a"olished "y stat% 5= Feo% ;% c% 86% APPEAL, !ractice% +he act "y which a !arty su" its to the decision of a su!erior court,

a cause which has "een tried in an inferior tri"unal% 1 <% ) *% 98 Bin% 11=. : Bin% 88% 1% +he a!!eal generally annuls the ,udg ent of the inferior court, so far that no action can "e ta'en u!on it until after the final decision of the cause% 0ts o",ect is to review the whole case, and to secure a ,ust ,udg ent u!on the erits% :% An a!!eal differs fro !roceedings in error, under which the errors co itted in the !roceedings are e-a ined, and if any have "een co itted the first ,udg ent is reversed. "ecause in the a!!eal the whole case is e-ainined and tried as if it had not "een tried "efore% 4ide Dane's A"% h% t%. <erg% (onst% Law 0nde-, h% t% and article (ourts of the Enited <tates% APPEARANCE, !ractice% <ignifies the filing co on or s!ecial "ail to the action% 1% +he a!!earance, with all other su"se#uent !leadings su!!osed to ta'e !lacein court, should $in accordance with the ancient !ractice& !ur!ort to "e in ter ti e% 0t is to "e o"served, however, that though the !roceedings are e-!ressed as if occurring in ter ti e, yet, in fact, uch of the "usiness is now done, in !eriods of vacation% :% +he a!!earance of the !arties is no longer $as for erly& "y the actual !resence in court, either "y the selves or their attorneys. "ut, it ust "e re e "ered, an a!!earance of this 'ind is still su!!osed, and e-ists in conte !lation of law% +he a!!earance is effected on the !art of the defendant $when "e is not arrested& "y a'ing certain for al entries in the !ro!er office of the court, e-!ressing his a!!earance. 5 ?atts ) <erg% 115. 1 <ca % *% 152. 1 <ea % *% 861. 6 7ort% *% :51. = 7ort% *% 191. 6 ;iss% *% 52. 9 ;iss% *% 811. 19 4er % 5:1. 1 7i'e, *% 16. 6 Ala% *% 988. : ?atts ) <erg% 521. 8 7ort% *% 881. or, in case of arrest, it ay "e considered as effected "y giving "ail to the action% Dn the !art of the !laintiff no for ality e-!ressive of a!!earance is o"served% 8% 0n general, the a!!earance of either !arty ay "e in !erson or "y attorney, and, when "y attorney, there is always su!!osed to "e a warrant of attorney e-ecuted to the attorney "y his client, authori3ing such a!!earance% 5% But to this general rule there are various e-ce!tions. !ersons devoid of understanding, as idiots, and !ersons having understanding, if they are "y law de!rived of a ca!acity to a!!oint an attorney, as arried wo en, ust a!!ear in !erson% +he a!!earance of such !ersons ust !ur!ort, and is so entered on the record, to "e in !erson, whether in fact an attorney "e e !loyed or not% <ee +idd's 7r% 68, 95. 1 Arch% 7ract% 11. 1 @ohn% 1=1. 8 @ohn% 818. 18 @ohn% 819. 5 7ic'% 81:. Bouv% 0nst% 0nde-, h% t% 6% +here ust "e an a!!earance in !erson in the following casesB 1st% An idiot can a!!ear only in !erson, and as, a !laintiff he ay sue in !erson or "y his ne-t friend 1d% A arried wo an, when sued without her hushand, should defend in !erson : ? s% <aund% 12=, " and when the cause of action accrued "efore her arriage, and she is afterwards sued alone, she ust !lead her coverture in !erson, and not "y attorney% (o% Litt% 115% :d% ?hen the !arty !leads to the ,urisdiction, "e ust !lead in !erson% <u %on 7l% 51. ;errif% Law of Att% 58% 8th% A !lea of isno er ust always "e in !erson, unless it "e "y s!ecial warrant of attorney% 1 (hit% 70% :=8. <u % on 70% 52. : ? s% <aund% 12= "% 9% An infant cannot a!!oint an attorney. he guardian, or !rochein a i% 8% A lunatic, if of full age, ust therefore !rosecute or a!!ear "y

ay a!!ear "y% attorney. if, under age, "y guardian% 1 ? s%

<aund% ::5. 0d% ::1 $a& n% $8%& =% ?hen an a!!earance is lawfully entered "y the defendant, "oth !arties are considered as "eing in court% l !% 7r% 115% And if the defendant !leads to issue, defects of !rocess are cured "ut not, if he de urs to the !rocess, $0 Lord *ay % 11,& or, according to the !ractice of so e courts, a!!ears de "ene esse, or otherwise conditionally% 12% 0n cri inal cases, the !ersonal !resence of the accused is often necessary% 0t has "een held, that if the record of a conviction of a isde eaner "e re oved "y certiorari, the !ersonal !resence of the defendant is necessary, in order to ove in arrest% of ,udg entB "ut, after a s!ecial verdict, it is not necessary that the defendant should "e !ersonally !resent at the argu ent of it% 1 Burr% =:1 1 Bl% *e!% 12=, <% (% <o, the defendant ust a!!ear !ersonally in court, when an order of "astardy is #uashed and the reason is, he ust enter into a recogni3ance to a"ide the order of sessions "elow% 1 Bl% *e!% 1=8% <o, in a case, when two ,ustices of the !eace, having confessed an infor ation for ishehaviour in the e-ecution of their office, and a otion was ade to dis!ense with their !ersonal a!!earance, on their cler's underta'ing in court to answer for their flues, the court declared the rule to "e, that although such a otion was su",ect to the discretion of the court either to grant or refuse it, in cases where it is clear that the !unish ent would not "e cor!oral, yet it ought to "e denied in every case where it is either !ro"a"le or !ossi"le that the !unish ent would "e cor!oral. and therefore the otion was overruled in that case% And ?il ot and Ashton, @ustices, thought, that even where the !unish ent would ost !ro"a"ly "e !ecuniary only, yet in offences of a very gross and !u"lic nature, the !ersons convicted should a!!ear in !erson, for the sa'e of e-a !le and !revention of the li'e offences "eing co itted "y other !ersons. as the notoriety of "eing called u! to answer cri inally for such offences, would very uch conduce to deter others fro venturing to co it the li'e% : Burr% 1986, 9% APPEARANCE DAY% +he day on which the !arties are "ound to a!!ear in court% +his is regulated in the different states "y !articular !rovisions% APPELLANT, !ractice% 6e who a'es an a!!eal fro one ,urisdiction to another% APPELLATE JURISDICTION% +he ,urisdiction which a su!erior court has to "ear a!!eals of causes which have "een tried in inferior courts% 0t differs fro original ,urisdiction, which is the !ower to entertain suits instituted in the first in stance% 4ide @urisdiction. Driginal ,urisdiction% APPELLEE, !ractice% +he !arty in a cause against who an a!!eal has "een ta'en% APPELLOR% A cri inal who accuses his acco !lices. one who challenges a ,ury% APPENDANT% An incor!oreal inheritance "elonging to another inheritance% 1% By the word a!!endant in a deed, nothing can "e conveyed which is itself su"stantial cor!oreal real !ro!erty, and ca!a"le of !assing "y feoff ent and livery of seisinB for one 'ind of cor!oreal real !ro!erty cannot "e a!!endant to another descri!tion of the li'e real !ro!erty, it "eing a a-i that land cannot "e a!!endant to land% (o% Litt% 111. 8 (o'e, 86. 8 Barn% ) (r% 152. 6 Bing% 152% Dnly, such things can "e a!!endant as can consistently "e so, as a right of way, and the li'e% +his distinction is of i !ortance, as will "e seen "y the following case% 0f a wharf with the a!!urtenances "e de ised, and the water ad,oining the wharf were in tended to !ass, yet no distress for rent on the de ised

!re ises could "e ade on a "arge on the water, "ecause it is not a !lace which could !ass as a !art of the thing de ised% 6 Bing% 152% :% A!!endant differs fro a!!urtenant in this, that the for er always arises fro !rescri!tion, whereas an a!!urtenance ay "e created at any ti e% 1 +ho% (o% Litt% 126. ?ood's 0nst% 111. Dane's A"r% h% t%. 1 4in% A"% 5=8. Bac% A"% (o on, A 1% And things a!!endant ust have "elonged "y !rescri!tion to another !rinci!al su"stantial thing, which is considered in law as ore worthy% +he !rinci!al thing and the a!!endant ust "e a!!ro!riate to each other in nature and #uality, or such as ay "e !ro!erly used together% 1 (hit% 7r% 158% APPENDITIA% 5ro a!!endo, to hang at or on. the a!!endages or !ertinances of an estate the a!!urtenauces to a dwelling, )c%. thus !ent-houses, are the a!!enditia do us, )c% APPLICATION% +he act of a'ing a re#uest for so ething. the !a!er on which the re#uest is written is also called an a!!lication. as, an a!!lication to chancery for leave to invest trust funds. an a!!lication to an insurance co !any for insurance% 0n the land law of 7ennsylvania, an a!!lication is understood to "e a re#uest in writing to have a certain #uantity of land at or near a certain !lace therein entioned% : Binn% 11. 5 0d% 151. @ones on Land Dffice +itles, 18% 1% An a!!lication for insurance ought to state the facts truly as to the o",ect to "e insured, for if any false re!resentation "e ade with a fraudulent intent, it will avoid the !olicy% 9 ?end% 91% :% By a!!lication is also !urchase oney% eant the use or dis!osition of a thing. as the a!!lication of

8% 0n so e cases a !urchaser who "uys trust !ro!erty is re#uired, to see to the a!!lication of thee !urchase oney, and if "e neglects to do so, and it "e isa!!lied, he will "e considered as a trustee of the !ro!erty he has so !urchased% +he su",ect will "e e-a ined "y considering, 1, the 'ind of !ro!erty to "e sold. 1, the cases where the !urchaser is "ound to see to the a!!lication of the !urchase oney in conse#uence of the wording of the deed of trust% 5% A 1% 7ersonal !ro!erty is lia"le, in the hands of the e-ecutor, for the !ay ent of de"ts, and the !urchaser is therefore e-e !ted fro seeing to the a!!lication of the !urchase oney, although it ay have "een "e#ueathed to "e sold for the !ay ent of de"ts% 1 (o-, *% 185. 1 Dic'% 915. 9 @ohn% (h% *e!%, 152, 162. 11 <% ) *% :99, :85. 1 7% ? s% 188. 8 Bro% (% (% 1:6. ?hite's L% (% in E#% 58. 8 Bouv% 0nst% n% :=86% 6% ?ith regard to real estate, which is not a fund at law for the !ay ent of de"t's, e-ce!t where it is ade so "y act of asse "ly, or "y direction in the will of the testator or deed of trust, the !urchaser fro an e-ecutor or trustee ay "e lia"le for the a!!lication of the !urchase oney% And it will now "e !ro!er to consider the cases where such lia"ility e-ists% 9% A 1% E!on the sale of real estate, a trustee in who the legal title is vested, can it law give a valid discharge for the !urchase oney, "ecause he is the owner at law% 0n e#uity, on the contrary, the !ersons a ong who the !roduce of the sale is to "e distri"uted are considered the owners. and a !urchaser ust o"tain a discharge fro the , unless the

!ower of giving recei!ts is either e-!ressly or "y i !lication given to the trustees to, give recei!ts for the !urchase oney% 0t is, for this reason, usual to !rovide in wills and trust deeds that the !urchaser shall not "e re#uired to see to the a!!lication of the !urchase oney% APPOINTEE% A !erson who is a!!ointed or selected for a !articular !ur!ose. as the a!!ointee under a !ower, is the !erson who is to receive the "enefit of the trust or !ower% OBP% Dne authori3ed "y the donor under the statute of uses, to e-ecute a !ower% 1 Bouv% 0ns% n% 1=1:% APPOINTMENT, chancery !ractice% +he act of a !erson authori3ed "y a will or other instru ent to direct how trust !ro!erty shall "e dis!osed of, directing such dis!osition agreea"ly to the general directions of the trust% 1% +he a!!oint ent ust "e ade in such a anner as to co e within the s!irit of the !ower% And although at law the rule only re#uires that so e allot ent, however s all, shall "e given to each !erson, when the !ower is to a!!oint to and a ong several !ersons. the rule in e#uity differs, and re#uires a real and su"stantial !ortion to each, and a ere no inal allot ent to one is dee ed illusory and fraudulent% ?hen the distri"ution is left to discretion, without any !rescri"ed rule, 0s to such of the children as the trustee shall thin' !ro!er, he ay a!!oint to one only. 5 4es% 859. "ut if the words "e, 'a ongst' the children as he should thin' !ro!er, each ust have a share, and the doctrine of illusory a!!oint ent a!!lies% 8 4es% 991 7rec% (h% 156. 1 4ern% 51:% 4ide, generally, 1 <u!!% to 4es% @r% 82, =5, 121, 1:5, 1:9. 1 0d% 1 19. 1 4ern%69, n%. 1 4es% @r% :1 2, n%. 8 Cent, (o % ::9. <ugd% on 7ow% 0nde-, h% t%. 1 6ill% A"% 0nde-, h% t%. 1 Bouv% 0nst% n% 1=11, et se#% APPOINTMENT, govern ent, wills% +he act "y which a !erson is selected and invested with an office. as the a!!oint ent of a ,udge, of which the a'ing out of his co ission is conclusive evidence% 1 (ranch, 1:9, 155. 12 7et% :8:% +he a!!oint ent of an e-ecutor, which is done "y no inating hi as such in a will or testa ent% 1% By a!!oint ent is also understood a !u"lic e !loy ent, nearly synony ous with office% +he distinction is this, that the ter a!!oint ent is of a ore e-tensive signification than office. for e-a !le, the act of authori3ing a an to !rint the laws of the Enited <tates "y authority, and the right conveyed "y such an act, is an a!!oint ent, "ut the right thus conveyed is not an office% 19 <% ) *% 11=, 1::% <ee : <% ) *% 159. (oo!% @ust% 5==, 628% APPORTIONMENT, contracts% Lord (o'e defines it to "e a division or !artition of a rent, co on, or the li'e, or the a'ing it into !arts% (o % Litt% 189% +his definition see s inco !lete% A!!ortion ent fre#uently denotes, not, division, "ut distri"ution. and in its ordinary technical sense, the distri"ution of one su",ect in !ro!ortion to another !reviously distri"uted% 1 <wanst% (% 89, n% 1% A!!ortion ent will here "e considered only in relation to contracts, "y tal'ing a view, 1, of such as are !urely !ersonal and, 1, of such as relate to the realty% :% A 1% ?hen a 7urely !ersonal contract is entire and not divisi"le in its nature, it is anifest it cannot "e a!!ortioned. as when the su",ect of the contract is "ut one thing, and there is "ut one creditor and one de"tor, neither can a!!ortion the o"ligation without

the consent of the other% 0n such case the creditor cannot force his de"tor to !ay hi a !art of his de"t only, and leave the other !art un!aid, nor can the de"tor co !el his creditor to receive a !art only of what is due to hi on account of his clai % /or can the assignee of a !art sustain an action for such !art% 5 /% <% 1=1% 8% ?hen there is a s!ecial contract "etween the !arties, in general no co !ensation can "e received unless the whole contract has "een actually fulfilled% 8 Freenl% 858. 1 7ic'% *% 169. 12 7ic'% *% 12=. 8 7ic'% *% 12:. 8 ;'(ord, *% 16, 186. 6 4er % *% :5% +he su",ect of the contract "eing a co !le- event, constituted "y the !erfor ance of various acts, the i !erfect co !letion of the event, "y the !erfor ance of only so e of those acts, cannot, "y virtue of that contract, of which it is not the su",ect, afford a title to the whole, or any !art of the sti!ulated "enefit% <ee 1 <wanst% (% ::8, n% and the cases there cited. <tory, Bail % 881. (hit% (ontr% 168. : ?atts, ::1. 1 ;ass% 189, 8:6. : 6en% ) ;unf% 829. 1 @ohn% (as% 19. 1: @ohn% *% :65. 11 ?end% 159. 9 (owen, 188. 8 (owen, 88. 1 7ic'% ::1% <ee generally on the su",ect of the a!!ortion ent, of !ersonal o"ligations, 16 4in% A"% 1:8. 11 4in% A"% 1:. <tar'% Ev% !art 8, !% 1611. (o % Dig% (hancery, 1 E and 8 / 5. : (hit% (o % Law 11=. /ewl% (ontr% 15=. Long on <ales, 128% And for the doctrine of the civil law, see Du oulin, de dividuo et individuo, !art 1, n% 6, 9. +oull% Dr% (iv% 5r% liv% :, tit :, c% 8, n% 952, et se#% 5% A 1% ?ith regard to rents, the law is different% *ents ay in general "e a!!ortioned, and this ay ta'e !lace in several ways. first, "y the act of the landlord or reversioner alone, and secondly, "y virtue of the statute of 11 Feo% 00%, c% 1=, s% 15, or "y statutes in the several states in which its !rinci!les have "een e "odied% 6% A 1% ?hen there is a su"sisting o"ligation on the !art of the tenant to !ay a certain reat, the reversioner ay sell his estate in different !arts, to as any !ersons as he ay dee !ro!er, and the lessee or tenant will "e "ound to !ay to each a !ro!ortion of the rent% : ?atts, 828. : Cent (o % 892, :d% ed%. (o% Litt% 158 a. Fil"% on *ents, 19:. 9 (ar% 1:. 1: (o% 59 (ro% Eli3% 6:9, 651. Arch"% L% )% +% 191 5 B% ) A%896. 6 6alst% 161% 0t is usual for the owners of the reversion to agree a ong the selves as to the a ount which each is to receive. "ut when there is no agree ent, the rent will "e a!!ortioned "y the ,ury% : Cent, (o % 892. 1 Bouv% 0nst% n% 6=9% 9% A 1% *ent ay "e a!!ortioned as to ti e "y virtue of the stat% 11 Feo% 6%, (% 1=, s% 15, "y which it is !rovided that the rent due "y a tenant for life, who dies during the currency of a #uarter, of a year, or other division of ti e at which the rent was ade !aya"le, shall "e a!!ortioned to the day of his death% 0n Delaware, ;issouri, /ew @ersey, and /ew >or', it is !rovided "y statutes, that if the tenant for life, lessor, die on the rent day, his e-ecutors ay recover the whole rent. if "efore, a !ro!ortional !art% 0n Delaware, Centuc'y, ;issouri, and /ew >or', when one is entitled to rents, de!ending on the life of another, he ay recover the notwithstanding the death of the latter% 0n Delaware, Centuc'y, ;issouri, and 4irginia, it is s!ecially !rovided, that the hushand, after the death of his wife, ay recover the rents of her lands% 1 6ill% A"% c% 16, 52% 0n Centuc'y, the rent is to "e a!!ortioned when the lease is deter ined u!on any contingency% 8% ?hen the tenant is de!rived of the land, as "y eviction, "y title !ara ount, or "y #uitting the !re ises with the landlord's consent, in the a"sence of any agree ent to the contrary, his o"ligation to !ay rent ceases, as regards the current #uarter or half year, or other day of !ay ent, as the case ay "e% But rent which is due ay "e recovered% Fil"%

on *ents, 185. : Cent, (o % :96. 8 ?end% 81:. 8 (owen, 919 1 6ar% ) Fill, :28. 11 ;ass% 8=:% <ee 8 (ruise's Dig% 126. : (all's *% 168. 8 ;'(ord 889. 1 Bailey's *% 86=. 1 Bouv% 0nst% n% 1695, et se#% APPOSAL OF SHERIFFS, English law% +he charging the account of the E-che#uer% 11 (ar% 00% with oney received u!on

APPOSER, Eng% law% An officer of the (ourt of E-che#uer, called the foreign a!!oser% APPOSTILLE, 5rench law% 7ostil% 0n general this eans an addition or annotation in the argin of an act, Icontract in writing,J or of so e writing% ;er% *e!% APPRAISEMENT% A ,ust valuation of !ro!erty% 1% A!!raise ents are re#uired to "e ade of the !ro!erty of !ersons dying intestate, of insolvents and others. an inventory $#% v%& of the goods ought to "e ade, and a ,ust valuation !ut u!on the % ?hen !ro!erty real or !ersonal is ta'en for !u"lic use, an a!!raise ent of it is ade, that the owner ay "e !aid it's value% APPRAISER, !ractice% A !erson a!!ointed "y co !etent authority to a!!raise or value goods. as in case of the death of a !erson, an a!!raise ent and inventory ust "e ade of the goods of which he died !ossessed, or was entitled to% A!!raisers are so eti es a!!ointed to assess the da age done to !ro!erty, "y so e !u"lic wor', or to esti ate its value when ta'en for !u"lic use% APPREHENSION, !ractice% +he ca!ture or arrest of a !erson% +he ter a!!rehension is a!!lied to cri inal cases, and arrest to civil cases. as, one having authority ay arrest on civil !rocess, and a!!rehend on a cri inal warrant% APPRENTICE, !erson, contracts% A !erson "ound in due for of law to a aster, to learn fro hi his art, trade or "usiness, and to serve hi during the ti e of his a!!renticeshi!% $#% v%& 1 Bl% (o % 816. 1 Cent, (o % 111. : *awle, *e!% :29. (hit% on A!% 8 +% *% 9:5. Bouv% 0nst% 0nde-, h% t% 1% 5or erly the na e of a!!rentice en la ley was given indiscri inately to all students of law% 0n the reign of Edward 04% they were so eti es called a!!rentice ad "arras% And in so e of the ancient law writers, the ter a!!rentice and "arrister are synony ous% 1 0nst% 118. Euno % Dial, 1, 5:, !% 155% APPRENTICESHIP, contracts% A contract entered into "etween a !erson who understands so e art, trade or "usiness, and called the aster, and another !erson co only a inor, during his or her inority, who is called the a!!rentice, with the consent of his or her !arent or ne-t friend "y which the for er underta'es to teach such inor his art, trade or "usiness, and to fulfil such other covenants as ay "e agreed u!on. and the latter agrees to serve the aster during a definite !eriod of ti e, in such art, trade or "usiness% 0n a co on indenture of a!!renticeshi!, the father is "ound for the !erfor ance of the covenants "y the son% Daug% 522% 1% +he ter during which the a!!rentice is to serve is also called his a!!renticeshi!% 7ardessus, &Dr% (o % n% :8% :% +his contract is generally entered into "y indenture or deed, and is to continue no longer than the inority of the a!!rentice% +he English statute law as to "inding out inors as a!!rentices to learn so e useful art,% trade or "usiness, has "een generally ade

ado!ted in the Enited <tates, with so e variations which cannot, "e noticed here% 1 Cent, (o % 111% 8% +he !rinci!al duties of the !arties are as followsB 1st, Duties of the aster% 6e is "ound to instruct the a!!rentice "y teaching hi , "ona fide, the 'nowledge of the art of which he has underta'en to teach hi the ele ents% 6e ought to, watch over the conduct of the a!!rentice, giving hi !rudent advice and showing hi a good e-a !le, and fulfilling towards hi the duties of a father, as in his character of aster, he stands in loco !arentis% 6e is also re#uired to fulfil all the covenants he has entered into "y the indenture% 6e ust not a"use his authority, either "y "ad treat ent, or "y e !loying his a!!rentice in enial e !loy ents, wholly unconnected with the "usiness he has to learn% 6e cannot dis iss his a!!rentice e-ce!t "y a!!lication to a co !etent tri"unal, u!on whose, decree the indenture ay "e cancelled% But an infant a!!rentice is not ca!a"le in law of consenting to his own discharge% 1 Burr% 521% /or can the ,ustices, according to so e authorities, order oney to "e returned on the discharge of an a!!rentice% <trange, 6= (ontra, <al'% 69, 68, 8=2. 11 ;od% 112 11 ;od% 8=8, 55:% After the a!!renticeshi! is at an end, he cannot retain the a!!rentice on the ground that he has not fulfilled his contract, unless s!ecially authori3ed "y statute% 5% A 1d% Duties of the a!!rentice% An a!!rentice is "ound to o"ey his aster in all his lawful co ands, ta'e care of his !ro!erty, and !ro ote his interest, endeavor to learn his trade or "usiness, and !erfor all the covenants in his indenture not contrary to law% 6e ust not leave his aster's service during the ter of the a!!renticeshi!% +he a!!rentice is entitled to !ay ent for e-traordinary services, when !ro ised "y the aster. 1 7enn% Law @our% :68% <ee 1 ?hart% 11:. and even when no e-!ress !ro ise has "een ade, under !eculiar circu stances% 1 (ranch, 182, 192. : *o"% Ad% *e!% 1:9. "ut see 1 ?hart, 11:% <ee generally, 1 Cent, (o % 111-118. Bac% A"% ;aster and <erva"t. 1 <aund% *% :1:, n% 1, 1, :, and 8. : *awle, *% :29 : 4in% A"% 1=. 1 Bouv% 0nst% n% :=6, et se#% +he law of 5rance on this su",ect is stri'ingly si ilar to our own% 7ardessus, Droit (o % n% 518-511% 6% A!!renticeshi! is a relation which cannot "e assigned at the co on law 5 Bin% 818 8 +% *% :9:. Doug% 92 : Ce"le, 51=. 11 ;od% 558. although the a!!rentice ay wor' with a second aster "y order and consent of the first, which is a service to the first under the indenture% 8 +% *% :9:% But, in 7ennsylvania and so e other states the assign ent of indentures of a!!renticeshi! is authori3ed "y statute% 1 <erg% ) *% 18=. : <erg% ) *% 161, 168, 166% APPRI3IN5% A na e for an action in the <cotch law, "y which a creditor for erly carried off the estates of his de"tor in !ay ent of de"ts due to hi in lieu of which, ad,udications are now resorted to% APPROBATE AND REPROBATE% 0n <cotland this ter is used to signify to a!!rove and re,ect% 0t is a a-i #uod a!!ro"o non re!ro"o% 5or e-a !le, if a testator give his !ro!erty to A, and give A's !ro!erty to B, A shall not "e at li"erty to a!!rove of the will so far as the legacy is given to hi , and re,ect it as to the "e#uest of his !ro!erty to B in other words, he cannot a!!rove and re,ect the will% 1 Bligh% 11. 1 Bell's (o % 186% APPROPRIATION, contracts% +he a!!lication of the !ay ent of a su "y a de"tor to his creditor, to one of several de"ts% of oney, ade

1% ?hen a voluntary !ay ent is ade, the law !er its the de"tor in the first !lace, or, if he a'e no choice, then it allows the creditor to a'e an a!!ro!riation of such !ay ent to either of several de"ts which are due "y the de"tor to the creditor% And if neither a'e an a!!ro!riation, then the law a'es the a!!lication of such !ay ent% +his rule does not a!!ly to !ay ents ade under co !ulsory !rocess of law% 12 7ic'% 11=% 0t will "e !ro!er to consider, 1, when the de"tor ay a'e the a!!ro!riation. 1, when the creditor ay a'e it. :, when it will "e ade "y law% :% A 1% 0n general the a!!ro!riation ay "e ade "y the de"tor, "ut this ust "e done "y his e-!ress declaration, or "y circu stances fro which his intentions can "e inferred% 1 (% ;% ) *% 91:. 18 East, 1:=. 1 +yrw% ) Fr% 1:9. 15 ?end% 1=. 5 +aunt% 9 ?heat% 1:. 1 Ear% ) Fill, 15=. <% (% 8 Fill ) @ohns% :61. 1 Bi"", ::8. 5 ?atts, 588. 11 7ic'% 86:. 12 7ic'% 881. 1 Bailey, 619. 8 ;ass% 6=1. 19 ;ass% 595% +his a!!ro!riation, it see s, ust "e notified to the creditor at the ti e. for an entry ade "y the de"tor in his own "oo's, is not alone sufficient to deter ine the a!!lication of the !ay ent% 1 4ern% 626. 8 B% ) (% 915% 0n so e cases, in conse#uence of the circu stances, the !resu !tion will "e that the !ay ent was ade on account of one de"t, in !reference to another% : (aines, 18. 1 <tar'% *% 121% And in so e cases the de"tor has no right to a'e the a!!ro!riation, as, for e-a !le, to a!!ly 8 !artial !ay ent to the li#uidation of the !rinci!al, when interest is due% 1 Dall% 118. 1 6% ) @% 958. 1 /% ) ;'(% :=5. 1 7ic'% 1=8. 19 ;ass% 819% 8% A 1% ?hen the de"tor has neglected to a'e an a!!ro!riation, the creditor ay, in general, a'e it, "ut this is su",ect to so e e-ce!tions% 0f, for e-a !le, the de"tor owes a de"t as e-ecutor, and one in his own right, the creditor cannot a!!ro!riate a !ay ent to the li#uidation of the for er, "ecause that ay de!end on the #uestion of assets% 1 <tr% 11=8% <ee 1 ;% ) ;al'% 82. = (owen, 82=. 1 <tar'% *% 98. 1 (% ) ;ees% ::% 5% +hough it is not clearly settled in England whether a creditor is "ound to a'e the a!!ro!riation i ediately, or at a su"se#uent ti e Ellis on D% and (% 826-828 yet in the Enited <tates, the right to a'e the a!!lication at any ti e has "een recogni3ed, and the creditor is not "ound to a'e an i ediate election% 8 (ranch, :19. = (owen, 812, 8:6% <ee 11 <% ) *% :21 1 B% ) (% 65. 1 4er % 18:. 12 (onn% 196% 6% ?hen once ade, the a!!ro!riation cannot "e changed. and, rendering an account, or "ringing suit and declaring in a !articular way, is evidence of such a!!ro!riation% 1 ?ash% 118 : Freen% :18. 11 APPROPRIATION, contracts% +he a!!lication of the !ay ent of a su "y a de"tor to his creditor, to one of several de"ts% of oney, ade

1% ?hen a voluntary !ay ent is ade, the law !er its the de"tor in the first !lace, or, if he a'e no choice, then it allows the creditor to a'e an a!!ro!riation of such !ay ent to either of several de"ts which are due "y the de"tor to the creditor% And if neither a'e an a!!ro!riation, then the law a'es the a!!lication of such !ay ent% +his rule does not a!!ly to !ay ents ade under co !ulsory !rocess of law% 12 7ic'% 11=% 0t will "e !ro!er to consider, 1, when the de"tor ay a'e the a!!ro!riation. 1, when the creditor ay a'e it. :, when it will "e ade "y law% :% A 1% 0n general the a!!ro!riation ay "e ade "y the de"tor, "ut this ust "e done "y his e-!ress declaration, or "y circu stances fro which his intentions can "e inferred% 1 (% ;% ) *% 91:. 18 East, 1:=. 1 +yrw% ) Fr% 1:9. 15 ?end% 1=. 5 +aunt% 9 ?heat% 1:. 1

Ear% ) Fill, 15=. <% (% 8 Fill ) @ohns% :61. 1 Bi"", ::8. 5 ?atts, 588. 11 7ic'% 86:. 12 7ic'% 881. 1 Bailey, 619. 8 ;ass% 6=1. 19 ;ass% 595% +his a!!ro!riation, it see s, ust "e notified to the creditor at the ti e. for an entry ade "y the de"tor in his own "oo's, is not alone sufficient to deter ine the a!!lication of the !ay ent% 1 4ern% 626. 8 B% ) (% 915% 0n so e cases, in conse#uence of the circu stances, the !resu !tion will "e that the !ay ent was ade on account of one de"t, in !reference to another% : (aines, 18. 1 <tar'% *% 121% And in so e cases the de"tor has no right to a'e the a!!ro!riation, as, for e-a !le, to a!!ly 8 !artial !ay ent to the li#uidation of the !rinci!al, when interest is due% 1 Dall% 118. 1 6% ) @% 958. 1 /% ) ;'(% :=5. 1 7ic'% 1=8. 19 ;ass% 819% 8% A 1% ?hen the de"tor has neglected to a'e an a!!ro!riation, the creditor ay, in general, a'e it, "ut this is su",ect to so e e-ce!tions% 0f, for e-a !le, the de"tor owes a de"t as e-ecutor, and one in his own right, the creditor cannot a!!ro!riate a !ay ent to the li#uidation of the for er, "ecause that ay de!end on the #uestion of assets% 1 <tr% 11=8% <ee 1 ;% ) ;al'% 82. = (owen, 82=. 1 <tar'% *% 98. 1 (% ) ;ees% ::% 5% +hough it is not clearly settled in England whether a creditor is "ound to a'e the a!!ro!riation i ediately, or at a su"se#uent ti e Ellis on D% and (% 826-828 yet in the Enited <tates, the right to a'e the a!!lication at any ti e has "een recogni3ed, and the creditor is not "ound to a'e an i ediate election% 8 (ranch, :19. = (owen, 812, 8:6% <ee 11 <% ) *% :21 1 B% ) (% 65. 1 4er % 18:. 12 (onn% 196% 6% ?hen once ade, the a!!ro!riation cannot "e changed. and, rendering an account, or "ringing suit and declaring in a !articular way, is evidence of such a!!ro!riation% 1 ?ash% 118 : Freen% :18. 11 <he!l% 1=. 1 /% 6% *e!% 1=:. 1 *awle, :16. 5 ?atts, 588. 1 ?ash% (% (% 89. 1 Fil!% 126. 11 <% ) *% :25% 9% ?hen no a!!lication of the !ay ent has "een ade "y either !arty, the law will a!!ro!riate it, in such a way as to do ,ustice and e#uity to "oth !arties% 6 (ranch, 8, 18. 8 ;ason, :::. 1 <u n% ==, 111. 5 ;ason, 81. 1 /ev% ) ;an% 986. 5 Bligh, /% <% 1. 11 ;ass% :22.1 6% ) @% 958. 1 4ern% 18. 1 Bi""% ::8. 1 Dea% ) (hit% 5:8. 5 ;ason, 11% <ee 6 (ranch, 15:, 168. 9 (ranch, 595. 1 ;er% 591, 625. Burge on <ur% 116-1:8. 1 ;% ) ;% 82% <ee 1 Bouv 0nst% n% 8:18% 8% 0n Louisiana, "y statutory enact ent, (iv% (ode, art% 115=, et se#%, it is !rovided that the de"tor of several de"ts has a right to declare, when he a'es a !ay ent, what de"t he eans to discharge% +he de"tor of a de"t which "ears interest or !roduces rents, cannot, without the consent of the creditor, i !ute to the reduction of the ca!ital, any !ay ent he ay a'e, when there is interest or rent due% ?hen the de"tor of several de"ts has acce!ted a recei!t, "y which the creditor has i !uted what he has received to one of the de"ts es!ecially, the de"tor can no longer re#uire the i !utation to "e ade to a different de"t, unless there have "een fraud or sur!rise on the !art of the creditor% ?hen the recei!t "ears no i !utation, the !ay ent ust "e i !uted to the de"t which the de"tor had at the ti e ost interest in discharging of those that are e#ually due, otherwise to the de"t which has fallen due, though less "urdenso e than those which are not yet !aya"le% 0f the de"ts "e of a li'e nature, the i !utation is ade to the less "urdenso e. if all things are e#ual, it is ade !ro!ortionally%G +his is a translation of the (odo /a!oleon, art% 115:-1156 slightly altered% <ee 7oth% D"l% n% 518 translated "y Evans, and the notes. Bac% A"% D"ligations, 5. 6 ?atts ) A er% Law ;ag% :1. 1 6are ) ?all% <el% Dec% 11:-158% APPROPRIATION, eccl% law% +he setting a!art an ecclesiastical "enefice, which is the

general !ro!erty of the church, to the !er!etual and !ro!er use of so e religious house, "isho! or college, dean and cha!ter and the li'e% Ayl% 7at% 86% <ee the for of an a!!ro!riation in @aco"'s 0ntrod% 811% TO APPROVE, a!!ro"are% +o increase the !rofits u!on a thing. as to a!!rove land "y increasing the rent% 1 0nst% 988% APPROVEMENT, English cri % law% +he act "y which a !erson indicted of treason or felony, and arraigned for the sa e, confesses the sa e "efore any !lea !leaded, and accuses others, his acco !lices, of the sa e cri e, in order to o"tain his !ardon% 1 +his !ractice is disused% 8 Bl% (o % ::2 1 7hil% Ev% :9% 0n odern !ractice, an acco !lice is !er itted to give evidence against his associates% = (owen, *% 929. 1 4irg% (as% 8=2. 8 ;ass% *% 156. 11 ;ass% *% 12. 8 ?ash% (% (% *% 818. 1 Dev% *% :6:. 1 (ity 6all *ec% 8% 0n 4er ont, on a trial for adultery, it was held that a !artice!s cri inis was not a co !etent witness, "ecause no !erson can "e allowed to testify his own guilt or tur!itude to convict another% /% (ha!% *% =% APPROVEMENT, English law% 1% +he inclosing of co on land within the lord's waste, so as to leave egress and regress to a tenant who is a co oner% 1% +he aug entation of the !rofits of land% <tat% of ;erton, 12 6en% 4000%. 5% /% B% 91 (ro !t% @us% 152. 1 Lilly's *eg% 112% APPROVER, Bngl% cri % law% Dne confessing hi self guilty of felony, and a!!roving others of the sa e cri e to save hi self% (ro !t% 0nst% 152 : 0nst% 11=% APPURTENANCES% 0n co on !arlance and legal acce!tation, is used to signify so ething "elonging to another thing as !rinci!al, and which !asses as incident to the !rinci!al thing% 12 7eters, *% 15. Angell, ?at% (% 8:. 1 <erg% ) *awle, 16=. 5 <% ) *% 112. 5 <% ) *% 129. (ro% @ac% 111 : <aund% 821, n% 1. ?ood's 0nst% 111 *awle, *% :81. 1 7% ? s% 62:. (ro% @ac% 516. 1 (o% :1. (o% Litt% 5 ", 56 a, ". 1 7lowd% 191. 1 <aund% 821, n% 1. 1 Lev% 1:1. 1 <id% 111. 1 Bos% ) 7% :91 1 (r% ) ;% 8:=. 8 Ad%, ) Ell% 961. 1 /ev% ) ;% 519. 5 +oull% n% 5:1% 1% +he word a!!urtenances, at least in a deed, will not !ass any cor!oreal real !ro!erty, "ut only incor!oreal ease ents, or rights and !rivileges% (o% Lit% 111. 8 B% ) (% 152. 6 Bing% 152. 1 (hit% 7r% 15:, 8% 4ide A!!endant% APPURTENANT% Belonging to. !ertaining to of right% A4UA% ?ater% +his word is used in co !osition, as a#uae ductus, )c% 1% 0t is a rule that water "elongs to the land which it covers, when it is stationaryB a#ua cedit solo% But the owner of running water, or of a water course, cannot sto! it the inferior inheritance having a right to the flowB a#ua currit et de"et currere, ut currere sole"at% A4UAE DUCTUS, civil law% +he na e of a servitude which consists in the right to carry water "y eans of !i!es or conduits over or through the estate of another% Dig% 8, :, 1. 0nst% 1, :. Lalaure, Des <erv% c% 5, !% 1:% A4UAE HAUSTUS, civil law% +he na e of a servitude which consists in the right to draw water fro the fountain, !ool, or s!ring of another% 0nst% 1, :, 1. Dig% 8, :, 1, 1% A4UAE IMMITTENDAE, (ivil law% +he na e of a servitude, which fre#uently occurs a ong neigh"ors% 0t is the right which the owner of a house, "uilt in such a anner as to "e surrounded with other "uildings, so that it has no outlet for its waters, has, to cast water out of his windows on his neigh"or's roof court or soil% Lalaure, Des% <erv% 1:%

A4UA5IUM, i% e% a#uae agiu % 1% A water course% 1% A toll for water% A4UATIC RI5HTS% +his is the na e of those rights which individuals have in water, whether it "e running, or otherwise% ARBITER% Dne who, decides without any control% A ,udge with the ar"itrary !owers. an ar"itrator% ARBITRAMENT% A ter nearly synony ous with ar"itration% $#% v%& ost e-tensive

ARBITRAMENT AND AWARD% +he na e of a !lea to an action "rought for the sa e cause which had "een su" itted to ar"itration, and on which an award had "een ade% ?ats% on Ar"% 156% ARBITRARY% ?hat de!ends on the will of the ,udge, not regulated or esta"lished "y law% Bacon $A!hor% 8& says, D!ti a le- #uae ini u relin#uit ar"itrio ,udicis et $A!h% 86& o!ti us ,ude-, #ui i ni u si"i 1% 0n all well ad,usted syste s of law every thing is regulated, and nothing ar"itrary can "e allowed. "ut there is a discretion which is so eti es allowed "y law which leaves the ,udge free to act as he !leases to a certain e-tent% <ee Discretion ARBITRARY PUNISHMENTS, !ractice% +hose !unish ents which are left to the decision of the ,udge, in distinctiou fro those which are defined "y statute% ARBITRATION, !ractice% A reference and su" ission of a atter in dis!ute concerning !ro!erty, or of a !ersonal wrong, to the decision of one or ore !ersons as ar"itrators% 1% +hey are voluntary or co !ulsory% +he voluntary are, 1% +hose ade "y utual consent, in which the !arties select ar"itrators, and "ind the selves "y "ond a"ide "y their decision. these are ade without any rule of court% : Bl% (o % 16% :% A 1% +hose which are ade in a cause de!ending in court, "y a rule of court, "efore trial. these are ar"itrators at co on law, and the award is enforced "y attach ent% Cyd on Awards, 11% 8% A :% +hose which are ade "y virtue of the statute, = ) l2 ?ill% 000%, c% 15, "y which it is agreed to refer a atter in dis!ute not then in court, to ar"itrators, and agree that the su" ission "e ade a rule of court, which is enforced as if it had "een ade a rule of court. Cyd on Aw% 11. there are two other voluntary ar"itrations which are !eculiar to 7ennsylvania% 5% A 8% +he first of these is the ar"itration under the act of @une 16, 18:6, which !rovides that the !arties to, any suit ay consent to a rule of court for referring all atters of fact in controversy to referees, reserving all atters of law for the decision of the court, and the re!ort of the referees shall have the effect of a s!ecial verdict, which is to "e !roceeded u!on "y the court as a s!ecial verdict, and either !arty ay have a writ of error to the ,udg ent entered thereu!on 6% A 5% +hose "y virtue of the act of 1826, which authori3es G any !erson or !ersons desirous of settling any dis!ute or controversy, "y the selves, their agents or attorneys, to enter into an agree ent in writing, or refer such dis!ute or controversy to certain !ersons to "e "y the utually chosen. and it shall "e the duty of the referees to a'e out an award and deliver12it to the !arty in whose favor it shall "e ade, together with the written agree ent entered into "y the !arties. and it shall "e the duty of the

!rothonotary, on the affidavit of a su"scri"ing witness to the agree ent, that it was duly e-ecuted "y the !arties, to file the sa e in 0iis office. and on the agree ent "eing so filed as aforesaid, he shall enter the award on record, which shall "e as availa"le in law as an award ade under a reference issued "y the court, or entered on the doc'et "y the !arties%G 9% (o !ulsory ar"itrations are !erha!s confined to 7ennsylvania% Either !arty in a civil suit or action,, or his attorney, ay enter at the !rothonotary's office a rule of reference, wherein "e shall declare his deter ination to have ar"itrators chosen, on a day certain to "e entioned therein, not e-ceeding thirty days, for the trial of all atters in variance in the suit "etween the !arties% A co!y of this rule is served on the o!!osite !arty% Dn the day% a!!ointed they eet at the !rothonotary's, and endeavor to agree u!on ar"itrators. if they cannot, the !rothonotary a'es out a list on whic" are inscri"ed the na es of a nu "er of citi3ens, and the !arties alternately stri'e each one of the fro the list, "eginning with the !laintiff, until there are "ut the nu "er agreed u!on or fi-ed "y the !rothonotary left, who are to "e the ar"itrators. a ti e of eeting is then agreed u!on or a!!ointed "y the !rothonotary, when the !arties cannot agree, A at which ti e the ar"itrators, after "eing sworn or affir and e#uita"ly to try all atters in variance su" itted to the , !roceed to "ear and decide the case. their award is filed in the office of the !rothonotary, and has the effect of a ,udg ent, su",ect, however, to a!!eal, which ay "e entered at any ti e within twenty days after the filing of such award% Act of 16th @une, 18:6, 7a !hl% !% 915% 8% +his is so ewhat si ilar to the ar"itrations of the *o ans. there the !raetor selected fro a list Df citi3ens ade for the !ur!ose, one or ore !ersons, who were authori3ed to decide all suits su" itted to the , and which had "een "rought "efore hi . the authority which the !roctor gave the conferred on the a !u"lic character and their ,udg ents were without a!!eal +oull% Dr% (iv% 5r% liv% :, t% :, ch% 8, n% 812% <ee generally, Cyd on Awards. (aldwel on Ar"itrations. Bac% A"% h% t%. 1 <al'% *% 6=, 92-95. 1 <aund% *% 1::, n 9. 1 <ell% 7r% 181. Doct% 70% =6. : 4in% A"% 82. : Bouv% 0nst% n% 1881% ARBITRATOR% A !rivate e-traordinary ,udge chosen "y the !arties who have a atter in dis!ute, invested with !ower to decide the sa e% Ar"itrators are so called "ecause they have generally an ar"itrary !ower, there "eing in co on no a!!eal fro their sentences, which are called awards% 4ide (aldw% on Ar"% 0nde-,% h% t%. Cyd on Awards, 0nde-, h% t% : Bouv% 0nst% n% 18=1% ARBOR CONSAN5UINITATIS% A ta"le, for ed in the sha!e of a tree, in order to show the genealogy of a fa ily% +he !rogenitor is !laced "eneath, as if for the root or ste the !ersons descended fro hi are re!resented "y the "ranches, one for each descendant% 5or e-a !le B if it "e desired to for the genealogical tree of 7eter's fa ily, 7eter will "e ade the trun' of the tree. if he has two sons, @ohn and @a es, their na es will "e written on the first two "ranches, which will the selves shoot as any twigs as @ohn and @a es have children. these will !roduce others, till the whole fa ily shall "e re!resented on the tree% ARCHAIONOMIA% +he na e of a collection of <a-on laws, !u"lished during the reign of the English Hueen Eli3a"eth, in the <a-on language, with a Latin version, "y ;r% La "ard% Dr% ?il'ins enlarged this% collection in his wor', entitled Leges Anglo <a-onicae, containing all the <a-on laws e-tant, together with those ascri"ed to Edward

the (onfessor, in Latin. those of ?illia the (on#ueror, in /or an and Latin. and of 6enry 0%, <te!hen, and 6enry 00%, in Latin% ARCHBISHOP, eccl% law% +he chief of the clergy of a whole !rovince% 6e has the, ins!ection of the "isho!s of that !rovince, as well as of the inferior clergy, and ay de!rive the on notorious cause% +he arch"isho! has also his own diocese, in which he e-ercises, e!isco!al ,urisdiction, as in his !rovince he e-ercises archie!isco!al authority% 1 Bl% (o % :82. L% *ay % 581. (ode, 1, 1% ARCHES COURT% +he na e of one of the English ecclesiastical courts% 4ide (ourt of Arches% ARCHIVES% Ancient c"arters or titles, which concern a nation, state, or co unity, in their rights or !rivileges% +he !lace where the archives are 'e!t "ears the sa e na e% @aco", L% D% h% t%. ;erl% *e!% h% t% ARCHIVIST% Dne to whose care the archives have "een confided% ARE% A 5rench easure of surface% +his is a s#uare, the sides of which are of the length of ten etres% +he are is e#ual to 1296%881 s#uare feet% 4ide ;easure% AREA% An enclosed yard or o!ening in a house. an o!en !lace ad,oining to a house% 1 (hit% 7r% 196% AREOPA5ITE% A senator, or a ,udge of the Areo!agus% <olon first esta"lished the Areo!agites. although so e say, they were esta"lished in the ti e of (ecro!s, $Anno ;undi, 155:,& the year that Aaron, the "rother of ;oses, died. that Draco a"olished the order, and <olon reesta"lished it% De osthenes, in his harangue against Aristocrates, "efore the Areo!agus, s!ea's of the founders of that tri"unal as un'nown% <ee Acts of the A!ostles, -viii% :8% AREOPA5US% A tri"unal esta"lished in ancient Athens, "ore this na e% 0t is variously re!resented. so e considered as having "een a odel of ,ustice and !erfection, while others loo' u!on it as an aristocratic court, which had a very e-tended ,urisdiction over all cri es and offences, and which e-ercised an a"solute !ower% <ee Acts 19, 1= and 11% AR5ENTUM ALBUM% ?hite oney. silver coin% <ee Al"a 5ir a, AR5UMENT, !ractice% (icero defines it ii !ro"a"le reason !ro!osed in order to induce "elief% *atio !ro"a"ilis et idonea ad facienda fide % +he logicians define it ore scientifically to "e a eans, which "y its conne-ion "etween two e-tre es& esta"lishes a relation "etween the % +his su",ect "elongs rather to rhetoric and logio than to law% AR5UMENT LIST% A list of cases !ut down for the argu ent of so e !oint of law% AR5UMENTATIVENESS% ?hat is used "y way of reasoning in !leading is so called% 1% 0t is a rule that !leadings ust not "e argu entative% 5or e-a !le, when a defendant is sued for ta'ing away the goods of the !laintiff, he ust not !lead that Gthe !laintiff never had any goods,G "ecause although this ay "e an infalli"le argu ent it is not a good !lea% +he !lea should "e not guilty% (o % Dig% 7leader * :. Dougl% 62. (o% Litt% 116 a% AR5UMENTUM AB INCONVENIENTI% An argu ent arising fro the inconvenience which the construction of the law would create, is to have effect only in a case where the law is dou"tful where the law is certain, such an argu ent is of no force%

Bac% A"% Baron and 5e e, 6% ARISTOCRACY% +hat for of govern ent in which the sovereign !ower is e-ercised "y a s all nu "er of !ersons to the e-clusion of the re ainder of the !eo!le% ARISTODEMOCRACY% A for of govern ent where the !ower is divided "etween the great en of the nation and the !eo!le% AR7ANSAS% +he na e of one of the new states of the Enited <tates% 0t was ad itted into the Enion "y the act of congress of @une 15th, 18:6, 8 <harsw% cont% of <tory's L% E% <% 1888, "y which it is declared that the state of Ar'ansas shall "e one, and is here"y declared to "e one of the Enited <tates of A erica, and ad itted into the Enion on an e#ual footing with the original states in all res!ects whatever% 1% A convention asse "led at Little *oc', on ;onday, the 8th day of @anuary, 18:6, for the !ur!ose of for ing a constitution, "y which it is declared that G ?e, the !eo!le of the +erritory of Ar'ansas, "y our re!resentatives in convention asse "led, in order to secure to ourselves and our !osterity the en,oy ents of all the rights of life, li"erty and !ro!erty, and the free !ursuit of ha!!iness do utually agree with each other to for ourselves into a free and inde!endent state, "y the na e and style of Q+he <tate of Ar'ansas%' G +he constitution was finally ado!ted on the :2th day of @anuary, 18:6% :% +he !owers of the govern ent are divided into three de!art ents. each of the is confided to a se!arate "ody of agistry, to wit. those which are legislative, to one. those which are e-ecutive, to another and those which are ,udicial, to a third% 8% A 1% +he legislative authority of the state is vested in a general asse "ly, which consists of a senate and house of re!resentatives% Each house shall a!!oint its own officers, and shall ,udge of the #ualifications, returns and elections of its own e "ers% +wo-thirds of each shall constitute a #uoru to do "usiness, "ut a s aller nu "er ay ad,ourn fro day to day, and co !el the attendance of a"sent e "ers, in such anner, and under such !enalties, as each house shall !rovide% <ect% 15% Each house ay deter ine the rules of its own !roceedings, !unish its own e "ers for disorderly "ehaviour, and with the concurrence of two-thirds of the e "ers elected, e-!el a e "er. "ut no e "er shall "e e-!elled a second ti e for the sa e offence% +hey shall each fro ti e to ti e !u"lish a ,ournal of their !roceedings, e-ce!t such !arts as, in their o!inion, re#uire secrecy. and the yeas and nays shall "e entered on the ,ournal, at the desire of any five e "ers% <ect% 16% 5% +he doors of each house while in session, or in a co ittee of the whole shall "e 'e!t o!en, e-ce!t in cases which ay re#uire secrecy. and each house ay !unish "y fine and i !rison ent, any !erson, not a e "er, who shall "e guilty of disres!ect to the house, "y any disorderly or conte !tuous "ehaviour in their !resence, during, their session. "ut such i !rison ent shall not e-tend "eyond the final ad,ourn ent of that session% <ect% 19% 6% Bills ay originate in either house, and "e a ended or re,ected in the other and every "ill shall "e read on three different days in each house, unless two-thirds of, the house where the sa e is !ending shall dis!ense with the rules B and every "ill having !assed "oth houses shall "e signed "y the !resident of the senate, and the s!ea'er of the house of re!resentatives% <ect% 81%

9% ?henever an officer, civil or ilitary, shall "e a!!ointed "y the ,oint concurrent vote of "oth houses, or "y the se!arate vote of either house of the general asse "ly, the vote shall "e ta'en viva voce, and entered on the ,ournal% <ect% 1=% 8% +he senators and re!resentatives shall, in all cases e-ce!t treason, felony, or "reach of the !eace, "e !rivileged fro arrest, during the session of the general asse "ly, and for fifteen days "efore the co ence ent and after the ter ination of each session. and for any s!eech or de"ate in either house, they shall not "e #uestioned in any other !lace% <ect% 12% =% +he e "ers of the general asse "ly shall severally receive, fro the !u"lic treasury, co !ensation for their services, which ay "e increased or di inished. "ut no alteration of such co !ensation of e "ers shall ta'e effect during the session at which it is ade% <ect% 11% 12% A 1% +he senate shall never consist of less than seventeen nor ore than thirty-three e "ers% Art% 8, <ect% :1% +he e "ers shall "e chosen for four years, "y the #ualified electors of the several districts% Art% 8, <ect% 5% /o !erson shall "e a senator who shall not have attained the age of thirty years. ?ho shall not "e a free white ale citi3en of the Enited <tates. who shall not have "een an inha"itant of this state for one year. and who shall not, at the ti e of his election, have an actual residence in the district he ay "e chosen to re!resent% Art% 8, <ect% 6% 11% All i !each ents shall "e tried "y the senate. and when sitting for that !ur!ose, the senators shall "e on oath or affir ation to do ,ustice according to law and evidence% ?hen the governor shall "e tried, the chief ,ustice of the su!re e court shall !reside. and no !erson shall "e convicted without the concurrence of two-thirds of the senators elected% Art% 8, <ect% 19% 11% A 1% +he house of re!resentatives shall consist of not less than fifty-four, nor ore than one hundred re!resentatives, to "e a!!ortioned a ong the several counties in this state, according to the nu "er of free white ale inha"itants therein, ta'ing five hundred as the ratio, until the nu "er of re!resentatives a ounts to seventy-five. and when they a ount to seventy-five, they shall not "e further increased until the !o!ulation of the state a ounts to five hundred thousand souls% 7rovided that each county now organi3ed shall, although its !o!ulation ay not give the e-isting ratio, always "e entitled to one re!resentative% +he e "ers are chosen every second year, "y the #ualified electors of the several counties% Art% 8, <ect% 1% 1:% +he #ualification of an elector is as followsB he ust 1, "e a free, white ale citi3en of the Enited <tates. 1, have attained the age of twenty-one years. :, have "een a citi3en of this state si- onths. 8, "e ust actually reside in the county, or district where he votes for an office ade elective under this state or the Enited <tates% But no soldier, sea an, or arine, in the ar y of the Enited <tates, shall "e entitled to vote at any election within this state% Art% 8, <ect% 1% 18% /o !erson shall "e a e "er of the house of re!resentatives, who shall not have attained the age of twenty-five years. who shall not "e a free, white ale citi3en of the Enited <tates. who shall not have "een an inha"itant of this state one year. and who shall not, at the ti e of his election, have an, actual residence in the county he ay "e chosen to re!resent% Art% 8, <ect% 8%

15% +he house of re!resentatives shall have the sole !ower of i !each ent% Art% 8, <ect% 19% 16% 1% +he su!re e e-ecutive !ower of this state is vested in a chief styled G +he Fovernor of the <tate of Ar'ansas%G Art% 5, <ect% 1% 19% A 1% 6e is elected "y the electors of the re!resentatives% 18% A 1% 6e ust "e thirty years of age a native "orn citi3en of Ar'ansas, or a native "orn citi3en of the Enited <tates, or a resident of Ar'ansas ten years !revious to the ado!tion of this constitution, if not a native of the Enited <tates. and, shall have "een a resident of the sa e at least four years ne-t "efore his election% Art% 8, s% 8% 1=% A :% +he governor holds his office for the ter of four years fro the ti e of, his installation, and until his successor shall "e duly #ualified. "ut he is not eligi"le for ore than eight years in any ter of twelve years% Art% 5, sect% 8% 12% A 8% 6is !rinci!al duties are enu erated in the fifth article of the constitution, and are as followsB 6e <hall "e co ander-in-chief of the ar y of this state, and of the ilitia thereof, e-ce!t when they shall "e called into the service of the Enited <tates. s% 6B 6e ay re#uire infor ation, in writing, fro the officers of the e-ecutive de!art ent, on any su",ect relating to the duties of their res!ective offices. s% 9% 6e ay "y !rocla ation, on e-traordinary occasions, convene the general asse "ly, at the seat of govern ent, or at a different !lace, if that shall have "eco e, since their last ad,ourn ent, dangerous fro an ene y, or fro contagious diseases% 0n case of disagree ent "etween the two houses, with res!ect to the ti e of ad,ourn ent, he ay ad,ourn the to such ti e as he shall thin' !ro!er, not "eyond the day of the ne-t eeting of the general asse "ly. s, 8% 6e shall, fro ti e to ti e, give to the general asse "ly infor ation of the state of the govern ent, and reco end to their consideration such easures as he ay dee e-!edient. s% =% 6e shall ta'e care that the laws "e faithfully e-ecuted s% 12% 0n all cri inal and !enal cases, e-ce!t those of treason and i !each ent, he shall have !ower to grant !ardons, after conviction, and re it fines and forfeitures, under such rules and regulations as shall "e !rescri"ed "y law in cases of treason, he shall have !ower, "y and with the advice and consent of the senate, to grant re!rieve sand !ardons. and he ay, in the recess of the senate, res!ite the sentence until the end of the ne-t session of the general asse "ly s% 11% 6e is the 'ee!er of the seal of the' state, which is to "e used "y hi officially. s% 11% Every "ill which shall have !assed "oth houses, shall "e !resented to the governor% 0f he a!!rove, he shall sign it. "ut if he shall not a!!rove it, he shall return it, with his o",ections, to the house in which it <hall have originated, who shall enter his o",ections at large u!on their ,ournals, and !roceed to reconsider it% 0f, after such reconsideration, a a,ority of the whole nu "er elected to that house shall agree to !ass the "ill, it shall "e sent, with the o",ections, to the other house, "y which, li'ewise, it shall "e reconsidered. and if a!!roved "y a a,ority of the whole nu "er elected to that house it shall "e a law. "ut in such cases, the votes of "oth houses shall "e deter ined "y yeas and nays. and the na es of !ersons voting for or against the "ill, shall "e entered on the ,ournals of each house res!ectively% 0f the "ill shall not "e returned "y the governor within three days, <undays e-ce!ted, after it shall have "een !resented to hi , the sa e shall "e a law, in li'e anner as if "e had signed it, unless the general asse "ly, "y their ad,ourn ent, !revent its return. in such case it shall not "e a law. s% 16% 5% 0n case of the i !each ent of the governor, his re oval fro office, death, refusal to #ualify, or agistrate, who is

a"sence fro the state, the !resident of the senate shall e-ercise all the authority a!!ertaining to the office of governor, until another governor shall have "een elected and #ualified, or until the governor a"sent or i !eached, shall return or "e ac#uitted. s% 18% 0f, during the vacancy of the office of governor, the !resident of the senate shall "e i !eached, re oved fro office, refuse to #ualify, resign, die, or "e a"sent fro the state, the s!ea'er of the house of re!resentatives shall, in li'e anner, ad inister the govern ent. s% 1=% 1l% A :% +he ,udicial !ower of this state is vested "y the si-th article of the constitution, as follows 11% A 1% +he ,udicial !ower of this state shall "e vested in one su!re e court, in circuit courts, in county courts, and in ,ustices of the !eace% +he general asse "ly ay also vest such ,urisdiction as ay "e dee ed necessary, in cor!oration courts. and, when they dee it e-!edient, ay esta"lish courts of chancery% 1:% A 1% +he su!re e court shall "e co !osed of three ,udges, one of who shall "e styled chief ,ustice, any two of who shall constitute a #uoru and the concurrence of any two of the said ,udges shall, in every case, "e necessary to a decision% +he su!re e court, e-ce!t in cases otherwise directed "y this constitution, shall have a!!ellate ,urisdiction only, which shall "e coe-tensive with the state, under such rules and regulations as ay, fro ti e to ti e, "e !rescri"ed "y law. it shall have a general su!erintending control over all inferior and other courts of law and e#uity it shall have !ower to issue writs of error and Bu!ersedeas, certiorari and ha"eas cor!us, anda us, and #uo warranto, and other re edial writs, and to hear and deter ine the sa e. said ,udges shall "e conservators of the !eace throughout the state, and shall severally have !ower to issue any of the aforesaid writs% 18% A :% +he circuit court shall have ,urisdiction over all cri inal cases whic" shall not "e otherwise !rovided for "y law and e-clusive original ,urisdiction of all cri es a ounting to felony%at co on law. and original ,urisdiction of all civil cases which shall not "e cogni3a"le "efore ,ustices of the !eace, until otherwise directed "y the general asse "ly. and original ,urisdiction in all atters of contract& when the su in controversy is over one hundred dollars% 0t shall hold its ter s at such !lace in each county, as ay "e "y law directed% 15% A 8% +he state shall "e divided into convenient circuits, each to consist of not less than five, nor ore than seven counties contiguous to each other, for each of which a ,udge shall "e elected, who, during his continuance in office, shall reside and "e a conservator of the !eace within the circuit for which he shall have "een elected% 16% A 5% +he circuit courts shall e-ercise a su!erintending control over the county courts, and over ,ustices of the !eace, in each county in their res!ective circuits. and shall have !ower to issue all the necessary writs to carry into effect their general and s!ecific !owers% 19% A 6% Entil the general asse "ly shall dee it e-!edient to esta"lish courts of chancery, the circuit courts shall have ,urisdiction in atters of e#uity, su",ect to a!!eal to the su!re e court, in such anner as ay "e !rescri"ed "y law% 18% A 9% +he general assera"ly shall, "y ,oint vote of "oth houses, elect the ,udges of the su!re e and circuit courts, a a,ority of the whole nu "er in ,oint vote "eing necessary

to a choice% +he ,udges of the su!re e court shall "e at least thirty years of age. they shall hold their offices for eight years fro the date of their co issions% +he ,udges of the circuit courts shall "e at least twenty-five years of age, and shall "e elected for the ter of four years fro the date of their co issions% 1=% A 8% +here shall "e esta"lished in each county, a court to "e holden "y the ,ustices of the !eace, and called the county court, which shall have ,urisdiction in all atters relating, to county ta-es, dishurse ents of oney for county !ur!oses, and in every other case that ay "e necessary to the internal i !rove ent and local concerns of the res!ective counties% :2% A =% +here shall "e elected "y the ,ustices of the !eace of the res!ective counties, a !residing ,udge of the county court, to "e co issioned "y the governor, and hold his office for the ter of two years, and until his successor is elected or #ualified% 6e shall, in addition to the duties that ay "e re#uired of hi "y law, as !residing ,udge of the county court, "e a ,udge of the court of !ro"ate, and have such ,urisdiction in atters relative to the estates of deceased !ersons, e-ecutors, ad inistrators, and guardians, as ay "e !rescri"ed "y law, until otherwise directed "y the general asse "ly% :1% A 12% /o ,udge shall !reside in the trial of any cause, in the event of which he ay "e interested, or where either of the !arties shall "e connected with hi "y affinity or consanguinity, within such degrees as ay "e !roscri"ed "y law, or in which he shall have "een of counsel, or have !resided in any inferior court, e-ce!t "y consent of all the !arties% :1% A 11% +he #ualified voters in each townshi! shall elect the ,ustices of the !eace for their res!ective townshi!s% 5or every fifty voters there ay "e elected one ,ustice of the !eace, !rovided, that each townshi!, however s all, shall have two ,ustices of the !eace% @ustices of the !eace shall "e elected for two years, and shall "e co issioned "y the governor, and reside in the townshi!s for which they shall have "een elected, during their continuance in office% +hey shall have individually, or two or ore of the ,ointly, e-clusive original ,urisdiction in all atters of contract, e-ce!t in actions of covenant, where the su in controversy is of one hundred dollars and under% @ustices of the !eace shall in no case have ,urisdiction to try and deter ine any cri inal case or !enal offence against the state. "ut ay sit as e-a ining courts, and co it, disc"arge, or recogni3e to the court having ,urisdiction, for further trial, offenders against the !eace% 5or the foregoing !ur!oses they shall have !ower to issue all necessary !rocess they shall also "ave !ower to "ind to 'ee! the !eace, or for good "ehaviour% ARM OF THE SEA% Lord (o'e defines an ar of the sea to "e where the sea or tide flows or reflows% (onsta"le's (ase, 5 (o% 129% +his ter includes "ays, roads, cree's, coves, !orts, and rivers where the water flows and reflows, whether it "e salt or fresh% Ang% +ide ?at% 61% 4ide (ree'. 6aven. /aviga"le. 7ort. *eliction. *iver. *oad% ARMISTICE% A cessation of hostilities "etween "elligerent nations for a considera"le ti e% 0t is either !artial and local, or general% 0t differs fro a ere sus!ension of ar s which ta'es !lace to ena"le the two ar ies to "ury their dead, their chiefs to hold conferences or !our!arlers, and the li'e% 4attel, Droit des Fens, liv% :, c% 16, 1::% +he ter s truce, $#% v%& and ar istice, are so eti es used in the sa e sense% 4ide +ruce% ARMS% Any thing that a an wears for his defence, or ta'es in his hands, or uses in his

anger, to cast at, or stri'e at another% (o% Litt% 161 ", 161 a. (ro !t% @ust% 7% 65. (unn% Dict% h% t% 1% +he (onstitution of the Enited <tates, A end % art% 1, declares, Gthat a well regulated ilitia "eing necessary to the security of a free state, the right of the !eo!le to 'ee! and "ear ar s shall not "e infringed%G 0n Centuc'y, a statute G to !revent !ersons fro wearing concealed ar s,G has "een declared to "e unconstitutional. 1 Litt% *% =2. while in 0ndiana a si ilar statute has "een holden valid and constitutional% : Blac'f% *% 11=% 4ide <tory, (onst% A 188=, 18=2 A er% (iti3en, 196. 1 +uc'% Blac'% A!!% :22 *awle on (onst% 115% ARMS, heraldry% <igns of ar s, or drawings !ainted on shields, "anners, and the li'e% +he ar s of the Enited <tates are descri"ed in the *esolution of (ongress, of @une 12, 1981% 4ide <eal of the Enited <tates% ARPENT% A #uantity of land containing a 5rench acre% 8 6all's Law @ournal, 518% ARPENTATOR, fro ar!ent% A easurer or surveyor of land% ARRAI5NMENT, cri % law !ractice% <ignifies the calling of the defendant to the "ar of the court, to answer the accusation contained in the indict ent% 0t consists of three !arts% 1% A 1% (alling the defendant to the "ar "y his na e, and co anding hi to hold u! his hand. this is done for the !ur!ose of co !letely identifying the !risoner, as the !erson na ed in the indict ent. the holding12u! his hand is not, however, indis!ensa"le, for if the !risoner should refuse to do so, he ay "e identified "y any ad ission that he is the !erson intended% 1 Bl% *e!% :% :% A 1% +he reading of the indict ent to ena"le hi fully to understand, the charge to "e !roduced against hi . +he ode in which it is read is, after' saying, G A B, hold u! your hand,G to !roceed, Gyou stand indicted "y the na e of A B, late of, )c%, for that you on, )c%G and then go through the whole of the indict ent% 8% A :% After this is concluded, the cler' !roceeds to the third !art, "y adding, G 6ow say you, A B, are you guilty or not guiltyKG E!on this, if the !risoner, confesses the charge, the confession is recorded, and nothing further is done till ,udg ent if, on the contrary, he answers Gnot guiltyG, that !lea is entered for hi , and the cler' or attorney general, re!lies that he is guilty. when an issue is for ed% 4ide generally, Dalt% @% h% t%. Burn's @% h% t%. ?illia s. @% h% t%. 8 Bl% (o % :11. 6arg% <t% +r% 8 vol% 999, 661. 1 6ale, 11=. (ro% (% (% 9. 1 (hit% (r% Law, 818% ARRAMEUR, ariti e law% +he na e of an ancient officer of a !ort, whose "usiness was to load and unload vessels% 1% 0n the Laws of Dleron, art 11, $!u"lished in English in the A!!% to 1 7et% Ad % *% --v%& so e account of arra eurs will "e found in these wordsB G +here were for erly, in several !orts of Fuyenne, certain officers called arra eurs, or stowers, who were astercar!enters "y !rofession, and were !aid "y the erchants, who loaded the shi!% +heir "usiness was to dis!ose right, ana <tow closely, all goods in cas's, "ales, "o-es, "undles or otherwise to "alance "oth sides, to fill u! the vacant s!aces, and anage every thing to the "est advantage% 0t was riot "ut that the greatest !art of the shi!'s crew understood this as well as these stowers "ut they would not eddle with it, nor underta'e it, to avoid falling under the erchant's dis!leasure, or "eing accounta"le for any ill accident that

ight%ha!!en "y that eans% +here were also sac#uiers, who were very ancient officers, as ay "e seen in the 18th "oo' of the +heodosian code, Enica de <accariis 7ortus *o ae, li"% 18% +heir "usiness was to load and unload vessels loaded with salt, corn, or fish, to !revent the shi!'s crew defrauding the erchant "y false tale, or cheating hi of his erchandi3e otherwise%G <ee <ac#uier. <tevedore% ARRAS, <!an% law% +he !ro!erty contri"uted "y the hushand, ad sustinenda onera atri onii, is called arras% +he hushand is under no o"ligation to give arras, "ut it is a donation !urely voluntary% 6e is not !er itted to give in arras ore than a tenth of his !ro!erty% +he arras is the e-clusive !ro!erty of the wife, su",ect to the hushand's usufruct during his life% Burge on the (onfl% of Laws, 819% 1% By arras is also understood the donation which the hushand a'es to his wife, "y reason or on account of arriage, and in consideration of the dote, or !ortion, which "e receives fro her% Aso ) ;an% 0nst% h% t% 9, c% :% ARRAY, !ractice% +he whole "ody of ,urors su oned to attend a court, as they are arrayed or arranged on the !anel% 4ide (hallenges, and Dane's A"% 0nde-, h% t%. 1 (hit% (r% Law, 5:6. (o % Dig% (hallenge, B% ARREARA5E% ;oney re aining un!aid after it "eco es due as rent un!aid interest re aining due 7ow% ;ortgages, 0nde-, h% t%. a su of oney re aining in the hands of an accountant% ;erl% *e!% h% t%. Dane's A"% 0nde-, h% t% ARREST9:;B<1 To !$o0= $o !ei>e= $o "e0 ive one o, hi! *ibe $y by vi $ue o, *e?.* .u$ho i$y1 ARREST IN CIVIL CASES, !ractice% An arrest is the a!!rehension of a !erson "y virtue of a lawful authority, to answer the de and against hi in a civil action% 1% +o constitute an arrest, no actual force or anual touching of the "ody is re#uisite. it is sufficient if the !arty "e within the !ower of the officer, and su" it to the arrest% 1 /% 6% *e!% :18. 8 Dana, 1=2. : 6erring% 816. 1 Baldw% 1:=. 6ar!er, 85:. 8 Freenl% 119. 1 ?end% 115 1 Blac'f% 1=8% Barewords, however, will not a'e an arrest, without laying the !erson or otherwise confining hi % 1 6% 7% (% 11= 1 Burn's @ust% 188. 1 <al'% 9=% 0t is necessarily an assault, "ut not necessarily a "attery% (ases +e !% 6ardw% :22% :% Arrests are ade either on esne or final !rocess% An arrest on esne !rocess is ade in order that the defendant shall answer, after ,udg ent, to satisfy the clai of the !laintiff. on "eing arrested, the defendant is entitled to "e li"erated on giving sufficient "ail, which the officer is "ound to ta'e% 1% ?hen the arrest is on final !rocess, as a ca% sa%, the defendant cannot generally "e dis charged on "ail. and his discharge is considered as an esca!e% 4ide, generally, >elv% 1=, a, note. : Bl% (o % 188, n%. 1 <u!% to 4es% @r% :98. ?ats% on <her% 89. 11 East, 882. 18 E% (% L% *% 16=, note% 8% 0n all govern ents there are !ersons who are !rivileged fro arrest in civil cases% 0n the Enited <tates this !rivilege continues generally while the defendant re ains invested with a !articular character% ;e "ers of congress and of the state legislatures are e-e !ted while attending the res!ective asse "lies to which they "elong !arties and witnesses, while lawfully attending court. electors, while attending a !u"lic election. a "assadors and other foreign inisters. insolvent de"tors, when they have "een lawfully discharged. arried wo en, when sued u!on their contracts, are generally

!rivileged. and e-ecutors and ad inistrators, when sued in their re!resentative characters, generally en,oy the sa e !rivilege% +he !rivilege in favor of e "ers of congress, or of the state legislatures, of electors, and of !arties and witnesses in a cause, e-tend to the ti e of going to, re aining at, and returning fro , the !laces to which they are thus legally called% 5% +he code of civil !ractice of Louisiana enacts as follows, na elyB Art% 112% +he arrest is one of the eans which the law gives the creditor to secure the !erson of his de"tor while the suit is !ending, or to co !el hi to give security for his a!!earance after ,udg ent% Art% 111% ;inors of "oth se-es, whether e anci!ated or not, interdicted !ersons, and wo en, arried or single, cannot "e arrested% Art% 111% Any creditor, whose de"tor is a"out to leave the state, even for a li ited ti e, without leaving in it sufficient !ro!erty to satisfy the ,udg ent which he e-!ects to o"tain in the suit he intends to "ring against hi , ay have the !erson of such de"tor arrested and confined until he shall give sufficient security that "e shall not de!art fro the state without the leave of the court% Art% 11:% <uch arrest ay "e ordered in all de ands "rought for a de"t, whether li#uidated or not, when the ter of !ay ent has e-!ired, and even for da ages for any in,ury sustained "y the !laintiff in either his !erson or !ro!erty% Art% 118% 7revious to o"taining an order of arrest against his de"tor, to co !el hi to give sufficient security that "e shall not de!art fro the state, the creditor ust swear in the !etition which he !resents to that effect to any co !etent ,udge, that the de"t, or the da ages which he clai s, and the a ount of which he s!ecifies, is really due to hi , and that he verily "elieves that, the defendant is a"out to re ove fro the state, without leaving in it and lastly, that he does not ta'e this oath with the intention of ve-ing the defendant, "ut only in order to secure his de and% Art% 115% +he oath !rescri"ed in the !receding article, ulay "e ta'en either "y the creditor hi self, or in his a"sence, "y his attorney in fact or his agent, !rovided either the one or the other can swear to the de"t fro his !ersonal and direct 'nowledge of its "eing due, and not "y what he ay 'now or have learned fro the creditor he re!resent% Art% 116% +he oath which the creditor is re#uired to ta'e of the e-istence and nature of the de"t of which he clai s !ay ent, in the cases !rovided in the two !receding articles, ay "e ta'en either "efore any ,udge or ,ustice of the !eace of the !lace where the court is held, "efore which he sues, or "efore the ,udge of any other !lace, !rovided the signature of such ,udge "e !roved or duly authenticated% 4ide Auter action !endant. Lis !endensB 7rivilege. *ights% ARREST, in cri inal cases% +he a!!rehending or detaining of the !erson, in order to "e forthco ing to answer an alleged or sus!ected cri e% +he word arrest is ore !ro!erly used in civil cases, and a!!rehension in cri inal% A an is arrested under a ca!ias ad res!ondendu , a!!rehended under a warrant charging hi with a larceny% 1% 0t will "e convenient to consider, 1, who ay "e arrested. 1, for what cri es. :, at what ti e. 8, in what !laces. 5, "y who and "y what authority% :% A 1% ?ho ay "e arrested% Fenerally all !ersons !ro!erly accused of a cri e or isdea eanor, ay "e arrested. "y the laws of the Enited <tates, a "assadors $#% v%& and other !u"lic inisters are e-e !t fro arrest% 8% A 1% 5or what offences an arrest ay "e ade% 0t "reach of the !eace, or other isde eanor% ay "e ade for treason, felony,

5% A :% At what ti e% An arrest ay "e ade in the night as well as in the day ti e and for treasons, felonies, and "reaches of the !eace, on <unday as well as on other days% 0t ay "e ade "efore as well as after indict ent found% ?allace's *% 1:% 6% A 8% At what !laces% /o !lace affords !rotection to offenders against the cri inal law. a an ay therefore "e arrested in his own house, $#% v%& which ay "e "ro'en into for the !ur!ose of a'ing the arrest% 9% A 5% ?ho ay arrest and "y what authority% An offender ay "e arrested either without a warrant or with a warrant% 5irst, an arrest ay "e ade without a warrant "y a !rivate individual or "y a !eace officer% 7rivate individuals are en,oined "y law to arrest an offender when !resent at the ti e a felony is co itted, or a dangerous wound given A 11 @ohns% *% 886 and vide 6aw'% B% 1, c, 11, s% 1. c% 1:, 5:% 9, 8. 8 Bl% (o % 1=1. 1 6ale, 589. (o % Dig% 0 !rison ent, 6 8. Bac% A"% +res!ass, D% :% 7eace officers ay, a fortiori, a'e an arrest for a cri e or isde eanor co itted in their view, without any warrant% 8 <erg% ) *% 89% An arrest ay therefore "e ade "y a consta"le, $#% v%& a ,ustice of the !eace, $#% v%& slieriff, $#% v%& or coroner% $#% v%& <econdly, an arrest ay "e ade "y virtue of a warrant, $#% v%& which is the !ro!er course when the circu stances of the case will !er it it% 4ide, generally, 1 (hit% (r% Law, 11 to 91. *uss% on (r% 0nde-, h% t% ARREST OP JUD5MENT% +he act of a court "y which the ,udges refuse to give ,udg ent, "ecause u!on the face of the record, it a!!ears that the !laintiff is not entitled to it% <ee @udg ent, arrest of% ARRESTANDIS "onis ne dissi!entur% 0n the English law, a writ for hi whose cattle or goods, "eing ta'en during a controversy, are li'ely, to "e wasted and consu ed% ARRESTEE, law of <cotland% 6e in whose hands a de"t, or !ro!erty in his !ossession, has "een arrested "y a regular arrest ent% 0f, in conte !t of the arrest ent, he shall a'e !ay ent of the su , or deliver the goods arrested to the co on de"tor, he is not only lia"le cri inally for "reach of the arrest ent, "ut he ust !ay the de"t again to the arrester% Ers'% 7r% L% <cot% :, 6, 6% ARRESTER, law of <cotland% Dne who sues out and o"tains an arrest ent of his de"tor's goods or ova"le o"ligations% Ers'% 7r% L% <oot% :, 6, 1% ARRESTMENT, <cotch law% By this ter is so eti es eant the securing of a cri inal's !erson till trial, or that of a de"tor till he give security ,udicio sisti% Ers'% 7r% L% <cot% 1, 1, 11% 0t is also the order of a ,udge, "y which he who isde"tor in a ova"le o"ligation to the arrester's de"tor, is !ro"i"ited to a'e !ay ent or delivery till the de"t due to the arrester "e !aid or secured% Ers'% 7r% L% <cot% :, 6, 1% <ee Attach ent, foreign% where arrest ent !roceeds on a de!ending action, it ay "e loosed "y the co on de"tor's giving security to the arrester for his de"t, in the event it shall "e found due% 0d% :, 6, 9% ARRET, 5rench law% An arret is a ,udg ent, sentence, or decree of, a court of co !etent ,urisdiction% <aisie-arret is an attach ent of !ro!erty in the hands of a third !erson% (ode of 7ract% of Lo% art% 12=% ARRETTED, arrectatus, i% e% ad rectu vocatus% (onvened "efore a ,udge and charged with a cri e% Ad rectu alefactore , is, according to Bracton, to have a alefactor

forthco ing to "e !ut on his trial% <o eti es it is used for i !uted or laid to his charge. as, no folly ay "e arretted to any one under age% Bract% 1% :, tr% 1, c% 12. (unn% Dict% h% t% ARRHAE, contracts, in the civil law% ;oney or other valua"le things given "y the "uyer to the seller, for the !ur!ose of evidencing the contract earnest% 1% +here are two 'inds of arrhae. one 'ind given when a contract has only "een !ro!osed. the other when a sale has actually ta'en !lace% +hose which are given when a "argain has "een erely !ro!osed, "efore it has "een concluded, for the atter of the contract, "y which he who gives the arrhae consents and agrees to lose the , and to transfer the title to the in the o!!osite !arty, in case he should refuse to co !lete the !ro!osed "argain. and the receiver of arrhae is o"liged on his !art to return dou"le the a ount to the giver of the in case "e should fail to co !lete his !art of the contract% 7oth% (ontr% de 4ente, n% 8=8% After the contract of sale has "een co !leted, the !urchaser usually gives arr"ae as evidence that the contract has "een !erfected% Arr"ae are therefore defined #uod ante !retiu datur, et fide fecit contractus, facti totius#ue !ecuniae solvendae% 0d% n% 526. (ode, 8, 85, 1% TO ARRIVE% +o co e to a !articular !lace. to reach a !articular or certain !lace as, the shi! Enited <tates arrived in /ew >or'% <ee 1 ;arsh% Dec% 811% ARRO5ATION, civil law% <ignifies nearly the sa e as ado!tion. the only difference "etween the is this, that ado!tion was of a !erson under full age "ut as arrogation re#uired the !erson arrogated, sui ,uris, no one could "e arrogated till he was of full age% Dig% 1, 9, 5. 0nst% 1, 11, : 1 Brown's (iv% Law, 11=% ARSER IN LE MAIN% Burning in the hand% +his !unish ent was inflicted on those who received the "enefit of clergy% +er s de la Ley% ARSON, cri inal law% At co on law an offence of the degree of felony. and is defined "y Lord (o'e to "e the alicious and voluntary "urning of the house of another, "y night or day% : 0nst% 66% 1% 0n order to a'e this cri e co !lete, there ust "e, 1st, a "urning of the house, or so e !art of it. it is sufficient if any !art "e consu ed, however s all it ay "e% = (% ) 7% 85. :8 E% (% L% *% 1=. 16 ;ass% 125% 1d% +he house "urnt ust. "elong to another. "ut if a an set fire to his own house with a view to "urn his neigh"or's, and does so, it is at least a great isde eanor, if not a felony% 1 6ale, 7% (% 568. 1 East, 7% (% 1219. 1 *uss% 889% :d% +he "urning ust have "een "oth alicious and willful% :% +he offence of arson at co on law, does not e-tend further than the "urning of the house of another% By statute this cri e is greatly enlarged in so e of the states, as in 7ennsylvania, where it is e-tended to the "urning of any "arn or outhouse having "ay or grain therein. any "arrac', ric' or stac' of hay, grain, or "ar'. any !u"lic "uildings, church or eeting-house, college, school or li"rary% Act 1:d A!ril, 181=. 1 *ussell on (ri es, 886. 1 6aw'% 7% (% c% := 8 Bl% (o % 112. 1 East, 7% (% c% 11, s% 1, !% 1215. 16 @ohn% *% 12:. 16 ;ass% 125% As to the e-tension of the offence "y the laws of the Enited <tates, see <tat% 1815, c% 196, : <tory's L% E% <% 1===% ARSURA% +he trial of oney "y fire after it was coined% +his word is o"solete% ART% +he !ower of doing% so ething not taught "y nature or instinct% @ohnson% Euno us defines art to "e a collection of certain rules for doing anything in a set for % Dial% 1, !%

98% +he Dictionaire des <ciences ;edicales, h% v%, defines it in nearly the sa e ter s% 1% +he arts are divided into echanical and li"eral arts% +he echanical arts are those which re#uire ore "odily than ental la"or. they are usually called trades, and those who !ursue the are called artisans or ec"anics% +he li"eral are those which have for the sole or !rinci!al o",ect, wor's of the ind, and those who are engaged in the are called artists% 7ard% Dr% (o % n% :5% :% +he act of (ongress of @uly 8, 18:6, s% 6, in descri"ing the su",ects of !atents, uses the ter art% +he sense of this word in its usual acce!tation is !erha!s too co !rehensive% +he thing to "e !atented is not a ere ele entary, !rinci!le, or intellectual discovery, "ut a !rinci!le !ut in !ractice, and a!!lied to so e art, achine, anufacture, or co !osition of atter% 8 ;ason, 1% 8% (o!!er-!late !rinting on the "ac' of a "an' note, is an art for which a !atent granted% 8 ?ash% (% (% *% =% ay "e

ART AND PART, <cotch law% ?here one is accessory to a cri e co itted "y another. a !erson ay "e guilty, art and !art, either "y giving advice or counsel to co it the cri e. or, 1, "y giving warrant or andate to co it it. or, :, "y actually assisting the cri inal in the e-ecution% 1% 0n the ore atrocious cri es, it see s agreed, that the adviser is e#ually !unisha"le with the cri inal and that in the slighter offences, the circu stances arising fro the adviser's lesser age, the ,ocular or careless anner of giving the advice, )c%, ay "e received as !leas for softening the !unish ent% :% Dne who gives a andate to co it a cri e, as he is the first s!ring of the action, see s ore guilty than the !erson12e !loyed as the instru ent in e-ecuting it% 8% Assistance ay "e given to the co itter of a cri e, not only in the actual e-ecution, "ut !revious to it, "y furnishing hi , with a cri inal intent, with !oison, ar s, or other eans of !er!etrating it% +hat sort of assistance which is not given till after the cri inal act, and which is co only called a"etting, though it "e itself cri inal, does not infer art and !art of the !rinci!al cri e% Ers'% 7r% L. <cot% 8, 8, 8 . ;ac'% (r% +reat% tit% Art and 7art% ARTICLES% A division in so e "oo's% 0n agree ents and other writings, for the sa'e of !ers!icuity, the su",ects are divided into !arts, !aragra!hs, or articles% ARTICLES, chan% !ractice% An instru ent in writing, filed "y a !arty to a !roceeding in chancery, containing reasons why a witness in the cause should "e discredited% 1% As to the atter which ought to "e contained in these articles, Lord Eldon gave so e general directions in the case of (arlos v% Broo', 12 4es% 8=% G +he court,G says he, Gattending with great caution to an a!!lication to !er it any witness to "e e-a ined after !u"lication, has held where the !ro!osition was to e-a ine a witness to credit, that the e-a ination is either to "e confined to general credit. that is, "y !roduciug witnesses to swear, that the !erson is not to "e "elieved u!on his oath. or, if you find hi swearing to a atter, not to issue in the cause, $and therefore not thought aterial to the erits,& in that case, as the witness is not !roduced to vary the case in evidence "y, testi ony that relates to atters in issue, "ut is to s!ea' only to the truth or want of veracity, with which a witness had s!o'en to a fact not, in issue, there is no danger in !er itting hi to state

that such fact, not !ut in issue, is false and, for the !ur!ose of discrediting a witness, the court has not considered itself at li"erty to sanction such a !roceeding as an e-a ination to destroy the credit of another witness, who had de!osed only to !oints !ut in issue% 0n 7urcell v% ;'/a ara, it was agreed that after !u"lication it was co !etent to e-a ine any witness to the !oint, whether he would "elieve that an u!on his oath% 0t is not co !etent, even at law, to as' the ground of that o!inion. "ut the general #uestion only is !er itted% 0n 7urcell v% ;'/a ara, the witness went into the history of his whole life and as to his solvency, ) c% 0t was not at all !ut at issue whether he had "een insolvent, or had co !ounded with his creditors. "ut, having sworn the contrary, they !roved "y witnesses, that he, who had sworn to a, atter not in issue, had sworn falsely to that fact. and that he had "een insolvent, and had co !ounded with his creditors. and it would "e la enta"le, if the court could not find eans of getting at it. for he could not "e indicted for !er,ury, though swearing falsely, the fact not "eing aterial% +he rule is, in general cases the cause is heard u!on evidence given "efore !u"lication. "ut that you ay e-a ine after !u"lication, !rovided you e-a ine to credit only, and do not go to atters in issue in the cause, or in contradiction of the , under !retence of e-a ing to credit only% +hose de!ositions,G he continued, G a!!ear to e aterial to what is in issue in the cause. and therefore ust "e su!!ressed,G <ee a for of articles in Fresl% E#% Ev% 182, 181. and also 8 4es% :19. = 4es% 185. 1 <% ) <% 86=% ARTICLES, eccl% law% A co !laint in the for court% of a li"el, e- hi"ited to an ecclesiastical

ARTICLES OF A5REEMENT, contracts% *elate either to real or !ersonal estate, or to "oth% An article is a e orandu or inute of an agree ent, reduced to writing to a'e so e future dis!osition or odification of !ro!erty. and such an instru ent will create a trust or e#uita"le estate, of which a s!ecific !erfor ance will "e decreed in chancery% (ruise on *eal 7r% tit% :1 c% 1, s% :1% And see 0d% tit% 11, c% 1% 1% +his instru ent should containB 1, the na e and character of the !arties. 1, the su",ectatter of the contracts. :, the covenants which each of the !arties "ind the selves to !erfor . 8, the date. 5, the signatures of the !arties% :% A 1% +he !arties should "e na ed, and their addition should also "e entioned, in order to identify the % 0t should also "e stated which !ersons are of the first, second, or other !art% A confusion, in this res!ect, ay occasion difficulties% 8% A 1% +he su",ect- atter of the contract ought to "e set out in clear and e-!licit language, and the ti e and !lace of the !erfor ance of the agree ent ought to "e entioned and, when goods are to "e delivered, it ought to "e !rovided at whose e-!ense they shall "e re oved, for there is a difference in the delivery of light and "ul'y articles% +he seller of "ul'y articles is not in general "ound to deliver the unless he agrees to do so% 5 <% ) *% 1= 11 ;ass% :22. 8 <he!l% 8=% 5% A :% +he covenants to "e !erfor ed "y each !arty should "e s!ecially and correctly stated, as a ista'e in this res!ect leads to difficulties which ight have "een o"viated had they "een !ro!erly drawn% 6% A 8% +he instru ent should "e truly dated% 9% A 5% 0t should "e signed "y the !arties or their agents% ?hen signed "y an agent he should state his authority, and sign his !rinci!al's na e, and then his own, as, A B, "y his

agent or attorney ( D% ARTICLES OF CONFEDERATION% +he co !act which was ade "y the original thirteen states of the Enited <tates of A erica, "ore the na e of the GArticles of (onfederation and !er!etual union "etween, the states of /ew 6a !shire, ;assachusetts Bay, *hode 0sland and 7rovidence 7lantations, (onnecticut, /ew >or', /ew @ersey, 7ennsylvania, Delaware, ;aryland, 4irginia, /orth (arolina, <outh (arolina, and Feorgia%G 0t was ado!ted and went into force on the first day of ;arch, 1981, and re ained as the su!re e law until the first ?ednesday of ;arch, 198=% 5 ?heat% *% 812% +he following analysis of this cele"rated instru ent is co!ied fro @udge <tory's (o entaries on the (onstitution of the Enited <tates, Boo' 1, c% :% 1% G0n !ursuance of the design already announced, it is now !ro!osed to give an analysis of the articles of confederation, or, as they are deno inated in the instru ent itself, the Articles of (onfederation and 7er!etual Enion "etween the <tates, as they were finally ado!ted "y the thirteen states in 1981% :% G+he style of the (onfederacy was, "y the first article, declared to "e, Q+he Enited <tates of A erica%' +he second article declared, that each state retained its sovereignty, freedo , and inde!endence, and every !ower, ,urisdiction and right, which was not "y this confederation e-!ressly delegated to the Enited <tates, in congress asse "led% +he third article declared, that the states severally entered into a fir league of friendshi! with each other, for their co on defence, the security of their li"erties, and their utual and general welfare "inding the selves to assist each other against all force offered to, or attac's ade u!on the , or any of the , on account of religion, sovereignty, trade, or any other !retence whatever% +he fourth article declared, that the free inha"itants of each of the states, $vaga"onds and fugitives fro ,ustice e-ce!ted,& should "e entitled to all the !rivileges of free citi3ens in the several states. that the !eo!le of each state should have free ingress and regress to any fro any other state, and should en,oy all the !rivileges of trade and co erce, su",ect to the sa e duties and restrictions, as the inha"itants. that fugitives fro ,ustice should, u!on the de and of the e-ecutive of the state, fro which they fled, "e delivered u!. and that full faith and credit should "e given, in each of the states, to the records, acts, and ,udicial !roceedings of the courts and agistrates of every other state% 8% G6aving thus !rovided for the security and intercourse of the states, the ne-t article $5th& !rovided for the organi3ation of a general congress, declaring that delegates should "e chosen in such anner, as the legislature of each state should direct. to eet in congress on the first ;onday in every year, with a !ower, reserved to each state, to recall any or all of the delegates, and to send others in their, stead% /o state was to "e re!resented in congress "y less than two, nor than seven e "ers% /o delegate was eligi"le for ore than three, in any ter of si- years. and no delegate was ca!a"le of holding any office of e olu ent under the Enited <tates% Each state was to aintain its own delegates. and, in deter ining #uestions in congress, was to have one vote% 5reedo of s!eech and de"ate in congress was not to "e i !eached or #uestioned in any other !lace. and the e "ers were to "e !rotected fro arrest and i !rison ent, during the ti e of their going to and fro , and attendance on congress, e-ce!t for treason, felony, or "reach of the !eace% 5% GBy su"se#uent articles, congress was invested with the sole and e-clusive right and

!ower of deter ining on !eace and war, unless in case of an invasion of a state "y ene ies, or an i inent danger of an invasion "y 0ndians. of sending and receiving a "assadors. entering into treaties and alliances, under certain li itations, as to treaties of co erce. of esta"lishing rules for deciding all cases of ca!ture on land and water, and for the division and a!!ro!riation of !ri3es ta'en "y the land or naval forces, in the service of the Enited <tates of granting letters of ar#ue and re!risal in ti es of !eace. of a!!ointing courts for the trial of !iracies and felonies co itted on the high seas. and of esta"lishing courts for receiving and finally deter ining a!!eals in all cases of ca!tures% 6% G(ongress was also invested with !ower to decide in the last resort, on a!!eal, all dis!utes and differences "etween two or ore states concerning "oundary, ,urisdiction, or any other cause whatsoever. and the ode of e-ercising that authority was s!ecially !rescri"ed% And all controversies concerning the !rivate right of soil, clai ed under different grants of two or ore states "efore the settle ent of their ,urisdiction, were to "e finally deter ined in the sa e anner, u!on the !etition of either of the grantees% But no state was to "e de!rived of territory for the "enefit of the Enited <tates% 9% G(ongress was also invested with the sole and e-clusive right and !ower of regulating the alloy and value of coin struc' "y their own authority, or that of the Enited <tates. of fi-ing the standard of weights and easures throughout the Enited <tates. of regulating the trade and anaging all affairs with the 0ndians, not e "ers of any of the states, !rovided, that the legislative right of any state within its own li its should not "e infringed or violated of esta"lishing and regulating !ost offices fro one state to another, and e-acting !ostage to defray the e-!enses. of a!!ointing all officers of the land forces in the service of the Enited <tates, e-ce!t regi ental officers. of a!!ointing all officers of the naval forces, and co issioning all officers whatsoever in the service of the Enited <tates. and of a'ing rules for the govern ent and regulation of the land and naval forces, and directing their o!erations% 8% G(ongress was also invested with authority to a!!oint a co ittee of the states to sit in the recess of congress, and to consist of one delegate fro each state, and other co ittees and civil officers, to anage the general affairs under their direction. to a!!oint one of their nu "er to !reside, "ut no !erson was to serve in the office of !resident ore than one year in the ter of three years. to ascertain the necessary su s for the, !u"lic service, and to a!!ro!riate the sa e for defraying the !u"lic e-!enses. to% "orrow oney and e it "ills ou credit of the Enited <tates to "uild and e#ui! a navy. to agree u!on the nu "er of land forces, and a'e re#uisitioins u!on each state for its #uota, in !ro!ortion to the nu "er of white inha"itants in such state% +he legislatures of each state were to a!!oint the regi ental officers, raise the en, and clothe, ar , and e#ui! the at the e-!ense of the Enited <tates% =% G(ongress was also invested with !ower to ad,ourn for any ti e not e-ceeding sionths, and to any !lace within the Enited <tates and !rovision was ade for the !u"lication of its ,ournal, and for entering the yeas and nays thereon, when desired "y any delegate% 12% G<uch were the !owers confided in congress% But even these were greatly restricted in their e-ercise. for it was e-!ressly% !rovided, that congress should never engage in a war. nor grant letters of ar#ue or re!risal in, ti e of !eace. nor enter into any treaties or

alliances. nor coin oney or regulate the value thereof. nor ascertain the su s or e-!enses necessary for the, defence and welfare of the Enited <tates, nor e it "ills nor "orrow oney on the credit of the Enited <tates nor a!!ro!riate oney. nor agree u!on the nu "er of vessels of war to "e "uilt, or !urchased. or the nu "er of land or sea forces to "e raised. nor a!!oint a co ander-in-chief of the ar y or navy. unless nine states should assent to the sa e% And no #uestion on any other !oint, e-ce!t for ad,ournng fro day to day, was to "e deter ined, e-ce!t "y vote of the a,ority of the states% 11% G+he co ittee of the states or any tine of the , were authori3ed in the recess of congress to e-ercise such !owers, as congress, with the assent of nine states, should thin' it e-!edient to vest the with, e-ce!t such !owers for the e-ercise of which, "y the articles of confederation, the assent of nine states was re#uired, which could not "e thus delegated% 11% G0t was further% !rovided, that all "ills of credit, oneys "orrowed, and de"ts contracted "y or under the authority of congress "efore the confederation, should "e a charge against the Enited <tates. that when land forces were raised "y any state for the co on defence, all officers of or under the ran' of colonel should "e a!!ointed "y the legislature of the state, or in such anner as the state should direct. and all vacancies should "e filled u! in the sa e anner that all charges of war, and all other e-!enses for the co on defence or general welfare, should "e defrayed out of a co on treasury, which should "e su!!lied "y the several states, in !ro!ortion to the value of the land within each state granted or surveyed, and the "uildings and i !rove ents thereon, to "e esti ated according to the ode !rescri"ed "y congress. and the ta-es for that !ro!ortion were to "e laid and levied "y the legislatures of the states within the ti e agreed u!on "y congress% 1:% G(ertain !rohi"itions were laid u!on the e-ercise of !owers "y the res!ective states% /o state, without the consent of the Enited <tates, could send an e "assy to, or receive an e "assy fro , or enter into, any treaty with any 'ing, !rince or state. nor could any !erson holding any office under the Enited <tates, or any of the , acce!t any !resent, e olu ent, office A or title, fro any foreign 'ing, !rince or state. nor could congress itself grant any title of no"ility% /o two states could enter into any treaty, confederation, or alliance with each other, without the consent of congress% /o state could lay any i !osts or duties, which ight interfere with any !ro!osed treaties% /o vessels of war were to "e 'e!t u! "y any state in ti e of !eace, e-ce!t dee ed necessary "y congress for its defence, or trade. nor any "ody of forces, e-ce!t such as should "e dee ed re#uisite "y congress to garrison its forts, and necessary for its defence% But every state was re#uired always to 'ee! u! a well regulated and disci!lined ilitia, sufficiently ar ed and accoutred, and to "e !rovided with suita"le field-!ieces, and tents, and ar s, and a unition, and ca ! e#ui!age% /o state could engage in war without the consent of congress, unless actually invaded "y ene ies, or in danger of invasion "y the 0ndians% /or could any state grant co issions to any shi!s of war, nor letters of ar#ue and re!risal, e-ce!t after a declaration of war "y congress, unless such state were infested "y !irates, and then su",ect to the deter ination of congress% /o state could !revent the re oval of any !ro!erty i !orted into any state to any other state, of which the owner was an inha"itant% And no i !osition, duties, or restriction, could "e laid "y any state on the 7ro!erty of the Enited <tates or of either of the %

18% G+here was also !rovision ade for the ad ission of (anada, into the Enion, and of other colonies with the assent of nine states% And it was finally declared, that every state should a"ide "y the deter inations of congress on all #uestions su" itted to it "y the confederation. that the articles should "e inviola"ly o"served "y every state. that the union should "e !er!etual. and that no alterations should% "e ade in any of the articles, unless agreed to "y congress, and '(onfir ed "y the legislatures of every state% 15% G<uch is the su"stance of this cele"rated instru ent, under which the treaty of !eace, ac'nowledging our inde!endence, was negotiated, the war of the revolution concluded, and the union of the states aintained until the ado!tion of% the !resent constitution%G ARTICLES OF IMPEACHMENT% An instru ent which, in cases of i !each ent, $#% v%& is used, and !erfor s the sa e office which an indict ent does, in a co on cri inal case, is 'nown "y this na e% +hese articles do not usually !ursue the strict for and accuracy of an indict ent%, ?ood% Lect% 82, !% 625. 5oster, :8=, :=2. (o % Dig% 7arlia ent, L 11% +hey are so eti es #uite general in the for of the allegations, "ut always contain, or ought to contain, so uch certainty, as to ena"le the !arty to !ut hi self on the !ro!er defence, and in case of an ac#uittal, to avail hi self of it, as a "ar to another i !each ent% Additional articles ay, !erha!s, "e e-hi"ited at any stage of the !rosecution% <tory on the 826. *awle on the (onst% 116% 1% +he answer to articles of i !each ent is e-e !ted fro o"serving great strictness of for . and it ay contain argu ents as well as facts% 0t is usual to give a full and !articular answer to each article of the accusation% <tory, 828% ARTICLES OF PARTNERSHIP% +he na e given to an instru ent of writing "y which the !arties enter into a !artnershi!, u!on the conditions therein entioned% +his instru ent generally contains certain !rovisions which it is the o",ect here to !oint out% 1% But "efore !roceeding ore !articularly to the consideration of the <u",ect, it will "e !ro!er to o"serve that so eti es !reli inary agree ents to enter into a !artnershi! are for ed, and that #uestions, not unfre#uently, arise as to their effects% +hese are not !artnershi!s, "ut agree ents to enter into !artnershi! at a future ti e% ?hen such an agree ent has "een "ro'en, the !arties ay a!!ly for redress to a court of law, where da ages will "e given, as a co !ensation% A!!lication is so eti es ade to courts of e#uity for their ore efficient aid to co !el a s!ecific !erfor ance% 0n general these courts will not entertain "ills for s!ecific !erfor ance of such !reli inary contracts. "ut in order to su!!ress frauds, or anifestly ischievous conse#uences, they will co !el such !erfor ance% : At'% :8:. (olly% 7artn% B% 1, c% 1, 1 ?ats% 7artn% 62. Fow, 7artn% 12=. <tory, E#% @ur% 666, note. <tory, 7artn% 18=. 1 <wanst% *% 51:, note% ?hen, however, the !artnershi! ay "e i ediately dissolved, it see s the contract cannot "e s!ecifically enforeed% = 4es% :62% :% 0t is !ro!er to !re ise that under each !articular head, it is intended "riefly to e-a ine the decisions which have "een ade in relation to it% 8% +he !rinci!al !arts of articles of !artnershi! are here enu erated% 1% +he na es of the contracting !arties% +hese should all "e severally set out% 5% A 1% +he agree ent that the !arties actually "y the instru ent enter into !artnershi!, and care ust "e ta'en to distinguish this agree ent fro a covenant to enter into !artnershi! at a future ti e%

6% A :% +he co ence ent of the !artnershi!% +his ought always to "e e-!ressly !rovided for% ?hen no other ti e is fi-ed "y it, the co ence ent will ta'e !lace fro the date of the instru ent% (olly% 7artn% 182 5 Barn% ) (res% 128% 9% A 8% +he duration of the !artnershi!% +his ay "e% for life, or for a, s!ecific !eriod of ti e. !artnershi!s ay "e conditional or indefinite in their duration, or for a single adventure or dealing. this !eriod of duration is either e-!ress or i !lied, "ut it will not "e !resu ed to "e "eyond life% 1 <wanst% *% 511% ?hen a ter is fi-ed, it is !resu ed to endure until that !eriod has ela!sed. and, when no ter is fi-ed, for the life of the !arties, unless sooner dissolved "y the acts of one of the , "y utual consent, or o!eration of law% <tory, 7art% 88% 8% A sti!ulation ay lawfully "e introduced for the continuance of the !artnershi! after the death of one of the !arties, either "y his e-ecutors or ad inistrators, or for the ad ission of one or ore of his children into the concern% (olly% 7artn% 189. = 4es% 522% <o eti es this clause !rovides, that the interest of the !artner shall go to such !ersons, as "e shall "y his last will na e and a!!oint, and for want of a!!oint ent to such !ersons as are there na ed% 0n these cases it see s that the e-ecutors or ad inistrators have an o!tion to continue the !artnershi! or not% (olly% 7artn% 18=. 1 ;c(l% ) >o% 56=. (olles, 7arl% *e!% 159% =% when the duration of the !artnershi! has "een fi-ed "y the articles, and the !artnershi! e-!ires "y ere efflu-ion of ti e, and, after such deter ination it is carried on "y the !artners without any new agree ent, in the a"sence of all circu stances which ay lead as to the true intent of the !artners, the !artnershi! will not, in general, "e dee ed one for a definite !eriod. 19 4es% 1=8. "ut in other res!ects, the old articles of the e-!ired !artnershi! are to "e dee ed ado!ted, "y i !lication as the "asis of the new !artnershi! during its continuance% 5 ;ason, *% 196, 185. 15 4es% 118. 1 ;olloy, *% 866% 12% A 5% +he "usiness to "e carried on and the !lace where it is to "e conducted% +his clause ought to "e very !articularly written, as courts of e#uity will grant an in,unction when one or ore of the !artners atte !t, against the wishes of one or ore of the , to e-tend such "usiress "eyond the !rovision contained in the articles% <tory, 7artn% 1=:. Fow, 7artn :=8% 11 A 6% +he na e of the fir , as for e-a !le, @ohn Doe and (o !any, ought to "e ascertained% +he e "ers of the !artnershi! are re#uired to use the na e thus agreed u!on, and a de!arture fro it will a'e the individually lia"le to third !ersons or to their !artners, in !articular cases% (olly% 7artn% 181. 1 @ac% ) ?al'% 166. = Adol% ) Ellis, :18. 11 Adol% ) Ellis, ::=. <tory, 7artn% 121, 1:6, 181, 121% 11% A 9% A !rovision is not unfre#uently inserted that the "usiness shall "e anaged and ad inistered "y a !articular !artner,12or that one of its de!art ents shall "e under his s!ecial care% 0n this case, courts of e#uity will !rotect such !artner in his rights% <tory, 7artn% 191, 181, 1=:, 121, 128 (olly% 7artn% 95:% 0n Louisiana, this !rovision is incor!orated in it's civil code, art% 18:8 to art% 1882% +he 5rench and civil law also agree as to this !rovision% 7oth% de <ociete, n% 91. Dig% 18, 1, 1, 1:. 7oth% 7and% 18, 1, 8% 1:% <o eti es a !rovision is introduced that a a,ority of the !artners shall have the anage ent of the affairs of the !artnershi!% +his is re#uisite, !articularly when the associates are nu erous, As to the rights of the a,ority, see 7artners%

18% A 8% A !rovision should "e inserted as to the anner of furnishing the ca!ital or stoc' of the !artnershi!% ?hen a !artner is re#uired to furnish his !ro!ortion of the stoc' at stated !eriods, or !ay "y install ents, he will, where there are no sti!ulutions to the contrary, "e considered a de"tor to the fir % (olly% 7artn% 181. <tory, 7artn% 12:. 1 <wanst% *% 8=, <o eti es a !rovision is inserted that real estate, and fi-tures "elonging to the fir shall "e considered, as "etween the !artners, not as !artnershi! "ut as several !ro!erty% 0n cases of "an'ru!tcy this !ro!erty will "e treated as the se!arate !ro!erty of the !artners% (olly% 7artn% 181, 5=5, 622. 5 4es% 18=. : ;add% *% 6:% 15% A =% A !rovision for the a!!ortion ent of the !rofits a and losses a ong the !artners should "e introduced% 0n the a"sence of all !roof, and controlling circu stances, the !artners are to share in "oth e#ually, although one ay have furnished all the ca!ital, and the other only his s'ill, ?ats% 7artn% 5=. (olly% 7artn% 125. <tory, 7artn% 18. : Cent, (o % 18. 8th ed%. 6 ?end% *% 16:. "ut see 9 Bligh, *% 8:1. 5 ?ils% ) <haw, 16% 16% A 12% <o eti es a sti!ulation for an annual account of the 7ro!erty of the !artnershi! whether in !ossession or in action, and of the de"ts due "y !artnershi! is inserted% +hese accounts when settled are at least !ri a facie evidence of the facts they contain% (olly% 7artn% 186 <tory 7artn% 126. 9 <i % *% 1:=% 19% A 11% A !rovision is fre#uently introduced for"idding any one !artner to carry on any other "usiness% +his should "e !rovided for, though there is an i !lied !rovision in every !artnershi! that no !artner shall carry% on any se!arate "usiness inconsistent or contrary to the true interest of the !artnershi!% <tory, 7artn% 198, 19=, 12=% 18% A 11% ?hen the !artners are nu erous, a !rovision is often ade for the e-!ulsion of a !artner for gross isconduct, for insolvency, "an'ru!tcy, or other causes !articularly enu erated% +his !rovision will govern when the case occurs% 1=% A 1:% +his instru ent should allways contain a !rovision for winding u! the "usiness% +his is generally !rovided for in one of three odesB first, "y turning all the assets into cash, and, after !aying all the lia"ilities of the !artnershi!, dividing such oney in !ro!ortion to the several interests of the !arties. secondly, "y !roviding that one or ore of the !artners shall "e entitled to !urchase the shares of the others at a valuation.thirdly, that all the !ro!erty of !artnershi! shall "e a!!raised, and that after !aying the !artnershi! de"ts, it shall "e divided in the !ro!er !ro!ortions% +he first of these odes is ado!ted "y courts of e#uity in the a"sence of e-!ress sti!ulations% (olly% 7artn% 185 <tory, 7artn% 129 8 <i % *% 51=% 12% A 18% 0t is not unusual to insert in these articles, a !rovision that in case of dis!utes the atter shall "e su" itted to ar"itration% +his clause see s nugatory, for no action will lie for a "reach of it, as that would de!rive the courts of their ,urisdiction, which the !arties cannot do% <tory, 7artn% 115. Fow, 7artn% 91. (olly% 7artn, 165 ?ats% 7artn% :8:% 11% A 15% +he articles should "e dated, and e-ecuted "y the !arties% 0t is not re#uisite that the instru ent, should "e under seal% 4ide 7arties to contracts. 7artners 7artnershi!% ARTICLES OF THE PEACE, Eng% !ractice% An instru ent which is !resented to a court of co !etent ,urisdiction, in which the e-hi"itant shows the grievances under which "e la"ors, and !rays the !rotection of the court% 0t is ade on oath% <ee a for in 11 Adol% ) Ellis, 5==. 82 E% (% L% *% 115, 116. 1 (hit% 7r% 698%

1% +he truth of the articles cannot "e contradicted, either "y affidavit or otherwise. "ut the defendant ay either e-ce!t to their sufficiency, or tender affidavits in reduction of the a ounts of "ail% 1: East% 191% ARTICLES OF WAR% +he na e co only given to a code ade for the govern ent of the ar y% +he act of A!ril 12, 1826, 1 <tory's Laws E% <% ==1, contains the rulesand articles "y which the ar ies of the Enited <tates shall "e governed% +he act of A!ril 1:, 1822, 1 <tory's L% E% <% 961, contains the rules and regulations for the govern ent of the navy of the Enited <tates% ARTICULATE ADJUDICATION% A ter used in <cotch, law in cases where there is ore than the de"t due to the ad,udging creditor, when it is usual to accu ulate each de"t "y itself, so that any error that ay arise in ascertaining one of the de"ts need not reach to all the rest% ARTIFICERS% 7ersons whose e !loy ent or "usiness consists chiefly of "odily la"or% +hose who are asters of their arts% (unn% Dict% h% t% 4ide drt% ARTIFICIAL% ?hat is the result of, or relates to, the arts. o!!osed to natural. thus we say a cor!oration is an artificial !erson, in o!!osition to a natural !erson% Artificial accession is the uniting one !ro!erty to another "y art, o!!osed to a si !le natural union% 1 Bouv% 0nst% n% 52:% ARTIFICIAL PERSON% 0n a figurative sense, a "ody of en or co !any are so eti es called an artificial !erson, "ecause the law associates the as one, and gives the various !owers !ossessed "y natural !ersons% (or!orations are such artificial !ersons% 1 Bouv% 0nst% n% 199% AS% A word !urely Latin% 0t has two significations% 5irst, it signifies weight, and in this sense, the *o an as, is the sa e thing as the *o an !ound, which was co !osed of twelve ounces% 0t was divided also into any other !arts $as ay "e seen in the law, <ervu de hoeredi"us, 0nst% Li"% -iii% 7andect,& vi3% uncia, 1 ounce. se-tans, 1 ounces. #uodrans, : ounces. triens, 8 ounces #uincun-, 5 ounces. se is, 6 ounces. se!tun-, 9 ounces. "es, 8 ounces, dodrans, = ounces. de-tans, 12 ounces. deun-, 11 ounces% 1% 5ro this !ri itive and !ro!er sense of the word another was derivedB that na ely of the totality of a thing, <olidu #uid% +hus as signified the whole of an inheritance, so that an heir e- asse, was an heir of the whole inheritance% An heir e- triente, e- se isse, e"esse, or e- deunce, was an heir of one-third, one-half, two-thirds, or eleven-twelfths% ASCENDANTS% +hose fro who a !erson is descended, or fro "irth, however re ote they ay "e% who he derives his

1% Every one has two ascendants at the first degree, his father and other. four at the second degree, his !aternal grandfather and grand other, and his aternal grandfather and grand other. eight at the third% +hus in going u! we ascend "y various lines which for' at every generation% By this !rogress si-teen ascendants are found at the fourth degree. thirty-two, at the fifth si-ty-four, at the si-th. one hundred and twenty-eight at the seventh, and so on. "y this !rogressive increase, a !erson has at the twenty-fifth generation, thirty-three illions five hundred and fifty-four thousand, four hundred and thirty-two ascendant's% But as any of the ascendants of a !erson have descended fro the sa e ancestor, the lines which were for'ed, reunite to the first co n on ancestor,

fro co

who the other descends. and this ulti!lication thus fre#uently interru!ted "y the on ancestors, ay "e reduced to a few !ersons% 4ide Line%

ASCRIPTITIUS, civil law% A ong the *o ans, ascri!titii were foreigners, who had "een naturali3ed, and who had in general the sa e rights as natives% /ov% 11, ch% % 19 (ode 11, 89% ASPHY2Y, ed% ,ur% A te !orary sus!ension of the otion of the heart and arteries. swooning, fainting% +his ter includes !ersons who have "een as!hy-iated "y su" ersion or drowning. "y "reathing e!hitic gas. "y the effect of lightning. "y the effect of cold. "y heat. "y sus!ension or strangulation% 0n a legal !oint of view it is always !ro!er to ascertain whether the !erson who has thus "een de!rived of his senses is the victi of another, whether the in,ury has "een caused "y accident, or whether it is% the act of the sufferer hi self% 1% 0n a edical !oint of view it is i !ortant to ascertain whether the !erson is erely as!hy-iated, or whether he is dead% +he following general re ar's have "een ade as to the efforts which ought to "e ade to restore a !erson thus situated, 1st% 7ersons as!hy-iated are fre#uently in a state of only a!!arent death% 1d% *eal fro a!!arent death, can "e distinguished only "y !utrefaction% ences, aid ought to "e rendered to !ersons as!hy-iated% :d% +ill !utrefaction co

8th% E-!erience !roves that re aining several hours under water does not always !roduce death% 5th% +he red, violet, or "lac' color of the face, the coldness of the "ody, the stiffness of the li "s, are not always signs of death% 6th% +he assistance to !ersons thus situated, ay"e ad inistered "y any intelligent !erson. "ut to insure success, it ust "e done without discourage ent for several hours together% 9th% All unnecessary !ersons should "e sent away. five or si- are in general sufficient% 8th% +he !lace where the o!eration is !erfor ed should not "e too war % =th% +he assistance should "e rendered with activity, "ut without !reci!itation% ASPORTATION% +he act of carrying a thing away. the re oving a thing fro to another% 4ide (arrying away. +a'ing% one !lace

ASSASSIN, cri , law% An assassin is one who attac's another either traitorously, or with the advantage of ar s or !lace& or of a nu "er of !ersons who su!!ort hi , and 'ills his victi % +his "eing done with alice, aforethought, is urder% +he ter assassin is "ut little used in the co on law, it is "orrowed fro the civil law% ASSASSINATION, cri % law% A urder co itted "y an assassin% By assassination is understood a urder co itted for hire in oney, without any !rovocation or cause of resent ent given "y the !erson against who the cri e is directed% Ers'% 0nst% B% 8, t% 8, n% 85% ASSAULT, cri % law% An assault is any unlawful atte !t or offer with force or violence to do a cor!oral hurt to another, whether fro alice or wantonness. for e-a !le, "y stri'ing at hi or even holding u! the fist at hi in a threatening or insulting anner, or

with other circu stances as denote at the ti e% an intention, cou!led with a !resent a"ility, of actual violence against his !erson, as "y !ointing a wea!on at hi when he is within reach of it% 6 *ogers *ecB =% ?hen the in,ury is actually inflicted, it a ounts to a "attery% $#% v%& 1% Assaults are either si !le or aggravated% 1% A si !le assault is one ?here there is no intention to do any other in,ury% +his is !unished at co on law "y fine and i !rison ent% 1% An aggravated assault is one that has in addition to the "are intention to co it it, another o",ect which is also cri inal. for e-a !le, if a an should fire a !istol at another and iss hi , the for er would "e guilty of an assault with intent to urder. so an assault with intent to ro" a an, or with intent to s!oil his clothes, and the li'e, are aggravated assaults, and they are ore severely !unished than si !le assaults% Feneral references, 1 East, 7% (% 826. Bull% /% 7% 15. 6aw'% 7% B% "% 1, c% 61, s% 11. 1 *uss% (r% 628. 1 (a !% *e!% 652 1 ?heeler's (r% (% :68. 6 *ogers' *ec% =. 1 <erg% ) *awle, :89 Bac% A"% h% t%. *oscoe% (r% Ev% 112% ASSAY% A che ical e-a ination of etals, "y which the #uantity of valua"le or !recious etal contained in any ineral or etallic i-ture is ascertained% 1% By the acts of (ongress of ;arch :, 181:, : <tory's L% E% <% 1=18. of @une 15, 18:8, 8 <hars% cont% <tory's L% E% <% 1:9:. and of @une 18, 18:8, 0d% 1:99, it is ade the duty of the secretary of the treasury to cause assays to "e ade at the int of the Enited <tates, of certain coins ade current "y the said acts, and to a'e re!ort of the result thereof to congress% ASSEMBLY% +he union of a nu "er of !ersons in the sa e !lace% +here are several 'inds of asse "lies% 1% 7olitical asse "lies, or those authori3ed "y the constitution and laws. for e-a !le, the general asse "ly, which includes the senate and house of re!resentatives. the eeting of the electors of the !resident and vice-!resident of the Enited <tates, ay also "e called an asse "ly% :% 7o!ular asse "lies are those where the !eo!le eet to deli"erate u!on their rights. these are guaranteed "y the constitution% (onst% E% <% A end% art% 1 (onst% of 7enn% art% =, s% 12% 8% Enlawful asse "lies% An unlawful asse "ly is the eeting of three or ore !ersons to do an unlawful act, although they ay not carry their !ur!ose into e-ecution% 0t differs fro a riot or rout, $#% v%& "ecause in each of the latter-cases there is so e act done "esides the si !le eeting% ASSENT, contracts% An agree ent to so ething that has "een done "efore% 1% 0t is either e-!ress, where it is o!enly declared. or i !lied, where it is !resu ed "y law% 5or instance, when a conveyance is ade to a an, his assent to it is !resu ed, for the following reasons. cause there is a strong intend ent of law, that it is for a !erson's "enefit to ta'e, and no an can "e su!!osed to "e unwilling to do that which is for his advantage% 1% Because it would see incongruous and a"surd, that when a conveyance is co !letely e-ecuted on the !art of the grantor, the estate should continue in hi % :% Because it is contrary to the !olicy of law to !er it the freehold to re ain in sus!ense and uncertainty% 1 4entr% 121. : ;od% 1=6A : Lev% 188. <how% 7% (% 152. : Barn% ) Alders% :1. 1 Binn% *% 521. 1 6ayw% 1:8. 11 ;ass 0*% 861 8 Day, :=5. 5 <% ) *% 51: 12 @ohn% *% 188. 18 <% ) *% 1=6 15 ?end% *% 656. 8 6alst% *% 161. 6 4er % *% 811%

:% ?hen a devise draws after it no charge or ris' of loss, and is, therefore, a ere "ounty, the assent of the devisee to, ta'e it will "e !resu ed% 19 ;ass% 9:, 8% A dissent !ro!erly e-!ressed would !revent the title fro !assing fro the grantor unto the grantee% 1 1 ;ass% *% 86 1% <ee : ;unf% *% :85. 8 ;unf% *% ::1, !l% = 5 <erg% ) *awle, 51:. 8 ?atts, *% =, 11 12 @ohns% *% 188% +he rule re#uiring an e-!ress dissent, does not a!!ly, however, when the grantee is "ound to !ay a consideration for the thing granted% 1 ?ash% (% (% *e!% 92% 8% ?hen an offer to do a thing has "een ade, it is not "inding on the !arty a'ing it, until the assent of the other !aity has "een given and such assent ust "e to the sa e su",ect- atter, in the sa e sense% 1 <u % 118% ?hen such assent is given, "efore the offer is withdrawn, the contract is co !lete% 6 ?end% 12:% <ee 5 ?end% 51:. 5 Freenl% *% 81=. : ;ass% 1. 8 <% *% 18:. 11 @ohn% 1=2. 1= @ohn% 125. 8 (all, *% :9= 1 5airf% 185. and Dffer% 5% 0n general, when an assign ent is ade to one for the "enefit of creditors the assent of the assignees will "e !resu ed% 1 Binn% 521, 518. 6 ?% ) <% ::=. 8 Leigh, *% 191, 181% But see 18 ?end% 182% ASSERTORY COVENANT% Dne "y which the covenantor affir s that a certain fact is in a !articular way, as that the grantor of land is lawfully seised. that it is clear of encu "rances, and the li'e% 0f the assertion is false, these covenants are "ro'en the o ent that the instru ent is signed% <ee 11 <% ) *% 12=, 111% TO ASSESS% 1% +o rate or to fi- the !ro!ortion which every !erson has to !ay of any !articular ta-% 1% +o assess da ages is to ascertain what da ages are due to the !laintiff. in actions founded on writings, in any cases after interlocutory ,udg ent, the !rothonotary is directed to assess the da ages. in cases sounding in tort the da ages are fre#uently assessed on a writ of in#uiry "y the sheriff and a ,ury% 1% 0n actions for da ages, the ,ury are re#uired to fi- the a ount or to assess the da ages% 0n the e-ercise of this !ower or duty, the ,ury ust "e guided "y sound discretion, and, when the circu stances will warrant it, ay give high da ages% (onst% *e!% 522% +he ,ury ust, in the assess ent of da ages "e guided "y their own ,udg ent, nd not "y a "lind chance% +hey cannot lawfully, therefore, in a'ing u! their verdict, each one !ut down a su , add the su s together, divide the aggregate "y the nu "er of ,urors, and ado!t the #uotient for their verdict% 1 (owen, 1:8% ASSESSMENT% +he a'ing out a list of !ro!erty, and fi-ing its valuation or a!!raise ent. it is also a!!lied to a'ing out a list of !ersons, and a!!raising their several occu!ations, chiefly with a view of ta-ing the said !ersons and their !ro!erty% ASSESSMENT OF DAMA5ES% After an interlocutory ,udg ent has "een o"tained, the da ages ust "e, ascertained. the act of thus fi-ing the a ount of da ages is called the assess ent of da ages% 1% 0n cases sounding in da ages, $#% v%& that is, when the o",ect of the action is to recover da ages only, and not "rought for the s!ecific recovery of lands, goods, or su s of oney, the usual course is to issue a writ of in#uiry, $#% v%& and, "y virtue of such writ, the sheriff, aided "y twelve lawful en, ascertains the a ount of da ages, and a'es

return to the court of the in#uisition, which, unless set aside, fi-es the da ages, and a final ,udg ent follows% :% ?hen, on the contrary, the action is founded on a !ro issory note, "ond, or other contract in writing, "y which the a ount of oney due ay "e easily co !uted, it is the !ractice, in so e courts, to refer to the cler' or !rothonotary the assess ent of da ages,% and in such case no writ of in#uiry is issued% : Bouv% 0nst% n% 8:22% ASSESSORS, civil law% <o called fro the word adsidere, which <ignifies to "e seated with the ,udge% +hey were lawyers who were a!!ointed to assist, "y their advice, the *o an agistrates, who were generally ignorant of law% "eing ere ilitary en% Dig% li"% 1, t% 11. (ode, li"% 1, t% 51% 1% 0n our law an assessor is one who has "een legally a!!ointed to value and a!!raise !ro!erty, generally% with a view of laying a ta- on it% ASSETS% +he !ro!erty in the hands of an heir, e-ecutor, ad inistrator or trustee, which is legally or e#uita"ly chargea"le with the o"ligations, which such heir, e-ecutor, ad inistrator or other trustee, is, as such, re#uired to discharge, is called assets% +he ter is derived fro the 5rench word asse3, enough. that is, the heir or trustee has enough !ro!erty% But the !ro!erty is still called assets, although there ay not "e enough to discharge all the o"ligations. and the heir, e-ecutor, )c%, is chargea"le in distri"ution as far as such !ro!erty e-tends% 1% Assets are so eti es divided "y all the old writers, into assets enter ains and assets !er descent. considered as to their ode of distri"ution, they are 1egal or e#uita"le. as to the !ro!erty fro which they arise, they are real or !ersonal% :% Assets enter ai , or assets in hand, is such !ro!erty as at once co es to the e-ecutor or other trustee, for the !ur!ose of satisfying clai s against hi as such% +er es de la Ley% 8% Assets !er descent, is that !ortion of the ancestor's estate which descends to the heir, and which is sufficient to charge hi , as far as it goes, with the s!ecialty de"ts of his ancestor% 1 ?illia s on E-% 1211% 5% Legal assets, are such as constitute the fund for the !ay ent of de"ts according to their legal !riority% 6% E#uita"le assets, are such as can "e reached only "y the aid of a court of e#uity, and are to "e divided,, !ari !assu, a ong all the creditors. as when a de"tor has ade his !ro!erty su",ect to his de"ts generally, which, without his act would not have "een so su",ect% 1 ;add% (h% 586. 1 5on"l% 82 1, et se#%. ?illis on +rust, 118% 9% *eal assets, are such as descend to the heir, as in estate in fee si !le% 8% 7ersonal assets, are such goods and chattels to which the e-ecutor or ad inistrator is entitled% =% 0n co erce, "y assets is understood all the stoc' in trade, cash, and all availa"le !ro!erty "elonging to a erchant or co !any% 4ide, generally, ?illia s on E-ec% 0nde-, h% t%. +oll% on E-ec% 0nde-, h% t%. 1 Bl% (o % 512, 511. : 4in% A"% 181. 11 4in% A"% 1:=. 1 4ern% =8. : 4es% @r% 119. Fordon's Law of Decedents, 0nde-, h% t%. *a on Assets% ASSEVERATION% +he !roof which a an gives of the truth of what "e says, "y

a!!ealing to his conscience as a witness% 0t differs fro an oath in this, that "y the latter he a!!eals to Fod as a witness of the truth of what he says, and invo'es hi as the avenger of falsehood and !erfidy, to !unish hi if he s!ea' not the truth% 4ide Affir ation. Dath. and ;erl% Huest% de Droit, ot <er ent% TO ASSI5N, contracts. !ractice% 1% +o a'e a right over to another. as to assign an estate, an annuity, a "ond, )c%, over to another% 5 @ohn% *e!B :=1% 1% +o a!!oint. as, to a!!oint a de!uty,, )c% @ustices are also said to "e assigned to 'ee! the !eace% :% +o set forth or !oint out. as, to G assign errors,G to show where the error is co itted. or to assign false ,udg ent, to show wherein it was un,ust% 5% /% B% 1=% ASSI5NATION, <cotch law% +he ceding or yielding a thing to another of which inti ation ust "e ade% A<<0F/EE% Dne to who an assign ent has "een ade% 1% Assignees are either assignees in fact or assignees in law% An assignee in fact is one to who an assign ent has "een ade in fact "y the !arty having the right% An assignee in law is one in who the law vest's the right, as an e-ecutor or ad inistrator% (o% Litt% 112 a, note 1. 6o"% =% 4ide Assigns, and 1 4ern% 815. 1 <al'% 81 9 East, ::9. Bac% A"% (ovenant, E. a <aund% 181, note 1. Arch% (iv% 70% 52, 58, 92 <u!!, to 4es% @r, 91 1 7hil% Ev% 0nde-, h% t% ASSI5NMENT, contracts% 0n co on !arlance this word signifies the transfer of all 'inds of !ro!erty, real, !ersonal, and i-ed, and whether the sa e "e in !ossession or in action. as, a general assign ent% 0n a ore technical sense it 0s usually a!!lied to the transfer of a ter for years. "ut it is ore !ro!erly used to signify a transfer of so e !articular estate or interest in lands% 1% +he !ro!er technical words of an assign ent are, assign, transfer, and set over. "ut the words grant, "argain, and sell, or any other words which will show the intent of the !arties to a'e a co !lete transfer, will a ount to an assign ent% :% A chose in action cannot "e assigned at law, though it ay "e done in e#uity. "ut the assignee ta'es it su",ect to all the e#uity to which it was lia"le in the hands of the original !arty% 1 @ohn% (h% *e!% 88:, and the cases there cited% 1 ?ash% *e!% 1::% 8% +he deed "y which an assign ent is ade,, is also called an assign ent% 4ide, generally, (o % Dig% h% t%. Bac% A"% h% t% 4in% A"% h% t%. /elson's A"% h% t%. (iv% (ode of Louis% art% 1611% 0n relation to general assign ents, see Angell on Assign ents, !assi . 1 6ate ) ?all% <el% Dec% 98-85% 5% By an assign ent of a right all the accessories which "elong to it, will !ass with it as, if the assignor of a "ond had collateral security, or a lien on !ro!erty, the collateral security and the lien will !ass with the assign ent of the "ond% 1 7enn% :61. : Bi"", 1=1. 8 B% ;unroe, 51=. 1 Drev% n% 118. 1 7% <t% *% 858% 6% +he assign ent of a thing also carries with it all that "elongs to it "y right of accession. if, therefore, the thing !roduce interest or rent, the interest or the arrearages of the rent since the assign ent, will "elong to the assignee% 9 @ohn% (as% =2 6 7ic'% :62% ASSI5MENT OF DOWER% +he act "y which the rights of a widow, in her deceased hushand's real estate, are ascertained and set a!art for her "enefit% 1 Bouv% 0nst% 181% ASSI5NMENT OF ERRORS% +he act "y which the !laintiff in error !oints out the errors in the record of which he co !lains%

1% +he errors should "e assigned in distinct ter s, such as the defeudant in error ay !lead to. and all the errors of which the !laintiff co !lains should "e assigned% = 7ort% 186. 16 (onn% 8:. 6 Dana, 181 : 6ow% $;iss%& *% 99% ASSI5NOR% Dne who a'es an assign ent. one who transfers !ro!erty to another% 1% 0n general the assignor can li it the o!eration of his assign ent, and i !ose whatever condition he ay thin' !ro!er, "ut when he a'es a general assign ent in trust for the use of his creditors, he can i !ose no condition whatever which will de!rive the of any right. 18 7ic'% 11:. 15 @ohn% 151. 9 (owen, 9:5. 5 (owen, 589 12 @ohn% 881. 1 7ic'% 11=. nor any condition for"idden "y law. as giving !reference when the law for"ids it% :% Ad assignor ay legally choose his own trustees% 1 Binn% 518% ASSI5NS, contracts% +hose to who rights have "een trans itted "y !articular title, such as sale, gift, legacy, transfer, or cession% 4ide 6a % 7aities, 1:2. Lofft% :16% +hese words, and also the word forever, are co only added to the word heirs in deeds conveying a fee si !le, heirs and assigns forever G"ut they are in such cases ino!erative% 1 Barton's Ele % (onvey% 9, $n%& But see 5leta, li"% :, ca!% 18, 6% +he use of na ing the , is e-!lained in <!encer's (ase, 5 *e!% 16. and 6a % 7arties, 118% +he word heirs, however, does not include or i !ly assigns% 1 Anderson's *e!% 1==% ASSISES OF JERUSALEM% +he na e of a code of feudal law, ade at a general asse "ly of lords, after the con#uest of @erusale % 0t was co !iled !rinci!ally fro the laws and custo s of 5rance% +hey were reduced to for a"out the year 11=2, "y @ean d'0"lin, co te de @a!he et d'Ascalon% 5ournel $6ist% des Avocats, vol% i% !% 8=,& calls the the ost !recious onu ent of our $5rench& ancient law% 6e defines the word assises to signify the asse "lies of the great, en of the real % <ee also, 1 7rofession d'Avocat, !ar Du!in, 698 to 682. <te!h% on 7lead% A!!% !% -i% ASSISORS, <cotch law% +his ter corres!onds nearly to that of ,urors% ASSI3E, Eng% law% +his was the na e of an ancient court. it derived its na e fro assideo, to sit together% Litt% s% 1:8. (o% Litt% 15: "%, 15= "% 0t was a 'ind of ,ury "efore which no evidence was adduced, their verdict "eing regarded as a state ent of facts, which they 'new of their own 'nowledge% Bract% iv% 1, 6% 1% +he na e of assi3e was also given to a re edy for the restitution of a freehold, of which the co !lainant had "een disseised% Bac% A"% h% t% Assi3es were of four 'indsB ;ort d'ancestor /ovel Disseisin Darrien 7resent ent. and Etru % /eale's 5% ) 5% 88% +his rei edy has given way to others less !er!le-ed and ore e-!editious% Bac% A"% h% t%. (o% Litt% 15:-155% :% +he final ,udg ent for the !laintiff in an assi3e of /ovel Disseisin, is, that he recover !er visu recognitoru , and it is sufficiently certain% if the recognitors can !ut the de andant in !ossession% Dyer, 88 ". 12 ?entw% 70% 111, note% 0n this action, the !laintiff cannot "e co !elled to "e nonsuited% 7lowd% 11 "% <ee 19 <erg% ) *% 189. 1 *awle, *e!% 88, =% 8% +here is, however, in this class of actions, an interlocutory ,udg ent, or award in the nature of a ,udg ent, and which to divers intents and !ur!oses, is a ,udg ent. 11 (o% *e!% 82 ". li'e the ,udg ent of #uod co !utet, in account render. or #uod !artitio flat, in !artition. #uod ensuratio fiat. ouster of aid. award of a writ of in#uiry, in waste%. of

da ages in tres!ass. u!on these and the li'e ,udg ents, a writ of error does not lie% 11 (o% *e!% 82 a. ;etcalf's (ase, 1 0nst% :88 aB 18 Ed% 000, 1= B 1=% ASSI3E OF MORT D; ANCESTOR% +he na e, of an ancient writ, now o"solete% 0t ight have "een sued out "y one whose father, other, "rother, )c%, died seised of lands, and tone ents, which they held in fee , and which, after their death, a stranger a"ated% *eg% Drig% 11:% <ee ;ort d' Ancestor% ASSOCIATE% +his ter associate ,udge% is a!!lied to a ,udge who is not the !resident of a court. as

ASSOCIATION% +he act of a nu "er of !ersons uniting together for so e !ur!ose. the !ersons so ,oined are also called an association% <ee (o !any% ASSUMPSIT, contracts% An underta'ing either e-!ress or i !lied, to !erfor agree ent% 1 Lilly's *eg% 1:1% a !arol

1% An e-!ress assu !sit is where one underta'es ver"ally or in writing, not under seal, or "y atter of record, to !erfor an act, or to !ay a su of oney to another% :% An i !lied assu !sit is where one has not ade any for al !ro ise to do an act or to !ay a su of oney to another, "ut who is !resu ed fro his conduct to have assu ed to do what is in !oint of law ,ust and right. for, 1st, it is to "e !resu ed that no one desires to enrich hi self at the e-!ense of another. 1d, it is a rule that he who desires the antecedent, ust a"ide "y the conse#uent. as, if 0 receive a loaf of "read or a news!a!er daily sent to y house without orders, and 0 use it without o",ection, 0 a !resu ed to have acce!ted the ter s u!on which the !erson sending it had in conte !lation, that 0 should !ay a fair !rice for it. :d, it is also a rule that every one is !resu ed to assent to what is useful to hi % <ee Assent ASSUMPSIT, re edies, !ractice%, A for of action which ay "e defined to "e an action for the recovery of da ages for the non-!erfor ance of, a !arol or si !le contract. or, in other words, a contract not under seal, nor of record. circu stances which distinguish this re edy fro others% 9 +% *% :51. : @ohns% (as% 62% +his action differs fro the action of de"t. for, in legal consideration, that is for the recovery of a de"t eo no ine, and in nu ero, and ay "e u!on a deed as well as u!on any other contract% 1 h% Bl% 558. B% /% 7% 169% 0t differs fro covenant, which, though "rought for the recovery of da ages, can only "e su!!orted u!on a contract under seal% <ee (ovenant% 1% 0t will "e !ro!er to consider this su",ect with reference, 1, to the contract u!on which this action ay "e sustained. 1, the declaration :, the !lea. 8, the ,udg ent% :% A 1% Assu !sit lies to recover da ages for the "reach of all !arol or si !le contracts, whether written or not written e-!ress or i !lied. for the !ay ent of oney, or for the !erfor ance or o ission of any other act% 5or e-a !le, to recover, oney lent, !aid, or had and received, to the use of the !laintiff. and in so e cases, where oney has "een received "y the defendant, in conse#uence of so e tortious act to the !laintiff's !ro!erty, the !laintiff ay waive the tort, and sue the defendant in assu !sit% 5 7ic'% 185. 1 @% @% ;arsh% 58: : ?atts, *% 199. 8 Binn% :98. : Dana, *% 551. 1 /% 6% *e!% 151. 11 7ic'% 112 8 (all% *% 861. 8 7ic'% 851% 0t is the !ro!er re edy for wor' and la"or done, and services rendered 1 Fill, =5. 8 <% ) ;% :=9 1 Fil an, 1 : >eates, 152 = Ala% 988 "ut such wor', la"or, or services, ust "e rendered at the re#uest, e-!ress or i !lied, of the defendant. 1

*e!% (ons% (t% 888. 1 ;'(ord, 11. 12 @ohn% 18 11 ;ass% :9. 18 ;ass% 196. 5 ;onr% 51: 1 ;ur!h% 181. for goods sold and delivered. 6 @% @% ;arsh% 881. 11 7ic'% 112. : /% 6% *e!% :88. 1 ;is% 8:2. for a "reach of !ro ise of arriage% : ;ass% 9: 1 Dverton, 1:: 1 7% <% *% 82% Assu !sit lies to recover the !urchase oney for land sold. 18 @ohns% *% 112. 18 @ohns% *% 161. 12 @ohns% *% 8:8 : ;'(ord, *% 811. and it lies, s!ecially, u!on wagers. 1 (hit% 70% 118. feigned issues. 1 (hit% 70% 116. u!on foreign ,udg ents. 8 ;ass% 19:. Dougl% 1. : East, 111. 11 East, 118. : +% *% 8=:. 5 @ohns% *% 1:1% But it will not lie on a ,udg ent o"tained in a sister state% 1 Bi"", :61 1= @ohns% 161. : 5airf% =8. 1 *awle, 8:1% Assu !sit is the !ro!er re edy u!on an account stated% Bac% A"% Assu !sit, A% 0t will lie for a cor!oration, 1 Lev% 151. 1 (a !% 866% 0n England it does not lie against a cor!oration, unless "y e-!ress authority of so e legislative act. 1 (hit% 70% =8. "ut in this country it lies against a cor!oration aggregate, on an e-!ress or i !lied !ro ise, in the sa e anner as against an individual% 9 (ranch, 1=9 = 7et% 581. : <% ) *% 119 8 <% ) *% 16 11 @ohns% 1:1. 18 @ohns% 118. 1 Bay, 12= 1 (hi! % :91, 856. 1 Ai'% 182 12 ;ass, :=9% But see : ;arsh% 1. : Dall% 8=6% 8% A 1% +he declaration ust invaria"ly disclose the consideration of the contract, the contract itself, and the "reach of it. Bac% A"% h% t% 5 5 ;ass% =8. "ut in a declaration on a negotia"le instru ent under the statute of Anne, it is not re#uisite to, allege any consideration. 1 Leigh, *% 1=8. and on a note e-!ressed to have "een given for value received, it is not necessary to aver a s!ecial consideration% 9 @ohns% :11% <ee ;ass% =9% +he gist of this action is the !ro ise, and it ust "e averred% 1 ?ash% 189 1 /% 6% *e!% 18= 6ardin, 115% Da ages should "e laid in a sufficient a ount to cover the real a ount of the clai % <ee 8 7ic'% 8=9. 1 *e!% (onst% (t% ::=. 8 ;unf% =5. 5 ;unf% 1:. 1 /% 6% *e!% 18=. 1 Breese, 186. 1 6all, 121. 8 @ohns% 182. 11 <% ) *% 19. 5 <% ) *% 51= 6 (onn% 196. = (onn% 528. 1 /% ) ;% :81. 6 (owen, 151. 1 Bi"", 81=. : (aines, 186% 5% A :% +he usual !lea is non-assu !sit, $#% v%& under which the defendant ay give in evidence ost atters of defence% (o % Dig% 7leader, 1 F 1% ?hen there are several defendants they cannot !lead the general issue severally. 6 ;ass% 888. nor the sa e !lea in "ar, severally% 1: ;ass% 151% +he !lea of not guilty, in an action of assu !sit, is cured "y verdict% 8 <% ) *% 581. 8 (all% 851% <ee 1 ;arsh, 621. 19 ;ass% 61:% 1 Freenl% :61. ;inor, 158 Bouv% 0nst% 0nde-, h% t% 6% A 8% @udg ent% 4ide @udg ent in Assu !sit% 4ide Bac% A"% h% t%. (o % Dig% Action u!on the (ase u!on Assu !sit. Dane's A"% 0nde-, h% t%. 4iner's A"% h% t%. 1 (hit% 7i% h% t%. 7etersd% h% t%. Lawes 70% in Assu !sit the various Digests, h% t% Actions. (ovenant. De"t. 0nde"itatus assu !sit. 7adu (onstitutiae !ecuniae% ASSURANCE, co % law% 0nsurance% $#% v%& ASSURANCE, conveyancing% +his is called a co on assurance% But the ter assurances includes, in an enlarged sense, all instru ents which dis!ose of !ro!erty, whether they "e the grants of !rivate !ersons, or not. such are fines and recoveries, and !rivate acts of the legislature% Euno % Dial% 1, s% 5% ASSURED% A !erson who has "een insured "y so e insurance co !any, or underwriter, against losses or !erils entioned in the !olicy of insurance% 4ide 0nsured% ASSURER% Dne who insures another against certain !erils and dangers% +he sa e as underwriter% $#% v%& 4ide 0nsurer%

ASSYTHMENT, <cotch law% An inde nification which a cri inal is "ound to a'e to the !arty in,ured or his e-ecutors, though the cri e itself should "e e-tinguished "y !ardon% Ers'% 7r% L% <cot% 8, :, 1:% ASYLUM% A !lace, of refuge where de"tors and cri inals fled for safety% 1% At one ti e, in Euro!e, churches and other consecrated !laces served as asylu s, to the disgrace of the law% +hese never !rotected cri inals in the Enited <tates% 0t ay "e #uestioned whether the house of an a "assador $#% v%& would not afford !rotection te !orarily, to a !erson who should ta'e refuge there% AT LAW% +his !hrase is used to !oint out that a thing is to "e done according to the course of the co on law. it is distinguished fro a !roceeding in e#uity% 1% 0n any cases when there is no re edy at law, one will "e afforded in e#uity% <ee : Bouv% 0nst% n% 1811% ATAVUS% +he ale ascendant in the fifth degree, was so called a ong the *o ans, and in ta"les of genealogy the ter is still e !loyed% ATHEIST% Dne who denies the e-istence of Fod% 1% As atheists have not any religion that can "ind their consciences to s!ea' the truth, they are e-cluded fro "eing witnesses% Bull% /% 7% 1=1. 1 At'% 82. Fil"% Ev% 11=. 1 7hil% Ev% 1=% <ee also, (o% Litt% 6 "%. 1 0nst% 626. : 0nst% 165. ?illes, *% 851 6aw'% B% 1, c% 86, s% 188. 1 6ale's 7% (% 19=% TO ATTACH, cri % law, !ractice% +o an attach ent for conte !t for the non-ta'e or a!!rehend "y virtue of the order of a writ or !rece!t, co only called an attach ent% 0t differs fro an arrest in this, that he who arrests a an, ta'es hi to a !erson of higher !ower to "e dis!osed of. "ut "e who attaches, 'ee!s the !arty attached, according to the e-igency of his writ, and "rings hi into court oh the day assigned% Citch% 19=. Bract% li"% 8. 5leta, li"% 5, c% 18. 19 <% ) *% 1==% ATTACHE;% (onnected with, attached to% +his word is used to signify those !ersons who are attached to a foreign legation% An attache is a !u"lic inister within the eaning of the Act of A!ril :2, 19=2, s% :9, 1 <tory's L% E% <% 8=, which !rotects fro violence Gthe !erson of an a "assador or other !u"lic inister%G 1 Bald% 182 4ide 1 ?% (% (% *% 125. 8 ?% (% (% *% 5:1. 1 Dall% 119. 1 ?% (% (% *% 1:1. 8 Dall% :11% 4ide A "assador. (onsul. Envoy. ;inister% ATTACHMENT, cri % law, !ractice% A writ re#uiring a sheriff to a!!rehend a !articular !erson, who has "een guilty of% a conte !t of court, and to "ring the offender "efore the court% +idd's 7r% 0nde-, h% t%. Fra"% 7r% 555% 1% 0t ay "e awarded "y the court u!on a "are suggestion, though generally an oath stating what conte !t has "een co itted is re#uired, or on their own 'nowledge without indict ent or infor ation% An attach ent ay "e issued against officers of the court for diso"edience or conte !t of their rules and orders, for diso"edience of their !rocess, and for distur"ing the in their lawful !roceedings% Bac% A"% h% t% A% in the nature of a civil e-ecution, and it was therefore held it could not "e e-ecuted on <unday. 1 +% *% 166. (ow!er, :=8. ?illes, *% 1=1, note $"&. yet, in% one case, it was decided, that it was so far cri inal, that it could not "e granted in England on the affir ation of a

Hua'er% <tra% 881% <ee 5 6alst% 6:. 1 (owen, 111, note. Bac% A"% h% t% ATTACHMENT, re edies% A writ issued "y a court of co !etent ,urisdiction, co anding the sheriff or other !ro!er officer to sei3e any !ro!erty. credit, or right, "elonging to the defendant, in whatever hands the sa e ay "e found, to satisfy the de and which the !laintiff has against hi % 1% +his writ always issues "efore ,udg ent, and is intended to co !el an a!!earance in this res!ect it differs fro an e-ecution% 0n so e of the states this !rocess can "e issued only against a"sconding de"tors, or those who conceal the selves. in others it is issued in the first instance, so that the !ro!erty attached ay res!ond to the e-igency of the writ, and satisfy the ,udg ent% :% +here are two 'inds of attach ent in 7ennsylvania, the foreign attach ent, and the do estic attach ent% l% +he foreign attach ent is a ode of !roceeding "y a creditor against the !ro!erty of his de"tor, when the de"tor is out of the ,urisdiction of the state, and is not an inha"itant of the sa e% +he o",ect of this !rocess is in the first instance to co !el an a!!earance "y the de"tor, although his !ro!erty ay even eventually "e ade lia"le to the a ount of the !laintiff 0s clai % 0t will "e !ro!er to consider, 1% "y who it "e issued. 1% against what !ro!erty :% ode of !roceeding% 1% +he !laintiff ust "e a creditor of the defendant. the clai of the !laintiff need not, however, "e technically a de"t, "ut it ay "e such on which an action of assu !sit would lie "ut an attach ent will not lie for a de and which arises e- delicto. or when s!ecial "ail would not "e regularly re#uired% <erg% on Att% 51% 1% +he writ of attach ent ay "e issued against the real and !ersonal estate of any !erson not residing within the co onwealth, and not "eing within the county in which such writ ay issue, at the ti e% of the issuing thereof% And !roceedings ay "e had against !ersons convicted of cri e, and sentenced to i !rison ent% :% +he writ of attach ent is in general ter s, not s!ecifying in the "ody of it the na e of the garnishee, or the !ro!erty to "e attached, "ut co anding the officer to attach the defendant, "y all and singular his goods and chattels, in whose hands or !ossession soever the sa e ay "e found in his "ailiwic', so that he "e and a!!ear "efore the court at a certain ti e to answer, )c% +he foreign attach ent is issued solely for the "enefit of the !laintiff% 8% A 1% +he do estic attach ent is issued "y the court of co on !leas of the county in which any de"tor, "eing an inha"itant of the co onwealth, ay reside. if such de"tor shall have a"sconded fro the !lace of his usual a"ode within the sa e, or shall have re ained a"sent fro the co onwealth, or shall have confined hi self to his own house, or concealed hi self elsewhere, with a design, in either case, to defraud his creditors% 0t is issued on an oath or affir ation, !reviously ade "y a creditor of such !erson, or "y so e one on his "e"alf, of the truth of his de"t, and of the facts u!on which the attach ent ay "e founded% Any other creditor of such !erson, u!on affidavit of his de"t as aforesaid, ay suggest his na e u!on the record, and thereu!on such creditor ay !roceed to !rosecute his said writ, if the !erson suing the sa e shall refuse or neglect to !roceed thereon, or if he fail to esta"lish his right to !rosecute the sa e, as a creditor of the defendant% +he !ro!erty attached is vested in trustees to "e a!!ointed "y the court, who are, after giving si- onths !u"lic notice of their a!!oint ent, to distri"ute the assets attached a ong the creditors under certain regulations !rescri"ed "y the act of asse "ly% 7erisha"le goods way "e sold under an order of the court, "oth under

a foreign and do estic attach ent% 4ide <erg% on Attach ents ?hart% Dig% title Attach ent% 5% By the code of !ractice of Louisiana, an attach ent in the hands of third !erson is declared to "e a andate which a creditor o"tains fro a co !etent officer, co anding the sei3ure of any !ro!erty, credit or right, "elonging to his de"tor, in whatever hands they ay "e found, to satisfy the de and which he intends to "ring against hi % A creditor ay o"tain such attach ent of the !ro!erty of his de"tor, in the following cases% 1% ?hen such de"tor is a"out !er anently leaving the state, without there "eing a !ossi"ility, in the ordinary course of ,udicial !roceedings, of o"taining or e-ecuting ,udg ent against hi !revious to, his de!arture. or when such de"tor has already left the state never again to return% 1% ?hen such de"tor resides out of the state% :% ?hen he conceals hi self to avoid "eing cited or forced to answer to the suit intended to "e "rought against hi % Articles 1:=, 182% 6% By the local laws of so e of the /ew England states, and !articularly of the states of ;assachusetts, /ew 6a !shire and ;aine, !ersonal !ro!erty and real estate ay "e attached u!on esne !rocess to res!ond the e-igency of the writ, and satisfy the ,udg ent% 0n such cases it is the co on !ractice for the officer to "ail the goods attached, to so e !erson, who is usually a friend of the de"tor, u!on an e-!ress or i !lied agree ent on his !art, to have the forthco ing on de and, or in ti e to res!ond the ,udg ent, when the e-ecution thereon shall "e issued% <tory on Bail % 118% As to the rights and duties of the officer or "ailor in such cases, and as to the rights and duties of the "ailee, who is con only called the recei!tor, see 1 ;ass% 518. = ;ass% 111 11 ;ass% 111. 6 @ohns% *% 1=5 = ;ass% 128, 165. 12 ;ass% 115 15 ;ass% :12. 1 7ic'% *% 1:1, :8=% <ee ;etc% ) 7er'% Dig% tit% A"sent and A"sconding De"tors% ATTACHMENT OF PRIVILE5E, Eng% law% A !rocess "y which a an "y virtue of his !rivilege, calls another to litigate in that court to which he hi self "elongs. and who has the !rivilege to answer there% ATTAINDER, English cri inal law% Attinctura, the stain or corru!tion of "lood which arises fro "eing conde ned for any cri e% 1% Attainder "y confession, is either "y !leading guilty at the "ar "efore the ,udges, and not !utting one's self on one's trial "y a ,ury. or "efore the coroner in sanctuary, when in ancient ti es, the offender was o"liged to a",ure the real % :% Attainder "y verdict, is when the !risoner at the "ar !leads not guilty to the indict ent, and is !ronounced guilty "y the verdict of the ,ury% 8% Attainder "y !rocess or outlawry, is when the !arty flies, and is su"se#uently outlawed% (o% Lit% :=1% 5% Bill of attainder, is a "ill "rought into !arlia ent for attainting !ersons conde ned for high treason% By the constitution of the Enited <tates, art% 1, sect% =, :, it is !rovided that no "ill of attainder or e- !ost facto law shall "e !assed% ATTAINT, English law% 1% Atinctus, attainted, stained, or "lac'ened% 1% A writ which lies to in#uire whether a ,ury of twelve en gave a false verdict% Bract% li"% 8, tr% 1, c% 1:8. 5leta, li"% 5, c% 11, 8% 1% 0t was a trial "y ,ury of twenty-four en e !anelled to try the goodness, of a for er

verdict% : Bl% (o % :51. : Fil"% Ev% "y Lofft, 1186% <ee Assi3e% ATTEMPT, cri inal law% An atte !t to co it a cri e, is an endeavor to acco !lish it, carried "eyond ere !re!aration, "ut falling short of e-ecution of the ulti ate design, in any !art of it% 1% Between !re!arations and atte !ts to co it a cri e, the distinction is in any cases, very indeter inate% A an who "uys !oison for the !ur!ose of co itting a urder, and i-es it in the food intended for his victi , and !laces it on a ta"le where he ay ta'e it, will or will not "e guilty of an atte !t to !oison, fro the si !le circu stance of his ta'ing "ac' the !oisoned food "efore or after the victi has had an o!!ortunity to ta'e it. for if i ediately on !utting it down, he should ta'e it u!, and, awa'ened to a ,ust consideration of the enor ity of the cri e, destroy it, this would a ount only to !re!arations and certainly if "efore he !laced it on the ta"le, or "efore he i-ed the !oison with the food, he had re!ented of his intention there would have "een no atte !t to co it a cri e. the law gives this as a locus !enitentiae% An atte !t to co it a cri e is a isde eanor. and an atte !t to co it a isde eanor, is itself a isde eanor% 1 *uss% on (r% 88. 1 East, *% 8. : 7ic'% *% 16. : Benth% Ev% 6=. 6 (% ) 7% :68% ATTENDANT% Dne who owes a duty or service to another, or in so e sort de!ends u!on hi % +er es de la Ley, h% t% As to attendant ter s, see 7owell on ;orts% 0nde-, tit% Attendant ter . 7ar' on Dower, c% 1 9% ATTENTAT, 0n the language of the civil and canon laws, is anything whatsoever in the suit "y the ,udge a #uo, !ending an a!!eal% 1 Adda s, *% 11, n%. Ayl% 7ar% 122% ATTERMININ5% +he granting a ti e or ter not used% <ee Delay% for the !ay ent of a de"t% +his word is

ATTESTATION, contracts and evidence% +he act of witnessing an instru ent of writing, at the re#uest of the !arty a'ing the sa e, and su"scri"ing it as a witness% : 7% ? s% 158 1 4es% 858 1 4es% ) B% :61.: ;arsh% 186. : Bi""% 8=8. 19 7ic'% :9:% 1% 0t will "e !ro!er to consider, 1% how it is to "e u!on the witness. 8% its effect u!on the !arties% ade 1% "ow it is !roved. :% its effects

:% A 1% +he attestation should "e ade in the case of wills, agreea"ly to the direction of the statute. (o % Dig% Estates, E 1 and in the case of deeds or other writings, at the re#uest of the !arty e-ecuting the sa e% A !erson who sees an instru ent e-ecuted, "ut is not desired "y the !arties to attest it, is not therefore an attesting witness, although he afterwards su"scri"es it as such% : (a !% 1:1% <ee, as to the for of attestation, 1 <outh% *% 88=% 8% A 1% +he general rule is, that an attested instru ent ust "e !roved "y the attesting witness% But to this rule there are various e-ce!tions, na elyB 1% 0f he reside out of the ,urisdiction of the court. 11 7ic'% *% 85. 1% or is dead. :% or "eco es insane. : (a !% 18:. 8% or has an interest. 5 +% *% :91. 5% or has arried the !arty who offers the instru ent. 1 Es!% (% 6=8 6% or refuses to testify 8 ;% ) <% :5:. 9% or where the witness swears he did not see the writing e-ecuted. 8% or "eco es infa ous. <tr% 8::. =% or "lind. 1 Ld% *ay % 9:8% 5ro these nu erous cases, and those to "e found in the "oo's, it would see that, whenever fro any cause the attesting witness cannot "e had secondary evidence ay "e

given% But the ina"ility to !rocure the witness ust "e a"solute, and, therefore, when "e is una"le to attend fro sic'ness only, his evidence cannot "e dis!ensed with% 8 +aunt% 86% <ee 8 6alst% *% :11. Andr% 1:6 1 <tr% 12=6. 12 4es% 198. 8 ;% ) <% :5: 9 +aunt% 151. 6 <erg% ) *awle, :12. 1 *e!% (onst%. (o% <o% (a% :12. 5 (ranch, 1:. (o % Dig% tit% +est oigne, Evidence, Addenda. 5 (o % Dig% 881. 8 >eates, 9=% 5% A :% ?hen the witness attests an instru ent which conveys away, or dis!oses of his !ro!erty or rights, he is esto!!ed fro denying the effects of such instru ent. "ut in such case he ust have "een aware of its contents, and this ust "e !roved% 1 Es!% (% 58% 6% A 8% 7roof of the attestation is evidence of the sealing and delivery% 6 <erg% ) *awle, :11. 1 East, *% 152. 1 Bos% ) 7ull% :62. 9 +% *% 166% <ee, in general, <tar'ie's Ev% !art 1, ::1. 1 7hil% Ev% 81= to 811. 11 ?heat% =1. 1 Dall% =6. : *awle's *e!% :11 1 4es% @r% 11. 1 Eccl% *e!% 62, 118, 18=, :69 1 Bro% (iv, Law, 19=, 186. Fresl% E#% Ev% 11= Bouv% 0nst% n% :116% ATTESTATION CLAUSE, wills and contracts% +hat clause wherein the witnesses certify that the instru ent has "een e-ecuted "efore the , and the anner of the e-ecution of the sa e% +he usual attestation clause to a will, is in the following for ula, to witB G<igned, sealed, !u"lished and declared "y the a"ove na ed A B, as and for his last will and testa ent, in the !resence of us, who have hereunto su"scri"ed our na es as the witnesses thereto, in the !resence of the said testator, and of each other%G +hat of deeds is generally in these words G <ealed and delivered in the !resence of us%G 1% ?hen there is an attestation clause to a will, unsu"scri"ed "y witnesses, the !resu !tion, though slight, is that the will is in an unfinished state. and it ust "e re oved "y so e e-trinsic circu stances% 1 Eccl% *e!% 62% +his '!resu !tion is infinitely slighter, where the writer's iutention to have it regularly attested, is to "e collected only fro the single vord G witnesses%G 0d% 118% <ee : 7hilli % *% :1:. <% (% 1 Eng% Eccl% *% 829% ATTESTIN5 WITNESS% Dne who, u!on "eing re#uired "y the !arties to an instru ent, signs his na e to it to !rove it, and for the !ur!ose of identification% 1% +he witness ust "e desired "y the !arties to attest it, for unless this "e done, he will not "e an attesting witness, although he ay have seen the !arties e-ecute it% : (a !"% 1:1% <ee (o !etent witness. (redi"le witness. Disinterested witness. *es!ecta"le witness. <u"scri"ing witness. and ?itness. ?itness instru entary. 5 ?atts, :==. : Bin% 1=8% ATTORNEY% Dne who acts for another "yvirtue of an a!!oint ent "y the latter% Attorneys are of various 'inds% 1% Attorney in fact% A !erson to who the authority of another, who is called the constituent, is "y hi lawfully delegated% +his ter is e !loyed to designate !ersons who act under a s!ecial agency, or a s!ecial letter of attorney, so that they are a!!ointed in factu , for the deed, or s!ecial act to "e !erfor ed. "ut in a ore e-tended sense it includes all other agents e !loyed in any "usiness, or to do any act or acts in !ais for another% Bac% A"% Attorney. <tory, Ag% 15% :% All !ersons who are ca!a"le of acting for the selves, and even those who are dis#ualified fro acting in their own ca!acity, if they have sufficient understanding, as

infants of a !ro!er age and fe es coverts, ay act as attorneys of others% (o% Litt% 51, a. 1 Es!% (as% 181. 1 Es!% (as% 511 1 <tar'% (as% /% 7% 128% 8% +he for of his a!!oint ent is "y letter of attorney% $#% v%& 5% +he o",ect of his a!!oint ent is the transaction of so e "usiness of the constituent "y the attorney% 6% +he attorney is "ound to act with due diligence after having acce!ted the e !loy ent, and in the end, to 'render an account to his !rinci!al of the acts which "e has !erfor ed for hi % 4ide Agency. Agent. Authority. and 7rinci!al% 9% Attorney at law% An officer in a court of ,ustice, who is e !loyed "y a !arty in a cause to anage the sa e for hi % A!!earance "y an attorney has "een allowed in England, fro the ti e of the earliest records of the courts of that country% +hey are entioned in Flanville, Bracton, 5leta, and Britton. and a case turning u!on the !arty's right to a!!ear "y attorney, is re!orted, B% 19 Edw% 000%, !% 8, case 1:% 0n 5rance such a!!earances were first allowed "y letters !atent of 7hili! le Bel, A% D% 11=2% 1 5ournel, 6ist% des Avocats, 81. 8:, =1, =: 1 Loisel (outu es, 18, 15% 0t results fro the nature of their functions, and of their duties, as well to the court as to the client, that no one can, even "y consent, "e the attorney of "oth the litigating !arties, in the sa e controversy% 5arresly, 89% 8% 0n so e courts, as in the su!re e court of the Enited <tates, advocates are divided into counsellors at law, $#% v%& and attorneys% +he "usiness of attorneys is to carry on the !ractical and for al !arts of the suit% 1 Cent, (o % :29% <ee as to their !owers, 1 <u!!% to 4es% @r% 181, 158. : (hit% Bl% 1:, ::8. Bac% A"% h% t%. : 7enna% *% 98. : ?ils% :98. 16 <% ) *% :68. 18 <% ) *% :29. 9 (ranch, 851. 1 7enna% *% 168% 0n general, the agree ent of an attorney at law, within the sco!e of his e !loy ent, "inds his client. 1 <al'% 86 as to a end the record, 1 Binn% 95. to refer a cause 1 Dall% *e!% 168. 6 Binn% 121. 9 (ranch, 8:6. : +aunt% 886. not to sue out a writ of error. 1 6% Bl% 11, 1: 1 <aund% 91, a, ". 1 +er *e!% :88 to stri'e off a non !ros. 1 Bin% 86=-92 to waive a ,udg ent "y default. 1 Arc"% 7r% 16. and this is "ut ,ust and reasona"le% 1 Bin% 161% But the act ust "e within the sco!e of their authority% +hey cannot, for e-a !le, without s!ecial authority, !urchase lands for the client at sheriff's sale% 1 <% ) *% 11 11 @ohns% 868% =% +he na e of attorney is given to those officers who !ractice in courts of co on law. solicitors, in courts% of e#uity and !roctors, in courts of ad iralty, and in the English ecclesiastical courts% 12% +he !rinci!al duties of an attorney are, 1% +o "e true to the court and to his client. 1% +o anage the "usiness of his client with care, s'ill and integrity% 8 Burr% 1261 1 B% ) A% 121. 1 ?ils% :15. 1 Bing% *% :89. :% +o 'ee! his client infor ed as to the state of his "usiness. 8% +o 'ee! his secrets confided to hi as such% <ee (lient (onfidential (o unication% 11% 5or a violation of his duties, an action will in general lie. 1 Freenl% Ev% 185, 186. and, in so e cases, he ay "e !unished "y an attach ent% 6is rights are, to "e ,ustly co !ensated for his services% 4ide 1 Ceen's *% 668. (lient. (ounsellor at law% 11% Attorney-general of the Enited <tates, is an officer a!!ointed "y the !resident% 6e should "e learned in the law, and "e sworn or affir ed to a faithful e-ecution of his office%

1:% 6is duties are to !rosecute and conduct all suits in the su!re e court, in which the Enited <tates shall "e concerned. and give his advice u!on #uestions of law, when re#uired "y the !resident, or when re#uested "y the heads of any of the de!art ents, touching atters that ay (oncern their de!art ents% Act of 18th <e!t% 198=% 18% 6is salary is three thousand five hundred dollars !er annu , and he is allowed one cler', whose co !ensation shall not e-ceed one thousand dollars !er annu % Act 12th 5e"% 181=, : <tory's Laws, 1912, and Act 12th A!ril, 1818, s% 6, : <tory's Laws, 16=:% By the act of ;ay =, 18:2, 8 <harsw% cont% of <tory, L% E% <% 1128, 12, his salary is increased five hundred dollars !er annu % ATTORNMENT, estates% ?as the agree ent of the tenant to the grant of the seignory, or of a rent, or the agree ent of the donee in tail, or tenant for life, or years, to a grant of a reversion or of a re ainder ade to another% (o% Litt% :2=. +ouchs% 15:% Attorn ents are rendered unnecessary, even in England, "y virtue of sundry statutes, and they are a"olished in the Enited <tates% 8 Cent, (o % 89=. 1 6ill% A"% 118, =% 4ide : 4in% A"% :19. 1 4ern% ::2, n%. <aund% 1:8, n% 8. *oll% A"% h% t%. /elson's A"% h% t%. (o % Dig% h% t% AU BESOIN% +his is a 5rench !hrase, used in co ercial law% ?hen the drawer of a foreign "ill of e-change wishes as a atter of !recaution, and to-save e-!enses, he !uts in the corner of the "ill, G Au "esoin che3 ;essieurs or, in other words, G 0n case of need, a!!ly to ;essrs% at RRRRRRRRRR G RRRRRRRRRRR%G 1 Bouv% 0nst% n% 11:: 7ardess Droit (o % 128% AUBAINE, 5rench law% ?hen a foreigner died in 5rance, the crown "y virtue of a right called droit d'au"aine, for erly clai ed all the !ersonal !ro!erty such foreigner had in 5rance at the ti e of his death% +his "ar"arous law was swe!t away "y the 5rench revolution of 198=% 4ide Al"inatus @us% 1 ;alleville's Analyse de la Discussion du (ode (ivil, !!% 16, 18 1 +oullier, 1:6, n% 165% AUCTION, co erce, contract% A !u"lic sale of !ro!erty to the highest "idder% A ong the *o ans this 'ind of sale, was ade "y a crier under a s!ear $su" hasta& stuc' in the ground% 1% Auctions are generally held "y e-!ress authority, and the !erson who conducts the licensed to do so under various regulations% is

:% +he anner of conducting an auction is i aterial. whether it "e "y !u"lic outcry or "y any other anner% +he essential !art is the selection of a !urchaser fro a nu "er of "idders% 0n a case where a wo an continued silent during the whole ti e of the sale, "ut whenever anyone "id she gave hi a glass of "randy, and when the sale "ro'e u!, the !erson who received the last glass of "randy was ta'en into a !rivate roo , and he was declared to "e the !urchaser. this was ad,udged to "e an auction% 1 Dow% 115% 8% +he law re#uires fairness in auction sales, and when a !uffer is e !loyed to raise the !ro!erty offered for sale on "ona fide "idders, or a co "ination is entered into "etween two or ore !ersons not to over"id each other, the contract ay in general "e avoided% 4ide 7uffer, and 6 @ohn% *% 1=8. 8 @ohn% *% 888. : @ohn% (as% 1=. (ow!% :=5. 6 +% *% 681. 6arr% Dig% <ale, 04%. and the article (onditions <ale% 4ide 6arr% Dig% <ale, 04%. 1: 7rice, *% 96. ;'(lel% *% 15. 6 East, *% :=1. 5 B% ) A% 159. <% (% 1 <tar'% *% 1=5. 1 Es!% *% :82. 5 Es!% *% 12: 8 +aunt% *% 12=. 1 6% Bl% *% 81. 1 (hit% *% 15:. (ow!% *% :=5. 1 Bouv% 0nst%, n% =96%

AUCTIONEER, contracts, co others at !u"lic sale%

erce% A !erson authori3ed "y law to sell the goods of

1% 6e is the agent of "oth !arties, the seller and the "uyer% 1 +aunt% :8, 12= 8 Freenl% *% 1. (hit% (ontr% 128% :% 6is rights are, 1% to charge a co ission for his services. 1% "e has an interest in the goods sold cou!led with the !ossession. :% he has a lien for his co issions. 8% he ay sue the "uyer for the !urchase- oney% 8% 6e is lia"le, 1% to the owner for a faithful discharge of his duties in the sale, and if he gives credit without authority, for the value of the goods. 1% he is res!onsi"le for the duties due to the govern ent. :% he is answera"le to the !urchaser when he does not disclose the na e of the !rinci!al. 8% "e ay "e sued when he sells the goods of a third !erson, after notice not to sell the % 7ea'e's *e!% 112. 1 Cent, (o % 81:, 8. 8 @ohn% (h% *% 65=. : Burr% *% 1=11.%1 +aunt% *% :8. 1, @ac% ) ?al'% *% :52. : 4% ) B% 59. 1: 4es% *% 891. 1 >% ) @% *% :8=. 5 Barn, ) Ald% :::. 1 6% Bl% 81. 9 East, *% 558. 8 B% ) Adol!"% *% 88:. 9 +aunt% 12=. : (hit% (o % L% 112. <tory on Ag% 19 1 Liv% Ag% ::5 (ow!% :=5. 6 +% *% 681. 6 @ohn% 1=8. Bouv% 0nst% 0nde-, h% t% AUCTOR% A ong the *o ans the seller was called auctor. and !u"lic, sales were ade "y fi-ing a s!ear in the foru , and a !erson who acted as crier stood "y the s!ear the catalogue of the goods to "e sold was ade in ta"les called auctionariae% AUDIENCE% A hearing% 0t is usual for the e-ecutive of a country to who a inister has "een sent, to give such inister an audience% And after a inister has "een recalled, au audience of leave usually ta'es !lace% AUDIENCE COURT, Eng% eccl% law% A court "elonging to the arch"isho! of (anter"ury, having the sa e authority with the court of arches% 8 0nst% ::9% AUDIENDO ET TERMINANDO, oyer and ter iner, English cri % law% A writ, or rather a co ission, directed to certain !ersons for the trial and !unish ent of such !ersons as have "een concerned in a riotous asse "ly, insurrection or other heinous isde eanor% AUDITA 4UERELA% A writ a!!lica"le to the case of a defendant against who a ,udg ent has "een recovered, $and who is therefore in danger of e-ecution or !erha!s actually in e-ecution,& grounded on so e atter of discharge which ha!!ened after the ,udg ent, and not u!on any atter which ight have "een !leaded as a defence to the action% 1: ;ass% 85:. 11 ;ass% 192. 6 4er % 18:. Bac% A"% h% t%. 1 <aund% 188, n% 1. 1 <ell% 7r% 151% 1% 0t is a re edial !rocess, which "ears solely on the wrongful acts of the o!!osite !arty, and not u!on the erroneous ,udg ents or acts of the court% 12 ;ass% 12:. 19 ;ass% 15=. 1 Ai'% :6:% 0t will therefore, where the cause of co !laint is a !ro!er su",ect for a writ of error% 1 4er % 8::, 8=1. Brayt% 19% :% An audita #uerela is in the nature of an e#uita"le suit, in which the e#uita"le rights of the !arties will "e considered% 12 ;ass% 121. 18 ;ass% 888 1 @ohn% (as% 119% 8% An audita #uerela is a regular suit, in which the !arties ay !lead, ta'e issue, )c% 19 @ohn% 888% But the writ ust "e allowed in o!en court, and is not, of itself, a su!ersedeas,

which ay or ay not "e granted, in the discretion of the court, according to circu stances% 1 @ohn% 119% 5% 0n odern !ractice, it is usual to grant the sa e relief, on otion, which ight "e o"tained "y audita #uerelaB 8 @ohn% 1=1 11 <% ) *% 198 and in 4irginia, 5 *and% 6:=, and <outh (arolina, 1 6ill, 1=8. the su ary re edy, "y otion, has su!erseded this ancient re edy% 0n 7ennsylvania this writ% 0t see s, ay still "e aintained, though relief is ore generally o"tained on otion% 11 <% ) *% 198% 4ide, generally, 7et% (% (% *% 16=. Brayt% 1 or, 18. ?al'er, 66 1 (hi! % :89. : (onn% 162. 12 7ic'% 8:= 1 Ai'% 129. 1 Dvert% 815 1 @ohn% (as% 119 1 *oot. 151. 1 *oot, 198. = @ohn% 111 Bouv% 0nst% 0nde-, h% t% AUDITOR% An officer whose duty is to e-a ine the accounts of officers who have received and dis"ursed !u"lic oneys "y lawful authority% <ee Acts of (ongress, A!ril :, 1819. : <tory's Laws E% <% 16:2. and the Act of 5e"ruary 18, 181=, : <tory's L% E% <% 1911% AUDITORS, !ractice% 7ersons lawfully a!!ointed to e-a ine and digest accounts referred to the , ta'e down the evidence in writing, which ay "e lawfully offered in relation to such accounts, and !re!are aterials on which a decree or ,udg ent ay "e ade. and to re!ort the whole, together with their o!inion, to the, court in which such accounts originated% 6 (ranch, 8. 1 Ai'% 185. 11 ;ass% 811% 1% +heir re!ort is not, !er se, "inding and conclusive, "ut will "eco e so, unless e-ce!ted to% 5 *awle, *% :1:% 0t ay "e set aside, either with or without e-ce!tions to it "eing filed% 0n the first case, when errors are a!!arent on its face, it ay "e set aside or corrected% 1 (ranch, 118. 5 (ranch, :1:% 0n the second case, it ay "e set aside for any fraud, corru!tion, gross isconduct, or error% 6 (ranch, 8. 8 (ranch, :28. 1 Ai'% 185% +he auditors ought to "e sworn, "ut this will "e !resu ed% 8 4er % :=6% :% Auditors are also !ersons a!!ointed to e-a ine the accounts su"sisting "etween the !arties in an action of account render, after a ,udg ent #uod co !utet% Bac% A"% Acco !t, 5% 8% +he auditors are re#uired to state a s!ecial account, 8 >eates, 518, and the whole is to "e "rought down to the ti e when they a'e an end of their account% 1 Burr% 1286% And auditors are to a'e !ro!er charges and credits without regard to ti e, or the verdict% 1 <% ) *% :19% ?hen the facts or atters of law are dis!uted "efore the , they are to re!ort the to the court, when the for er will "e decided "y a ,ury, and the latter "y the court, and the result sent to the auditors for their guidance% 5 Binn% 8::% AU5MENTATION, old English law% +he na e of a court erected "y 6enry 4000%, which was invested with the !ower of deter ining suits and controversies relating to onasteries and a""ey lands% AULA RE5IS% +he na e of an English court, so called "ecause it was held in the great hall of the 'ing's !alace% 4ide (uria *egis% AUNT, do estic relations% +he sister of one's father or other. she is a relation in the third degree% 4ide 1 (o % Dig% 898 Dane's A"% c% 116, a% :% 8% AUTER% Another% +his word is fre#uently used in co !osition, us auter droit, auter vie, auter action, )c% %

AUTRE ACTION PENDANT% A !lea that another action is !ending for the sa e cause% 1% 0t is evident that a !laintiff cannot have two actions at the sa e ti e, for the sa e cause, against the sa e defendant. and when a second action is so co enced, and this !lea is filed, the first action ust "e discontinued, and the costs !aid, and this ought to "e done "efore the !laintiff re!lies nul tiel record% Frah% 7r% =8% <ee Lis 7endens% :% But the suit ust "e for the sa e cause, in order to ta'e advantage of it under these circu stances, for if it "e for a different cause, as, if the action "e for a lien, as, a !roceeding in, re to enforce a echanic's lien, it cannot "e !leaded in a"ate ent in an action for the la"or and aterials% : <ca % 121% <ee 16 4er % 1:8. 1 *ichards, 8:8. : ?atts ) <% :=5 9 ;ete% 592. = /% 6% *e!% 585% 8% 0n general, the !ending of another action ust "e !leaded in a"ate ent. : *awle, :12. 1 ;ass% 8=5. 5 ;ass% 198, 19=. 1 /% 6% *e!% :6 9 4er % 118. : Dana, 159. 1 Ash % 8, 1 Browne, 195 8 6% ) ;% 889. "ut in a !enal action, at the suit of a co on infor er, the !riority of a for er suit for the sa e !enalty in the na e of a third !erson, ay "e !leaded in "ar, "ecause the !arty who first sued is entitled to the !enalty% 1 (hit% 70% 88:% 5% 6aving once arrested a defendant, the !laintiff cannot, in general, arrest hi again for the sa e cause of action% +idd% 188% But under s!ecial circu stance's, of which the court will ,udge, a defendant ay "e arrested a second ti e% 1 ;iles, ==, 122, 181, 181% 4ide Bac% A"% Bail in civil cases, B :. Frah% 7r% =8. +rou"% ) 6% 7r% 88. 8 >eates, 126, 1 @ohn% (as% :=9. 9 +aunt% 151. 1 ;arsh% :=5. and Lis 7endens% AUTER DROIT, or ore !ro!erly, Autre Droit, another's right% A an ay sue Dr "e sued in another's right. this is the case with e-ecutors and ad inistrators% AUTHENTIC% +his ter signifies an original of whichthere is no dou"t% AUTHENTIC ACT, civil law, contracts, evidence% +he authentic act is that which has "een e-ecuted "efore a notary or other !u"lic officer authori3ed to e-ecute such functions, or which is testified "y a !u"lic seal, or has "een rendered !u"lic "y the authority of a co !etent agistrate, or which is certified as "eing a co!y of a !u"lic register% /ov% 9:, c% 1. (ode, 9, 51. 6. 0d% 8, 11. Dig% 11, 8% 1% 0n Louisiana, the authentic act, as it relates to contracts, is that which has "een e-ecuted "efore a notary !u"lic or other officer authori3ed to e-ecute such functions, in !resence of two witnesses, free, ale, and aged at least fourteen years, or of three witnesses, if the !arty "e "lind% 0f the !arty does not 'now how to sign, the notary ust cause hi to affi- his ar' to the instru ent% (ivil (ode of Lo%, art% 11:1% :% +he authentic act is full !roof of the agree ent contained in it, against the contracting !arties and their% heirs or assigns, unless it "e declared and !roved to "e a forgery% 0d% art% 11::% 4ide ;erl% *e!% h% t% AUTHENTICATION, !ractice% An attestation ade "y a !ro!er officer, "y which he certifies that a record is in due for of law, and that the !erson who certifies it is the officer a!!ointed "y law to do so% 1% +he (onstitution of the E% <%, art% 8, s% 1, declares, G5ull faith and credit shall "e given in each state to the !u"lic acts, records and ,udicial !roceedings of every other state% And congress ay "y general laws !rescri"e the anner in which such acts, records and

!roceedings shall "e !roved, and the effect thereof%G +he o",ect of the authentication is to su!!ly all other !roof of the record% +he laws of the Enited <tates have !rovided a ode of authentication of !u"lic records and office !a!ers. these acts are here transcri"ed% :% By the Act of ;ay 16, 19=2, it is !rovided, G+hat the act of the legislatures of the several states shall "e authenticated "y havig the seal of their res!ective states affi-ed theretoB +hat the records and ,udicial !roceedings of the courts of any state shall "e !roved or ad itted, in any other court within the Enited <tates, "y the attestation of the cler', and the seal of the court anne-ed, if there "e a seal, together with a certificate of the ,udge, chief ,ustice or !residing agistrate, as the case ay "e, that the said attestation is in due for % And the said records and ,udicial !roceedings, authenticated as aforesaid, shall have such faith and credit given to the , in every court within the Enited <tates, as they have, "y law or usage, in the courts of the state fro whence the said records are, or shall "e ta'en%G 8% +he a"ove act having !rovided only for one s!ecies of record, it was necessary to !ass the Act of ;arch 19, 1828, to !rovide for other cases% By this act it is enacted, 1% G +hat, fro and after the !assage of this act, all records and e-e !lifications of office "oo's, which are or ay "e 'e!t in any !u"lic office of any state, not a!!ertaining to a court, shall "e !roved or ad itted in any other court or office in any other state, "y the attestation of the 'ee!er of the said records or "oo's, and the seal of his office thereto anne-ed, if there "e a seal, together with a certificate of the !residing ,ustice of the court of the county or district, as the case ay "e, in which such office is or ay "e 'e!t or of the governor, the secretary of state, the chancellor or the 'ee!er of the great seal of the state, that the said attestation is in due for , and "y the !ro!er officer and the said certificate, if given "y the !residing ,ustice of a court, shall "e further authenticated "y the cler' or !rothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said !residing ,ustice is duly co issioned and #ualified. or if the said certificate "e given "y the. governor, the secretary of state, the chancellor or 'ee!er of the great seal, it shall "e under the great seal of the state in which the said certificate is ade% And the said records and e-e !lifications, authenticated as aforesaid, shall have such faith and credit given to the in every court and office within the Enited <tates, as they have "y law or usage in the courts or offices of the state fro whence the sa e are or shall "e ta'en%G 5% A 1% +hat all the !rovisions of this act, and the act to which this is, a su!!le ent, shall a!!ly, as well to the !u"lic acts, records, office "oo's, ,udicial !roceedings, courts, and offices of the res!ective territories of the Enited <tates, and countries su",ect to the ,urisdiction of the Enited <tates, as to the !u"lic acts, records, office "oo's, ,udicial !roceedings, courts and offices of the several states%G 6% +he Act of ;ay 8, 19=1, s% 11, !rovidesB +hat all the records and !roceedings of the court of a!!eals, heretofore a!!ointed, !revious to the ado!tion of the !resent constitution, shall "e de!osited in the office of the cler' of the su!re e court of the Enited <tates, who is here"y authori3ed and directed to give co!ies of all such records and !roceedings, to any !erson re#uiring and !aying for the sa e, in li'e anner as co!ies of the records and other !roceedings of the said court are "y law directed to "e given. which co!ies shall have li'e faith and credit as all other !roceedings of the said court%G

9% By authentication is also understood whatever act is done either "y the !arty or so e other !erson with a view of causing an instru ent to "e 'nown and identified as for e-a !le, the ac'nowledg ent of a deed "y the grantor. the attesting a deed "y witnesses% 1 Benth% on Ev% 88=% AUTHENTICS, civ% law% +his is the na e given to a collection of the /ovels of @ustinian, ade "y an anony ous author% 0t is called authentic on account of its authority% 1% +here is also another collection which "ears the na e of authentics% 0t is co !osed of e-tracts ade fro the /ovels, "y a lawyer na ed 0rnier, and which he inserted in the code at such !laces as they refer. these e-tracts have the re!utation of not "eing correct% ;erlin, *e!ertoire, ot Authenti#ue% AUTHORITIES, !ractice% By this word is understood the citations which are ade of laws, acts of the legislature, and decided cases, and o!inions of ele entary writers% 0n its ore confined sense, this word eans, cases decided u!on sole n argu ent which are said to '"e authorities for si ilar ,udg ents iii li'e cases% 1 Lilly's *eg% 11=% +hese latter are so eti es called !recedents% $#% v%& ;erlin, *e!ertoire, ot Autorites% 1% 0t has "een re ar'ed, that when we find an o!inion in a te-t writer u!on any !articular !oint, we ust consider it not erely as the o!inion of the author, "ut as the su!!osed result of the authorities to which he refers. : Bos% ) 7ull% :61. "ut this is not always the case, and fre#uently the o!inion is advanced with the reasons which su!!ort it, and it ust stand or fall as these are or are not well founded% A distinction has "een ade "etween writers who have, and those who have not holden a ,udicial station. the for er are considered authority, and the latter are not so considered unless their wor's have "een ,udicially a!!roved as such% *a % on @udg ents, =:% But this distinction a!!ears not to "e well founded. so e writers who have occu!ied a ,udicial station do not !ossess the talents or the learning of others who have not "een so elevated, and the wor's or writings of the latter are uch ore deserving the character of an authority than those of the for er% <ee : +% *% 8, 181% AUTHORITY, contracts% +he delegation of !ower "y one !erson to another% 1% ?e will consider, 1% +he delegation 1% +he nature of the authority% :% +he to "e e-ecuted% 8% +he effects of the authority% anner it is

:% A 1% +he authority ay "e delegated "y deed, or "y !arol% 1% 0t ay "e delegated "y deed for any !ur!ose whatever, for whenever an authority "y !arol would "e sufficient, one "y deed will "e e#ually so% ?hen the authority is to do so ething which ust "e !erfor ed through the ediu of a deed, then the authority ust also "e "y deed, and e-ecuted with all the for s necessary, to render that instru ent !erfect. usless, indeed, the !rinci!al "e !resent, and ver"ally or i !liedly authori3es the agent to fi- his na e to the deed. 8 +% *% :1:. ?% @ones, *% 168. as, if a an "e authori3ed to convey a tract of land, the letter of attorney ust "e "y deed% Bac% A"% h% t%. 9 +% *% 12=. 1 Bos% ) 7ull, ::8. 5 Binn% 61:.% 18 <% ) A% ::1. 6 <% ) *% =2. 1 7ic'% *% :85. 6 ;ass% *% 11. 1 ?end% 818 = ?end% *% 58, 68. 11 ?end% *% 515. <tory, Ag% 8=. : Cent, (o % 61:, :d edit%. : (hit% (o % Law, 1=5% But it does not re#uire a written authority to sign an unscaled !a!er, or a contract in writing not under seal% 7aley on Ag% "y Lloyd, 161. <tory, Ag% 52% 8% A 1% 5or any !ur!oses, however, the authority ay "e "y !arol, either in writing not under seal, or ver"ally, or "y the ere e !loy ent of the agent% 7al% on Agen% 1% +he

e-igencies of co ercial affairs render such an a!!oint ent indis!ensa"le. "usiness would "e greatly e "arrassed, if a regular letter of attorney were re#uired to sign or negotiate a !ro issory note or "ill of e-change, or sell or "uy goods, or write a letter, or !rocure a !olicy for another% +his rule of the co on law has "een ado!ted and followed fro the civil law% <tory, Ag% 89. Dig% :, :, 1, 1 7oth% 7and% :, :, :. Do at, liv% 1, tit% 15, 1, art% 5. see also : (hit% (o % Law, 5, 1=5 9 +% *% :52% 5% A 1% +he authority given ust have "een !ossessed "y the !erson who delegates it, or it will "e void. and it ust "e of a thing lawful, or it will not ,ustify the !erson to who it is given% Dyer, 121. Cielw% 8:% 0t is a a-i that delegata !otestas non !otest delegari, so that an agent who has a ere authority ust e-ecute it hi self, and cannot delegate his authority to a su"-agent% <ee 5 7et% :=2. : <tory, *% 811, 815. 11 Fill ) @ohn% 58. 16 ?end% 885. 15 7ic'% :2:, :29. 1 ;c;ullan, 85:. 8 <ca % 119, 1::. 1 0nst% 5=9% <ee Delegation% 6% Authorities are divided into general or s!ecial% A general authority is one which e-tends to all acts connected with a !articular e !loy ent. a s!ecial authority is one confined to Gan individual instance%G 15 East, 828. 0d% :8% 9% +hey are also divided into li ited and unli ited% ?hen the agent is "ound "y !recise instructions, it is li ited. and unli ited when "e is left to !ursue his own discretion% An authority is either e-!ress or i !lied% 8% An e-!ress authority ay "e "y deed of "y !arol, that is in writing not under seal, or ver"ally%% +he authority ust have "een actually given% =% An i !lied authority is one which, although no !roof e-ists of its having "een actually given, ay "e inferred fro the conduct of the !rinci!al. for e-a !le, when a an leaves his wife without su!!ort, the law !resu es he authori3es her to "uy necessaries for her aintenance. or if a aster, usually send his servant to "uy goods for hi u!on credit, and the servant "uy so e things without the aster's orders, yet the latter will "e lia"le u!on the i !lied authority% <how% =5. 7al% on Ag% 1:9 to 186% 12% A :% 0n considering in what anner the authority is to "e e-ecuted, it will "e necessary to e-a ine, 1% By who the authority ust "e e-ecuted% 1% 0n what anner% :% 0n what ti e% 11% A 1% A delegated authority can "e e-ecuted only "y the !erson to who it is given, for the confidence "eing !ersonal, cannot "e assigned to a stranger% 1 *oll% A"% ::2 1 *oll% A"% = = (o% 99 " %. = 4es% 1:6, 151 : ;er% *% 1:9. 1 ;% ) <% 1==, :21% 11% An authority given to two cannot "e e-ecuted "y one% (o% Litt% 111 ", 181 "% And an authority given to three ,ointly and se!arately, is not, in general, well e-ecuted "y two% (o% Litt% 181 ". sed vide 1 *oll% A"r% :1=, 1, 5. (o % Dig% Attorney, ( 8 : 7ic'% *% 1:1. 1 7ic'% *% :85. 11 ;ass% *% 185. 6 7ic'% *% 1=8. 6 @ohn% *% :=. <tory, Ag% 81% +hese rules a!!ly to on authority of a !rivate nature, which ust "e e-ecuted "y all to who it is given. and notto a !ower of a !u"lic nature, which ay "e e-ecuted "y all to who a,ority% = ?atts, *% 866. 5 Bin% 888, 5. = <, ) *% ==% 1% ?hen the authority is !articular, it ust in general "e strictly !ursued, or it will "e void, unless the variance "e erely circu stantial% (o% Litt% 8= ", :2:, ". 6 +% *% 5=1. 1 6% Bl% 61: (o% Lit% 181 , ". 1 +ho% (o% Lit% 851%

1:% A 1% As to the for to "e o"served in the e-ecution of an authority, it is a general rule that an act done under a !ower of attorney ust "e done in the na e Df the !erson who gives a !ower, and not in the attorney's na e% = (o% 96, 99% 0t has "een holden that the na e of the attorney is not re#uisite% 1 ?% ) <% :18, ::1. ;oor, !l% 1126. <tr% 925. 1 East, *% 181. ;oor, 818. 7aley on Ag% "y Lloyd, 195. <tory on Ag% 186 + = 4es% 1:6B 1 >% ) @% :89. 1 ;% ) <% 1==. 8 (a !"% *% 188. 1 (o-, *% 88. = (o% *% 95. 6 @ohn% *% =8. = @ohn% 7i,% ::8. 12 ?end% *% 89. 8 ;ass% *% 5=5. 1 Cent, (o % 6:1, :d ed% But it atters not in what words this is done, if it sufficiently a!!ear to "e in the na e of the !rinci!al, as, for A B, $the !rinci!al,& ( D, $the attorney,& which has "een held to "e sufficient% <ee 15 <erg% ) *% 55. 11 ;ass% *% =9. 11 7ic'% *% 168. 11 ;ass% *% 1:9 = ;ass% ::5. 16 ;ass% *% 861. 1 (owen, 51:. : ?end% =8. <tory, Ag% 158,195, 198, :=5. <tory on 7% /%, 6=. 1 East, *% 181. 9 ?att's *% 111 6 @ohn% *% =8% But see contra, Bac% A"% Leases, @ 12. = (o, 99. l 6are ) ?all% <el% Dec% 816% 18% A :% +he e-ecution usr ta'e !lace during the continuance, of the authority, which is deter ined either "y revocation, or !erfor ance of the co ission% 15% 0n general, an authority is revoca"le, unless it "e given as a security, or it "e cou!led with an interest% : ?atts ) <erg% 18. 8 (a !"% /% 7% 191. 9 4er% 18. 1 Cent's (o % 526. 8 ?heat% 12:. 1 (owen, 1=6. 1 Es!% /% 7% (ases, 565. Bac% A"r% h% t% +he revocation $#% v%& is either e-!ress or i !lied. when it is e-!ress and ade 'nown to the !erson authori3ed, the authority is at an end. the revocation is i !lied when the !rinci!al dies, or, if a fe ale, arries. or the su",ect of the authority is destroyed, as if a an have authority to sell y house, and it is destroyed "y fire or to "uy for e a horse, and "efore the e-ecution of the authority, the horse dies% 16% ?hen once the agent has e-ercised all the authority given to hi , the authority is at an end% 19% A 8% An authority is to "e so construed as to include all necessary or usual eans of e-ecuting it with effect 1 6% Bl% 618. 1 *oll% *% :=2. 7al % :=8 12 4es% 881. 6 <erg% ) *% 18=. (o '% Dig% Attorney, ( 15. 8 (a !"% *% 16: <tory on Ag% 58 to 181. 1 @% @% ;arsh% *% 1=: 5 @ohns% *% 58 1 Liv% on Ag% 12:, 8 and when the agent acts, avowedly as such, within his authority, he is not !ersonally res!onsi"le % 7al% on Ag% 8, 5% 4ide, generally, : 4in% A"% 816. Bac% A"% h% f%. 1 <al'% =5 (o % Dig% h% t%, and the titles there referred to% 1 *oll% A"% ::2 1 *oll% A"% = Bouv% 0nst% 0nde-, h% t% and the articles, Attorney. Agency. Agent. 7rinci!al% AUTHORITY, govern ent% +he right and !ower which an officer has in the e-ercise of a !u"lic function to co !el o"edience to his lawful co ands% A ,udge, for e-a !le, has authority to enforce o"edience to his not "eing correct% ;erlin, *e!ertoire, ot Authenti#ue% AUTOCRACY% +he na e of a govern ent where the onarch is unli ited "y law% <uch is the !ower of the e !eror of *ussia, who, following the e-a !le of his !redecessors, calls hi self the autocrat of all the *ussias% AUTRE VIE1 Ano$he ;! *i,e1 Vi"e% Pu .u$ e vie1 AUTREFOIS% A 5rench word, signifying for erly, at another ti e. and is usually a!!lied to signify that so ething was done for erly, as autrefois ac#uit, autrefois convict, )c%

AUTREFOIS AC4UIT, cri % law, !leading% A !lea ade "y a defendant, indicted for a cri e or isde eaner, that he has for erly "een tried and ac#uitted of the sa e offence% <ee a for of this !lea in Arch% (r% 70% =2% 1% +o "e a "ar, the ac#uittal ust have "een "y trial, and "y the verdict of a ,ury on a valid indict ent% 6aw'% B% 1, c% 15, s% 1. 8 Bl% (o % ::5% +here ust "e an ac#uittal of the offence charged in law and in fact% <tar'% 70% :55. 1 <wift's Dig% 822 1 (hit% (r% Law, 851. 1 *uss% on (r% 81% :% +he (onstitution of the E% <%, A end% Art% 5, !rovides that no !erson shall "e su",ect for the sa e offence to "e !ut twice in ,eo!ardy of life or li "% 4ide generally, 11 <erg% ) *awle, :8=. >e0v% 125 a, note% AUTREFOIS ATTAINT, cri % law% 5or erly attainted% 1% +his is a good !lea in "ar, where a second trial would "e #uite su!erfluous% (o% Litt% :=2 ", note 1. 8 Bl% (o % ::6% ?here, therefore, any advantage either to !u"lic ,ustice, or !rivate individuals, would arise fro a second !rosecution, the !lea will not !revent it. as where the cri inal is indicted for treason after an attainder of felony, in which case the !unish ent will "e ore severe and ore e-tensive% : (hit% (r% Law, 868% AUTREFOIS CONVICT, cri % law, !leading% A !lea ade "y a defendant, indicted for a cri e or isde eanor, that he has for erly "een tried and convicted of the sa e% 1% As a an once tried and ac#uitted of an offence is not again to "e !laced in ,eo!ardy for the sa e cause, so, a fortiori, if he has suffered the !enalty due to his offence, his conviction ought to "e a "ar to a second indict ent for the sa e cause, least he should "e !unished twice for the sa e cri e% 1 6ale, 151. 8 (o, :=8. 1 Leon,% 8:% :% +he for of this !lea is li'e that of autrefois ac#uit. $#% v%& it ust set out the for er record, and show the identity of the offence and of the !erson "y !ro!er aver ents% 6aw'% B% 1, c% :6. <tar'% (r% 7i% :6:. Arc"% (r, 70, =1. 1 (hit% (r% Law, 861. 8 Bl% (o % ::5. 11 4er % *% 516% AVAIL% 7rofits of land. hence tenant !aravail is one in actual !ossession, who avail or !rofits of the land% 6a % /% 7% :=:% a'es

AVALUM% By this word is understood the written engage ent of a third !erson to guaranty and to "eco e security that a "ill of e-change shall "e !aid when due% AVERA5E% A ter used in co erce to signify a contri"ution ade "y the owners of the shi!, freight and goods, on "oard, in !ro!ortion to their res!ective interests, towards any !articular loss or e-!ense sustained for the general safety of the shi! and cargo. to the end that the !articular loser ay not "e a greater sufferer than the owner of the shi! and the other owners of goods on "oard% ;arsh% 0ns% B% 1, c% 11, s% 9. (ode de (o % art% :=9. 1 6ov% <u!!% to 4es% ,r% 829. 7oth% Aver% art% 7rel% 1% Average is called general or gross average, "ecause it falls generally u!on the whole or gross a ount of the shi!, freight and cargo. and also to distinguish it fro what is often though i !ro!erly ter ed !articular average, "ut which in truth eans a !articular or !artial, and not a general loss. or has no affinity to average !ro!erly so called% Besides these there are other s all charges, called !etty or accusto ed averages. such as !ilotage, towage, light- oney, "eaconage, anchorage, "ridge toll, #uarantine, river charges,

signals, instructions, castle li'e%

oney, !ier

oney, digging the shi! out of the ice, and the

:% A contri"ution u!on general average can only "e clai ed in cases where, u!on as uch deli"erate on and consultation "etween the ca!tain and his officers as the occasion will ad it of, it a!!ears that the sacrifice at the ti e it was ade, was a"solutely and indis!ensa"ly necessary for the !reservation of the shi! and cargo% +o entitle the owner of the goods to an average contri"ution, the loss ust evidently conduce to the !reservation of the shi! and the rest of the cargo. and it ust a!!ear that the shi! and the rest of the cargo were in fact saved% <how% (a% 7arl% 12% <ee generally (ode de (o % tit% 11 and 11. 7ar', 0ns% c% 6. ;arsh% 0ns% B% 1, c% 11, s% 9 8 ;ass% 588. 6 ;ass% 115. 8 ;ass% 869. 1 (aines' *% 1=6. 8 Dall% 85=. 1 Binn% 589 8 Binn% 51:. 1 <erg% ) *awle, 1:9, in note. 1 <erg% ) *awle, 11= : @ohns% (as% 198. 1 (aines' *% 8:. 1 (aines' *% 16:. 0d% 198. 8 @ohns% * % 1:9, 1d edit = @ohns% *% =. 11 @ohns% * :15 1 (aines' *% 59:. 9 @ohns *% 811. ?es'% 0ns% tit% Average. 1 Barn% ) (rest% 811 1 *o"% Adl % *e!% 1=:. 1 /ew *e!% :98 18 4es% 189. Le-% ;er% Ar er% ch% =. Bac A"r% ;erchant, 5. 4in% A"r% (ontri"ution and' Average. <tev% on Av%. Ben% on Av% AVERIA% (attle% +his word, in its ost enlarged signification is used to include horses of the !lough, o-en and cattle% (unn% Dict% h% t% AVERIIS CAPTIS IN W*THERNAM, Eng% law% +he na e of a writ which lies in favor of a an whose cattle have "een unlawfully ta'en "y another, and driven out of the county where they were ta'en, so that they cannot "e re!levied% 1% +his writ issues against the wrong doer to ta'e his cattle to the !laintiff's use% *eg% of ?rits, 81% AVERMENT, !leading% (o es fro the Latin verificare, or the 5rench averrer, and signifies a !ositive state ent of facts in o!!osition to argu ent or inference% (ow!% 68:, 688% 1% Lord (o'e says aver ents are two-fold, na ely, general and !articular% A general aver ent is that which is at the conclusion of an offer to a'e good or !rove whole !leas containing new affir ative atter, "ut this sort of aver ent only a!!lies to !leas, re!lications, or su"se#uent !leadings for counts and a vowries which are in the nature of counts, need not "e averred, the for of such aver ent "eing et hoc !aratus% est verificare% :% 7articular aver ents are assertions of the truth of !articular facts, as the life of tenant or of tenant in tail is averredB and, in these, says Lord (o'e, et hoc, )c%, are not used% (o% Litt% :61 "% Again, in a !articular aver ent the !arty erely !rotests and avows the truth of the fact or facts averred, "ut in general aver ents he a'es an offer to !rove and a'e good "y evidence what he asserts% 8% Aver ents were for erly divided into i aterial and i !ertinent. "ut these ter s are now treated as synony ous% : D% ) *% 12=% A "etter division ay "e ade of i aterial or i !ertinent aver ents, which are those which need not "e stated, and, if stated, need not "e !roved. and unnecessary aver ents, which consist of atters which need not "e alleged, "ut if alleged, ust "e !roved% 5or e-a !le, in an action of assu !sit, u!on a warranty on the sale of goods, allegation of deceit on the !art of the seller is i !ertinent, and need not "e !roved% 1 East, 886. 19 @ohn% =1% But if in an action "y a lessor against

his tenant, for negligently 'ee!ing his fire, a de ise for seven years "e alleged, and the !roof "e a lease at will only, it will "e a fatal variance. for though an allegation of tenancy generally would have "een sufficient, yet having unnecessarily #ualified it, "y stating the !recise ter , it ust "e !roved as laid% (arth% 121% 5% Aver ents ust contain not only atter, "ut for % Feneral aver ents are always in the sa e for % +he ost co on for of a'ing !articular aver ents is in e-!ress and direct words, for e-a !leB And the !arty avers or in fact saith, or although, or "ecause, or with this that, or "eing, )c% But they need not "e in these words, for any words which necessarily i !ly the atter intended to "e averred are sufficient% <ee, in general, : 4in% A"r% :59 Bac% A"r% 7leas, B 8 (o % Dig% 7leader, ( 52, ( 69, 68, 6=, 92. 1 <aund% 1:5 a, n% 8 : <aund% :51, n% :. 1 (hit% 70% :28. Arch% (iv% 70% 16:. Doct% 70% 112. 1 Lilly's *eg% 12= Enited <tates Dig% 7leading 00 $c&. : Bouv% 0nst% n% 18:5-82% AVOIDANCE, eccl% law% 0t is when a "enefice "eco es vacant for want of an incu "ent. and, in this sense, it is o!!osed to !lenarty% Avoidances are in fact, as "y the death of the incu "ent or in law% AVOIDANCE, !leading% +he introductiou of new or s!ecial atter, which, ad itting the !re ises of the o!!osite !arty, avoids or re!els his conclusions% Fould on 70% c% 1 18, 81% AVOIR DU POIS, co % law% +he na e of a !eculiar weight% +his 'ind of weight is so na ed in distinction fro the +roy weight% Dne !ound avoir du !ois contains 9222 grains +roy. that is, fourteen ounces, eleven !ennyweights and si-teen grains +roy a !ound avoir du !ois contains si-teen ounces. and an ounce si-teen drach s% +hirty-two cu"ic feet of !ure s!ring-water, at the te !erature of fifty-si- degrees of 5ahrenheit's ther o eter, a'e a ton of 1222 !ounds avoir du !ois, or two thousand two hundred and forty !ounds net weight% Dane's A"r% c% 111, art% 11, 6% +he avoir du !ois ounce is less than the +roy ounce in the !ro!ortion of 91 to 9=. though the !ound is, greater% Eneye% A er% art% Avoir du !ois%, 5or the derivation of this !hrase, see Barr% on the <tat% 126% <ee the *e!ort of <ecretary of <tate of the Enited <tates to the <enate, 5e"ruary 11d, 1811, !!% 88, 91, 96, 9=, 81, 89, for a learned e-!osition of the whole su",ect% AVOUCIIER% +he call which the tenant a'es on another who is "ound to hi "y warranty to co e into court, either to defend the right against the de andant, or to yield hi other land in value% 1 +ho% (o% Lit% :28% AVOW o ADVOW, !ractice% <ignifies to ,ustify or aintain an act for erly done% 5or e-a !le, when re!levin is "rought for a thing distrained, and the distrainer ,ustifies the ta'ing, he is said to avow% +er es de la Ley% +his word also signifies to "ring forth anything% 5or erly when a stolen thing was found in the !ossession of any oneG he was "ound advocare, i% e% to !roduce the seller fro who he alleged he had "ought it, to ,ustify the sale, and so on till they found the thief% Afterwards the word was ta'en to ean anything which a an ad itted to "e his own or done "y hi , and in this sense it is entioned in 5leta, li"% 1, c% 5, !ar 8% (unn%, Dict% h% t% AVOWANT, !ractice, !leading% Dne who a'es an avowry% AVOWEE, eccl% law% An advocate of a church "enefice% AVOWRY, !leading% An avowry is where the defendant in an action of re!levin, avows the ta'ing of the distress in his own right, or in right of his wife, and sets forth the cause

of it, as for arrears of rent, da age done, or the li'e% Lawes on 70% :5 6a Bouv% 0nst% n% :591%

% /% 7% 868. 8

1% An avowry is so eti es said to "e in the nature of an action or of% a declaration, and !rivity of estate is necessary% (o% Lit% :12 a. 1 <erg% ) *% 192-1% +here is no general issue u!on an avowry and it cannot "e traversed cu ulatively% 5 <erg% ) *% :99% Alienation cannot "e re!lied to it without notice. for the tenure is dee ed to e-ist for the !ur!oses of an avowry till notice "e given of the alienation% 6a % 7arties, 1:1-1. 6a % /% 7% :=8, 816% AVOWTERER, Eng% law% An adulterer with who adultery% +% L% AVOWTRY, Eng% law% +he cri e of adultery% AVULSION% ?here, "y the i ediate and anifest !ower of a river or strea , the soil is ta'en suddenly fro one an's estate and carried to another% 0n such case the !ro!erty "elongs to the first owner% An ac#uiescence on his !art, however, will in ti e entitle the owner of the land to which it is attached to clai it as his own% Bract% 111. 6arg% +racts, De ,ure aris, )c% +oull% Dr% (iv% 5r% to % :, !% 126. 1% Bl% (o % 161. <chultes on A#% *ights, 115 to 1:8% Avulsion differs fro alluvion $#% v%& in this, that in the latter case the change of the soil is gradual and i !erce!ti"le% AVUS% Frandfather% +his ter is used in a'ing genealogical ta"les% AWAIT, cri % law% <ee s to signify what is now understood "y lying in wait, or waylaying% AWARD% +he ,udg ent of an ar"itrator or ar"itrators on a atter su" itted to hi or the B ar"itriu est ,udiciu % +he writing which contains such ,udg ent is also called an award% 1% +he #ualifications re#uisite to the validity of an award are, that it "e consonant to the su" ission. that it "e certain. "e of things !ossi"le to "e !erfor ed, and not contrary to law or reason. and lastly, that it "e final% :% A 1% 0t is anifest that the award ust "e confined within the !owers given to the ar"itrators, "ecause, if their decisions e-tend "eyond that authority, this is all assu !tion of, !ower not delegated, which cannot legally affect the !arties% Cyd on Aw% 182 1 Binn% 12=. 1: @ohns% 189 0d% 191. 6 @ohns% 1:, := 11 @ohns% 1::. 1 ;ass% 168. 8 ;ass% :==. 12 ;ass% 881 (aldw% on Ar"% =8. 1 6arring% :89. : 6arring% 11. 5 < % ) ;arsh% 191. 8 /% 6% *e!% 81. 6 <he!l% 151. 11 Fill ) @ohn% 856. 11 7ic'% 188% 0f the ar"itrators, therefore, transcend their authority, their award !ro tanto will "e void "ut if the void !art affect not the erits% of the su" ission, the residue will "e valid% 1 ?end% :16. 1: @ohn% 168. 1 (owen, 119 1 (owen, 6:8. 1 Freenl% :22. 6 Freenl% 189. 8 ;ass% :==. 1: ;ass% 188. 18 ;ass%8:. 6 6arr% ) @ohn% 12. Doddr% Eng, Lawyer, 168-196. 6ardin, :16. 1 >eates, *% 51:% 8% A 1% +he award ought to "e certain, and so e-!ressed that no reasona"le dou"t can arise on the face of it, as to the ar"itrator's eaning, or as to the nature and e-tent of the duties i !osed "y it on the !arties% An e-a !le of such uncertainty ay "e found in the following casesB An award, directing one !arty to "ind hi self in an o"ligation for the #uiet en,oy ent of lands, without e-!ressing in what su the o"ligor should "e "ound% 5 a arried wo an continues in

(o% 99 *oll% Ar"it% H 8% Again , an award that one should give security to the other, for the !ay ent of a su of oney, or the !erfor ance of any !articular, act, when the 'ind of security is not s!ecified% 4in% A"% Ar"itr% H 11. (o % Dig% Ar"itra ent, E 11 Cyd on Aw% 1=8 : <% ) *% :82 = @ohn% 8:. 1 6alst% =2. 1 (aines, 1:5 : 6arr% ) @ohn% :8:. : 6a % 166 1 7i'e, 126. 9 ;etc% :16 5 < % ) ;arsh% 911 1: 4er % 5:. 5 Blac'f% 118. 1 6ill, 95 : 6arr 881% 5% A :% 0t ust "e !ossi"le to "e !erfor ed, "e lawful and reasona"le% An award that could not "y any !ossi"ility "e !erfor ed, as if it directed that the !arty should deliver a deed not in his !ossession, or !ay a su of oney at a day !ast, it would of course "e void% But the, award that the !arty should !ay a su of oney, although he ight not then "e a"le to do so, would "e "inding% +he award ust not direct anything to "e done contrary to law, such as the !erfor ance of an act which would render the !arty a tres!asser or a felon, or would su",ect hi to an action% 0t ust also "e reasona"le, for if it "e of things nugatory in the selves, and offering no advantage to either of the !arties, it cannot "e enforced% Cir"y, 15:% 6% A 8% +he award ust "e final that is, it ust conclusively ad,udicate all the atters su" itted% 1 Dall% 19: 1 >eates, 8 *awle, :28. 1 (aines, :28 6arr% ) Fill, 69 (harlt% 18=. : 7i'e& :18. : 6arr% 881. 1 7% <% *% :=5. 8 Blac'f% 15:. 11 ?heat% 886% But if the award is as final as, under the circu stances of the case it ight "e e-!ected, it will "e considered as valid% (o % Dig% Ar"itra ent, E 15% As to the for , the award ay "e "y !arol or "y deed, "ut in general it ust "e ade in accordance with the !rovisions and re#uire ents of the su" ission% $#% v%& 4ide, generally, Cyd on Awards, 0nde-, h% t%. (aldwell on Ar"itrations, 0nde-, h% t%. Dane's A"% c% 1:. (o % Dig% Ar"itra ent, E. 0d (hancery, 1 C 1, )c%. : 4in% A"% 51, :91 1 158 15 East, *% 115. 1 4es% @r% :68 1 <aund% :16, notes 1, 1, and :. ?ats% on Ar"itrations and Awards. : Bouv% 0nst%, n% 1821 to 1522% AWM% o AUME% An ancient easure, used in easuring *henish wines it contained forty gallons% A>A/+ (AE<E% 5rench law% +his ter , which is used in Louisiana, signifies one to who a right has "een assigned, either "y will, gift, sale, e-change, or the li'e% An assignee% An ayant cause differs fro an heir who ac#uires the right "y inheritance% 8 +oull% n% 185% AYUNTAMIENTO, <!anish law% A congress of !ersons the or town% 1 ?hite's (oll% 816. 11 7et% 881, notes% SSSS unici!al council of a city