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Bouvier's Law Dictionary
1856 Edition

A

A, the first letter of the English and most other alphabets, = is=20 frequently used as an abbreviation, (q. v.) and also in the marks of = schedules=20 or papers, as schedule A, B, C, &c. Among the Romans this letter was = used in=20 criminal trials. The judges were furnished with small tables covered = with wax,=20 and each one inscribed on it the initial letter of his vote; A, when he = voted to=20 absolve the party on trial; C, when he was for condemnation; and N L, = (non=20 liquet) when the matter did not appear clearly, and be desired a new=20 argument.

A MENSA ET THORO, from bed and board. A divorce a mensa et = thoro, is=20 rather a separation of the parties by act of law, than a dissolution of = the=20 marriage. It may be granted for the causes of extreme cruelty or = desertion of=20 the wife by the hushand. 2 Eccl. Rep. 208. This kind of divorce does not = affect=20 the legitimacy of children, nor authorize a second marriage. V. A = vinculo=20 matrimonii; Cruelty Divorce.

A PRENDRE, French, to take, to seize, in contracts, as profits = a=20 prendre. Ham. N. P. 184; or a right to take something out of the soil. 5 = Ad.=20 & Ell. 764; 1 N. & P. 172 it differs from a right of way, which = is=20 simply an easement or interest which confers no interest in the land. 5 = B. &=20 C. 221.

A QUO, A Latin phrases which signifies from which; example, in = the=20 computation of time, the day a quo is not to be counted, but the day ad = quem is=20 always included. 13 Toull. n. 52 ; 2 Duv. n. 22. A court a quo, the = court from=20 which an appeal has been taken; a judge a quo is a judge of a court = below. 6=20 Mart. Lo. R. 520; 1 Har. Cond. L. R. 501. See Ad quem.

A RENDRE, French, to render, to yield, contracts. Profits a = rendre;=20 under this term are comprehended rents and services. Ham N. P. 192.

A VINCULO MATRIMONII, from the bond of marriage. A marriage = may be=20 dissolved a vinculo, in many states, as in Pennsylvania, on the ground = of=20 canonical disabilities before marriage, as that one of the parties was = legally=20 married to a person who was then living; impotence, (q. v.,) and the = like=20 adultery cruelty and malicious desertion for two years or more. In New = York a=20 sentence of imprisonment for life is also a ground for a divorce a = vinculo. When=20 the marriage is dissolved a vinculo, the parties may marry again but = when the=20 cause is adultery, the guilty party cannot marry his or her = paramour.

AB INITIO, from the beginning.

2. When a man enters upon lands or into the house of another by = authority of=20 law, and afterwards abuses that authority, he becomes a trespasser ab = initio.=20 Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218 Clayt. 44. And if an = officer=20 neglect to remove goods attached within a reasonable time and continue = in=20 possession, his entry becomes a trespass ab initio. 2 Bl. Rep. 1218. See = also as=20 to other cases, 2 Stra. 717 1 H. Bl. 13 11 East, 395 2 Camp. 115 2 = Johns. 191;=20 10 Johns. 253; ibid. 369.

3. But in case of an authority in fact, to enter, an abuse of such = authority=20 will not, in general, subject the party to an action of trespass, Lane, = 90 ;=20 Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. PI. 146. 169. = 180.

AB INTESTAT. An heir, ab intestat, is one on whom the law = casts the=20 inheritance or estate of a person who dies intestate.

AB IRATO, civil law. A Latin phrase, which signifies by a man = in=20 anger. It is applied to bequests or gifts, which a man makes adverse to = the=20 interest of his heir, in consequence of anger or hatred against him. = Thus a=20 devise made under these circumstances is called a testament ab irato. = And the=20 suit which the heirs institute to annul this will is called an action ab = irato.=20 Merlin, Repert. mots Ab irato.

ABANDONMENT, contracts. In the French law, the act by which a = debtor=20 surrenders his property for the benefit of his creditors. Merl. Rep. mot = Abandonment.

ABANDONMENT, contracts. In insurances the act by which the = insured=20 relinquishes to the assurer all the property to the thing insured.

2. =96 No particular form is required for an abandonment, nor need it = be in=20 writing; but it must be explicit and absolute, and must set forth the = reasons=20 upon which it is founded.

3. =96 It must also be made in reasonable time after the loss.

4. =96 It is not in every case of loss that the insured can abandon. = In the=20 following cases an abandonment may be made: when there is a total loss; = when the=20 voyage is lost or not worth pursuing, by reason of a peril insured = against or if=20 the cargo be so damaged as to be of little or no value; or where the = salvage is=20 very high, and further expense be necessary, and the insurer will not = engage to=20 bear it or if what is saved is of less value than the freight; or where = the=20 damage exceeds one half of the value of the goods insured or where the = property=20 is captured, or even detained by an indefinite embargo ; and in cases of = a like=20 nature.

5. =96 The abandonment, when legally made transfers from the insured = to the=20 insurer the property in the thing insured, and obliges him to pay to the = insured=20 what he promised him by the contract of insurance. 3 Kent, Com. 265; 2 = Marsh.=20 Ins. 559 Pard. Dr. Coin. n. 836 et seq. Boulay Paty, Dr. Com. Maritime, = tit. 11,=20 tom. 4, p. 215.

ABANDONMENT. In maritime contracts in the civil law, = principals are=20 generally held indefinitely responsible for the obligations which their = agents=20 have contracted relative to the concern of their commission but with = regard to=20 ship owners there is remarkable peculiarity; they are bound by the = contract of=20 the master only to the amount of their interest in the ship, and can be=20 discharged from their responsibility by abandoning the ship and freight. = Poth.=20 Chartes part. s. 2, art. 3, 51; Ord. de la Mar. des proprietaires, art. = 2; Code=20 de Com. 1. 2, t. 2, art. 216.

ABANDONMENT, lights. The relinquishment of a right; the giving = up of=20 something to which we are entitled.

2. =96 Legal rights, when once vested, must be divested according to = law, but=20 equitable rights may be abandoned. 2 Wash. R. 106. See 1 H. & M. = 429; a mill=20 site, once occupied, may be abandoned. 17 Mass. 297; an application for = land,=20 which is an inception of title, 5 S. & R. 215; 2 S. & R. 378; 1 = Yeates,=20 193, 289; 2 Yeates, 81, 88, 318; an improvement, 1 Yeates, 515 ; 2 = Yeates, 476;=20 5 Binn. 73; 3 S. & R. 319; Jones' Syllabus of Land Office Titles in=20 Pennsylvania, chap. xx; and a trust fund, 3 Yerg. 258 may be = abandoned.

3. =96 The abandonment must be made by the owner without being = pressed by any=20 duty, necessity or utility to himself, but simply because he wishes no = longer to=20 possess the thing; and further it must be made without any desire that = any other=20 person shall acquire the same; for if it were made for a consideration, = it would=20 be a sale or barter, and if without consideration, but with an intention = that=20 some other person should become the possessor, it would be a gift: and = it would=20 still be a gift though the owner might be indifferent as to whom the = right=20 should be transferred; for example, he threw money among a crowd with = intent=20 that some one should acquire the title to it.

ABANDONMENT for torts, a term used in the civil law. By the = Roman law,=20 when the master was sued for the tort of his slave, or the owner for a = trespass=20 committed by his animal, he might abandon them to the person injured, = and=20 thereby save himself from further responsibility.

2. =96 Similar provisions have been adopted in Louisiana. It is = enacted by the=20 civil code that the master shall be answerable for all the damages = occasioned by=20 an offence or quasi offence committed by his slave. He may, however, = discharge=20 himself from such responsibility by abandoning the slave to the person = injured;=20 in which case such person shall sell such slave at public auction in the = usual=20 form; to obtain payment of the damages and costs; and the balance, if = any, shall=20 be returned to the master of the slave, who shall be completely = discharged,=20 although the price of the slave should not be sufficient to pay the = whole amount=20 of the damages and costs; provided that the master shall make = abandonment within=20 three days after the judgment awarding such damages, shall have been = rendered;=20 provided also that it shall not be proved that the crime or offence was=20 committed by his order, for in such cases the master shall be answerable = for all=20 damages resulting therefrom, whatever be the amount, without being = admitted to=20 the benefit of abandonment. Art. 180, 181.

3. =96 The owner of an animal is answerable for the damages he has = caused; but=20 if the animal had been lost, or had strayed more than a day, he may = discharge=20 himself from this responsibility, by abandoning him to the person who = has=20 sustained the injury, except where the master has turned loose a = dangerous or=20 noxious animal, for then he must pay for all the harm he has done, = without being=20 allowed, to make the abandonment. Ib. art. 2301.

ABANDONMENT, malicious. The act of a hushand or wife, who = leaves his=20 or her consort wilfully, and with an intention of causing perpetual=20 separation.

2. =96 Such abandonment, when it has continued the length of time = required by=20 the local statutes, is sufficient cause for a divorce. Vide 1 Hoff. R. = 47;=20 Divorce.

ABATEMENT, chancery practice, is a suspension of all = proceedings in a=20 suit, from the want of proper parties capable of proceeding therein. It = differs=20 from an abatement at law in this, that in the latter the action is in = general=20 entirely dead, and cannot be revived, 3 Bl. Com. 168 but in the former, = the=20 right to proceed is merely suspended, and may be revived by a bill of = revivor.=20 Mitf. Eq. Pl. by Jeremy, 57; Story, Eq. PI. 354.

ABATEMENT, contracts, is a reduction made by the creditor, for = the=20 prompt payment of a debt due by the payor or debtor. Wesk. on Ins. = 7.

ABATEMENT, merc. law. By this term is understood the deduction = sometimes made at the custom-house from the duties chargeable upon goods = when=20 they are damaged See Act of Congress, March 2, 1799, s. 52, 1 Story L. = U. S.=20 617.

ABATEMENT, pleading, is the overthrow of an action in = consequence of=20 some error committed in bringing or conducting it when the plaintiff is = not=20 forever barred from bringing another action. 1 Chit. Pl. 434. Abatement = is by=20 plea. There can be no demurrer in abatement. Willes' Rep. 479; Salk. = 220.

2. Pleas in abatement will be considered as relating, 1, to the = jurisdiction=20 of the court; 2, to the person of the plaintiff; 3, to that of the = defendant; 4,=20 to the writ; 5, to the qualities. of such pleas ; 6, to the form of such = pleas;=20 7, to the affidavit of the truth of pleas in abatement.

3. =96 1. As to pleas relating to the jurisdiction of the court, see = article=20 Jurisdiction, and Arch. Civ. Pl. 290; 1 Chit. PI. Index. tit, = Jurisdiction.=20 There is only one case in which the jurisdiction of the court may be = inquired of=20 under the general issue, and that is where no court of the country has=20 jurisdiction of the cause, for in that case no action can be maintained = by the=20 law of the land. 3 Mass. Rep. Rea v. Hayden, 1 Dougl. 450; 3 Johns. Rep. = 113; 2=20 Penn. Law Journal 64, Meredith v. Pierie.

4. =96 2. Relating to the person of the plaintiff. 1. The defendant = may plead=20 to the person of the plaintiff that there never was any such person in = rerum=20 natura. Bro. Brief, 25 ; 19 Johns. 308 Com. Dig. Abatement, E 16. And if = one of=20 several plaintiffs be a fictitious person, it abates the writ. Com. Dig. = Abatement, E 16; 1 Chit. Pl. 435; Arch. Civ. Pl. 304. But a nominal = plaintiff in=20 ejectment may sustain an action. 5 Verm. 93; 19 John. 308. As to the = rule in=20 Pennsylvania, see 5 Watts, 423.

5. =96 2. The defendant. may plead that the plaintiff is a feme = covert. Co.=20 Lit. 132, b.; or that she is his own wife. 1 Brown. Ent. 63; and see 3 = T. R.=20 631; 6 T. R. 265; Com. Dig. Abatement, E 6; 1 Chit. Pl. 437; Arch. Civ. = Pl. 302.=20 Coverture occurring after suit brought is a plea in abatement which = cannot be=20 pleaded after a plea in bar, unless the matter arose after the plea in = bar; but=20 in that case the defendant must not suffer a continuance to intervene = between=20 the happening of this new matter, or its coming to his knowledge, and = pleading=20 it. 4 S & R. 238; Bac. Abr. Abatement, G; 4 Mass. 659; 4 S. & R. = 238; 1=20 Bailey, 369; 4 Vern. 545; 2 Wheat. 111; 14 Mass. 295 ; 1 Blackf. 288 ; 2 = Bailey,=20 349. See 10 S. & R. 208; 7 Verm. 508; 1 Yeates, 185; 2 Dall. 184; 3 = Bibb,=20 246.

6. =96 3. That the plaintiff (unless he sue with others as executor) = is an=20 infant and has declared by attorney. 1 Chit. Pl. 436; Arch. Civ. Pi. = 301; Arch.=20 Pr. B. R. 142 ; 2 Saund. 212, a, n. 5; 1 Went. 58, 62; 7 John. R. 373; 3 = N. H.=20 Rep. 345; 8 Pick. 552; and see 7 Mass. 241; 4 Halst. 381 2 N. H. Rep. = 487.

7. =96 4. A suit brought by a lunatic under guardianship, shall = abate. Brayt.=20 18.

8. =96 5. Death of plaintiff before the purchase of the original = writ, may be=20 pleaded in abatement. 1 Arch. Civ. PI. 304, 5; Com. Dig. Abatement, E = 17. Death=20 of plaintiff pending the writ might have been pleaded since the last=20 continuance, Com. Dig. Abatement, H 32; 4 Hen. & Munf. 410; 3 Mass. = 296 ;=20 Cam. & Nor. 72; 4 Hawks, 433; 2 Root, 57; 9 Mass. 422; 4 H. & M. = 410;=20 Gilmer, 145; 2 Rand. 454; 2 Greenl. 127. But in some states, as in = Pennsylvania,=20 the, death of the plaintiff does not abate the writ; in such case the = executor=20 or administrator is substituted. The rule of the common law is, that = whenever=20 the death of any party happens, pending the writ, and yet the plea is in = the=20 same condition, as if such party were living, then such death makes no=20 alteration; and on this rule all the diversities turn. Gilb. Com. Pleas = 242.

9. =96 6. Alienage, or that the plaintiff is an alien enemy. Bac. = Abr. h.t.; 6=20 Binn. 241 ; 10 Johns. 183; 9 Mass. 363 ; Id. 377 ; 11 Mass. 119 ; 12 = Mass. 8 ; 3=20 31. & S. 533; 2 John. Ch. R. 508; 15 East, 260; Com. Dig. Abatement, = E 4;=20 Id. Alien, C 5; 1 S. & R. 310; 1 Ch. PI. 435; Arch. Civ. PI. 3, = 301.

10. =96 7. Misnomer of plaintiff may also be pleaded in abatement. = Arch. Civ.=20 Pi. 305; 1 Chitty's Pleading, Index, tit. Misnomer. Com. Dig. Abatement, = E 19, E=20 20, E 21, E 22; l Mass. 75; Bac. Abr. h. t.

11. =96 8. If one of several joint tenants, sue in action ex = contractu, Co.=20 Lit. 180, b; Bac. Abr. Joint-tenants, K; 1 B. & P. 73; one of = several joint=20 contractors, Arch. Civ. PI. 48-51, 53 ; one of several partners, Gow on = Part.=20 150; one of. several joint executors who have proved the will, or even = if they=20 have not proved the will, 1 Chit. PI. 12, 13; one of several joint=20 administrators, Ibid. 13; the defendant may plead the non-joinder in = abatement.=20 Arch. Civ. Pl. 304; see Com. Dig. Abatement, E 9, E 12, E 13, E 14.

12. =96 9. If persons join as plaintiffs in an action who should not, = the=20 defendant may plead the misjoinder in abatement. Arch. Civ. PI. 304; = Com. Dig.=20 Abatement, E 15.

13. =96 10. When the plaintiff is an alleged corporation, and it is = intended to=20 contest its existence, the defendant must plead in abatement. Wright, = 12; 3=20 Pick. 236; 1 Mass 485; 1 Pet. 450; 4 Pet. 501; 5 Pet. 231. To a suit = brought in=20 the name of the "judges of the county court," after such court has been=20 abolished, the defendant may plead in abatement that there are no such = judges.=20 Judges, &c. v. Phillips; 2 Bay, 519.

14. =96 3. Relating to the person of the defendant. 1. In an action = against two=20 or more, one may plead in abatement that there never was such a person = in rerum=20 natura as A, who is named as defendant with him. Arch. Civ. PI. 312.

15. =96 2. If the defendant be a married woman, she may in general = plead her=20 coverture in abateraent, 8 T. R. 545 ; Com. Dig. Abatement, F 2. The = exceptions=20 to this rule arise when the coverture is suspended. Com. Dig. Abatement, = F 2, 3;=20 Co. Lit. 132, b; 2 Bl. R. 1197; Co. B. L. 43.

16. =96 3. The death of the defendant abates the writ at common law, = and in=20 some cases it does still abate the action, see Com. Dig. Abatement, H = 34; 1=20 Hayw. 500; 2 Binn. l.; 1 Gilm. 145; 1 Const. Rep. 83; 4 McCord, 160; 7 = Wheat.=20 530; 1 Watts, 229; 4 Mass. 480; 8 Greenl. 128; In general where the = cause of=20 action dies with the person, the suit abates by the death of the = defendant=20 before judgment. Vide Actio Personalis moritur cum persona.

17. =96 4. The misnomer of the defendant may be pleaded in abatement, = but one=20 defendant cannot plead the misnomer of another. Com. Dig. Abatement, F = 18 ;=20 Lutw. 36; 1 Chit. PI. 440; Arch. Civ. PI. 312. See form of a plea in = abatement=20 for a misnomer of the defendant in 3 Saund. 209, b., and see further, 1 = Show.=20 394; Carth. 307 ; Comb. 188 ; 1 Lutw. 10 ; 5 T. R. 487.

18. =96 5. When one joint tenant, Com. Dig. Abatement, F 5, or one = tenant in=20 common, in cases, where they ought to be joined, Ibid. F 6, is sued = alone =96 he=20 may plead in abatement. And in actions upon contracts if the plaintiff = do not=20 sue all the contractors, the defendant may plead the non-joinder in = abatement.=20 Ibid. F 8, a; 1 Wash. 9; 18 Johns. 459; 2 Johns. Cas. 382 ; 3 Caines's = Rep. 99 ;=20 Arch.. Civ. PI. 309; 1 Chit. PI. 441. When hushand and wife should be = sued=20 jointly, and one is sued alone, the non-joinder may be pleaded in = abatement.=20 Arch. Civ. PI. 309. The non-joinder of all the executors, who have = proved the=20 will; and the non-joinder of all the administrators of the deceased, may = be=20 pleaded in abatement. Com. Dig. Abatement, F 10.

19. =96 6. In a real action if brought against several persons, they = may plead=20 several tenancy, that is, that they hold in severalty and not jointly, = Com. Dig.=20 Abatement, F 12; or one of them may take the entire tenancy on himself, = and pray=20 judgment of the writ. Id. F 13. But mis-joinder of defendant in a = personal=20 action is not the subject of a plea in abatement. Arch. Civ. PI. 68, = 310.

20. =96 7. In cases where the defendant may plead non-tenure, see = Arch. Civ.=20 PI. 310; Cro. El. 559.

21. =96 8. Where he may plead a disclaimer, see Arch. Civ. PI. 311; = Com. Dig.=20 Abatement, F 15.

22. =96 9. A defendant may plead his privilege of not being sued, in = abatement.=20 Bac. Ab. Abridgment C ; see this Dict. tit. Privilege.

23. =96 4. Plea in, abatement of the writ. 1. Pleas in abatement of = the writ or=20 a bill are so termed rather from their effect, than from their being = strictly=20 such pleas, for as oyer of the writ can no longer be craved, no = objection can be=20 taken to matter which is merely contained in the writ, 3 B. & P. = 399; 1 B.=20 & P. 645-648; but if a mistake in the writ be carried into the = declaration,=20 or rather if the declaration, which is resumed to correspond with the = writ or=20 till, be incorrect in respect of some extrinsic matter, it is then open = to the=20 defendant to plead in abatement to the writ or bill, 1 B. & P. 648; = 10 Mod.=20 210; and there is no plea to the declaration alone but in bar; 10 Mod. = 210 ; 2=20 Saund. 209, d.

24. =96 2. Pleas in abatement. of the writ or bill and to the form or = to the=20 action. Com. Dig. Abatement, H.1, 17.

25. =96 3. Those of the first description were formerly either matter = apparent=20 on the face of the ;Writ, Com. Dig. Abatement, H l, or matters dehors. = Id. H=20 17.

26. =96 4. Formerly very trifling errors were pleadable in abatement, = 1 Lutw.=20 25; Lilly's Ent. 6 ; 2 Rich. C. P. 5, 8 ; 1 Stra. 556; Ld. Raym. 1541 ; = 2 Inst.=20 668; 2 B. & P. 395.. But as oyer of the writ can no longer be had, = an=20 omission in the defendant's declaration of the defendant's addition, = which is=20 not necessary to be stated in a declaration, can in no case be pleaded = in=20 abatement. 1 Saund. 318, n. 3; 3 B. & B. 395; 7 East, 882.

27. =96 5. Pleas in abatement to the form of the writ, are therefore = now=20 principally for matters dehors, Com. Dig. Abatement,H 17; Glib. C. P., = 51 ,=20 existing at the time of suing out the writ, or arising afterwards, such = as=20 misnomer of the plaintiff or defendant in Christian or surname.

28. =96 6. Pleas in abatement to the action of the writ, and that the = action is=20 misconceived, as that it is in case where it ought to have, been in = trespass,=20 Com. Dig. Abatement, G 5 ; or that it was prematurely brought, Ibid. = Abatement,=20 G 6, and tit. Action E ; but as these matters are grounds of demurrer or = nonsuit, it is now very unusual to plead them in abatement. It may also = be=20 pleaded that there ii another action pending. See tit. Autre action = pendant.=20 Com. Dig. Abatement, H. 24; Bac. Ab. Abatement, M; 1 Chitty's Pi. = 443.

29. =96 6. Qualities of pleas in abatement. 1. A writ is divisible, = and may be=20 abated in part, and remain good for the residue; and the defendant may = plead in=20 abatement to part, and demur or plead in bar to the residue of the = declaration.=20 1 Chit. PI. 444; 2 Saund. 210, n. The general rule is, that whatever = proves the=20 writ false at the time of suing it out, shall abate the writ entirely = Gilb. C.=20 P. 247 1 Saund. Rep. 286, (n) 7; 2 do. 72, (i) sub fin.

30. =96 2. As these pleas delay the trial of the merits of the = action, the=20 greatest accuracy and precision are required in framing them; they = should be=20 certain to every intent, and be pleaded without any repugnancy. 3 T. R. = 186;=20 Willes, 42 ; 2 Bl. R. 1096 2 Saund. 298, b, n. 1 ; Com. Dig. 1, 11 Co. = Lit. 392;=20 Cro. Jac. 82; and must in general give the plaintiff a better writ. This = is the=20 true criterion to distinguish a plea in abatement from a plea in bar. 8 = T. IR.=20 615; Bromal. 139; 1 Saund. 274, n. 4 ; 284 n. 4; 2 B. & P. 125 ; 4 = T. R. 227=20 ; 6 East) 600 ; Com. Dig. Abatement, J 1, 2; 1 Day, 28; 3 Mass. 24; 2 = Mass. 362;=20 1 Hayw. 501; 2 Ld. Raym. 1178; 1 East, 634. Great accuracy is also = necessary in=20 the form of the plea as to the commencement and conclusion, which is = said to=20 make the plea. Latch. 178 ; 2 Saund. 209, c. d; 3 T. R. 186.

31. =96 6. Form of pleas in abatement .1 As to the form of pleas in = abatement,=20 see 1 Chit. PI. 447; Com. Dig. Abatement, 1 19; 2 Saund. 1, n. 2.

32. =96 7. Of the affidavit of truth. 1. All pleas in abatement must = be sworn=20 to be true, 4 Ann. c. 16, s. 11. The affidavit may be made by the = defendant or a=20 third person, Barnes, 344, and must be positive as to the truth of every = fact=20 contained in the plea, and should leave nothing to be collected by = inference;=20 Sayer's Rep. 293; it should be stated that the plea is true in substance = and=20 fact, and not merely that the plea is a true plea. 3 Str. 705, Litt. = Ent. 1; 2=20 Chitt. Pl. 412, 417; 1 Browne's Rep. 77 ; see. 2 Dall. 184; 1 Yeates, = 185.

See further on the subject of abatement of actions, Vin. Ab. tit. = Abatement;=20 Bac. Abr. tit. Abatement; Nelson's Abr. tit. Abatement; American Dig. = tit.=20 Abatement; Story's Pl. 1 to 70; 1 Chit. Pl. 425 to 458; Whart. Dig. tit. = Pleading, F. (b.) Penna. Pract. Index, h. t.; Tidd's Pr. Index, h. t.; = Arch.=20 Civ. Pl. Index, h. t.; Arch. Pract. Index, h. t. Death; Parties to = actions;=20 Plaintiff; Puis darrein continuance.

ABATEMENT OF A FREEHOLD. The entry of a stranger after the = death of=20 the ancestor, and before the heir or devisee takes possession, by which = the=20 rightful possession of the heir or devisee is defeated. 3 Bl. 1 Com. = 167; Co.=20 Lit. 277, a; Finch's Law, 1 195; Arch. Civ. Pl. 11.

2. By the ancient laws of Normandy, this term was used to signify the = act of=20 one who, having an apparent right of possession to an estate, took = possession of=20 it immediately after the death of the actual possessor, before the heir = entered.=20 Howard, Anciennes Lois des Frangais, tome 1, p. 539.

ABATEMENT OF LEGACIES, is the reduction of legacies for the = purpose of=20 paying the testator's debts.

2. When the estate is short of paying the debts and legacies, and = there are=20 general legacies and specific legacies, the rule is that the general = legatees=20 must abate proportionably in order to pay the debts; a specific legacy = is not=20 abated unless the general legacies cannot pay all the debts; in that = case what=20 remains to be paid must be paid by the specific legatees, who must, = where there=20 are several, abate their legacies, proportionably. 2 Bl. Com. 513; 2 = Vessen. 561=20 to 564; 1 P. Wms. 680; 2 P. Wms. 283. See 2 Bro. C. C. 19; Bac. Abr. = Legacies,=20 H; Rop. on Leg. 253, 284.

ABATEMENT OF NUISANCES is the prostration or removal of a = nuisance. 3=20 Bl.

2. =96 1. Who may abate a nuisance; 2, the manner of abating it. 1. = Who may=20 abate a nuisance. 1. Any person may abate a public nuisance. 2 Salk. = 458; 9 Co.=20 454.

3. =96 2. The injured party may abate a private nuisance, which is = created by=20 an act of commission, without notice to the person who has committed it; = but=20 there is no case which sanctions the abatement by an individual of = nuisances=20 from omission, except that of cutting branches of trees which overhang a = public=20 road, or the private property of the person who cuts them.

4. =96 2. The manner of abating it. 1. A public nuisance may be = abated without=20 notice, 2 Salk. 458; and so may a private nuisance which arises by an = act of=20 commission. And, when the security of lives or property may require so = speedy a=20 remedy as not to allow time to call on the person on whose property the = mischief=20 has arisen to remedy it, an individual would be justified in abating a = nuisance=20 from omission without notice. 2 Barn. & Cres. 311; 3 Dowl. & R. = 556.

5. =96 2. In the abatement of a public nuisance, the abator need not = observe=20 particular care in abating it, so as to prevent injury to the materials. = And=20 though a gate illegally fastened, might have been opened without cutting = it=20 down, yet the cutting would be lawful. However, it is a general rule = that the=20 abatement must be limited by its necessity, and no wanton or unnecessary = injury=20 must be committed. 2 Salk. 458.

6. =96 3. As to private nuisances, it has been held, that if a man in = his own=20 soil erect a thing which is a nuisance to another, as by stopping a = rivulet, and=20 so diminishing the water used by the latter for his cattle, the party = injured=20 may enter on the soil of the other, and abate the nuisance and justify = the=20 trespass; and this right of abatement is not confined merely to a house, = mill,=20 or land. 2 Smith's Rep. 9; 2 Roll. Abr. 565; 2 Leon. 202; Com. Dig. = Pleader, 3=20 M. 42; 3 Lev. 92; 1 Brownl. 212; Vin. Ab. Nuisance; 12 Mass. 420; 9 = Mass. 316; 4=20 Conn. 418; 5 Conn. 210; 1 Esp. 679; 3 Taunt. 99; 6 Bing. 379.

7. =96 4. The abator of a private nuisance cannot remove the = materials further=20 than is necessary, nor convert them to his own use. Dalt. o. 50. And so = much=20 only of the thing as causes the nuisance should be removed; as if a = house be=20 built too high, so much. only as is too high should be pulled down. 9 = Co. 53;=20 God. 221; Str. 686.

8. =96 5. If the nuisance can be removed without destruction and = delivered to a=20 magistrate, it is advisable to do so; as in the case of a libellous = print or=20 paper affecting an individual, but still it may be destroyed 5 Co. 125, = b.; 2=20 Campb. 511. See as to cutting down trees, Roll. Rep. 394; 3 Buls 198; = Vin. Ab.=20 tit. Trees, E, and Nuisance W.

ABATOR is, 1st, he who abates or prostrates a nuisance; 2, he = who=20 having no right of entry, gets possession of the freehold to the = prejudiae of an=20 heir or devisee, after the time when the ancestor died, and before the = heir or=20 devisee enters. See article Abatement. Litt. 897; Perk. 383; 1 Inst. = 271; 2=20 Prest. Abst. 296. 300. As to the consequences of an abator dying in = possession,=20 See Adams' Eject. 43.

ABATUDA, obsolete. Any thing diminished; as, moneta abatuda, = which is=20 money clipped or diminished in value. Cowell, h. t.

ABAVUS, civil law, is the great grandfather, or fourth male = ascendant.=20 Abavia, is the great grandmother, or fourth female ascendant.

ABBEY, abbatia, is a society of religious persons, having an = abbot or=20 abbess to preside over them. Formerly some of the most considerable = abbots and=20 priors in England had seats and votes in the house of lords. The prior = of St.=20 John's of Jerusalem, was styied the first baron of England, in respect = to the=20 lay barons, but he was the last of the spiritual barons.

ABBREVIATION, practice. =96 The omission of some words or = letters in=20 writing; as when fieri facias is written fi. fa.

2. In writing contracts it is the better practice to make no = abbreviations;=20 but in recognizances, and many other contracts, they are used; as John = Doe tent=20 to prosecute, &c. Richard Roe tent to appear, &c. when the = recognizances=20 are used, they are drawn out in extenso. See 4 Ca. & P. 61;=20 S.C.19E.C.L.R.268; 9 Co.48.

ABBREVIATIONS and abbreviated references. The following list, = though=20 necessarily incomplete, may be useful to some readers. A, a, the first = letter of=20 the alphabet, is sometimes used in the ancient law books to denote that = the=20 paging is the first of that number in the book. As an abbreviation, A is = used=20 for anonymous.

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.=20
A. D. Anno\ Domini, in the year of our Lord
A. & E. Adolphus and Ellis' Reports.
A. & E. N. S. Adolphus & Ellis' Queen's Bench Reports, New =
Series, commonly cited Q.=20
     B.
A. & F. on Fixt. Amos & Ferard on Fixtures.
A. K. Marsh. A. K. Marshall's (Kty.) Reports.
Ab. or Abr. Abridgement.
Abr. Ca. Eq.
Abridgement of cases in Equity.
Abs. Absolute. =20
Ab. Sh. Abbott on Shipping.
Acc. Accord or Agrees.
Act. Acton's Reports.
Act. Reg. Acta Regia.
Ad. Eject. Adams on Ejectment.
Ad. & Ell. Adolphus & Ellis' Reports.
Ad. finn. Ad finem. At or near the ond.
Ads. Ad sectum, vide
Ats.
Addam's R. Addam's Ecclesiastical Reports. In E. Eccl. Rep.
Addis on Contr. Addison on the Law of Contracts and on Parties to =
actions ex contractu.
Addis. R. Addison's Reports.
Admr. Administrator.
Ady. C. M.
Adye on Courts Martial.
Aik. R. Aiken's Reports.
Al. Aleyn's Cases.
Al. Alinea. Al et. Et alii, and others.
Al.& N. Alcock & Napier's Reports.
Ala. R. Alabama Report.
Alc. Reg. G. Alcock's Registration Case.
Ald. Van Hoes. Dig. A Digest of the Laws of Mississippi, by T. J. Fox
Alden and J. A. Yan Hoesen.
Aldr. Hilt. Aldridge's History of the Court of Law.
Alis. Prin.
Alison's Principles of the Criminal Law of Scotland.
All. Mor. Tr. Allen and Morris' Trial.
Alley. L. D. of Mar. Alleyne's Legal Degrees of Marriage considered.
Alln. Part. Allnat on Partition.
Am. America, American, or
Americana.
Amb. Ambler's Reports.
Am. Fer. on. Fixt. Amos & Ferard on Fixtures.
Amer. America, American, or Americana.
Amer. Dig. American Digest.
Amer. Jur. American Jurist.
An. Anonymous.
And . Anderson's Reports.
Ander. Ch. War. Anderdon on Church Warden.
Andr. Andrew's Report.
Ang. on Adv. Enj. Angell's Inquiry into the rule of law which creates a =
right to an=20
     incorporeal hereditament, by an adverse enjoyment of twenty years.
Ang. on Ass. Angell's Practical Summary of the Law of Assignment in =
trust for creditors.
Ang. on B. T. Angell on Bank Tax.
Ang. on Corp. Angell on the Law of Private Corporations.
Ang. on Limit. Angell's Treatise on the Limitation of Actions at Law, =
and Suits in Equity.
Ang. on Tide Wat. Angell on the right of property in Tide Waters.
Ang. on Water Courses. Angell on the Common Law in relation to Water =
Courses.
Ann.
Anne; as 1 Ann. c. 7.
Anna. Annaly's Reports. This book is usually cited Cas. Temp. Hardw.
Annesl. on Ins. Annesley on Insurance.
Anstr.
Anstruther's Reports.
Anth. Shep. Anthon's editon's of Sheppard's Touchstone.
Ap. Justin. Apud Justinianum, or Justinian's Institutes.
App.
Apposition.
Appx. Appendix.
Arch Archbold. Arch. Civ. Pl. Archbold's Civil Pleadings. Arch. Cr. Pl. =
Archbold's=20
    Criminal Pleadins. Arch. Pr. Archbold's Practice.=20
Arch. B. L. Archbold's Bankrupt law. Arch. L. & T.
Archbold on the Law of Landlord  and Tenant. Arch. N. P. Archbold's Law =
of nisi Prius.
Arg. Argumento, by an argument drawn from such a law. it also signifies =
arguendo.
Arg. Inst. Institution au Droit Francais, par M. Argou.
Ark. Rep. Arkansas Reports. See Pike's Rep.
Ark. Rev. Stat.
Arkansas Revised Statutes.
Art. Article
Ashm. R. Ashmead's Reports
Aso & Man. Inst. Aso and Manuel's institutes of the Laws of Spain.
Ass. or Lib.
Ass. Liber Assissarium, or Pleas of the Crown.
Ast. Ent. Aston's Entries.
Atherl. on Mar. Atherley on the Law of Marriage and other Family =
Settlements.
Atk. Atkyn's Reports.
Atk. P. T. Atkyn's Parliamentary Tracts.
Atk. on Con. Atkinson on Conveyancing.
Atk. on Tit. Atkinson on Marketable Titles.
Ats. in practice, is an abbreviation for the words "at suit of," and is =
used when the=20
    defendant files any pleadings; for example: when the defendant =
enters a plea he puts=20
    his name before that of the plaintiff, reversing the order in which =
they are on the=20
    record. C.D.(the defendant,) ats A.B. (the plaintiff.)
Aust. on Jur. The Province of Jurisprudence determind, by John Austin
Auth. Authentica, in the
Authentic; that is, the Summary of some of the Novels of the Civil Law =
inserted in the code=20
    under such a title.
Ay. Ayliff'es Pandect.
Ayl.
Parerg. Ayliffe's Parergon juris canonici Anglicani.
Azun. Mar. Law.
Azuni's Maritime Law of Europe.

B, b, is used to point out that a number, used at the head of a page to =
denote the folio, is=20
    the second number of the same volume.
B. B. Bail Bond.
B. or Bk. Book.
B. & A. Barnewall & Alderson's Reports.
B. & B. Ball & Beatty's Reports.
B. C. R. Brown's Chancery Reports.
B. Eccl. L. Burn's Ecclesiatical Law.
B. Just. Burn's Justice.
B. N. C. Brooke's New Cases.
B. P. C. or Bro. Parl. CaJ. Brown's Parliamentry Cases.
B. & P. or Bos. & Pull. Bosanquet & Puller's Reports.
B. R. or K. B. King's Bench.
B. Tr. Bishop's Trial.
Bab. on Auct.
Babington on the Law of Auctions.
Bab. Set off. Babington on Set off and mutual credit.
Bac. Abr. Bacon's Abridgement.
Bac. Comp. Arb. Bacon's (M.) Complete Arbitrator.
Bac. El. Bacon's Elements of the Common Law.
Bac. Gov.
Bacon on Government.
Bac. Law Tr. Bacon's Law Tracts
Bac. Leas. Bacon (M.) on Leases and Term of Years.
Bac. Lib Reg. Bacon's John) Liber Regis, vel Thesaurus Rerum =
Eccleslasticarum.
Bac. Uses Bacon's Reading on the Statute of Uses. This is printed in his =
Law Tracts.
Bach. Man. Bache's Manual of a Pennsylvania Justice of the Peace
Bail. R. Bailey's Report.
Bain. on M.&M. Bainbridge on Mines and Minerals.
Baldwin. R. Baldwin's Circuit Court Reports.
Ball & Beat. Ball and Beatty's Reports.
Ballan. Lim. Ballantine on Limitations.
Banc. Sup. Upper Bench.
Barb. Eq. Dig. Barbour's Equity Digest.
Barb. Cr. Pl. Barbour's Criminal Pleadings.
Bar~b. Pract. in Ch.
Barbour's Treatise on the Practice of the Court of Chancery.
Barb. R.
Barbour's Chancery Reports.
Barb. Grot. Grotius on War and Peace, with notes by Barbeyrac.
Barb. Puff. Puffendorf's Law of Nature and Nations, with notes by M. =
Barbeyrac.
Barb. on Set off. Barbour on the Law of Set off, with an appendix of =
Precedents.
Barn. C. Barnardiston's Chancery Reports.
Barn. Barnardiston's K. B. Reports.
Barn. & Ald. Barnewall & Alderon'~s Reports.
Barn. & Adolph. Barnewall & Adolphu's Reports.
Barn. & Cress. Barnewull & Cresswell's Reports.
Barn. Sher. Barnes' Sheriff.
Barnu.
Barne' Notes of Practice.
Barr. Obs. Stat. Barrington's Observations on the more ancient statutes.
Barr. Ten. Barry's Tenure.
Bart. El. Conv. Barton's Element of Conveyancing. Bart. Prec. Conv.
Barton's Precedent of Conveyancing. Bart. S. Eq. Barton's Suit in =
Equity.
Batty's R. Batty's Reports of Cases determined in the K. B. Ireland.
Bay's R. Bay's Reprts.
Bayl. Bills. Bayley on Bills.
Bayl. Ch. Pr. Bayley's Chamber Practice.
Beam. Ne Exeat. Brief view of the writ of Ne Exeat Regno, as a equiable  =
process, by J. Beams.
Beam.. Eq. Beames on Equity Pleading.
Beam. Ord. Chan. Beames' General Orders of the High Court of Chancery, =
from 1600 to=20
    1815.
Beat. R. Beatty's Reports determined in the High Court of Chancery In =
Ireland.
Beav. R. Beavan's Chancery Reports.
Beawes. Beawe's Lex Mercatoria.
Beck's Med. Jur. Beck's Medical Jurisprudence.
Bee's R. Bee's Reports.
Bell's Com. Bell's Commentaries on the Laws of Scotland, and on the =
Principles of=20
    Mercantile Jurisprudence.
Bell. Del. U. L. Beller's Delineation of Universal Law.
Bell's Dict. Dictionary of the Law of Scotland By Robert Bell
Bell's Med. Jur Bell's Medical Jurisprudence.
Bell. Bellewe's Cases in the time of K. Richard II. Bellewe's Cases in =
the time of Henry=20
    VIII, Edw VI., and Q. Mary, collected out of Brooke's Abridgment, =
and arranged=20
    under years, with a table, are cited as Brooke's New Cases.
Bellingh. Tr. Bellingham's Trial.
Belt's Sup. Belt's Supplement. Supplement to the Reports in Chancery of =
Francis Vesey,=20
    Senior, Esq, during the time of Lord Ch J. Hardwicke.
Belt's Ves. sen. Belt's editon of Vesey senior's Reports.
Benl.
Benloe & Dalison's Reports. See New Benl.
Ben. on Av. Benecke on Average.
Benn. Diss. Bennet's Short Dissertation on the nature and various =
proceedings in the=20
    Master's Office, in the Court of Chancery. Sometimes this book is =
called Benn. Pract.
Benn. Pract. See Benn. Diss.
Benth. Ev.
Bentham's Treatise on Judicial Evidence.
Best on Prc. Best's Treatise on Presumption of Law and Fact.
Bett's Adm. Pr. Bett's Admiralty Practice.
Bev. on Hom. Bevil on Homicide.
Bill. on Aw. Billing on the Law of Awards.
Bing. Bingham Bin. Inf; Bingham on Infancy. Bing on Judg.
Bingham on Judgments and Executions. Bing L.& T. Bingham on the Law =
of Landlord=20
    and Tenant
Bing. R. Bing Bingham's Reports. Bin. N. C.
Bingham's New Cases.
Binn. Reports Of Cases adjudged in the Supreme Court. of Pennsylvania By =
Horace Binney
Bird on Conv. Bird on Conveyancing Bird L.& T. Bird on the Laws =
respecting =20
    Landlords, Tenants and Lodgers. Bird's Sol. Pr Bird's Solution of =
Precedents of=20
    Settlement.
Biret, De l'Abs. Traite de l'Absence et de ses effects, par M. Biret
Bis. on Est. or Buss. on Life Est. Bissett on the Law of Estates for =
Life.
Biss. on Parn.
Bissett on Partnership.
Bl. Blounts Law Dictionary and Glossary
Bl. Comm.or Comm. Commentaries on the Laws of England by Sir Wllliam =
Blackstone.
Bl. Rep. Sir William Blackstone's Reports.
Bl. H. Henry
Blackstone's Report, sometimes cited H. Bl.
Black. L. T. Blackstone's Law Tracts
Blackb on Sales. Blackburn on the Effect of the Contract of Sales.
Blacb. on Sales. Blacburn on the Law of Sales.
Blackf. R.
Blackford's Reports.
Blak. Ch. Pr. Blake's Practice of the Court of Chancery of the State of  =
New York.
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 House of Lords.
Blount. Blount's Law Dictionary and Glossary.
Bo. R. Act. Booth on Real Actions.
Boh. Dec. Bohun's Declaration. Boh. Eng. L. Bohun's English Lawyer. Boh. =
Priv. Ion. Bohun's Privilegia Londini.
Boote. Boote's Ch. Pr. Boote's Chanccry Practice. Boote's S. L. Boote's =
Suit at Law.
Booth's R. A. Booth on Real Action.
Borth. L. L. Borthwick on the Law of Libel.
Bos. & Pull. Bosanquet and Puller's Reports. Vide B.& P.
Bosc. on Con. Boscowen on Convictions.
Bott. Bott's Poor Law.
Bouch Inst. Dr. Mar.
Boucher, Institution au Droit Maritime.
Boulay Paty Dr. Com. Cours de Droit Commercial Maritime, par P. S Boulay =
Paty.
Bousq. Dict. de Dr. Bousquet, Dictionnaire de Droit.
Bouv. L. D. Bouvier's Law Dictionary.
Bouv. Inst. Institutiones Theologicae Auctore J. Bouvier.
Bouv. Inst. Am. Law.
Bouvier's Institutes of American Law.
Bowl. on Lib. Bowles on Libels.
Br. or Brownl. Brownlow's Reports.
Br. or Br. Ab. Brooke's Abridgment.
Bra.
Brady's History of the Succession of the Crown of England, &c.;Brac.
Bracton's Treatise on the Law and Customs of England.
Bra. Princ. Branche's Principia Legis et Aequitatis.
Brack. L. Misc. Brackenridge's Law
Miscellany.
bradb. Bradby on Distresses.
Bradl. P. B. Bradley's Point
Book.
Bran. Prin. or Bran. Max. Branch's Principia Legis Aequitatis, being an =
alphabetical=20
    collection of maxims, &c.=20
Brayt. R. Brayton's Rport.
Breese's R. Breese's Report
Brev. Sel. Brevia Selecta, or Choice Writs.
Brid. Bridgman's Reports Reports from 12 to 19 K James. By Sir John
Bridgman.
Brid. Dig. Ind. Bridgman's Digested Index.
Brid. Leg. Bib.
Bridgman's Legal Bibliography.
Brid. Conv. Bridgman's Precedents of Conveyancing.=20
Brid. Refl. Bridgman's Reflections on the Study of the Law.
Brid. Synth. Bridgeman's Synthesis.
Brid. Thes. Jur. Bridgman's Thesaurus Juridic.
Bridg. O. Orlando Bridgmen's Reports.
Bridg. The. Jru. Bridgman's Thesaurus Juridicus.
Britton. Treatise on the Ancient Pleas of the Crown.
Bro. or Brownl. Brownlow's Reports. Also, Reports by Richard Brownlow =
and John=20
     Goldeshorough. Cited 1 Bro. 2 Bro.
Bro. Ab. Brooke's Abridgement.
Bro. A. & C. L. Brown's Admiralty and Civil Law.
Bro. C. C. Brown's Chancery Cases.
Bro. Off. Not. A Treatise on the Office and Practice of a Notary in =
England, as connected=20
    with Mercantile Instruments, &c. By Richard
Brooke.
Bro. P. C. Brown's Parliamentary Cases.
Bro. Read. Brooke's Reading on the Statute of Limitations.
Bro. on Sales. Brown on Sales
Bro. V.M.
Brown's Vade Mecum.
Brock. R. Brockenbrough's Reports of Chief Justice Marshall's Decisions.
Brod. & Bing. Broderip & Bingham's Reports.
Broom on Part. Broom on Parties to Actions.
Brownl. Rediv. or Brownl. Ent. Brownlow Redivivus.
Bruce M. L. Bruce's Military Law.
Buck's Ca. Buck's Cases. Cases in Bankruptcy in 1817, 1818, by J.W. =
Buck.
Bull. Bull. N.P. Buller's Nisi Prius.
Bulst. Bulstrode's Reports.
Bunb. Bunbury's Reports.
Burge Col. Law.
Burge's Colonial Law.
Burge Confl. of Law. Burge on the Conflict of Laws.
Burge on Sur. Burge's Commentaries on the Law of Suretyship. =
&c.;Burge For. Law. Burge on Foreign Law.
Burlam. Burlamaqui's Natural and Political Law.
Burn's L.D. Burn's Law Dictionary.
Burn's Just. Burn's Justice of the Peace.
Burn's Eccl. Law or Burn's E.L. Burn's Ecclesiastical Law.
Burn. C.L. Burnett's Treatise on the Criminal Law of Scotland.
Burn. Com. Burnett's Commentaries on the Criminal Law of Scotland.
Burr. Burrow's Reports.
Burr. Sett. Cas. Burrow's Settlement Cases.
Burr's Tr. Burr's Trial.
Burt. Man. Burton's Manual of the Law of Scotland. The work is in two =
parts, one=20
     relating to "public law," and the other to the law of "private =
rights and obligations."=20
     The former is cited Burt. Man. P.L.; the latter, Burt. Man. Pr. =
Burt. on Real Prop.=20
     Burton on Real Property. Butl. Hor. Jur. Butler's Horae Juridicae =
Subsecivae.

C. Codes, the Code of Justinian. C. Code. C. Chancellor.
C.& A. Cooke and Alcock's Reports.
C.B. Communi Banco, or Common Bench.
C.C. Circuit Court.
C.C. Cepi Corpus.=20
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. Crown Circuit Companion.
C.C.& C. Cepi corpus et committitur. See Capias ad satisfaciendum, =
in the body of the=20
    work.
C.C.E. or Cain. Cas. Caines' Cases in Error.
C.D. or
Com. Dig. Comyn's Digest.
C.& D. C. C. Crawford and Dix's Criminal Cases.
C.& D. Ab. C. Crawford and Dix's Abridged Cases.
C.& F. Clark & Findley's Reports.
C.& F. Clarke & Finelly's Reports.
C. J. Chief Justice.
C.& J. Crompton & Jervis' Exchequer Reports.=20
C.J.C.P. Chief Justice of the Common Pleas.
C.J.K.B. Chief Justice of the King's Bench.
C.J.Q.B. Chief Justice of the Queen's Bench.
C.J.U.B. Chief Justice
of the Upper Bench. During the time of the common-wealth, the English
Court of the King's Bench was called the Upper Bench.
C.& K. Carrington & Kirwan's Reports.=20
C.& M. Crompton & Meeson's Reports.
C.& M. Carrington & Marshman's Reports.
C.M.& R. Crompton, Meeson & Roscoe's Exchequer Reports.
C.N.P.C. Campbell's Nisi Prius Cases.
C. P. Common Pleas.
C.P.
Coop. C.P. Cooper's Reports.
C.& P. or Car.& Payn. Carrington & Payne's Reports.
C.& P. Craig & Phillips' Reports.
C.R. or Ch. Rep. Chancery Reports.
C.& R. Cockburn & Rowe's Reports.
C.W. Dudl. Eq. C.W. Dudley'sEquity Reports.
C. Theod. Codice Theodosiano, in the Theodosian code.
Ca.
Case or placitum.
Ca. T.K. Select Cases tempore King.
Ca. T. Talb. Cases tempore Talbot.
Ca. res. Capias ad respondendum.
Ca. sa., in practice, is the abbreviation of capias ad satisfaciendum.
Caines' R. Caines' Term Reports.
Caines' Cas. Caines' Cases, in error.
Caines' Pr. Caines' Practice.
Cald. R. Caldecott's Reports.
Cald. S.C. Caldecott's Settlement
Cases; sometimes cited Cald. R.
Caldw. Arbit. Caldwell on Arbitration.
Call. on Sew. Callis on the Law relating to Sewers.
Call's R.
Call's REports.
Calth. R. Calthorp's Reports of Special Cases touching several customs =
and liberties of the City of London.
Calv. on Part.
Calvert on Parties to Suits in Equity.
Cam.& Norw. Cameron & Norwood's Reports.
Campb. Campbell's Reports.
Can. Canon.
Cap. Capitulo,
chapter.
Car. Carolus: as 13 Car. 2, st. 2, c.1.
Carr. Cr. L. Carrington's
Criminal Law.
Carr.& Kirw. Carrington & Kriwan's Reports. See C.& K.
Carr.& Marsh. Carrington & Marshman's Reports.
Carr.& Oliv. R. and C.C. Carrow & Oliver's Railway and Canal =
Cases.
Cart. Carter's Reports. Reports in C.P. in 16, 17, 18, and 19, Charles =
II.
Cara de For. Carta de Foresta.
Carth.
Carthew's Reports.
Cary. Cary's Reports.
Cary on Partn. Cary on the Law of Partnership.
Cas. of App. Cases of Appeals to the House of Lords.
Cas. L. Eq. Cases and Opinions in Law, Equity, and Conveyancing.
Cas. of Pr. Cases of Practice in the Court of the King's Bench, from the =
reign of Eliz. to=20
    the 14 Geo. 3.
Cas. of Sett. Cases of Settlement.
Cas. Temp. Hardw. Cases during the time of Lord Hardwicke.
Cas. Temp. Talb. Cases during the time of Lord Talbot.
Ch. Chancellor.
Ch. CAs. Cases in Chancery.
Ch. Pr. Precedents in Chancery.
Ch. R. REports in Chancery.
Ch. Rep. Vide Ch.
Cases.
Chamb. on Jur. of Chan. Chambers on the Jurisdiction of the High
Court of Chancery, over the Persons and Property of Infants.
Chamb. L.& T. Chambers on the Law of Landlord and Tenant.
Char. Merc. Charta mercatoria. See Bac. Ab. Smuggling, C.
Charlt. Charlton. T.U.P. Charl.
T.U.P. Charlton's Reports. R.M. Charlton's Reports.
Chase's Tr. Chase's Trial.
Cher. Cas. Cherokee Case.
Chev. C.C. Cheves' Chancery Cases.
Chipm. R. Chipman's Reports. D. Chipm. D. Chipman's Reports.
Chipm. Contr. Essay on the Law of Contracts for the payment of Specific =
Articles. By Daniel
Chipman.
Ch. Contr. A Practical Treatise on the Law of Contracts. By Joseph
Chitty, Jr.
Chitty. on App. Chitty's Practical Treatise on the Law relating to =
Apprentices and=20
    Journeymen.
Chit. on Bills. Chitty on Bills.
Chit. Jr. on Bills. Chitty, junior, on Bills.
Chit. Com. L. Chitty's Treatise on Commerical Law.
Chit. Cr. L. Chitty's Criminal Law.
Chit. on Des. Chitty on the Law of Descents.
Chit. F. Chitt's Forms and Practical Proceedings.
Chit. Med. Jur. Chitty on Medical Jurisprudence.
Chit.
Chitty's Reports.
Chit. Pl. A Practical Treatise on Pleading, by Joseph
Chitty.
Chit. Pr. Chitty's General Practice.
Chit. Prerog. Chitty on the Law of the Prerogatives of the Crown.
Chris. B.L. Christian's Bankrupt Laws.
Christ. Med. Jur. Christison's Treatise on Poisons, relating to Medical =
Jurisprudence,=20
     Physiology, and the Practice of Physic.
Civ.
Civil.
Civ. Code Lo. Civil Code of Louisiana.
Cl. The Clementines.
Cl. Ass.
Clerk's Assistant.
Clan. H.& W. Clancy on the Rights, Duties, and Liabilities of =
Husband and Wife.
Clark on Leas. Clark's Enquiry into the Nature of Leases.
Clarke, R. Clarke's Reports.
Clark & Fin. Clark & Finelly's Reports.
Clark. Adm. Pr. Clarke's Practice in the Admiralty.
Clark. Prax. Clarke's Praxis, being the manner of proceeding in the  =
Ecclesiastical Courts.
Clay. Clayton's Reports.=20
Cleir. Us et Const.
Cleirac, Us et Coustumes ae la Mer.
Clerke's Rud. Clerke's Rudiments of American Law and Practice.
Clift. Clift's Entries.
Co. A particle used before other words to imply that the person spoken =
of possesses the=20
     same character as other persons whose character is mentioned, as =
co-executor, and=20
     executor with other; co-heir, an heir with others; co-partner, a =
partner with others,=20
     etc.  =96  Co. is also an abbreviation for "company" as John Smith =
& Co. When so=20
     abbreviated is also represents "county."
Co.
Coke's Reports.
Co. or Co. Rep. Coke's Reports.
Co. Ent. Coke's Entries.
Co. B. L. Cooke's Bankrupt Law.
Co. on Courts. Coke on Courts; 4th Institute. See Inst.
Co. Litt. Coke on Littleton. See Inst.
Co. M. C.
Coke's Magna Charta; 2d Institute. See. Inst.
Co. P. C. Coke's Pleas of the
Crown. See Inst.
Cock & Rowe. Cockburn & Rowe's Reports.
Code Civ. Code
Civil, or Civil Code of France. This work is usually cited by the =
article.
Code Nap. Code Napoleaon. The same as Code Civil.
Code Com. Code de Commerce.
Code Pen. Code Penal.
Code Pro. Code de Procedure.
Col.
Column, in the first or second column of the book quoted.
Col.& Cai. CAs.
Coleman & Caines' Cases.
Cole on Inf. Cole on Criminal Informations, and Informations in the =
Nature of  Quo=20
   Warranto.
Coll. on Pat. Collier on the Law of Patents.
Coll. on Idiots. Collinson on the Law concerning Idiots, &c.;Coll. =
Rep. Colle's Reports.
Coll. Collation.
Colly. Rep. Collyer's Reports.
Com. Communes, or Extravagantes Communes.
Com. or Com. Rep.
Comyn's Reports.
Com. Contr. Comyn on Contract.
Com. on Us. Comyn on Usury.
Com. Dig. Comyn's Digest.=20
Com. L.& T. Comyn on the Law of Landlord and Tenant.
Com. Law. Commerical Law.
Com. Law. Rep. Common Law Reports, edited by Sergeant and Lowher.
Comb. Comberbach's Reports.
Comm. Blackstone's Commentaries.
Con. & Law. Connor & Lawson's Reports.
Cond.
Condensed.
Cond. Ch. R. Condensed Chancery Reports.
Cond. Ex. R. CondensedExchequer Reports.
Conf. Chart. Confirmatio Chartorum.
Cong.
Congress.
Conkl. Pr. Conkling's Practice of the Courts of the United States.
Conn. R. Connecticut Reports.
Conr. Cust. R. Contoy's Custodiam Reports.
Cons. del Mar. Consolato del Mare.
Cons. Ct. R. Constitutional
Court REports.
Cont. Contra.
Cooke on Defam. Cooke on Defamation.
Coop. Eq. R. Cooper's Equity Reports.
Coop. Cas. Cases in the High Court of Chancery. By George Cooper.
Coop. on Lib. Cooper on the Law of Libels.
Coop. Eq. Pl.
Cooper's Equity Pleading.
Coop. Just. Cooper's Justinian's Institutes.
Coop. Med. Jur. Cooper's Medical Jurisprudence.
Coop. t. Brough. Cooper's Cases in the time of Brougham.
Coop. P.P. Cooper's Points of Practice.
Cote. Mrtg. Coote on Mortgages.
Corb. & Dan. Corbet & Daniel's Election Cases.
Corn. on Uses. Cornish on Uses.
Corn. on REm. Cornish on Remainders.
Corp. Jur. Civ. Corpus Juris Civilus.
Corp. Jur. Can. Corpus Juris Canonicus.
Corvin. Corvinus. See Bac. Ab. Mortgage A, where this author is cited.
Cot. Abr. Cotton's Abridgement of Records.
Cov. on Conv. Evi. Coventry on Conveyancers' Evidence.
Cow. Int. Cowel's Law Dictionary, or the Interpreter of words and terms, =
used either in=20
    the common or statute laws of Great Britain.
Cowp. Cowper's Reports.
Cow. R. Cowen's Reports, N.Y.
Cox's Cas. Cox's Cases.
Coxe's R. Coxe's Reports.
Crabb's
C.L. Crabb's Common Law. A History of English Law. By George Crabb.
Crabb, R. P. Crabb on the Law of REal Property.
Craig & Phil. Craig & Phillip'sReports.
Cranch, R. Cranch's Reports.
Cressw. R. Cresswell's Reports of
Cases decided in the Court for the Relief of Insolvent Debtors.
Crim.
Con. Criminal Conversation: adultery.
Cro. Croke's Reports.=20
Cro. Eliz.
Croke's Reports, during the time of Queen Elizabeth, also cited as 1 =
Cro.
Cro. jac. Croke's Reports during the time of King James I., also cited =
as 2 Cro.=20
Cro. Car. Croke's Reports, during the time of Charles I., also cited as =
3 Cro.
Crompt. Ex. Rep. Crompton's Exchequer Reports.
Crompt. J.C. Crompton's Jurisdiction of Courts.
Crompt. & Mees.
Crompton & Meeson's Exchequer Reports.
Crompt. Mees. & Rosc. Crompton, Meeson, and Roscoe's Exchequer =
Reports.
Cross on Liens. Cross' Treatise on\ the Law of Liens and Stoppage in =
Transitu.
Cru. Dig. or Cruise's Dig.
Cruise's Digest of the Law of Real Property.
Cul. Culpablilis, guilty; non
cul. not guilty; a plea entered in actions of trespass.
Cul. prit., commonly written culprit; cul., as above mentioned, means=20
    culpabilis, or culpable; and prit, which is a corruption of pret, =
signifie ready. 1
Chitty Cr. Law. 416.
Cull. Bankr. L. Cullen's Principles ofhte Bankrupt Law.
Cun. Cunningham's Reports.
Cunn. Dict. Cunningham's Dictionary.
Cur. adv. vult. Curia advisare vult. Vide Ampliation.
Cur. Scacc. Cursus Scaccarii, the Court of the Star Chamber.
Cur. Phil. Curia Philipica.
Curs.
Can. Cursus Cancellariae.
Curt. R. Curteis' Ecclesiastical Reports.
Curt. Am. Sea. Curtis on American Seamen.
Curt. on Copyr. Curtis on
Copyrights.
Cush. Trust. Pr. Cushing on Trustee Process, or Foreign Attachment, of =
the Laws of=20
    Massachusetts and Maine.
Cust. de Norm.
Custome de Normandie.

D. dialogue; as, Dr. and Stud. D. 2, c. 24, or Doctor and Student, =
dialogue 2, chapter 24.
D. dictum; D. Digest of Justinian.
D. The Digest or Pandects of the Civil Law, is sometimes cited thus,
D.6.1.5.
D. C. District Court; District of Columbia.
D. C. L. Doctor of the Civil Law.
D. Chipm. R. D. Chipman's Reports.
D. S. B. Debit sans breve.
D. S. Deputy Sheriff.
D.& C. Dow and Clark's Reports.
D.& C. Deacon & Chitty's Reports.
D.& E. Durnford & East's Reports. This book is also cited as =
Term Reports, abbreviated=20
   as T.R.
D.& L. Danson & Lloyd's Mercantile Cases.
D.& M. Davidson's & Merivale's Reports.
D.& R. Dowling and Ryland's Reports.
D.& R. N. P. C. Dowling and Ryland's Reports of Cases decided at =
Nisis Prius.
D.& S. Doctor and Student.
D.& W. Drury & Walsh's Reports.
D;Aguesseau, Oeuvres. Oeuvres completes du Chancellier
D'Aguesseau.
Dat. Cr. L. Dagge's Criminal Law.
Dal. Dalison's Reports. See Benl.
Dall. Dallas' Reports.
Dall. Dallas' Laws of Pennsylvania.
Dalloz,
Dict. Dictionaire General et raisonne de legilation, de Doctrine, et de =
Jurisprudence, en=20
     matiere civile, commerciale, criminelle, administrative, et de =
Droit Public. Par Armand Dalloz, jeune.
Dalr. Feud. Pr.
Dalrymple's Essay, or History of Feudal Property in Great Britain. =
Sometimes cited Dalr.=20
    F.L.
Dalr. on Ent. Dalrymple on the Polity of Entails.
Dalr. F. L. Dalrymple's Feudal law.
Dalt. Just. Dalton's Justice.
Dalt. Sh. Dalton's Sheriff.
D'Anv. D'Anvers' Abridgement.
Dan. Ch. Pr. Caniell's Chancery Practice.
Dan. Ord. Danish Ordinances.
Dan. Rep.
Daniell's Reports.=20
Dan.& Ll. Danson & Lloyd's Reports.
Dana's R. Dana's Reports.
Dane's Ab. Dane's Abridgment of American Law.
Dav. Davies' Reports.
Dav. on Pat. Davies' Collection of Cases respecting patents.
Daw. Land. Pr. Dawe's Epitome of the Law of Landed Property.
Daw. Real Pr.
Dawe's Introduction to the Knowledge of the Law on Real Estates.
Daw. on Arr. Dawe's Commentaries on the Law of Arrest in Civil Cases.
Daws. Or. Leg. Dawson's Origo Legum.
Deac. R. Deacon's Reports. Deac.& Chit. Deacon & Chitty's =
Reports.
Deb. on Jud. Debates on the Judiciary.
Dec. temp. H.& M.
Decisions in Admiralty duringthe time of Hay & Marriott.
Deft.
Defendant.
De Gex & SM. R. De Gex & Smale's Reports.
Den. Cr. Cas.
Denison's Crown Cases.
Den. Rep. Denio's New York Reports.
Desaus. R.
Desaussure's Chancery Reports.
Dev. R. Devereux's Reports.
Dev. Ch. R.
Devereux's Chancery Reports.
Dev.& Bat. Devereux & Battle's Reports.
Di. or
Dy. Dyer's Reports.
Dial. de Scac. Dialogus de Scaccario.
Dick. Just.
Dickinson's Justice.
Dick. Pr. Dickinson's Practice of the Quarter of and other Sessions.
Dick. Dicken's Reports.
Dict. Dictionary.
Dict. Dr. Can.
Dictionnaire de Driot Canonique.
Dict. de' Jur. Dictionnaire de Jurisprudence.
Dig. Digest of writs. Dig. The Pandects or Digest of the Civil Law, =
cited as Dig. 1,2,5,6,=20
    for Digest, book 1, 2, law 5, sections 6.
Disn. on Gam. Disney's Law of Gaming.
Doct. & Stud. Doctor and Student.
Doct. Pl. Doctrina Placitandi.
Doder. Eng. Law. Doderidge's English Lawyer.
Dods. R. Dodson's Reports.
Dom. Domat, Lois Civilles.
Dom.
Proc. Domo Procerum. In the House of Lords.
Domat. Lois Civilles dans leur ordre naturel. Par M. Domat.
Dougl. Douglas' Reports.
Doug. El. Cas.
Dougls' Election Cases.
Dougl. (Mich.) R. Dougls' Michigan Reports.
Dow. or
Dow. P.C. Dow's Parliamentary Cases.
Dow & Clarke, Dow and Clarke's Reports of Cases in the House of =
Lords.
Dowl. P. C. Dowling's Practical Cases.
Dow.& R. N. P. Dowling and Ryan's Nisi Prius Cases.
Dow.& Ry. M.C.
Dowling & Ryan's Cases for Magistrates.
Dow.& Ry. Dowling and Ryland's Reports.
Dr.& St. Doctor and Student.
Drew. on Inj. Drewry on Injunctions.
Dru.& Wal. Drury and Walsh's Reports.=20
Dru.& War. Drury &Warren's Reports.
Dub. Dubitatur.
Dudl. R. Dudley's Law and Equity Reports.
Dug. S. or Dugd. Sum. Dugdale's Summons.
Dugd. Orig. Dugdale's Origines.
Dug. Sum. Dugdale's Summonses
Duke. or Duke's Ch. Uses. Duke's Law of Charitable Uses.
Dunl. Pr. Dunlap's Practice.
Dunl. Admr. Pr.
Dunlap's Admiralty Practice.
Duponc. on Jur. Duponceau on Jurisdictions.
Duponc. Const. Duponceau on the Constitution.
Dur. Dr. FR.
Duranton, Droit Francais.
Durnf.& East. Durnford & East's Reports, also cited D.& E. =
or T.R.
Duv. Dr. Civ. Fr. Duvergier, Droit Civil Francais. This is a =
continuation of Touiller's Droit=20
   Civil Francais. The first volume of Duvergier is the sixteenth volume =
of the=20
   continuation. The work is sometimes cited 16 Toull. or 16 Toullier, =
instead of being=20
   cited 1
Duv. or 1 Duvergier, etc.
Dwar. on Stat. Dwarris on Statutes.
Dy. Dyer's Reports.=20

E. Easter Term.
E. Edward; as 9 E. 3, c. 9.
E. of Cov. Earl of Coventry's Case.
E.C.L.R. English Common Law Reports, sometimes cited Eng. Com. Law Rep. =
(q.v.)
E.g., usually written e.g., exempli gratia; for the sake of an instance =
or example.
E.P.C. or East, P.C. East's Pleas of the Crown.
East, P.C. East's Pleas of the Crown.
Eccl. Ecclesiastical.
Eccl. Law. Ecclesiastical Law.
Eccl. Rep. Ecclesiastical Reports. Vide Eng. Eccl. Rep.
Ed. or Edit. Edition.
Ed. Edward; as, 3 Ed. 1, c. 9.
Ed. Inj. Eden on Injunction.
Ed. Eq. Reps. Eden's Equity Reports.
Ed. Prin. Pen. Law. Eden's Principles of Penal Law.
Edm. Exch. Pr. Edmund's Exchequer Practice.
Edw. Ad. Rep. Edward's Admiralty Reports.
Edw. Lead. Dec. Edward's Leading Decisions.
Edw. on Part. Edward's on Parties to Bills in Chancery.
Edw. on Rec. Edwards on Receivers in Chancery.
Eliz. Elizabeth; as, 13 Eliz. c.15.
Ellis on D. and Cr. Ellis on the Law relating to Debtor and Creditor.
Elm on Dil. Elmes on Ecclesiastical and Civil Dilapidations.
Elsyn on Parl. Elsynge on Parliaments.
Encycl. Encycloaedia, or Encyclopedie.
Eng. English.
Eng. Ch. R. English Chancery Reports. Vide Cond. Ch. R. (See App. A.)
Eng. Com. Law Rep. English Common Law Reports.
Eng. Ecc. R. English Ecclisiastical Reports.
Eng. Plead. English Pleader.
Engl. Rep. English's Arkansas Reports.
Eod. Eodem, under the same title.
Eod. tit. In the same title.
Eq. Ca. Ab. Equity Cases Abridged.
Eq. Draft. Equity Draftsman.=20
Ersk. Inst. Erskin'e Institute of the Law of Scotland.=20
Ersk. Prin. of Laws of Scotl. Erskine's Principles of the Laws of =
Scotland.
Esp. N.P. Espinasse's Nisi Prius.
Esp. N. P. R. Espinasse's Nisi Prius Reports.
Esp. on Ev. Espinasse on Evidence.
Esp. on Pen. Ev.
Espinasse on Penal Evidence.
Esq. Esquire.
Et. al. Et alii, and others.
Eunom. Eunomus.
Ev. Col. Stat. Evan's Collection of Statutes.
Ev. on Pl. Evans on Pleading.
Ev. Tr. Evans' Trial.
Ex. or Exor. Executor.
Execx. Executrix.
Exch. Rep. Exchequer Reports. Vide Cond. Exch. REp.
Exec. Execution. Exp. Expired.
Exton's Mar. Divaeo. Exton's Maritime Dicaeologie.
Extrav. Extravagants.

F. Finalis, the last or latter part.
F.
Fitzherbert's Abridgment.
F.& F. Falconer & Fitzherbert's Reports.=20
F. R.
Forum Romanum.
F.& S. Fox & Smith's Reports.
F. N. B. Fitzherbert's Natura Brevium.
Fairf. R. Fairfield's Reports.
Fac. Coll. Faculty Collection; the name of a set of Scotch Reports.
Falc. & Fitzh. Falconer & Fitzherbert's Election Cases.
Far. Farresly, (7 Mod. REp.) is sometimes so cited.
Farr's Med. Jur. Farr's Elements of Medical Jurisprudence.
Fearn. on Rem. Fearne on Remainders.
Fell. on Mer. Guar. Fell on Mercantile Guaranties.
Ferg. on M.& D. Ferfusson on Marriage and Divorce.
Ferg. R. Fergusson's Reports of the Consistorial Court of Scotland.
Ff. or ff. Pandects of Justinian: a careless way of writing the Greek =
=EC.
Ferr. Hist. Civ. L. Ferriere's History of the Civil Law.
Ferr. Mod. Ferriere Moderne, on Nouveau Dictionnaire des Termes de Droit =
et de=20
     Pratique.
Fess. on Pat. Fessenden on Patents.=20
Fi.
fa. Fieri Facias.
Field's Com. Law. Field on the Common Law of England.
Field. on Penl Laws. Fielding on Penal Laws.=20
Finch. Finch's Law; or a Discourse thereof, in five books.=20
Finch's Pr. Finch's Precedents inChancery.
Finl. L. C. Finlayson's Leading Cases on Pleading.
Fish. Copyh.
Fisher on Copyholds.
Fitz. C. Fitzgibbon's Cases.
Fitzh. Fitzherbert's Abridgment
Fitzh. Nat. Bre. Fitzherbert's Natura Brevium.
Fl. or Fleta. ACommentary on the English Law, written by an anonymous =
author, in the=20
     time of Edward I., while a prisoner in the Fleet.
Fletch. on Trusts.
Fletcher on the Estates of Trustees.
Floy. Proct. Pr. Floyer's Proctor's
Practice.
Fol. Foley's Poor Laws.=20
Fol. Folio.
Fonb. Fonblanque on Equity.
Fonb. Med. Jur. Fonblanque on Medical Jurisprudence.
Forr. Forrester's
Cases during the time of Lord Talbot, commonly cited Cas. Temp.Talb.
For. Pla. Brown's Formulae Placitandi.
Forb. on Bills. Forbes on
Bills of Exchange.
Forb. Inst. Forbes' Institutes of the Law of Scotland.
Forr. Exch. Rep. Forrest's Exchequer Reports.
Fors. on Comp.
Forsyth on the Law relating to Composition with Creditors.
Fortesc.
Fortescue, De Laudibus Legum Angliae.=20
Fortesc. R. Fortescue's Reports, temp. Wm. and Anne.
Fost. or Fost. C.L. Foster's Crown Law.
Fox.& Sm. Fox & Smith's Reports.=20
Fr. Fragmentum.
Fra. or Fra. Max. Francis' Maxims.
Fr. Ord. French Ordinance. Sometimes cited Ord. de la Mar.
Fras. Elect. Cas.
Fraser's Election Cases.
Fred. Co. Frederician Code.
Freem. Freeman's Reports.=20
Freem. C. C. Freeman's Cases in Chancery.
Freem. (Mis.) R.
Freeman's Reports of Cases decided by the Superior Court of Chancery of =
Mississippi.

G. George; as, 13 G. 1, c. 29.
G. & J. Glyn & Jameson's Reports.
G. & J. Gill & Johnson's Reports.
G. M. Dudl. Repo. G. M. Dudley's Reports.
Gale & Dav. Gale & Davidson's Reports.
Gale's Stat. Gale's Statutes of Illinois.
Gall. or Gall. Rep. Gallison's Reports.
Garde on Ev.
Garde's Practical Treatise onthe General Principles and Elementary Rules =
of the Law of=20
     Evidence.
Geo. George; as, 13 Geo. 1, c. 29.
Geo. Dec.
Georgia Decisions.
Geo. Lib. George on the Offence of Libel.
Gib. on D.& N.
Gibbons on the Law of Dilapidations and Nuisances.
Gibs. Codex. Gibson's Codex Juris Civilis.
Gilb. R. Gilbert's Reports.
Gilb. Ev. Gilbert's Evidence.
Gilb. U. & T. Gilbert on Uses and Trusts.
Gilb. Ten. Gilbert on Tenures.
Gilb. on Rents. Gilbert on Rents.
Gilb. on Rep. Gilbert on Replevin.=20
Gilb. Ex. Gilbert on Executions.
Gilb. Exch. Gilbert's Exchequer.
Gilb. For. Rom. Gilbert's Forum Romanum.=20
Gilb. K. B. Gilbert's King's Bench.
Gilb. Rem. Gilbert on REmainders.
Gilb. on Dev. Gilbert on Devises.
Gilb. Lex. praet. Gilbert's Lex Praetoria.
Gill & John. Gill & Johnson's Reports.
Gill's R. Gill's Reports.
Gilm. R. Gilmer's Reports.
Gilp. R. Gilpin's Circuit Court Reports.
Gl. Glossa, the
Gloss.
Glanv. Glanville's Treatise of the Laws and Customs of England.
Glassff. Ev. Glassford on Evidence.
Glov. Mun. Corp. Glover on Municipal Corporations, or Glov. on Corp. =
Glover on the=20
     Law of Municipal Corporations.
Glyn. & Jam. Glyn & Jameson's Reports of Cases in Bankruptcy.
Godb. Godbolt's Reports.
Godolph. Ad. Jr. Godolphin's View of the Admiralty Jurisdiction.
Godolph. Rep. Can. Godolphin's Repertorium Canonicum.
Godolph. Godolphin's Orphan's Legacy.
Gods. on Pat. Godson's Treatise on the Law of Patents.
Goldesh. Goldeshorought's Reports.
Golds.
Goldshorough's Reports.
Gord. on Dec. Gordon on the Law of Decedents in Pennsylvania.
Gould on Pl. Gould on the Principles of Pleading in Civil Actions.
Gow on Part. Gow on Partnership.
Grah. Pr. Graham's Practice.
Grah. N.T. Graham on New Trials.
Grand. Cout. Grand Coutumier de Normandie, (q.v.)
Grady on Fixt. Grady on the law of Fixtures.
Grant on New. Tr. Grant on New Trials.
Grant's Ch. Pr. Grant's Chancery Practice.
Gratt. R. Grattan's Virginia Reports.
Green's B.L. Green's Bankrupt Laws.
Green's R. Green's Reports.
Greenl. on Ev. Greenleaf's
Treatise on the Law of Evidence.
Greenl. Ov. Cas. Greenleaf's Overruled Cases.
Greenl. R. Greenleaf's Reports.
Greenw on Courts. Greenwood on Courts.
Gres. Eq. Ev. Gresley's Equity Evidence.
Grif. REg. Griffith's Law Register.
Grimk. on Ex. Grimke on the Duty of Executors and Administrators.
Grisw. Rep. Griswold's Reports.
Grot. Grotius de Jure Belli.
Gude's Pr. Gude's Practice on the Crown side of King's Bench, =
&c.;Gwill. Gwillim's Tithe Cases.

H. Henry; as, 18 H. 7, c. 15.
H. Hilary Term.
H.A. Hoc Anno
H.v. commonly written in small letters h.v. hoc verbo.
H. of L. House of Lords.
H. of R. House of Representatives.
H.& B.
Hudson & Brooke's Reports.
H.& G. Harris & Gill's Reports.
H.& J. Harris & Johnson's Reports.
H. Bl. Henry Blackston'es Reports.
H. H. C. L. Hale's
History ofthe Common Law.
H.& M. Henning and munford's Reports.
H.& M'H. or
Harr. & M'Hen. Harris & M'Henry's Reports.
Hab. fa. seis. Habere facias seisinam.
H. P. C. Hales' Pleas of the Crown.
H.t. usually put in small letters, h.t. hoc titulo.
Hab. Corp. Habeas Corpus.
Hab. fa. pos. Habere facias possessionem.
Hagg. Ad. R. Haggard's Admiralty Reports.
Hagg. Ecc. R. Haggard's Ecclesiastical Reports.
Hagg. C. R. Haggard's Reports in the Consistory Court of London.
Hale, P.C. Hale's Pleas of the Crown.
Hale's Sum. Hale's Summary of Pleas.
Hale's Jur. J. L. Hale's Jursidiction of the
House of Lords.
Hale's Hist. C.L. Hale's History of the Common Law.
Halif. Civ. Law. Halifax's Analysis ofthe Civil Law.
Hall's R. Hall's Reports of Cases decided in the Superior Court of the =
city of New York.
Halk. dig.
Halkerton's digest of the Law of Scotland relating ot Marriage.
Hall's Adm. Pr. Hall's Admiralty Practice.
Halst. R. Halstead's Reports.
Hamm. N. P.
Hammond's Nisi Prius.
Ham. R. Hammond's (Ohio) Reports.
Hamm. on Part.
Hammond on Parties to Actions.
Hamm. Pl. Hammond's Analysis of the
Principles of Pleading.
Hamm. on F. II. Hammond on Fire Insurance.
Han.
Hansard's Entries.
Hand's ch. Pr. Hand's Chancery Practice.
Hand on Fines.
Hand on Fines and Recoveries.
hand's Cr. Pr. hand's Corwn Practice.
hand on Pat. hand on Patents. Hans. Parl. Bed. hansard's Parliamentary =
Debates.
hard. Hardress' Reports.=20
Hardin's R. Hardin's Reports.=20
Hare R.
Hare's Reports.=20
Hare & Wall. Sel. Dec. Hare & Wallace's Select Decisions of =
American Cases, with=20
     Notes.
Hare on Disc. Hare on the Discovery of Evidence by Bill and Answer in =
Equity.
Harg. Coll. Hargrave's Juridical Arguments and collection.=20
Harg. St. Tr. Hargrave's State Trials.
Harg.Exer. Hargrave's Exercitations.
Harg. Law Tr. Hargrave's Law Tracts.
Harp. L. R. Harper's Law Reports.
Harp. Eq. R. Harper's Equity Reports.
Harr. Ch.
Harrison's Chancery Practice.
Harr. Cond. Lo. R. Harrison's condensed Report of Cases in Superior =
Court of the=20
      Territory of Orleans, and in the Supreme Court of Louisiana.
Harr. Dig. Harrison's Digest.
harr. Ent.
Harris' Entries.
Harr. (Mich.) R. harrington's Reports of Cases in the Supreme Court of =
Michigan.
Harr. & Gill. Harris & Gill's Reports.
harr.
& John. Harris & Johnso's Reports.
Harr. & M'H. Harris & M'Henry's Reports.
Harringt. R. Harrington's Reports.
Hasl. Med. Jur. Haslam's
Medical Jurisprudence.
Hawk. P.C. Hawkins' Pleas of the Crown.
Hawk's R.
Hawk's Reports.
Hay on Est. An Elementary View of the Common Law of uses, Devises, and =
Trusts, with=20
      reference to the Creation and Conveyance of Estates, by William =
Hayes.
Hay. on Lim. Hayes on Limitations.
Hay. Exch. R.
Hayes' Exchequer Reports.
Hays on R. P. Hays on REal Property.
Heath's Max.
Heath's Maxim's.
Hein. Elem. Juris. civ. Heineccii, Elementa juris Civilis,secundum =
ordinem Institutionum.
Hein. Elem. Juris. Nat. Heineccii, Elementa juris Naturae et gentium.
Hen on For. Law. Henry on Foreign Law.
Hen. J. P. Henning's Virginia Justice of the Peace.
hen. & Munf.
Henning & Munford's Reports.
Herne's Ch. Uses. Herne's law of Charitable Uses.
Herne's Plead. Herne's Pleader.
het. Hetley's Reports.
Heyw. on El.
Heywood on Elections.=20
Heyw. *N.C.) R. Heywood's North Carolina Reports.
Heyw. (Tenn.) R. Heywood's Tennessee Reports.
High. Highmore.
High on Bail. Highmore on Bail.=20
High. on Lun. Highmore on Lunacy.=20
High. on Mortm. Highmore on Mortmain.
Hill. Ab. Hilliard's Abridgment of the Law of Real Property.
Hill's R. Hill's Reports.
Hill's Ch. R. Hill's Chancery Reports.
Hill on Trust. A Practical Treatise on the Law relating to Trustees, =
&c.;Hind's Pr. Hind's Practice.
Hob. Hobart's Reports.
Hodg. R.
Hodge's Reports.
Hodges on Railw. Hodges on the Law of Railways.
Hoffm. Outl. Hoffman's Outlines of Legal Studies.
Hoffm. Leg. St. Hoffman's Legal Studies.
Hoffm. Ch. Pr. Hoffman's Chancery Practice.
Hoffm. Mas. Ch.
Hoffman's master in Chancery.
Hoffm. R. Hoffman's Reports.
Hog. R. Hogan's Reports.=20
Hog. St. Tr. Hogan's State Trials.=20
Holt on Lib. Holt on the Law of Libels.
Holt on Nav. Holt on Navigation.=20
Holt. R. Holt's Reports.
Holt on Sh. Holt on the Law of Shipping.
Hopk. R. Hopkins' Chancery Reports.
Hopk. Adm. Dec. Hopkinson's Admiralty Decisions.
Houard's Ang. Sax. Laws. Houard's Anglo Saxon laws and Ancient Laws of =
the French.
Houard's dict. Houard's Dictionary of the Customs of normandy.
Hough C. M. Hough on Courts Martial.
Hov. Fr. Hovenden on Frauds.
Hov. Supp. Hovenden's Supplement to Vesey Junior's Reports.
How. St. Tr. Howell's State Trials.
Howe's Pr. Howe's Practice in Civil Actions and Proceedings at Law in =
Massachusetts.=20
How. Pr. R. Howard's Practice Reports.
Hub. on Suc. Hubback on Successions.
Huds. & Bro. Hudson & Brooke's Reports.
Hugh. Ab. Hughes' Abridgment.
Hugh. Entr. Hughes' Entries.
Hugh. on Wills. Hughes on Wills.
Hugh. R. Hughes' Reports.
Hugh. Or. Writs. Hughes' Comments upon Original Writs.
Hugh. Ins. Hughes on Insurance.
Hugh. on Wills. Hughes' Practical Directions for Taking Instructions for =
Drawing Wills.
Hull. on Costs. Hullock on the Law of Costs.
Hult. on Conv. Hulton on Convictions.
Humph. R. Humphrey's Reports.=20
Hume's com. Hume's Commentaries on the Criminal Law of Scotland. Hut. =
Hutton's=20
     Reports.

I. The Institutes of Justinian (q.v.) are sometimes cited, I.1, 3, 4.
I. Infra, beneath or below.
Ib. Ibidem.
Ictus.
Jurisconsultus. This abbreviation is usually written with an I, though =
it would be more=20
    proper to write it with a J, the first letter of the word
Jurisconsultus; c is the initial letter of the third syllable, and tus =
is the end of the word.
    Id. Idem.
Il Cons. del Mar. Il Consolato del Mare. See Consolato del Mare, in the =
body of the work.=20
Imp. Pr. C. P. Impey's Practice in the common Pleas.=20
Imp. Pr. K. B. Impey's Practice in the King's Bench.
Imp. Pl. Impey's Modern Pleader.=20
Imp. Sh. Impey's Office of Sheriff.
In f. In fine, at the end of the title, law, or paragraph quoted.
In pr. In principio, in the beginning and before the first paragraph of =
a law.
In princ. In principio. In the beginning .
In sum.
Insumma, in the summary.
Ind. Index.
Inf. Infra, beneath or below.
Ing. Dig. Ingersoll's Digest of the laws of the United States.
Ing. Roc.
Ingersoll's Roccus.
Ingr. on Insolv. Ingraham on Insolvency.
Inj.
Injunction.
Ins. Insurance.
Inst. Coke on Littleton, is cited Co. Lit. or 1 Inst., for First =
Institute. Coke's magna=20
     Charta, is cited Co. M.C. or 2 Inst., for Second Institute. Co. P. =
C. Coke's Pleas of=20
     the Crown, is cited 3 Inst., for Third Institute. Co. on Courts. =
Coke on Courts, is=20
     cited 4 Inst., for Fourth Institute.
Inst. Institutes. When the Institutes of Justinian are cited, the =
citation is made thus; Inst. 4,=20
      2, 1; or
Inst. lib. 4, tit. 2, l. 1; to signify In stutues, book 4, tit. 2, law =
1. Coke's Institutes are=20
     cited, the first, either Col Lit. or 1 Inst., and the others 2 =
Inst., 3 Inst., and 4 Inst.
Inst. Cl. or Inst. Cler.
Instructor Clericalis.
Inst. Jur. Angl. Institutiones Juris Anglicani, by Doctor Cowell.
Introd. Introduction.
Ir. Eq. R. Irish Equity Reports.
Ir. T. R. Irish Term Reports. Sometimes cited Ridg. Irish. T. R. (q.v.)

J.
Justice.
J. institutes of Justinian.
J. C. Juris Consultus.=20
J. C. P.
Justice ofthe common Pleas.
J. Glo. Juncta Glossa, the Gloss joined to the text quoted.
J. J. Justices.
J. J. Marsh. J.J. Marsha''s (Kentucky) Reports.
J. K. B. Justice of the King's Bench.
J. P. Justice of the Peace.
J. Q. B. Justice ofthe Queen's Bench.
J. U. B. Justice of the Upper Bench. During the Commonwealth of the =
English Court of=20
     the King's Bench was called the Upper Bench.=20
Jac. Jacobus, James; as, 4 Jac. 1, c. 1.
Jac. Introd. Jacob's Introduction to the Comm, Civil, and Canon Law.
Jac. L. D.
Jacob's law Dictionary.
jac. L. G. Jacob's law Grammar.
Jac. Lex. Mer.
jacob's Lex Mercatoria, or the Merchant's Companion.
Jac. R. Jacob's Chancery Reports.=20
Jac. & Walk. Jacob & Walker's Chancery Reports.
Jack. Pl. Jackson on Pleading.
Jarm. on Wills. Jarman on the Law of Wills.
Jarm. Pow. Dev. Powell on Devises, with Notes by Jarman.
Jebb's Ir. Cr. Cas.
Jebb's Irish Criminal Cases.
Jeff. Man. Jefferson's Manual.
Jeff. R. Thomas
Jefferson's Reports.
Jenk. Jenkins' Eight Centuries of Reports; or Eight Hundred Cases =
solemnly  adjudged in=20
    the Exchequer Chamber, or upon Writs of Error, from K. Henry III, to =
21 K. James=20
    I.
Jer. Jeremy.
Jer. on Carr.
Jeremy's Law of Carriers.=20
Jer. Eq. Jur. Jeremy on the Equity Jurisdiction
of the High Court of  Chancery.
Jer. on Cor. Jervis on Coroners.
John. Cas. Johnson's Cases.
John. R. Johnson's Reports.
John. Ch. R. Johnson's Chancery Reports.
John. Eccl. Law. Johnson's Ecclesiastical Law.
Johns. Civ. L. of Sp. Johnson's Civil Law of Spain.=20
Johns. on Bills. The Law of Bills of Exchange, Promissory Notes, Checks, =
&c., by=20
     Cuthbert W.
Johnson.
Jon. Sir Wm. Jones' Reports.
Jon. & Car. Jones and Carey's Reports.
Jon. on Lib. Jones, De Libellis Famosis, or the Law of Libels.
Jon. Inst. HInd. L. Jones' Institutes of Hindoo Laws.
Jon. (1) Sir W. Jones' Reports.
Jon. (2) Sir T. Jones' Reports.
Jon. T. Thomas Jones' Reports.
Jon. on Bailm Jones' Law of Bailments.
Jones' Intr. Jones' Introduction to Legal Science.
Joy on Ev. Acc. Joy on the Evidence of Accomplices.
Joy on Chal. Joy on Challenge to Jurors.
Joy Leg. Ed. Joy on Legal Education.
Jud. Chr. Judicial Chronicle.
Jud. Repos. Judicial Repository.
Judg. Judgments.
Jr. Eccl. Jura Ecclesiastica, or a Treatise of the Ecclesiastical Law =
and Courts, interspersed=20
     with various cases of Law and Equity.
Jr. Mar. Molloy's Jure Maritimo. Sometimes cited Molloy.
Jus. Nav. Thod. Jus Navale Thodiorum.
Just. Inst. Justinian's Institutes.

K. B. King's Bench.
K. C. R. Reports in the time of Chancellor
King.
K.& O. Knapp & Omber's Election Cases.
Kames on Eq. Kames' Principles of Equity.
Kames' Ess. Kames' Essays.
Kames' Hist. L. T. Kames' Historical Law Tracts.
Keat. Fam. Settl. Keating on Family Settlements.=20
Keb. Keble's Reports.
Keb. Stat. Keble's English Statutes.
Keen's R. Keen's Reports.
Keil or Keilw. Keilways' Reports.
Kel. Sir John Kelyng's Reports.
Kel. 1,2, or W. Kel. William Kelyng's Reports, two parts.
Kelh.
Norm L. D. Kelham's Norman French Law Dictionary.
Kell. R. Kelly's Reports.
Ken. on Jur. Kennedy on Juries.
Kent. Com. Kent's Commentaries on American Law.
Keny. Kenyon's Reports of the Court of King's Bench.
Kit. or
Kitch. Kitchen on Courts.
Kna.& Omb. Knapp & Omber's Election Cases.
Knapp's A. C. Knapp's Appeal Cases.
Knapp's R. Knapp's Privy Council Reports.
Kyd on Aw. Kyd on the Law of Awards.
Kyd on Bills. Kyd on the Law relating to Bills of Exchange.
Kyd on Corp. Kyd on the Law of Corporations.
L, in citation means law, as L. 1, 33. Furtum, ff de Furtis, i.e. law 1, =
section or paragraph=20
     beginning with the word Furtum; ff, signifies the Digest, and the =
words de Furtis=20
     denote the title. L. signifies also liber, book.
L.& G. Lloyd's & Goold's Reports.
L.& W.
Lloyd & welshy's Mercantile Cases.
LL. Laws, as LL. Gul. 1, c. 42. Laws of William I. chapter 42; LL. of =
U.S., Laws of the=20
      United States.
L.S. Locus sigili.
L.R. Louisiana Reports.
La. Lane's REports.
Lalaure, des Ser.
Traite des Servitudes reelles, par M. laalaure.
Lamb. Archai. Lambard's Archaionomia.
Lamb. Eiren. Lambard's Eirenarcha.
Lamb. on Dow. Lambert on Dower.
Lat. Latch's Reprts.
Laus. on Eq. laussat's Essay on Equity Practice in Pennsylvania.
Law. on Chart. part. Lawes on the Law of Charter Parties.
Law. Lib. Law Library.
Law Rep. Law Reporter.
Laws Eccl. Law.
Laws' Ecclesiastical Law.
Law Intel. Law Intelligencer.
Law Fr. & latin Dict. Law French and Latin Dictionary.
Law. Pl. lawes' Elementary Treatise on Pleading in Civil Actions.
Law. Pl. in Ass. Lawes' Treatise on Pleading in Assumpsit.
Laws of Wom. Laws of Women.
Lawy. Mag. lawyer's magazine.
Le.
Ley's Reports.
Leach. Leach's Cases in Crown Law.
Lec. Elm. Lecons Elementaire du Driot Civil Romain.
Lee Abst. Tit. Lee on the Evidence of Abstracts of Title to Real =
Property.
Lee on Capt. Lee's Treatise of Captures in War.
Lee's Dict. Lee's Dictionary of Practice.
Lee's Eccl. R.
Lee's Ecclesiastical Reports.
Leg. Bibl. Legal Bibliography, by J.G. Marvin.
Leg. Legibus.
Leg. Obs. Legal Observer.
Leb. Oler. The Laws of Oleron.
Leg. on Outl. Legge on Outlawry.
Leg. Rhod. The Laws of Thodes.
Leg. ult. The Last Law.
Leg. Wish. Lawas of Wishury.
Leigh & Dal. on Conv. Leigh & Dalzell on Conversion of Property.
Leigh's R. Leigh's Reports.
Leigh's N.P. Leigh's Nisi Prius.
Leo. or Leon. Leonard's Reports.
Lev. Levinz' Reports.
Lev. Ent. Levinz's Entries.
Lew. C. C.
Lewin's Crown Cases.
Lew. Cr. Law. An Abridgment of the Criminal Law of the United States, by =
Ellis Lewis.
Lew. on Tr. Lewin on Trusts.
Lew. on Perp.
Lewin on the Law of Perpetuities.
Lex Man. Lex maneriorum.
Lex Mer. Lex Mercatoria.=20
Lex Mer. Am. Lex Mercatoria Americana.
Lex Parl. Lex Parliamentaria.=20
Ley. Ley's Reports.
Lib. Liber, book.
Libb. Ass. Liber Assisarum.
Lib. Ent. Old Book of Entries.
Lib. Feud. Liber Feudorum.
Lib. Intr. Liber Intrationum; or Old Book of Entries.
Lib. Nig. Liber Niger.
Lib. Pl. Liber Placitandi.
Lib. Reg. Register Books.
Lib. Rub. Liber Ruber.=20
Lib. Ten. Liberum Tenementum.
Lid. Jud. Adv. Liddel's Detail of the Duties of a Deputy Judge Advocate.
Lill. Entr. Lilly's Entries.
Lill. Reg.
Lilly's Register.
Lill. Rep. Lilly's Reports.
Lill. Conv. Lilly's conveyancer.
Lind. Lindewooode's Provinciale; or Provincial Constitutions of England, =
with  the=20
      Legantine Constitutions of Otho and Othobond.
Litt. s. Littleton, section.
Litt. R. Littell's Reports.=20
Litt. Rittleton's
Reports.
Litt. Sel. Cas. Littell's Select Cases.
Litt. Ten. Littleton's Tenures.
Liv. Livre, book.
Liv. on Ag. Livermore on the Law of Principal and Agent.
Liv. Syst. Livingston's System of Penal Law for the State of
Louisiana. This work is sometimes cited Livingston's Report on the Plan =
of a Penal Code.
Liverm. Diss. Livermore's dissertations on the Contrariety of Laws.
Llo.& Go. Lloyd & Goold's Reports.
Llo.& Go. t. Sudg. Lloyd &
Goold's Reports, during the time of Sugden.
Llo.& Go. t. Plunk. Lloud &
Goold during the time of Plunkett.
Llo.& Welsh. Lloyd & Welshy's Reports of Cases relating to =
Commerce, Manufactures,=20
     &c., determined in the Courts of Common Law.
Loc. cit. Loco citato, the place cited.
Log. Comp. Compendium of the Law of England, Scotland, and Ancient Rome, =
by James
Logan.
Lofft. Lofft's Reports.
Lois des Batim. Lois des Batimens.
Lom. Dig.
Lomax's Digest of the Law of Real Property in the United States.
Lom. Ex.
Lomax on Executors.
Long. Quint. Year Book, part 10 Vide Year Book.
Louis Code. Civil Code of Louisiana.
Louis. R. Louisiana Reports.
Lovel. on Wills. Lovelass on Wills.
Lown. Leg. Lowndes on the Law of Legacies.
Lube, Pl. Eq. An Analysis of the Principles of Equity Pleading, by D. G.

Lube.
Luder's elec. Cas. Luder's Election Cases.
Luml. Ann. Lumley on Annuities.
Luml Parl. Pr. Lumley's Parliamentary Practice.
Luml on Settl.
Lumley on Settlements and Removal.
Lut. Ent. Lutwyche's entries.
Lutw.
Lutwyches' Reports.

M. Michaelmas Term.
M. Maxim, or Maxims.
M. Jary; as 4
Mary st.3, c.1.
M.& A. Montagu & Ayrton's Reports of Cases of Bankruptcy.
M.& B. Montagu and bligh's Cases in Bankruptcy.
M.& C. Mylne &Craig's Reports.
M.& C. Montagu & Chittys' Reports.
M.& G. Manning & Granger's Reports.
M.& G. Maddock & Geldart's Reports.
M.G.& S. Manning, Granger & Scott's Reports.
M.& K. Mylne & Keen's chancery Reports.
M.& M. or Mo.& Malk. Rep. Moody & Malkin's Nisi Prius =
Reports.
M. P. Exch. Modern Practice Exchequer.
M.& P. Moore & Payne's Reports.
M.R. Master ofthe Rolls.
M. R. Martin's Reports of the Supreme Court of the State of Louisiana.
M.& R. Manning & Ryland's Reports.
M.& S. Moore & Scott's Reports.
M.& S. Maule & Selwyn's Reports.
M.& Y. or Mart. & Yerg. Martin & Yerger's Reports.
M.& W. Meeson & Welshy's Reports.
M. D.& G. Montagu, Daecon & Gex's Reports of Cases in =
Bankruptcy.
M'Arth. C. M. M'Arthur on Courts Martial.
M'Cl & Yo. M'Clelland & Younge's Exchequer Reports.
M'Clel. E. R. M'Clelland's Exchequer Reports.
M'Cord's Ch. R. M'Cord's Chancery Reports.
M'Cord's R. M'Cord's Reports
M'Kin. Phil. Ev. M'Kinnon's Philosophy of Evidence.
M'Naght. C. M. M'Naghton on Courts Martial.
McLean & Rob. McLean & Robinson's Reports.
M'Lean R. M'Lean's Reports.
Macn. on Null. Macnamara on Nullities and Irregularities in the Practice =
of the Law.
macnal. Ev. Macnally's Rules of Evidence on Pleas of the Crown.
Macph. on Inf. Macpherson on Infants.
Macq. on H.& W. Macqueen on Hushand and Wife.
Mad. Exhc. Madox's History ofthe Exchequer.
Mad. Form. Madox's Formulare Anglicanum.
Madd.& Geld. Maddock's & Geldart's Reports.
Madd.,
Madd. R. Maddock's chancery REports.
Madd. Pr. or Madd. Ch. Maddock's Chancery Practice.
Mag. Ins. Magens on Insurance.
Mal. Malyne's Lex
Mercatoria.
Man. Manuscript.
Man.& Gra. Manning & Granger's Reports.
man. Gr.& Sc. Manning, Granger & Scott's Reports.
Man.& Ry. Manning & Ryland's Reports.
Manb. on Fines. Manby on Fines.
Man. Comm. Manning's Commentaries of the Law of Nations.
Mann. Exch. Pr. Manning's Exchequer Practice.
mans. on Dem. Mansel on Demurrers.
Mans. on Lim. Mansel of the Law of Limitations.
Manw. Manwood's Forest Laws.
mar. Maritime.
mar. N.C. March's New Cases.=20
Mar. R. march's Reports.
Marg. margin.
Marr. Adm. Dec.
Marriott's Admiralty Decisions.
Marr. Form. Inst. marriott's Formulare Instrumentorum; or a Formulary of =
Authentic=20
     Instruments, Writs, and Standing orders used in the Court of =
Admiralty of Great=20
     Britain, of Prize and Instance.
Marsh. Marshall's Reports in the Court of Common Pleas. A. Marsh. =
Marshall's (Kty.)=20
     Reports. J. J. Marsh. J. J. Marshall's Reports. Marsh. Ins.
Marshall on the Law of Insurance.
Marsh. Decis. Brockenbrought's Reports of Chief JUstice marshall's =
Decisions.
Mart. law Nat. Martin's Law of Nations.
Mart. (N.C.) R. Martin's North Carolina Reports.
Mart. (Lo.) R. Martin's Louisiana Reports.
Marv. Leg. Bibl.
Marvin's Legal Bibliography.
Mart.& Yerg. Martin & Yerger's Reports.
Mart. N. S. Martin's Louisiana Reports, new series. Sason R. mason's =
circuit Court Reports.
Mass. R. Massachusetts Reports.
Math. on Pres. Mathew on the Doctrine of Presumption and Presumptive =
Evidence.
Matth. on Prt. Matthews on Portion.
Matth. on Ex. Matthews on Executors. maugh. Lit. Pr. Maughan on Literary =
Property.
Maule & Selw. Maule & Selwyn's Reports.
Max.
Maxims.
Maxw. L. D. Maxwell's Dictionary of the Law of Bills of Exchange, & =
c.
Maxw. on Mar. L. Laxwell's Spirit of the Marine Laws.
Mayn. Maynard's Reports. See Year Books in the body of the work. The =
first part of the=20
    Y. B. is sometimes so cited.
Med. Jr. Medical Jurisprudence.
Mees. & Wels.
Meeson & Welshy's Reports.
Meigs, R. Meigs' Tennessee Reports.
Mer. R.
Merivale's Reports.
Merch. Dict. Merchant's Dictionary.
Merl. Quest.
Merlin, Questions de Driot.
Merl. Repert. Merlin, Repertoire.
Merrif. Law of Att. Merrifield's Law of Attorneys.
Merrif. on Costs. Merrifield's Law of costs.
Metc. R. Metcalf's Reports.
Metc. & Perk. Dig. Digest of the Decisions of the Courts of Common =
Law and  Admiralty in the United States. By Theron Metcalf and Jonathan =
C. Perkins.
Mich. Michaelmas.
Mich. Rev. St. Michigan Revised Statutes.
Miles' R. Miles' Reports.
Mill. Civ. Law. Miller's civil Law.
Mill. Ins. Millar's Elements of the Law relating to Insurances. =
Sometimes this work is cited Mill. El.
Mill. on Eq. Mort.
Miller on Equitable Mortgages.
Minor's Rep. Minor's Alabama Reports,sometimes cited Ala. Rep.
Mirch. onAdv. Mirehead on Advowsons.
Mirr.
Mirroir des Justices.
Misso. R. Missourti Reports.
Mitf. Pl. Mitford's Pleadings in Equity. Also cited Redead. Pl. =
Redesdale's Pleadings. MO. Sir Francis Moore's Reports in the reign of =
K. Henry VIII., Q. Elizabeth, and K.=20
      James.
Mo.& Malk. Moody & Malkin's Reports.
Mo. C. C. Moody's CrownCases.
Mo. Cas. Moody's Nisi Prius and Crown Cases.
Mod. or Mod. R. ModernReports.
Mod. Cas. Modern Cases.
Mod. C. L.& E. Modern Cases in Law and Equity. The 8 & 9 Modern =
Reports are=20
     sometimes so cited; the 8th cited as the 1st, and the 9th as the =
2d.
Mod. Entr. Modern entries.
Mod. Int.
Modus Intrandi.
Mol. Molloy, De jure Miartimo.
Moll. R. Molloy's chancery Reports.
Monr. R. Monroe's Reports.
Mont. & Ayrt. Montagu & Ayrton's Reports.
Mont. B. C. Montagu's Bankrupt Cases.
Mont. & Bligh. Montagu & Bligh's Cases in Bankruptcy.
Mont. & Chit. Montagu & Chitty's Reports.
Mont. onComp. Montagu on the Law of Composition.=20
Mont. B. L. Montagu on the Bankrupt Laws.
Mont. on Set-off. Montagu on Set-off.
Mont. Deac. & Gex.
Montagu, Deacon & Gex's Reports of Cases in Bankruptcy, argued and =
determined in the=20
     Court of Review, and on Appeals to the Lord Chancellor.
Mont. Dig. Montagu's digest of Pleadings in EQuity.
Mont. Eq. Pl. Montagu's Equity Pleading.
Mont. & Mac. Montagu & MacArthur's Reports.
Mont. Sp. of Laws. Montesquieu's Spirit of Laws.
Montesq.
Montesquieu, Esprit des Lois.
Moo. & Malk. Moody & Malkin's Reports.
Moo. & Rob. Moody & Robinson's Reports.
Moore, R. J. B. Moore's Reports of Cases decided in the Court of Common =
Pleas.
Moore's A. C. Moore's Appeal Cases.
Moore & Payne. Moore & Payne's Reports of Cases in C. P.
Moore & Scott. Moore & Scott's Reports of Cases in C. P.
Mort. on Vend. Morton's law of Vendors and Purchasers of Chattels =
Personal.
Mos. Mosely'sReports.
MSS> Manuscripts; as, Lord Colchester's MSS>
Much. D.& S.
Muchall's Doctor and Student.
Mun. Municipal.
Munf. R. Munford'sReports.
Murph. R. Murphy's Reports.
My. & Keen. Mylne & Keen's ChanceryReports.
Myl.& Cr. Mylne & Craig's Reports.

N. Number.
N. or Nov. Novellae: the Novels.
N. A. Non allocatur.
N. B. Nulla bona.
N. Benl. New Benloe.
N.C. Cas. North Carolina Cases.
N. C. Law Rep. North Carolina Law Repository.
N. C. Term R. North Carolina Term Reports. This volume is sometimes =
cited 2 Tayl.
N. Chipm. R. N. Chipman's Reports.
N. E. I. Non est Inventus.
N. H. Rep. New Hampshire Reports.
N. H. & G. Nicholl, Hare & Garrow's Reports.
N. L. Nelson's editon of Lutwyche's Reports.
N. L. Nonliquet. Vide Ampliation.
N.& M. Neville & Manning's Repors.
N.& P. Neville & Perry's Reports.
N. P. Nisi Prius.
N.& M'C. Nott & M'Cord's Reports.
N.R. or New R. New Reports; the new series, or 4 & 5 Bos. & =
Pull. Reports, are usually=20
    cited N. R.=20
N. S. New Series of the Reports of the Supreme Court of Louisiana.
N. Y. R. S. New York Revised Statutes.
Nar. Conv. Nares on Convictions.
Neal's F.& F. Neal's Feasts and Fasts; an Essay on the Rise, =
Progress and Present State=20
    of the Laws relating to Sundays and other Holidays, and other days =
of fasting.
Nels. Ab. Nelson's Abridgment.
Nels. Lex Maner. Nelson's Lex Maneriorum.
Nels. R. Nelson's Reports.
nem. con. Nemine contradicente, (q.v.)
Nem. Dis. nemine dissentiente.
Nev. & Mann. Neville & Manning's Reports.
nev. & Per. Neville & Perry's Reports.
New Benl. Benloe's Reports. Reports in the Reign of Henry VIII., Edw. =
VI.,'  Phil. and=20
     Mary, and Elizabeth, and other Cases in the times of Charles. By =
William Benloe.=20
     See Benl.
New Rep. new Reports.A continuation of Bosanquet & Puller's Reports. =
 See B.& P.
Newf. Rep.
Newfoundland Reports.
newl. Contr. Newland's Treatise on Contracts.
Newl. Ch. Pr. Newland's Chancery Practice.
Newn. Conv. Newnam on Conveyancing.
Ni. Pri. Nisi Pirus.
Nich. Adult. Bast. Nicholas on Adulterine Bastardy.
Nich. Har. & Gar. Nicholl, Hare & Garrow's Reports.
Nient Cul. Nient Culpable, old French, not guilty.
Nol. P. L.
Nolan's Poor Laws.
Nol. R. Nolan's Reports of Cases relative to the Duty and Office of =
Justice of the Peace.
Non Cul. Non culpabilis, not guilty.
North. Northington's Reports.
Nott.& M'cord. Nott & M'Cord's reports.
Nov. Novellae, the Novels.
Nov. REc. Novisimi Recopilacion de las
Leyes de Espana.
Noy's Max. Nou's Maxims.=20
Noy's R. Noy's Reports.

O. Benl.
Old Benloe.
O. Bridg. Orlando Bridgman's Reports.
O. C. Old Code: so is
denominated the Civil Code of Louisiana, 1808.
O. N. B. Old Natura Brevium.Vide Vet. N. B., in the abbreviations, and =
"Old Natura=20
     Brevium," in the body of the work.
O. Ni. These letters, which are an abbreviation for overatur nisis =
habent  sufficientem=20
     exonerationem, are, according to the practice of the English =
Exchequer, marked upon=20
     each head of a Sheriff's account for issues, amerciaments and mean =
profits. 4 Inst.=20
     116.
Oblig.
Obligations.
Observ. Observations.
Off. Office.=20
Off. Br. Officina Brevium.
Off. Ex. Wentworth's Office of Executors.
Ohio R. Ohio Reports.
Oldn. Oldnall's Welsh Practice.
Onsl. N. P. Onslow's Nisi Prius.
Ord. Anst. Ordinance of Amsterdam.
Ord. Antw. Ordinance of Antwerp.
Ord. Bilb. Ordinance of Bilboa.
Ord. Ch. Orders in Chancery.
Ord. Cla. Lord Clarendon's Orders. Ord. Copenh. Ordinance of
Copenhagen.
Ord. Cor. Orders of Court.
Ord. Flor. Ordinances of Florence.
Ord. Gen. Ordinance of Genoa.
Ord. Hamb. Ordinance of Hamburgh.
Ord. Konigs. Ordinance of Konigsherg.
Ord. Leg. Ordinances of Leghorn.
Ord. de la Mar. Ordonnance de la marine, de Louis XIV.
Ord. Prot.
Ordinances of Portugal.
Ord. Prus. Ordinances of Prussia.
Ord. Rott.
Ordinances of Rotterdam.
Ord. Swed. Ordinances of Sweden.
Ord. on Us.
Ordinances on the Law of Usury.
Orfil. Med. Jur. Orfila's Medical Jurisprudence.
Orig. Original.
Oought. Oughton's Ordo Judiciorum.
Overt. R.
Overton's Reports.
Ow. owen's Reports.
Owen, Bankr. Owen on Bankruptcy.

P.
Page or part. Pp. Pages.
P. Pachalis, Easter term.
P.C. Pleas of the Crown.
P.& D. Perry & Davison's Reports.
P.& K. Perry & Knapp's Election Cases.
P.& M. PHilip and mary; as, 1 & 2 P.& M. c. 4.
P.N P. Peake's Nisi Prius.
P. P. Propria persona; in his own person.
Pa. R. Pennsylvania Reports.
P. R. or P. R. C. P. Practical REgister in the Common Pleas.
P. Wms. Peere Williams' Reports.
Paige's R. Paige's Chancery Reports.
Paine's
R. Paine's Reports.
Pal. Palmer's Reports.
Pal. AG. Paley on the Law of
Principal and Agent.
Pal. Conv. Paley on Convictions.
Palm. Pr. Lords.
Palmer's Practice in the House of Lords.
Pand. Pandects. Vide Dig.
Par.
Paragraph; as, 29 Eliz. cap. 5, par. 21.
Par.& Fonb. M. J. Paris &
Fonblanque on Medical Jurisprudence.
Pardess. Pardessus, Cours de Driot Commercial. In this work Pardessus is =
cited in several=20
      ways, namely:
Pardes. Dr. Com Part 3, tit. 1, c. 2, s. 4, n. 286; or 2 Pardes. n. 286, =
which is the same reference.
Park on Dow. Park on Dower.
Park, Ins. Park on Insurance.
Park. R. Sir Thomas Parker's Reports of Cases concerning the Revenue, in =
the Exchequer.
Park. on Ship. Parker on Shipping nad Insurance.
Parl. Hist. Parliamentary History.
Patch. on Mortg. Patch's Treatise on the Law of Mortgages.
Paul's Par. Off. Paul's Parish Officer.
Pay. Mun. Rights. Payne's Municipal Rights.
Peak. Add. Cas.
Peake's Additional Cases.
Peak. C. N. P. Peake's Cases determined at Nisi
Prius, and in the K. B.
Peake, Ev. Peake on the Law of Evidence.
Peck. R.
Peck's Reports.
Peck's Tr. Peck's Trial.
Peckw. E. C. Peckwell's Election Cases.
Penn. Bl. Pennsylvania Blackstone, by John Read, Esq.
Penn. law Jo.
Pennsylvania Law JOurnal.
Penn. R. Pennington's Reports. The Pennsylvania Reports are sometimes =
cited Penn. R.,=20
    but more properly, for the sake of distinction, Penna. R.
Penn. St. R. Pennsylvania State Reports.
Penna. Pr.
Pennsylvania Practice; also cited Tro. & Hal. Pr., Troubat & =
Haly's
Practice.
Penna. R. Pennsylvania Reports.
Pennsylv. Pennsylvania Reports.
Penr. Anal. Penruddocke's Analysis ofthe Criminal Law.
Penult. The
last but one.
Per.& Dav. Perry & Davison's Reports.
Per.& Knapp. Perry &
Knapp's Election Cases.
Perk. Perkins on conveyancing.
Perk. Prof. B.
Perkins' Profitable Book.
Perpip. on Pat. Perpigna on Patents. The full title of this work is, =
"The French Law and=20
     Practice of Patents for Inventions, Improvements, and Importations. =
by A. Perpigna,=20
    A.M.L.B., Barrister in the Royal Court ofParis, Member of the =
Society for the=20
    Encouragement of ARts, &c." The work is well written in the =
English language. The=20
    author is a French lawyer, and has written another work on the same =
subject in French.
Pet. Ab. Petersdorff's Abridgment.
Pet. Adm. Dec. Peters' Admiralty Decisions.
Pet. on Bail, or Petersd. on Bail.
Petersdorff on the Law of Bail.
Pet. R. Peters' Supreme Court Reports.
Pet. C. C. R. Peters' Circuit Court Reports.
Petting. on Jur. Pettingal on Juries.
Phil. Ev. Phillips' Evidence.
Phil. Ins. PHillips on Insurance.
Phil. St. Tr. Phillips' State Trials.
Phill. Civ. and Can. Laws.
Phillimore on the Study of the Civil and Canon Law, considered in =
relation to the state, the=20
      church, and the universities, and in connexion with the college of =
advocates.
Phill. on Dom. Phillimore on the Law of Domicil.
Phillim. or Phillim E. R. Phillimore' Ecclesiastical Reports.
Pick. R. Pickering's Reports.
Pig. Pigot on Recoveries.
Pike's Rep. Reports of Cases argued and determined in the Supreme Court =
of Law and=20
      Equity of the State of Arkansas. By Albert Pike. These Reports are =
cited Ark. Rep.
      Pitm. Prin. and Sur. Pitman on Principal and Surety.
Pl.
Placitum or plea.=20
Pl. or Plow. or Pl. Com. Plowden's Commentaries, or Reports.
Plff. Plaintiff.
Platt on Cov. Platt on Law of Covenants.
Platt on Lea. Platt on Leases.
Pol. Pollexfen's Reports.
Poph. Popham's Reports. The cases at the end of Pophams' Reports are =
cited 2 Poph.
Port. R. Porter's Reports.
Poth. Pothier. The numerous works of Pothier are cited by abbreviating =
his name Poth.=20
      and then adding the name of the treatise; the figures generally =
refer to the number,=20
     as Poth. Ob. n. 100, which signifies Pothier's Treatise on the Law =
of Obligations,=20
     number 100. Poth. du Mar. Pothier du Mariage.
Poth. Vente. Pothier Traite de Vente, & c. His
Pandects, in 24 vols. are cited Poth. Pand. with the book, title, law, =
& c.
Pott's L. D. Pott's Law Dictionary.
Pow. Powell.=20
Pow. Contr. Powell on Contracts.=20
Pow. Dev. Powell on Devises.
Pow. Mortg. Powell on Mortgages.
Pow. Powers. Powell on Powers.
Poyn. on M. and D. Poynter on the Law of Marriage and Divorce.
Pr. Principio. In pr. In principio; in the beginning.
Pr. Ex. Rep. or Price's E. R. Prices' Exchequer Reports.
Pr.
Reg. Cha. Practical Register in Chancery.
Pr. St. Private Statute.
Pr. Stat. Private Statute.
Pract. Reg. C. P. Practical Register of the Common
Pleas.
Pract. Reg. in Ch. Practical Register in Chancery.
Prat. on H.& W.
Prater on the Law of Hushand and Wife.
Pref. Preface.
Prel.
Preliminaire.
Prest. Preston.=20
Prest. on Est. Preston on Estates.=20
Prest. Abs. Tit. Preston's Essay on Abstracts of Title.=20
Prest. on Conv. Preston's Treatise on Conveyancing.
Prest. on Leg. Preston on Legacies.
Pri. Price's\ Reports.
Price's Ex. Rep. Price's Exchequer Reports.
Price's Gen Pr.
Price's General Practice.
Prin. Principium, the beginning of a title or law.
Prin. Dec. Printed Decisions.
Priv. Lond. Customs or Privileges of London.
Pro. L. Province Laws.
Pro quer. Pro querentum, for the plaintiff.
Proct. Pr. Proctor's Practice.
Puff. Puffendorff's law of nature.

Q. Quaestione, in such a Question.
Q. B. Queen's Bench.
Q. B. R.
Queen's Bench Reports, by Adolphus & Ellis. New series.
Q.t. Qui tam.
Qu.
Quere.
Q. Van Weyt. Q. Van Weytsen on Average.
Q. Warr. Quo Warranto;
(q.v.) The letters (q.v.) quod vide, which see, refer to the article =
mentioned immediately=20
    before them.
Qu. Quaestione, in such a
Question.
Quest. Questions.
Quinti Quinto. Year-book, 5 Henry V.
Quon. Attach. Quoniam Attachiamenta. See Dalr. F.L. 47.

R. Resolved, ruled, or repealed.
R. Richard; as, 2 R. 2, c. 1.
Rich. Rep. Richardson's (S.C.)
Reports.
RC. Rescriptum.
R.& M. Russell and Milne's Reports.
R.& M. C. C.
Ryan and Moody's Crown Cases.
R.& M. N. P. Ryan & Moody's Nisi Prius Cases.
R.& R. Russell & Ryans' Criwn Cases.
R. M. Charlt. R. M. Charlton's
Reports.
RS. Responsum.
R. S. L. Reading on Statute Law.
Ram on Judgm. Ram on the LAw relating to Legal Judgments
Rand. Perp. Randall on the Law of Perpetuities.
Rand. R. Randolph's Reports.
Rast. Rastall's Entries.
Rawle's
R. Rawle's Reports.
Rawle, Const. Rawle on the Constitution.
Ray's Med. Jur. Ray's Medical Jurisprudence on Insanityh.
Raym. or, more usually, Ld.
Raym. lrod Raymond's Reports. T. Raym. Sir Thomas Raymond's Reports.
Re. Fa. lo. Recordari facias loquelam. Vide Refalo in the body of the =
work.
Rec. Recopilation.=20
Rec. Recorder; as, City Hall Rec.
Redd. on Mar. Com. Reddie's Historical View of hte Law of Maritime =
Commerce.
Redesd. Pl.
Redesdale's Equity Pleading. This work is also and must usually cited =
Mitf. Pl.
Reeves' H. E. L. Reeves' History of the English Law.=20
Reeves on Ship. Reeves on the Law of Shipping and Navigation.
Reeves onDes. Reeves on Descents.
Reg. Regula, rule.=20
Reg. Register.
Reg. Brev. Registrum
Brevium, or Register of Writs.
Reg. Gen. Regulae Generales.
Reg. Jud.
Registrum Judiciale.
Reg. Mag. Regiam Magestatem.
Reg. Pl. Regula
Placitandi.
Renouard, des Brev. d'Inv. Traite des Brevets d'Invention, de
Perfectionement, et d'Importation, par Augustin Charles Renouard.
Rep. The
Reports of Lord Coke are frequently cited 1 Rep., 2 Rep., &c. and =
sometimes they are=20
      cited Co.
Rep. Repertoire.
Rep. Eq. Gilbert's Reports in Equity.
Rep. Q. A. Reports of Cases during the time of Queen Anne.
Rep. T. Finch. Reports tempore Finch.
Rep. T. Hard. Reports during the time of Lord Hardwicke.
Rep. T. Holt. Reports tempore Holt.
Rep. T. Talb. Reports of Cases decided during the time of Lord Talbot.
Res. Resolution. The cases reported in Coke's Reports, are divided into =
resolutions on the different points of the case, and are cited 1 Res. =
&c.;Ret. Brev. Retorna Brevium.
Rev. St. or REv. Stat. REvised Statutes.
Rey, des Inst. del'Anglet. Des Institutions Judiciaries de l'Angleterre  =
comparees avec=20
    celles de la France. Par Joseph Rey.
Reyn. Inst. Institutions du Droit des Gens, &c. par Gerard de =
Reyneval.
Ric. Richard; as, 12 Ric. 2, c. 15.
Rice's Rep. Reports of Cases in Chancery argued and determined in the =
Court of Appeals=20
      and Court of Error of South Carolina. By William Rice, State =
Reporter.
Rich. Pr. C. P. Richardson's Practice in the Common Pleas.
Rich. Pr. K. B. Richardson's Practice in the King's Bench.
Rich Eq.
R. Richardson's Equity Reports.
Rich. on Wills. Richardson on Wills.
Ridg. Irish. T. R. Ridgeway, Lapp & Schoales' Term Reports in the =
K.B., Dublin.=20
      Sometimes this is cited Ridg. L.& S.
Ridg. P. C. Ridgeway's Cases in Parliament.
Ridg. Rep. Ridgeway's Reports of Cases in K. B. and Chancery.
Ridg. St. Tr. Ridgeway's Reports of State Trials in Ireland.
Ril. Ch. Cas. Riley's chancery Cases.
Rob. Adm. REp. Robinson's Admiralty
Reports.
Rob. Cas. Robertson's Cases in Parliament, from Scotland.
Rob. Dig. Robert's Digest of the English Statutes in force in =
Pennsylvania.
Rob. Entr. Robinson's Entries.
Rob. on Fr. Roberts on Frauds.
Rob. on Fraud. Conv. Roberts on Fraudulent Conveyances.
Rob. on Gavelk. Robinson on Gavelkind.
Rob. Lo. Rep. Robinson's Louisiana Reports.=20
Rob. Just.
Robinson's Justice of the Peace.
Rob. Pr. Robinson's Practice in Suits at Law, in Virginia.
Rob. V. Rep. Robinson's (Virginia) Reports.
Rob. on Wills. Robert's Treatise on the Law of Wills and Codicils.
Roc. Ins. Roccus on Insurance. Vide Ing. Roc.
Rog. Eccl. Law. Rogers' Ecclesiastical law.
Rog. Rec. Roger's City Hall Recorder.
Roll. Rolle's Abridgment.=20
Roll.
R. Rolle's Reports.
Rom. Cr. Law. Romilly's Observations on the Criminal Law of England, as =
it relates to=20
     capital punishment.
Rop. on H.& W. A Treatise on the Law of Property, arising from the =
relation between=20
     Hushand and Wife. By R. S. Donnison Roper.
Rop. Leg. Roper on Legacies.
Rop. on Revoc. Roper on Revocations.
Rosc. Roscoe.=20
Rosc. on Act.
Roscoe on Actions relating to Real Property.
Rosc. Civ. Ev. Roscoe's Digest of the Law of Evidence on the Trial of =
Actions at Nisi=20
    Prius.
Rosc. Cr. Ev. Roscoe on Criminal Evidence.
Rosc. on Bills. Roscoe's Treatise on the Law relating to Bills of =
Exchange, Promissory Notes, Banker's Checks, &c.;Rose's R. Rose's =
Reports of Cases in Bankruptcy.
Ross on V.& P. Ross on the Law of Vendors and Purchasers.
Rot. Parl. Rotulae Parliamentariae.
Rowe's Sci. Jur. Rowe's Scintilla Juris.
Rub. or Rubr.
Rubric, (q.v.)
Ruffh. Ruffhead's Statutes at Large.
Runn. Ej. Runnington on Ejectments.
Runn. Stat. Runnington's Statutes at Large.
Rus.& Myl. Russell & Mylne's Chancery Reports.
Rush. Rushworth's Collections.
Russ. Cr.
Russell on Crimes and Misdemeanors.
Rus.& Myl. Russell & Mylne's Reports of Cases in Chancery.
Russ. on Fact. Russell on the Laws relating to Factors and Brokers.
Russ. R. Russell's Reports of Cases in Chancery.
Russ.& Ry.
Russell & Ryan's Crown Cases.
Rutherf. Inst. Rutherford's Institutes of Natural Law.
Ry. F. Rymer's Foedera.
Ry.& Mo. Ryan & Moody's Nisi Prius
Reports.=20
Ry.& Mo. C. C. Ryan & Moody's Crown Cases.
Ry. MEd. Jur. Ryan on Medical Jurisprudence.

S. , section.
S. B. Upper 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.& M.
Shaw & Maclean's Reports.
S.& M. Ch. R. Smedes & Marshall's Reports of Cases decided by =
the Superior Court of=20
     Chancery of Mississippi.
S.& M. Err. & App. Smedes & Marshall's Reports of Cases in =
the High Court of Errors=20
     and Appeals of Mississippi.
S. P. Same Point.=20
S.& R. Sergeant &
Rawle's Reports.
S.& S. Sausse & Scully's Reports.
S.& S. Simon & Stuart's Chancery Reports.
Sa.& Scul. Sausse & Scully's Reports.
Samdl. St. Pap.
Sandler's State Papers.
Salk. Salkeld's Reports.
Sandf. Rep. Reports of
Cases argued and determined in the Court of Chancery of the State of New =
York, before=20
      the Hon. Lewis H. Sandford, Assistant vice Chancellor of the First =
Circuit.
Sand. U.& T. Sanders on Uses and Trusts.
Sanf. on Ent.
Sanford on Entails.
Sant. de Assoc. Santerna, de Asecurationibus.
Saund.
Saunders' Reports.
Saund. Pl. & ev. Saunders' Treatise on the Law of Pleading and =
Evidence.
Sav. Saville's Reports.
Sav. Dr. Rom. Savigny, Driot Romain.
Sav. Dr. Rom. M. A. Savigny, Driot Romain au Moyen Age.
Sav. Hist.Rom. Law. Savigny's History of the Roman Law during the =
Middle,=20
      Ages.Translated from the German of Carl Von Savigny, by E. =
Cathcart.
Say. Costs.
Sayer's Law of Costs.
Say. Sayer's Reports.=20
SC. Senatus consultum.
Scac. de Cam. Scaddia de Cambiis.
Scam. Rep. Scammon's Reports of Cases argued and determined in the =
Supreme Court of Illinois.
Scan. Mag. Scandalum Magnatum.
Sch.& Lef. Schoales & Lefroy's Reports.
Scheiff. Pr. Scheiffer's Practice.
Schul. Aq. R. Schultes on Aquatic Rights.
Sci. Fa. Scire Facias.
Sci. fa. ad. dis. deb. Scire facias ad disprobandum debitum, (q.v.)
Scil. Scilicet, i.e. scire licet, that is to say.
Sco. N.R. Scott's new Reports.
Scott's R. Scott's Reports.
Scriv. Copyh. Scriven's Copyholds.
Seat. F. Ch. Seaton's Forms in Chancery.
Sec. Section.
Sec. Leg.
Secundum legem; according to law.
Sec. Reg. Secundum regulam; according to rule.
Sedgw. on Dam. Sedgwick on Damages.
Sel. Ca. Chan. Select Cases in Chancery. Vide S. C. C.=20
Seld. mar. Cla. Selden's Mare Clausum.
Self. Tr.
Selfridge's Trial.
Sell. Pr. Sellon's Practice in K. B. and C. P.=20
Selw. N. P. Selwyn's Nisi Prius.=20
Selw. R. Selwyn's Reports. These Reports are
usually cited M.& S. Maule & Selwyn's Reports.
Sem. or Semb. Semble, it seems.
Sen. Senate.
Seq. Sequentia.
Serg. on Att. Sergeant on the Law of Attachment.
Serg. Const. Law. Sergeant on constitutional Law.
Serg. on Land L. Sergeant on the Land Laws of Pennsylvania.
Serg.& Loub. Sergeant & Lowher's edition of the English Common =
Law Reports; more=20
    usually cited Eng. Com. Law Rep.
Serg.& Rawle. or S.R. Reports of Cases adjudged in the
Supreme Court of  Pennsylvania. By Thomas Sergeant and William =
Rawle,Jun.
Sess. Ca. Sessions Cases in K. B., chiefly touching Settlements.
Set. on Dec. Seton on Decrees.
Shaw & Macl. Shaw & Maclean's Reports.
Shelf. Lun. Shelford on Lunacy.=20
Shelf. on Mort. Shelford on the Law of Mortmain.
Shelf. on Railw. Shelford on Railways.
Shelf. on R. Pr. Shelford on Real Property.
Shep. To. Sheppard's Touchstone.
Shepl. R. Shepley's Reports.
Sher. Sheriff.
Show. P. C. Shower's Parliamentary Cases.
Show. R.
Shower's Reports in the Court of King's Bench.
Shub. Jur. Lit. Shuback de Jure Littoris.
Sid. Siderfin's Reports.
Sim. Simon's Chancery Reports. In Con. C.R.
Sim.& Stu. Simon & Stuart's Chancery Reports.
Skene, Ver. Sign.
Skene de VerborumSignificatione; an explanation of terms, difficult =
words, &c.;Skin. Skinner's Reports.
Skirr. Und.Sher. Skirrow's Complete Practical Under Sheriff.
Slade's Rep. Slade's Reports. More usually cited Vermont Reports.
Smed & Marsh. Ch. R. Smedes & Marshall's Reports of Cases =
decided by the High Court=20
     of Errors and Appeals of Mississippi.
Smith & Batty. Smith & Batty's Reports.
Smith's Ch. RPr. Smith's Chancery Practice.
Shith's For. Med. Smith's Forensic Medicine.=20
Smith's Hints. Smith's Hints for the Examination of Medical Witnesses.
Smith on M. L. Smith on Mercantile Law.
Sm. on Pat. Smith on the Law of Patents.
Smith's R. Smith's Reports in K. B., together with Cases in the Court of =
Chancery.
Sol.
Solutio, the answer to an objection.
South. Car. R. South Carolina Reports.
South. R. Southard's Reports.
Sp. of Laws. Spirit of Laws, by Montesquieu.
Spelm. Feuds. Spelman on Feuds.
Spel. Gl. Spelman's Glossary.
Spence on Eq. Jur. of Ch. Spence on the Equitable Jurisdiction of =
Chancery.
Spenc. R. Spencer's Reports.
Speers' Eq. Cas. Equity Cases argued and determined in the Court of =
Appeals of South Carolina. By R. H.
Speers.
Speers' Rep. Speers' Reports.
Ss. usually put in small letters, ss.
Scilicet, that is to say.
St. or Stat. Statute.
St. Armand. Hist. Ess. St.
Armand's Historical Essay on the Legislative Power of England.
Stant. R.
Stanton's Reports.
Stath. Ab. Statham's Abridgment.
St. Cas.
Stillingfleet's Cases.
St. Tr. State Trials.
Stair's Inst. Stair's Inst.
Stair's Institutions of the Law of Scotland.
Stallm. on Elec. & Sat.
Stallman on Election and Satisfaction.
Stark. Starkie's Ev. Starkie on the Law of Evidence.
Stark. Cr. Pl. Starkie's Criminal Pleadings.
Stark. R.
Starkie's Reports.
Stark. on Sl. Starkie on Slander and Libel.
Stat.
Statutes.
Stat. Wes. Statute of Westminster.
Staunf or Staunf. P. C.
Staunford's Pleas of the Crown.
Stearn. on R. A. Stearne on Real Actions.
Steph. Comm. Stephen's New Commentaries on the Law of England.
Steph. Cr. Law. Stephen on Criminal Law.=20
Steph. Pl. Stephen on Pleading.
Steph. Proc. Stephen on Procurations.
Steph. on Slav. Stephens on
Slavery.
Stev. on Av. Stevens on Average.
Stev.& B. on Av. Stevens & Beneke on Average.
Stew. Adm. Rep. Stewart's Reports of Cases argued and determined in the =
Court of Vice=20
      Admiralty at Halifax.
Stew. R. Stewart's Reports.
Stew.& Port's. Stewart & Porter's Reports.
Story on Bail. Story's Commentaries on the Law of Bailments.
Story on Const. Story on the Constitution of the United States.
Story on Eq. Story's Commentaries on Equity Jurisprudence.
Story's L. U. S. Story's edition of the Laws of the United States, in 3 =
vols. The 4th and=20
     5th volumes are a continuation of the same work by George =
Sharswood, Esq.
Story on Partn. Story on Partnership.
Story on Pl. Story on Pleading.
Story, R. Story's Reports.
Str. Strange's Reports.
Stracc. de Mer. Straccha de Mercatura, Navibus Assecurationibus.
Strah. Dom. Straham's Translation of Domat's Civil Law.
Strob. R. Strobhart's Reports.
Stroud's Dig. Stroud's Digest of the Laws of Pennsylvania.
Stuart's (L.C.) R. Reports of Caes in the Court of King's bench in the =
Provincial Court of=20
     Appeals of Lower Canada, and Appeals before the Lords of the Privy =
Council. By=20
     George O'Kill Stuart, Esq.
Sty. Style's Reports.
Sugd. Lett. Sugden's Letters.
Sugd., Sugd. Pow.
Sugden on Powers.=20
Sugd. Vend. Sugden on Vendors.=20
Sull. Lect. Sullivan's Lectures on the Feudal Law, and the Constitution =
and Laws of=20
     England.
Sull. on Land Tit. Sullivan's History of Land Titles in Massachusetts.
Sum. Summa, the Summary of a law.
Sumn. R. Sumner's Circuit Court Reports.
Supers. Supersedeas.
Supp. Supplement.=20
Supp. to Ves. Jr.
Supplement to Vesey Junior's Reports.
Swan on Eccl. Cts. Swan on the Jurisdiction of Eccleciastical Courts.
Swanst. Swanston's Reports.
Sweet on Wills. Sweet's Popular Treatise on Wills.
Swift's Dig. Swift's Digest of
the Laws of Connecticut.
Swift's Ev. Swift's Evidence.
Swift's Sys. Swift's
System of the Laws of Connecticut.=20
Swinb. Swinburn on the Law of Wills andTestaments. This work is =
generally  cited by=20
     refernce to the part, book, chapter, &c.;Swinb. on Desc. =
Swinburne on the Law of Descents.
Swinb.\on Mar. Swinburne on Marriage.
Swinb. on Spo. Swinburne on Spousals.
Sw.
Swinburne on Wills.
Syst. Plead. System of Pleading.

T. Title.
T.& G.
Tyrwhitt & Granger's Reports.
T.& P. Turner & PHillips' Reports.
T. Jo. Sir
Thomas Jones' Reports.
T. L. Termes de la Ley, or Terms of the Law.
T. R.
Term Reports. Ridgeway's Reports are sometimes cited Irish Tr.
T. R. TesteRege.
T.& R. Turner & Russell's Chancery Reports.
T.& R. Turner & Russell'sReports.
T. R. E. or T. E. R. Tempore Regis Edwardi. This abbreviation is
      frequently used in Domesday Book, and in the more ancient Law =
writers. See=20
     Tyrrel's Hist. Eng., introd. viii. p. 49. See also Co. Inst. 86, =
a,where in a quotation=20
     from Domesday Book, this abbreviation is interpreted Terra Regis =
Edwardi; but in=20
     Cowell's Dict. verb. Reveland, it is said to be wrong.
T. Raym. Sir Thomas Taymond's Reports.
T. U. P. Chalt. T. U. P. Charlton's Reports.
Tait on Ev. Tait on Evidence.
Taml. on Ev. Tamlyn on Evidence, principally with reference to the =
Practice of the Court=20
     of Chancery, and in the Master's office.
Taml. R. Tamlyn's Reports of Cases decided in Chancery.
Taml. T. Y. Tamlyn on Terms for Years.
Tapia. Jur. Mer. Tratade de Jurisprudentia Mercantil.
Taunt. Taunto's Reports.
Tayl. on Ev. Taylor on Evidence.
Tayl Cir. L. Taylor's Civil Law.
Tayl. Law glo. Taylor's Law Glossary.
Tayl. L.& T. Taylor's Treatise on the American Law of Landlord and =
Tenant.
Tech. Dict. Crabb's Technological Dictionary.
Thach. Crim. Cas. Thacher's Criminal Cases.
Th. Br. Thesaurus brevium.=20
Th. Dig. Theloall's Digest.
Theo. of Pres. Pro. Theory of Presumptive Proof.
Theo. Pres. Pro. Theory of Presumptive Proof, or an Inquiry into the =
Nature of=20
     Circumstantial Evidence.
Tho. co. Litt. Coke upon Littleton' newly arranged on the plan of Sir =
Matthew Hale's Analysis. By J. H. Thomas, Esq.
Thomp. on Bills. Thompson on Bills.
Tho. U.J. Thomas on Universal Jurisprudence.=20
Tidd's Pr. Tidd's Practice.
tit.
Title.
Toll. Ex. Toller's Executors.
Toml. L. D. Tomlin's Law dictionary.
Toth. Tothill's reports.
Touchs. Sheppard's Touchstone.
Toull.Le Droit civil Francais suivant Pordre du Code; ouvrage dans =
lequel on a tache de=20
     reunir la eorie a la practique. Par M. C. B. M. Toullier. This work =
is sometimes cited=20
     Toull. Dr. Civ. Fr. liv. 3, t. 2, c. 1, n. 6; at other times, 3 =
Toull. n. 86, which latter=20
     signifies vol. 3 of Toullier's work, No. 86.
Tr. Eq. Treatise of Equity; the same as Fonblanque on Equity.
Traill, Med. Jur. Outlines of a Course of Lectures on Medical =
Jurisprudence. By Thomas=20
      Stewart Traill, M.D.
Treb. Jur. de la Med.Jurisprudence de la Medecine, de la Chirurgie, et =
de la Pharmacie. Par=20
      Adolphe Trebuchet.
Trem. Termaine's Pleas of the Crown.
Tri. of 7 Bish.
Trial of the Seven Bishops.
Tri. per Pais. Trials per Pais.
Trin. Trinity
Term.
Tuck. Bl. Com. Blackstone's Commentaries, edited by Judge
Tucker.
Turn. R. Turner's Reports of Cases determined in Chancery.
Turn.& Russ. Turner & Russell's Chancery Reports.
Tuck. Com. Tucker'sCommentaries.
Turn.& Phil Turner & PHillips' Reports.
Tyl. R. Tyler's Reports.
Tyrw. Tyrwhitt's Exchequer Reports.
Tyrw.& Gra. Tyrwhitt & Granger's Reports. Tyt. Mil. Law. =
Tytler's Essay on Military=20
     Law and the Practice of Military Courts Martial.

U.S. United States of America.
U.S. Dig. United States Digest. See Metc.& Perk. Dig.
Ult. Ultimo, ultima, last, usually applied to last title, paragraph or =
law.
Umfrev. Off of Cor.
Umfreville's Office of Coroner.
Under Sher. Under Sheriff, containing the office and duty of High =
Sheriff, Under Sheriffs=20
     and Bailiffs.
Ux. et. Et uxor, et uxorem, and wife.

V. Versus, against; as AB. v. CD.
V. Versiculo, in such a verse.
V. Vide, see.
V. or v. Voce; as Spelm Gloss. v. Cancelarious.
V.& B. Vesey & Beames' Reports.
V. C. Vice Chancellor.
Vac.
Voce, or Vocem.
V.& S. Vernon & Scriven's Reports.
Val. Com. Valin's Commentaries.
Van. Heyth. Mar. Ev. Van Heythuysen's Essay upon marine Evidence, in =
Courts of Law=20
      and Equity.
Vand. Jud. Pr. Vanderlinden's Judicial Practice.
Vat. or Vattel. Battle's Law of Nations.
Vang. vaugnan's Reports.
Vend. Ex. Venditioni Exponas.
Ventr. Ventris' Reports.
Verm. R.
Vermont Judges' Reports.
Vern. Vernon's Reports.
Vern.& Scriv. Vernon & Scriven's Reports of Cases in the King's =
Courts, Dublin.
Verpl. Contr.
Verplanck on Contracts.
Verpl. Ev. Verplanck on Evidence.
Ves. Vesey Senior's Reports.
Ves. Jr. Vesey Junior's Reports.
Ves.& Bea. Vesey & Beames' Reports.
Vet. N. B. Old Natura Brevium.=20
Vid. Vidian's Entries.
Vin. Ab. Viner's Abridgment.
Vin. Supp. Supplement ot Viner'sAbridgment.
Vinn. Vinnius.=20
Viz. Videlicet, that is to say.
Vs. Versus.

W.
1, W. 2. Statutes of Westminster, 1 and2.
W. C. C. R. Washington's Circuit Court Reports.
W.& C. Wilson & Courtenay's Reports.
W. Jo. Sir William Jones' Reports.
W. Kel. William Kelynge's Reports.
W.& M. William and Mary.
W.& M. Rep. Woodbury & Minot's Reports.
W.& S. Wilson & Shaw's Reports of Cases decided in the House of =
Lords.
Wigr. on Disc. Wigram on Discovery.
Walf. on Part. Walford's Treatise on the Law respecting Parties to =
Actions.
Walk. Ch. Ca. Walker's Chancery Cases.
Walk. Am. R. or Walk. Introd. Walker's Introduction to American Law.
Walk. R. Walker's Reports.
Wall. R. Wallace's Circuit Court Reports.
Ward, on Leg. Ward on Legacies.
Ware's R. Reports of Cases argued and determined in the District Court =
of the United=20
      States, for the District of Maine.
Warr. L. S.
Warren's Law Studies.
Wash. C. C. Washington's Circuit Court Reports.
Washb. R. Washburn's Vermont Reports.
Wat. Cop. Watkin's Copyhold.
Watk. Conv. Watking's Principles of conveyancing.
Wats. Cler. Law. Watson's Clergyman's Law.
Wats. on Arb. Watson on the Law of Arbitrations and Awards.
Wats. on Partn. Watson on the Law of Partnership.
Wats. on Sher. Watson on the Law relating to the office and duty of =
Sheriff.
Watt's R. Watt's Reports.
Watts & Serg. Watts & Sergeant's Reports.
Welf. on Eq. Plead. Welford on Equity Pleading.
Wellw. Ab.
Wellwood's Abridgment of Sea Laws.
Wend. R. Wendell's Reports.=20
Wentw.
Wentworth.
Wentw. Off. Ex. Wentworth's Office of Executor.=20
Wentw. Pl.
Wentworth's System of Pleading.
Wesk. Ins. Weskett on the Law of Insurance.
West's Parl. Rep. West's parliamentary Reports.
West's Rep.
West's Reports of Lord Chancellor Hardwicke.
West's Symb. West's Symboliography, or a description of instruments and =
precedents, 2 \
      parts.
Westm. Westminister;=20
Westm. I. Westminister primer.
Weyt. on Av.
Quintin Van Weytsen on Average.
Whart. Cr. Law. Wharton on the Criminal Law of the United States.
Whart. Dig. Wharton's Digest.
Whart. Law Lex.
Wharton's Law Lexicon, or Dictionary of Jurisprudence.
Whart. R. Wharton's Reports.
Wheat. Wheaton.
Wheat. R. Wheatons' Reports.
Wheat. on Capt.
Wheaton's Digest of the Law of Maritime Captures and Prizes.
Wheat. Hist. of L. of N. Wheaton's History of the Law of Nations in =
Europe and America.
Wheel. Ab. Wheeler's Abridgments.
Wheel Cr. Cas. Wheeler's Criminal Cases.
Wheel on Slav. Wheeler on Slavery.
Whish. L. D. Whishaw's Law Dictionary.
Whit. on Liens. Whitaker on the Law of Liens.
Whit. on
Trans. Whitaker on Stoppage in Transitu.
White's New Coll. A New Collections of the Laws, Charters, and Local =
Ordinances of the=20
       Governments of Great Britain, France, Spain, &c.;Whitm. B. L. =
Whitmarsh's Bankrupt Law.
Wicq. L'Ambassadeur et ses fonctions, par de
Wicquefort.
Wightw. Wightwich's Reports in the Exchequer.
Wilc. on Mun. Cor. Wilcock on Municipal Corporations.
Wilc. R. Wilcox's Reports.
Wilk Leg. Ang. Sax. Wilkin's leges Anglo-Saxionicae.
Wilk. on Lim. Wilkinson on Limitations.
Wilk on Publ. Funds. Wilkinson on the Law relating to the Public Funds, =
including the=20
      Practice of Distringas, &c.;Wilk. on Repl.
Wilkinson on the Law of Replevin.
Will. Auct. Williams on the Law of Auctions.
Will. on Eq. Pl. Willis' Treatise on Equity Pleadings.
Will. on Inter. Willis on Interrogatories.
Will. L. D. Williams' Law Dictionary.
Will. Per. Pr. Williams' Principles of the Law of Personal Property.
Will. (P.) Rep. Peere Williams' Reports.
Willc. Off. of Const.
Willcock on the Office of Constable.
Willes' R. Willes' Reports.
Wills on Cir. Ev. Wills on Circumstantial Evidence.
Wils. on uses. Wilson on Springing Uses.
Wilm on Mortg. Wilmot on Mortgages.
Wilm. Judg. Wilmot's Notes of Opinions and Judgments.
Wils. on Arb. Wilson on Arbitration.
Wils. Ch. R. Wilson's Chancery Reports.
Wils.& Co. Wilson & courtenay's Reports.
Wils. Ex. R. Wilson's Exchequer Reports.
Wils.& Sh. Wilson & Shaw's Reports decided by the House of =
Lords.
Wils. R. Wilson's Reports.
Win. Winch's Entries.=20
Win. R. Winch's Reports.
Wing. Max. Wingate's Maxims.
Wins. JUst. Williams' Justice.
Wms. R., more usually, P. Wms. Peere
Williams' Reports.
Wolff. Inst. Wolffius Institutiones Juris Naturae.
Wood's Inst., or Wood's Inst. Com.. L. Wood's Institutes of the Common =
Law of   =20
       England.=20
Wood's Inst. Civ. Law. Wood's Institutes of the Civil Law.
Wood & Min. Rep. Woodbury and Minot's Reports.
Woodes.
Wooddesson.
Woodes. El Jur. Woodesson's Elements of Jurisprudence.
Woodes.
Lect. Wooddesson's Vinerian Lectures.
Woodf. L. and T. Woodfall on the Law of Landlord and Tenant.
Woodm. R. Woodman's Reports of Criminal Cases tried in the Municipal =
Court of the City of Boston.
Wool. Com. L. Woolrych's commercial Law.
Wool. L. W. Woolrych's law of Waters.
Woolr. on Com. Law.
Woolrych's Treatise on the Commercial and Mercantile Law of England.
Wool. on Ways. Woolrych on Ways.
Worth. on Jur. Worthington's
Inquiry into the Power of Juries to decide=20
 incidentally on Questions of
Law.
Worth. Pre. Wills. Worthington's GeneralPrecedents for Wills, with =
practical notes.
Wright's R. Wright's Reports.
Wright, Fr. Soc. Wright on Friendly Societies.
Wright, Ten. Sir Martin Wright's Law of Tenures.
Wy. Pr. Reg. Wyatt's Practical Register.

X. The decretals of Gregory the ninth are denoted by the letter X, thus, =
X.
Y. B. Year Books, (q.v.)
Y.& C.
Younge & Collyer's Exchequer Reports.
Y.& C. N. C. Younge & Collyer's New Cases.
Y.& J. Younge & Jervis' Exchequer Reports.
Yeates, R. Yeates' Reports.
Yearb. Year Book.
Yelv. Yelverton's Reports.
Yerg. R. Yerger's Reports.
Yo.& Col. Younge & Collyer's Exchequer Reports.
Yo.& Col. N. C.
Younge and Collyer's New Cases.
Yo. Rep. Younge's Reports.
Yo.& Jer. Younge & Jervis' Reports.
Zouch's Adm. Zouch's Jurisdiction of the Admiralty of England, asserted.

ABBREVIATORS, eccl. law. Officers whose duty it is to assist = in=20 drawing up the Pope's briefs, and reducing petitions into proper form, = to be=20 converted into Papal Bulls. Vide Bulls.

ABBROCHMENT, obsolete. The forestalling of a market or = fair.

ABDICATION, government. 1. A simple renunciation of an office, = generally understood of a supreme office. James II. of England; Charles = V. of=20 Germany; and Christiana, Queen of Sweden, are said to have abdicated. = When James=20 III of England left the kingdom, the Commons voted that he had abdicated = the=20 government, and that thereby the throne had become vacant. The House of = Lords=20 preferred the word deserted, but the Commons thought it not = comprehensive=20 enough, for then, the king might have the liberty of returning. 2. When = inferior=20 magistrates decline or surrender their offices, they are said to make a=20 resignation. (q.v.)

ABDUCTION, crim. law. The carrying away of any person by force = or=20 fraud. This is a misdemeanor punishable by indictment. 1 East, P.C. 458; = 1=20 Russell, 569. The civil remedies are recaption, (q.v.) 3 Inst. 134; Hal. = Anal.=20 46; 3 Bl. Com 4; by writ of habeas corpus; and an action of trespass, = Fitz. N.=20 B. 89; 3 Bl. Com 139, n. 27; Roscoe, Cr. Ev. 193.

ABEARANCE. Behaviour; as, a recognizance to be of good = abearance,=20 signifies to be of good behaviour. 4 Bl. Com.,251, 256.

ABEREMURDER, obsolete. An apparent, plain, or downright = murder. It was=20 used to distinguish a wilful murder, from a chance-medley, or = manslaughter.=20 Spelman; Cowell; Blount.

TO ABET, crim. law. To encourage or set another on to commit a = crime.=20 This word is always taken in a bad sense. To abet another to commit a = murder, is=20 to command, procure, or counsel him to commit it. Old Nat. Brev 21; Col = Litt.=20 475.

ABETTOR, crim. law. One who encourages or incites, persuades = or sets=20 another on to commit a crime . Such a person is either a principal or, = an=20 accessory to the crime. When present, aiding, where a felony is = committed, he is=20 guilty as principal in the second degree ; when absent, "he is merelyan=20 accessory. 1. Russell, 21; 1 Leach 66; Foster 428.

ABEYANCE, estates, from the French aboyer, which in figurative = sense=20 means to expect, to look for, to desire. When there is no person in esse = in whom=20 the freehold is vested, it is said to be in abeyance, that is, in = expectation,=20 remembrance and contemplation.

=96 2. The law requires, however, that the freehold should never, if = possible,=20 be in abeyance. Where there is a tenant of the freehold, the remainder = or=20 reversion in fee may exist for a time without any particular owner, in = which=20 case it is said to be in abeyance. 9 Serg. & R.. 367; 8 Plowd. 29 a. = b 35=20 a.

=96 3. Thus, if sn estate be limited to A for life, remainder to the = right=20 heirs of B, the fee simple is in abeyance during the life of B, because = it is a=20 maxim of law, that nemo est hoeres viventis. 2 Bl. Com. 107; 1 Cruise, = 67-70; 1=20 Inst. 842, Merlin, Repertoire, mot Abeyance; 1 Com. Dig. 176; 1 Vin. = Abr.=20 101.

=96 4. Another example may be given in the case of a corporation. = When a=20 charter is given, and the charter grants franchises or property to a = corporation=20 which is to be brought into existence by some future acts of the = corporators,=20 such franchises or property are in abeyance until such acts shall be = done, and=20 when the corporation is thereby brought into life, the franchises=20 instantaneously attach. 4 Wheat. 691. See, generally, 2 Mass. 500; 7 = Mass. 445;=20 10 Mass. 93; 15 Mass. 464; 9 Cranch, 47. 293; 5 Mass. 555.

ABIDING BY PLEA. English law. A defendant who pleads a = frivolous plea,=20 or a plea merely for the purpose of delaying the suit; or who for the = same=20 purpose, shall file a similar demurrer, may be compelled by rule in term = time,=20 or by a Judge's order in vacation, either to abide by that plea, or by = that=20 demurrer, or to plead peremptorily on the morrow; or if near the end of = the=20 term, and in order to afford time for notice of trial, the motion may be = made in=20 court for rule to abide or plead instanter; that is, within twenty-four = hours=20 after rule served, Imp. B.R. 340, provided that the regular time for = pleading be=20 expired. If the defendant when ruled, do not abide, he can only plead = the=20 general issue; 1 T.R. 693; but he may add notice of set-off. Ib. 694, n. = See 1=20 Chit. Rep. 565, n.

ABIGEAT, civ. law, A particular kind of larceny, which is = committed=20 not by taking and carrying away the property from one place to another, = but by=20 driving a living thing away with an intention of feloniously = appropriating the=20 same. Vide Taking.

ABIGEI, civil law. Stealers of cattle, who were punished with = more=20 severity than other thieves. Dig. 47, 14; 4 Bl. Com. 239.

ABJURATION =96 A renunciation of allegiance to a country by = oath.

2. =96 1. The act of Congress of the 14th of April, 1802, 2 Story's = Laws, U.S.=20 850, requires that when an alien shall apply to be admitted a citizen of = the=20 United States, he shall declare on oath or affirmation before the court = where=20 the application shall be made, inter alia, that he doth absolutely and = entirely=20 renounce and abjure all allegiance and fidelity which he owes to any = foreign=20 prince, &c., and particularly, by name, the prince, &c., whereof = he was=20 before a citizen or subject. Rawle on the Const. 98.

3. =96 2. In England t he oath of abjuration is an oath by which an = Englishman=20 binds himself not to acknowledge any right in the Pretender to the = throne of=20 England.

4. =96 3 it signifies also, according to 25 Car. H., an oath abjuring = to=20 certain doctrines of the church of Rome.

5. =96 4. In the ancient English law it was a renunciation of one's = country and=20 taking an oath of perpetual banishment. A man who had committed a = felony, and=20 for safety flee to a sanctuary might within forty days' confess the = fact, and=20 take the oath of abjuration and perpetual banishment; he was then = transported.=20 This was abolished by Stat. 1 Jac. 1, c. 25. Ayl. Parerg. 14.

ABLEGATI, diplomacy. Papal ambassadors of the second rank, who = are=20 sent with a less extensive commission to a court where there are no = nuncios.=20 This title is equivalent to envoy (q. v.).

ABNEPOS, civil law. The grandson of a grandson or = grand-daughter, or=20 fourth descendant. Abneptis, is the grand-daughter of a grandson or=20 grand-daughter. These terms are used in making genealogical tables.

ABOLITION. An act by which a thing is extinguished, abrogated = or=20 annihilated. Merl. Repert, h. t., as, the abolition of slavery is the=20 destruction of slavery.

2 . In the civil and French law abolition is used nearly synonymously = with=20 pardon, remission, grace. Dig. 39, 4, 3, 3. There is, however, this = difference;=20 grace is the generic term; pardon, according to those laws, is the = clemency=20 which the prince extends to a man who has participated in a crime, = without being=20 a principal or accomplice; remission is made in cases of involuntary = homicides,=20 and self-defence. Abolition is different: it is used when the crime = cannot be=20 remitted. The prince then may by letters of abolition remit the = punishment, but=20 the infamy remains, unless letters of abolition have been obtained = before=20 sentence. Encycl. de d'Alembert, h. t.

3. The term abolition is used in the German law in the same sense as = in the=20 French law. Encycl. Amer. h. t. The term abolition is derived from the = civil=20 law, in which it is sometimes used synonymously with absolution. Dig. = 39, 4, 3,=20 3.

ABORTION, med jur. and criminal law. The expulsion of the = foetus=20 before the seventh mouth of utero-gestation, or before it is viable. q. = v.

2. The causes of this accident are referable either to the mother, or = to the=20 foetus and its dependencies. The causes in the mother may be: extreme = nervous=20 susceptibility, great debility, plethora, faulty conformation, and the = like; and=20 it is frequently induced immediately by intense mental emotion. The = causes=20 seated in the foetus are its death, rupture of the membranes, = &c.

3. It most frequently occurs between the 8th and 12th weeks of = gestation.=20 When abortion is produced with a malicious design, it becomes a = misdemeanor, at=20 common law, 1 Russell, 553; and the party causing it may be indicted and = punished.

4. The crimjnal means resorted to for the purpose of destroying the = foetus,=20 may be divided into general and local. To the first belong venesection, = emetics,=20 cathartics diuretics, emmenagogues &c. The second embraces all kinds = of=20 violence directly applied.

5. When, in consequence of the means used to produce abortion, the = death of=20 the woman ensues, the crime is murder.

6. By statute a distinction is made between a woman quick with child, = (q. v.)=20 and one who, though pregnant, is not so, 1 Bl. Com. 129. Physiologists, = perhaps=20 with reason, think that the child is a living being from the moment of=20 conception. 1 Beck. Med. Jur. 291. General References. 1 Beck, 288 to = 331; and=20 429 to 435; where will be found an abstract of the laws of different = countries,=20 and some of the states punishing criminal abortion; Roscoe, Cr. Ev. 190; = 1 Russ.=20 553; vilanova y Manes, Materia Criminal Forense, Obs. 11, c. 7 n. 15-18. = See=20 also 1 Briand, Med. Leg. 1 ere partie, c. 4, where the question is = considered,=20 how far abortion is justifiable, and is neither a crime nor a = misdemeanor. See=20 Alis. Cr. L. of Scot. 628.

ABORTUS. The fruit of an abortion; the child born before its = time,=20 incapable of life. See Abortion; Birth; Breath; Dead bord; Gestation; = Life.=20 ABOVE. Literally higher in place: But in law this word is sometimes used = to=20 designate the superior court, or one which may revise proceedings of an = inferior=20 court error, from such inferior jurisdiction. The court of error is = called the=20 court above; the court whose proceedings are to be examined is called = the court=20 below.

2. By bail above, is understood bail to the action entered with the=20 prothonotary or clerk, which is an appearance. See Bail above. The bail = given to=20 the Sheriff, in civil cases, when the defendant is arrested on bailable = process,=20 is called bail below; (q.v.) vide Below.

TO ABRIDGE, practice. To make shorter in words, so as to = retain the=20 sense or substance. In law it signifies particularly the making of a = declaration=20 or count shorter, by taking or severing away some of the substance from = it.=20 Brook, tit. Abridgment ment; Com. Dig. Abridgment; 1 Vin. Ab. 109.

2. Abridgment of the Plaint is allowed even after verdict and before = judgment=20 (Booth on R. A.) in an cases of real actions where the writ is de lib. = ten.=20 generally, as in assize, dower; &c.; because, after the abridgment = the writ=20 is still true, it being liberum tenementum still. But it is not allowed = in a=20 proecipe quod reddat, demanding a certain number of acres; for this = would=20 falsify the writ. See 2 Saund. 44, (n.) 4 ; Bro. Abr. Tit. Abr.; 12 = Levin's Ent.=20 76; 2 Saund. 330; Gilb. C. P. 249-253; Thel. Dig. 76, c. 28, pl. 15, = lib. 8.

AN ABRIDGMENT. An epitome or compendium of another and larger = work,=20 wherein the principal ideas of the larger work are summarily contained. = When=20 fairly made, it may justly be deemed, within the meaning of the law, a = new work,=20 the publication of which will not infringe the copyright of the work = abridged.=20 An injunction, however, will be granted against a mere colorable = abridgment. 2=20 Atk. 143; 1 Bro. C. C. 451; 5 Ves. 709; Lofft's R. 775; Ambl. 403; 5 = Ves. 709.;=20 1 Story, R. 11. See Quotation.

2. Abridgments of the Law or Digests of Adjudged Cases, serve the = very useful=20 purpose of an index to the cases abridged, 5 Co. Rep. 25. Lord Coke says = they=20 are most profitable to those who make them. Co. Lit. in preface to the = table =96=20 at the end of the work. With few exceptions, they are not entitled to be = considered authoritative. 2 Wils. R. 1, 2; 1 Burr. Rep. 364; 1 Bl. Rep. = 101; 3=20 T. R. 64, 241. See North American Review, July, 1826, pp. 8, 13, for an = account=20 of the principal abridgments.

ABROGATION, in the civil law, legislation. The destruction or=20 annulling of a former law, by an act of the legislative power, or by = usage. A=20 law may be abrogated or only derogated from; it is abrogated when it is = totally=20 annulled; it is derogated from when only a part is abrogated: derogatur = legi,=20 cum pars detrahitur; abrogatur legi, cum prorsus tollitur. Dig lib.. 50, = t. 17,=20 1, 102. Lex rogatur dum fertur; abrogatur dum tollitur; derogatur eidem = dum=20 quoddam ejus caput aboletuer; subrogatur dum aliquid ei adjicitur; = abrogatur=20 denique, quoties aliquid in ea mutatur. Dupin, Proleg. Juris, Art. = iv.

2. Abrogation is express or implied; it is express when it, is = literally=20 pronounced by the new law, either in general terms, as when a final = clause=20 abrogates or repeals all laws contrary to the provisions of the new one, = or in=20 particular terms, as when it abrogates certain preceding laws which are=20 named.

3. Abrogation is implied when the new law contains provisions which = are=20 positively, contrary to the former laws, without expressly abrogating = such laws:=20 for it is a posteriora derogant prioribus. 3 N. S. 190; 10 M. R. 172. = 560. It is=20 also implied when the order of things for which the law had been made no = longer=20 exists, and hence the motives which had caused its enactment have ceased = to=20 operate; ratione legis omnino cessante cessat lex. Toullier, Droit Civil = Francais, tit. prel. 11, n. 151. Merlin, mot Abrogation.

ABSCOND. To go in a clandestine manner out of the jurisdiction = of the=20 courts, or to lie concealed in order to avoid their process.

ABSENTEE. One who is away from his domicil, or usual place of=20 residence.

2. After an absence of seven years without being heard from, the = presumption=20 of death arises. 2 Campb. R. 113; Hardin's R. 479; 18 Johns. R. 141 15 = Mass. R.=20 805; Peake's Ev. c. 14, s. 1; 2 Stark. Ev. 457 8; 4 Barn. & A. 422; = 1 Stark.=20 C. 121 Park on Ins. 433; 1 Bl. R. 404; Burr v. Simm, 4 Wh. 150; Bradley = v.=20 Bradley, 4 Wh. 173.

3. In Louisiana, when a person possessed of either movable or = immovable=20 property within the state, leaves it, without having appointed somebody = to take=20 care of his estate; or when the person thus appointed dies, or is either = unable=20 or unwilling to continue to administer that estate, then and in that = case, the=20 judge of the place where the estate is situated, shall appoint a curator = to=20 administer the same. Civ. Code of Lo. art. 50.. In the appointment of = this=20 curator the judge shall prefer the wife of the absentee to his = presumptive=20 heirs, the presumptive heirs to other relations; the relations to = strangers, and=20 creditors to those who are not otherwise interested, provided, however, = that=20 such persons be possessed of the necessary qualifications. Ib. art. 51. = For the=20 French law on this subject, vide Biret, de l'Absende; Code Civil, liv. l = tit..=20 4. Fouss. lib. 13 tit. 4, n. 379-487; Merl. Rep. h. t.; and see also = Ayl. Pand.=20 269; Dig. 50, 16, 198; Ib. 50, 16, 173; Ib. 3, 3,,6; Code, 7 32 12.

ABSOLUTE. Without any condition or encumbrance, as an = "absolute bond,"=20 simplex obligatio, in distinction from a conditional bond; an absolute = estate,=20 one that is free from all manner of condition or incumbrance. A rule is = said to=20 be absolute, when, on the hearing, it is confirmed. As to the effect of = an=20 absolute conveyance, see 1 Pow. Mortg. 125; in relation to absolute = rights, 1=20 Chitty, PI. 364; 1 Chitty, Pr. 32.

ABSOLUTION. A definite sentence whereby a man accused of any = crime is=20 acquitted.

ABSQUE HOC, pleading. When the pleadings were in Latin these = words=20 were employed in a traverse. Without this, that, (q. v.) are now used = for the=20 same purpose.

ABSQUE IMPETITIONE VASTI. Without impeachment of waste. (q. = v.)=20 Without any right to prevent waste.

ABSQUE TALI CAUSA. This phrase is used in a traverse de = injuria, by=20 which the plaintiff affirms that without the cause in his plea alleged = he did=20 commit the said trespasses, &c. Gould on PI. c. 7, part 2, 9.

ABSTENTION, French law. This is the tacit renunciation by an = heir of a=20 succession Merl. Rep. h.t.

ABSTRACT OF TITLE. A brief account of all the deeds upon which = the=20 title to an estate rests. See Brief of Title.

ABUSE. Every thing which is contrary to good order established = by=20 usage. Merl. Rep. h. t. Among the civilians, abuse has another = signification;=20 which is the destruction of the substance of a thing in using it. For = example,=20 the borrower of wine or grain, abuses the article lent by using it, = because he=20 cannot enjoy it without consuming it. Leg ; El. Dr. Rom. 414. 416.

ABUTTALS. The buttings and boundings of land, showing on what = other=20 lands, rivers, highways, or other places it does abut. More properly, it = is=20 said, the sides of land, are adjoining and the ends abutting to the = thing=20 contiguous. Vide Boundaries, and Cro. Jac. 184.

AC ETIAM, Eng. law. In order to give jurisdiction to a court, = a cause=20 of action over which the court has jurisdiction is alleged, and also,, = (ac=20 etiam) another cause of action over which, without being joined with the = first,=20 the court would have no jurisdiction; for example, to the usual = complaint of=20 breaking the plaintiff's close, over which the court has jurisdiction, a = clause=20 is added containing the real cause of action. This juridical contrivance = grew=20 out of the Statute 13 Charles H. Stat. 2, c. 2. The clause was added by = Lord=20 North, Ch. J. of the C. P. to the clausum fregit writs of that court = upon which=20 writs of capias might issue. He balanced awhile whether he should not = use the=20 words nec non instead of ac etiam. The matter is fully explained in = Burgess on=20 Insolvency, 149. 155. 156. 157.

ACCEDAS AD CURIAM, Eng. law. That you go to court. An original = writ,=20 issuing out of chancery, now of coarse, returnable in K. B. or C. P. for = the=20 removaI of a replevin sued by plaint in court of any lord, other than = the county=20 before the sheriff See F. N. B. 18; Dyer, 169.

ACCEDAS AD VICECOMITEM, Eng. law. The name of a writ directed = to the=20 coroner, commanding him to deliver a writ to the sheriff, who having a = pone=20 delivered to him, suppresses it.

ACCEPTANCE, contracts. An agreement to receive somethinng = which has=20 been offered.

2. To complete the contract, the acceptance must be absolute and past = recall,=20 10 Pick. 826; 1 Pick. 278; and communicated to the party making the = offer at the=20 time and place appointed. 4. Wheat. R. 225; 6 Wend. 103.

3. In many cases acceptance of a thing waives the right which the = party=20 receiving before had; as, for example, the acceptance of rent after = notice to=20 quit, in general waives. the notice. See Co. Litt. 211, b; Id. 215, a.; = and=20 Notice to quit.

4. The acceptance may be express, as when it is openly declared by = the party=20 to be bound by it; or implied, as where the party acts as if he had = accepted.=20 The offer, and acceptance must be in some medium understood by, both = parties; it=20 may be language, symbolical, oral or written. For example, persons deaf = and dumb=20 may contract by symbolical or written language. At auction sales, the = contract,=20 generally symbolical; a nod, a wink, or some other sign by one party, = imports=20 that he makes an offer, and knocking down a hammer by the other, that he = agrees=20 to it. 3 D. & E. 148. This subject is further considered under the = articles=20 Assent and Offer, (q v.)

5. Acceptance of a bill of exchange the act by which the drawee or = other=20 person evinces his assent or intention to comply with and be bound by, = the=20 request contained in a bill of exchange to pay the same; or in other = words, it=20 is an engagement to pay the bill when due. 4 East, 72, It will be proper = to=20 consider, 1, by whom the acceptance ought to be made; 2, the time when = it is to=20 be made; 3, the form of the acceptance; 4, its extent or effect.

6. =96 1. The acceptance must be made by the drawee himself, or by = one=20 authorized by him. On the presentment of a bill, the holder has a right = to=20 insist upon such an acceptance by the drawee as will subject him at all = events=20 to the payment of the bill, according to its tenor; consequently such = drawee=20 must have capacity to contract, and to bind himself to pay the amount of = the=20 bill, or it, may be treated as dishonored. Marius, 22. See 2 Ad. & = EH. N. S.=20 16, 17.

7. =96 2. As to the time when, a bill ought to be accepted, it may be = before=20 the bill is drawn; in this case it must be in writing; 3 Mass. 1; or it = may be=20 after it is drawn; when the bill is presented, the drawee must accept = the bill=20 within twenty-four hours after presentment, or it should be treated as=20 dishonored. Chit. Bills, 212. 217. On the refusal to accept, even within = the=20 twenty-four hours, it should be protested. Chit. Bills, 217. The = acceptance may=20 be made after the bill is drawn, and before it becomes due or after the = time=20 appointed for payment 1 H. Bl. 313; 2 Green, R. 339 ; and even after = refusal to=20 accept so as to bind the acceptor.

8. The acceptance may also be made supra protest, which is the = acceptance of=20 the bill, after protest for non-acceptance by the drawee, for the honor = of the=20 drawer, or a particular endorser. When a bill has been accepted supra = protest=20 for the honor of one party to the bill, it may be accepted supra = protest, by=20 another individual, for the honor of another. Beawes, tit. Bills of = Exchange,=20 pl. 52; 5 Campb. R. 447.

9. =96 3. As to the form of the acceptance, it is clearly established = it may be=20 in writing on the bill itself, or on another paper, 4 East, 91; or it = may be=20 verbal, 4 East, 67; 10 John. 207; 3 Mass. 1; or it may be expressed or=20 implied.

10. An express acceptance is an agreement in direct and express terms = to pay=20 a bill of exchange, either by the party on whom it is drawn, or by some = other=20 person, for the honor of some of the parties. It is Usually in the words = accepted or accepts, but other express words showing an engagement to = pay the=20 bill will be equally binding.

11. An implied acceptance is an agreement to pay a bill, not by = direct and=20 express terms, but by any acts of the party from which an express = agreement may=20 be fairly inferred. For example, if the drawee writes "seen," = "presented," or=20 any, other thing upon it, (as the day on which it becomes due,) this, = unless=20 explained by other circumstances, will constitute an acceptance.

12. =96 4. An acceptance in regard to its extent and effect, may be = either=20 absolute, conditional, or partial.

13. An absolute acceptance is a positive engagement to pay the bill = according=20 to its tenor, and is usually made by writing on the bill "accepted," and = subscribing the drawee's name; or by merely writing his name either at = the=20 bottom or across the bill. Comb. 401; Vin. Ab. Bills of Exchange, L 4; = Bayl. 77;=20 Chit. Bills, 226 to 228. But in order to bind another than the drawee, = it is=20 requisite his name should appear. Bayl. 78.

14. A conditional acceptance is one which will subject the drawee or = acceptor=20 to the payment of the money on a contingency, Bayl. 83, 4, 5; Chit. = Bills, 234;=20 Holt's C. N. P. 182; 5 Taunt, 344; 1 Marsh. 186. The holder is not bound = to=20 receive such an acceptance, but if he do receive it he must observe its = terms. 4=20 M.& S. 466; 2 W. C. C. R. 485; 1 Campb. 425.

15. A partial acceptance varies from the tenor of the bill, as where = it is=20 made to pay part of the sum for which the bill is drawn, 1 Stra. 214; 2 = Wash. C.=20 C. R. 485; or to pay at a different time, Molloy, b. 2, c. 10, s. 20; or = place,=20 4. M.& S. 462.

ACCEPTILATION, contracts. In the civil law, is a release made = by a=20 creditor to his debtor of his debt, without receiving any consideration. = Ayl.=20 Pand. tit. 26, p. 570. It is a species of donation, but not subject to = the forms=20 of the latter, and is valid, unless in fraud of creditors. Merlin, = Repert. de=20 Jurisp. h. t. Acceptilation may be defined verborum conceptio qua = creditor=20 debitori, quod debet, acceptum fert; or, a certain arrangement of words = by which=20 on the question of the debtor, the creditor, wishing to dissolve the = obligation,=20 answers that he admits as received, what in fact, he has not received. = The=20 acceptilation is an imaginary payment. Dig. 46, 4, 1 and 19; Dig. 2, 14, = 27, 9;=20 Inst. 3, 30, 1.

ACCEPTOR, contracts. The person who agrees to pay a bill of = exchange=20 drawn upon him. There cannot be two separate acceptors of a bill of = exchange, e.=20 g. an acceptance by the drawee, and another for the honor of some party = to the=20 bill. Jackson v. Hudson, 2 Campb. N. P. C. 447.

2. The acceptor of a bill is the principal debtor, and the drawer the = surety.=20 He is bound, though he accepted without consideration, and for the sole=20 accommodation of the drawer. By his acceptance he admits the drawer's=20 handwriting, for, before acceptance it was incumbent upon him to inquire = into=20 the genuineness of the drawer's handwriting. 3 Burr. 1354; 1 Bla. Rep. = 390, S.=20 C.; 4 Dall. 234; 1 Binn. 27, S. C. When once made, the obligation of the = acceptor is irrevocable. As to what amounts to an acceptance, see ante,=20 Acceptance; Chitty on Bills, 242, et. seq.; 3 Kent, Com. 55, 6; Pothier, = Traite=20 du Contrat de Change, premiere part. n. 44.

3. The liability of the acceptor cannot in general be released or = discharged,=20 otherwise than by payment, or by express release or waiver, or by the = act of=20 limitations. Dougl. R. 247. What amounts to a waiver and discharge of = the=20 acceptor's liability, must depend on the circumstances of each = particular case.=20 Dougl. 236, 248; Bayl. on Bills, 90; Chitty on Bills, 249.

ACCEPTOR SUPRA PROTEST, in contracts, is a third person, who, = after=20 protest for non-acceptance by the drawee, accepts the bill for the honor = of the=20 drawer, or of the particular endorser.

2. By this acceptance he subjects himself to the same obligations as = if the=20 bill had been directed to him. An acceptor supra protest has his remedy = against=20 the person for whose honor he accepted, and against all persons who = stand prior=20 to that person. If he takes up the bill for the honor of the endorser, = he stands=20 in the light of an endorsee paying full value for the bill, and has the = same=20 remedies to which an endorsee would be entitled against all prior = parties, and=20 he can, of course, sue the drawer and endorser., 1 Ld. Raym. 574; 1 Esp. = N. P.=20 Rep. 112; Bayly on Bills, 209; 3 Kent. Com. 57; Chitty on Bills, 312. = The=20 acceptor supra protest is required to give thesame notice, in order to = charge a=20 party, which is necessary to be given by other holders. 8 Pick. 1. 79; 1 = Pet. R.=20 262. Such acceptor is not liable, unless demand of payment is made on = the=20 drawee, and notice of his refusal given. 3 Wend. 491.

ACCESS, persons. Approach, or the means or power of = approaching.=20 Sometimes by access is understood sexual intercourse; at other times the = opportunity of communicating together so that sexual intercourse may = have taken=20 place, is also called access. 1 Turn. & R. 141.

2. In this sense a man who can readily be in company with his wife, = is said=20 to have access to her; and in that case, her issue are presumed to be = his issue.=20 But this presumption may be rebutted by positive evidence that no sexual = intercourse took place. lb.

3. Parents are not allowed to prove non-access, for the purpose of=20 bastardizing the issue of the wife; nor will their declarations be = received=20 after their deaths, to prove the want of access, with a like intent. 1 = P. A.=20 Bro. R. App. xlviii.; Rep. tem. Hard. 79; Bull. N. P. 113; Cowp. R. 592; = 8 East,=20 R. 203; 11 East, R. 133. 2 Munf. R. 242; 3 Munf. R. 599; 7 N. S. 553; 4 = Hayw R.=20 221, 3 Hawks, R 623 1 Ashm. R. 269; 6 Binn. R. 283; 3 Paige's R. 129; 7 = N. S.=20 548. See Shelf. on Mar. & Div. 711; and Paternity.

ACCESSARY, criminal law. He who is not the chief actor in the=20 perpetration of the offence, nor present at its performance, but is some = way=20 concerned therein, either before or after the fact committed.

2. An accessary before the fact, is one who being absent at the time = of, the=20 crime committed, yet procures, counsels, or commands another to commit = it. 1=20 Hale, P. C. 615. It is, proper to observe that when the act is committed = through=20 the agency of a person who has no legal discretion nor a will, as in the = case of=20 a child or an insane person, the incitor, though absent when the crime = was=20 committed, will be considered, not an accessary, for none can be = accessary to=20 the acts of a madman, but a principal in the first degree. Fost. 340; 1 = P. C.=20 118.

3. An accessary after the fact, is one who knowing a felony to have = been=20 committed, receives, relieves, comforts, or assists the felon. 4 Bl. = Com.=20 37.

4. No one who is a principal (q. v.) can be an accessary.

5. In certain crimes, there can be no accessaries; all who are = concerned are=20 principals, whether they were present or absent at the time of their = commission.=20 These are treason, and all offences below the degree of felony. 1 Russ. = 21, et=20 seq.; 4 Bl. Com. 35 to 40; 1 Hale, P. C. 615; 1 Vin. Abr. 113; Hawk. P. = C. b. 2,=20 c. 29, s. 16; such is the English Law. But whether it is law in the = United=20 States appears not to be determined as regards the cases of persons = assisting=20 traitors. Serg. Const. Law, 382; 4 Cranch, R. 472, 501; United States v. = Fries,=20 Parnphl. 199.

6. It is evident there can be no accessary when there is no = principal; if a=20 principal in a transaction be not liable under our laws, no one can be = charged=20 as a more accessary to him. 1 W.& M. 221.

7. By the rules of the common law, accessaries cannot be tried = without their=20 consent, before the principals. Foster, 360. The evils resulting from = this rule,=20 are stated at length in the 8th vol. of Todd's Spencer, pp. 329, = 330.

ACCESSION, property. The ownership of a thing, whether it be = real or=20 personal, movable or immovable, carries with it the right to all that = the thing=20 produces, and to all that becomes united to it, either naturally or=20 artificially; this is called the right of accession.

2. =96 1. The doctrine of property arising from accession, is = grounded on the=20 right of occupancy.

3. =96 2. The original owner of any thing which receives an accession = by=20 natural or artificial means, as by the growth of vegetables, the = pregnancy of=20 animals; Louis. Code, art. 491; the embroidering of cloth, or the = conversion of=20 wood or metal into vessels or utensils, is entitled to his right of = possession=20 to the property of it, under such its state of improvement; 5 H. 7, 15; = 12 H. 8,=20 10; Bro. Ab. Propertie, 23; Moor, 20; Poph. 88. But the owner must be = able to=20 prove the identity of the original materials; for if wine, oil, or = bread, be=20 made out of another man's grapes, olives, or wheat, they belong to the = new=20 operator, who is bound to make satisfaction to the former proprietor for = the=20 materials which he has so converted. 2 Bl. Com. 404; 5 Johns. Rep. 348; = Betts v.=20 Lee, 6 Johns. Rep. 169; Curtiss v. Groat, 10 Johns. 288; Babcock v. = Gill, 9=20 Johns. Rep. 363; Chandler v. Edson, 5 H. 7, 15; 12 H. 8, 10; Fits. Abr. = Bar.=20 144; Bro. Abr. Property, 23; Doddridge Eng. Lawyer, 125, 126, 132, 134. = See=20 Adjunction; Confusion of Goods. See Generally, Louis. Code, tit. 2, c. 2 = and=20 3.

ACCESSION, international law, is the absolute or conditional=20 acceptance by one or several states, of a treaty already concluded = between one=20 or several states, of a traty already concluded between other = sovereignties.=20 Merl. Rep. mot Accession.

ACCESSORY, property. Everything which is joined to another = thing, as=20 an ornament, or to render it more perfect, is an accessory, and belongs = to the=20 principal thing. For example, the halter of a horse, the frame of a = picture, the=20 keys of a house, and the like; but a bequest of a house would not carry = the=20 furniture in it, as accessory to it. Domat, Lois Civ. Part. 2, liv. 4, = tit. 2,=20 s. 4, n. 1. Accesiorium non ducit, sed sequitur principale. Co. Litt. = 152, a.=20 Co. Litt. 121, b. note (6). Vide Accession; Adjunction; Appendant;=20 Appurtenances; Appurtenant; Incident.

ACCESSORY CONTRACT. one made for assuring the performance of a = prior=20 contract, either by the same parties, or by others; such as suretyship,=20 mortgages, and pledges.

2. It is a general rule, that payment of the debt due, or the = performance of=20 a thing required to be performed by the first or principal contract, is = a full=20 discharge of such accessory obligation. Poth. Ob. part. 1, c. 1, s. 1, = art. 2,=20 n. 14. Id. n. 182, 186. See 8 Mass. 551; 15 Mass. 233; 17 Mass. 419; 4 = Pick. 11;=20 8 Pick. 522.

3. An accessory agreement to guaranty an original contract, which is = void,=20 has no binding effect. 6 Humph. 261. ACCIDENT. The happening of an event = without=20 the concurrence of the will of the person by whose agency it was caused = or the=20 happening of an event without any human agency; the burning of a house = in=20 consequence of a fire being made for the ordinary purpose of cooking or = warming=20 the house, which is an accident of the first kind; the burning of the = same house=20 by lightning would have been an accident of the second kind. 1 Fonb. Eq. = 374, 5,=20 note.

2. It frequently happens that a lessee covenants to repair, in which = case he=20 is bound to do so, although the premises be burned down without his = fault. 1=20 Hill. Ab. c. 15, s. 76. But if a penalty be annexed to the covenant, = inevitable=20 accident will excuse the former, though not the latter. 1 Dyer, 33, a. = Neither=20 the landlord nor the tenant is bound to rebuild a house burned down, = unless it=20 has been so expressly agreed. Amb. 619; 1 T. R. 708; 4 =96 Paige, R. = 355; 6 Mass.=20 R. 67; 4 M'Cord, R. 431; 3 Kent, Com. 373.

3. In New Jersey, by statute, no action lies against any person on = the ground=20 that a fire began in a house or room occupied by him, if accidental. But = this=20 does not affect any covenant. 1 N. J. Rev. C. 216.

ACCIDENT, practice. This term in chancery jurisprudence, = signifies=20 such unforeseen events, misfortunes, losses, acts or omissions, as are = not the=20 result of any negligence or misconduct in the party. Francis' Max. M. = 120, p.=20 87; 1 Story on Eq. 78. Jeremy defines it as used in courts of equity, to = be " an=20 occurrence in relation to a contract, which was not anticipated by the = parties,=20 when the same was entered into, and which gives an undue advantage to = one of=20 them over the other in a court of law." Jer. on Eq. 358. This definition = is=20 objected to, because as accident may arise in relation to other things = besides=20 contracts, it is inaccurate in confining accidents to contracts; = besides, it=20 does not exclude cases of unanticipated occurrences, resulting from the=20 negligence or misconduct of the party seeking relief. 1 Story on Eq. 78, = note=20 1.

2. In general, courts of equity will relieve a party who cannot = obtain=20 justice in consequence of an accident, which will justify the = interposition of a=20 court of equity. The jurisdiction being concurrent, will be maintained = only,=20 first, when a court of law cannot grant suitable relief; and, secondly, = when the=20 party has a conscientious title to relief.

3. Many accidents are redressed in a court of law; as loss of deeds, = mistakes=20 in receipts and accounts, wrong payments, death, which makes it = impossible to=20 perform a condition literally, and a multitude of other contingencies; = and many=20 cannot be redressed even in a court of equity; is if by accident a = recovery is=20 ill suffered, a contingent remainder destroyed, or a power of leasing = omitted in=20 a family settlement. 3 Bl. Comm. 431. Vide, generally, Com. Dig. = Chancery, 3 F=20 8; 1 Fonb. Eq. B. 1, c. 3, s. 7; Coop. Eq. PI. 129; 1 Chit. Pr. 408; = Harr. Ch.=20 Index, h. t.; Dane's Ab. h. t.; Wheat. Dig. 48; Mitf. Pl. Index, h. t.; = 1 Madd.=20 Ch. Pr. 23; 10 Mod. R. 1, 3; 3 Chit. Bl. Com. 426, n.

ACCOMENDA, mar. law. In Italy, is a contract which takes place = when an=20 individual entrusts personal property with the master of a vessel, to be = sold=20 for their joint account. In such case, two contracts take place; first, = the=20 contract called mandatum, by which the owner of the property gives the = master=20 power to dispose of it, and the contract of partnership, in virtue of = which, the=20 profits are to be divided between them. One party runs the risk of = losing his=20 capital, the other his labor. If the sale produces no more than first = cost, the=20 owner takes all the proceeds; it is only the profits which are to be = divided.=20 Emer. on Mar. Loans, B. 5.

ACCOMODATION, com. law. That which is done by one merchant or = other=20 person for the convenience of some other, by accepting or endorsing his = paper,=20 or by lending him his notes or bills.

2. In general the parties who have drawn, endorsed or accepted bills = or other=20 commercial paper for the accommodation, of others, are, while in the = hands of a=20 holder who received them before they became due, other than the person = for whom=20 the accomodation was given, responsible as if they had received full = value.=20 Chit. Bills, 90; 91. See 4 Cranch, 141; 1 Ham. 413; 7 John. 361; 15 = John. 355,=20 17 John. 176; 9 Wend. 170; 2 Whart. 344; 5 Wend. 566; 8 Wend. 437; 2 = Hill, S. C.=20 362; 10 Conn. 308; 6 Munfd. 381.

ACCOMMODATION, contracts. An amicable agreement or composition = between=20 two contending parties. It differs from accord and satisfaction, which = may take=20 place without any difference having existed between the parties.

ACCOMPLICE, crim. law. This term includes in its meaning, all = persons=20 who have been concerned in the commission of a crime, all particepes = crimitis,=20 whether they are considered in strict legal propriety, as principals iu = the=20 first or second degree, or merely as accessaries before or after the = fact.=20 Foster, 341; 1 Russell, 21; 4 Bl. Com. 331; 1 Phil. Ev. 28; Merlin, = Repertoire,=20 mot Complice. U. S. Dig. h. t.

2. But in another sense, by the word accomplice is meant, one who not = being a=20 principal, is yet in some way concerned in the commission of a crime. It = has=20 been questioned, whether one who was an accomplice to a suicide can be = punishhed=20 as such. A case occurred in Prussia where a soldier, at the request of = his=20 comrade, had cut the latter in pieces; for this he was tried capitally. = In the=20 year 1817, a young woman named Leruth received a recompense for aiding a = man to=20 kill himself. He put the point of a bistouri on his naked breast, and = used the=20 hand of the young woman to plunge it with greater force into his bosom; = hearing=20 some noise he ordered her away. The man receiving effectual aid was soon = cured=20 of the wound which had been inflicted; and she was tried and convicted = of having=20 inflicted the wound, and punished by ten years' imprisonment. Lepage, = Science du=20 Driot,c h. 2 art. 3, 5. The case of Saul, the king of Israel, and his = armor=20 bearer, (1 Sam. xxxi. 4,) and of David and the Amelekite, (2 Sam. i. = 2-16,) will=20 doubtless occur to the reader.

ACCORD, in contracts. A satisfaction agreed upon between the = party=20 injuring and the party injured, which when performed is a bar to all = actions=20 upon this account. 3 Bl. Com. 15; Bac. Abr, Accord.

2. In order to make a good accord it is essential: 1. That the accord = be=20 legal. An agreement to drop a criminal prosecution as a satisfaction for = an=20 assault and imprisonment, is void. 5 East, 294. See 2 Wils. 341 Cro. = Eliz.=20 541.

3. =96 2. It must be advantageous to the contracting party; hence = restoring to=20 the plaintiff his chattels, or his land, of which the defendant has = wrongfully=20 dispossessed him, will not be any consideration to support a promise by = the=20 plaintiff not to sue him for those injuries. Bac. Abr. Accord, &c. = A; Perk.=20 s. 749; Dyer, 75; 5 East, R. 230; 1 Str. R. 426; 2 T. R. 24; 11 East, R. = 390; 3=20 Hawks, R. 580; 2 Litt. R. 49; 1 Stew. R. 476; 5 Day, R. 360; 1 Root, R. = 426; 3=20 Wend. R. 66; 1 Wend, R. 164; 14 Wend. R. 116; 3 J. J. Marsh. R. 497.

4. =96 3. It must be certain; hence an agreement that the defendant = shall=20 relinquish the possession of a house in satisfaction, &c., is not = valid,=20 unless it is also agreed at what time it shall be relinquished. Yelv. = 125. See 4=20 Mod. 88; 2 Johns. 342; 3 Lev. 189.

5. =96 4. The defendant must be privy to the contract. If therefore = the=20 consideration for the promise not to sue proceeds from another, the = defendant is=20 a stranger to the agreement, and the circumstance that the promise has = been made=20 to him will be of no avail. Str. 592; 6, John. R. 37; 3 Monr. R. 302 but = in such=20 case equity will grant relief by injunction. 3 Monr. R. 302; 5 East, R. = 294; 1=20 Smith's R. 615; Cro. Eliz. 641; 9 Co. 79, b; 3 Taunt. R. 117; 5 Co. 117, = b.

6. =96 5. The accord must be executed. 5 Johns. R. 386; 3 Johns. Cas. = 243; 16=20 Johns. R. 86; 2 Wash. C. C. R. 180; 6 Wend. R. 390; 5 N. H. Rep. 136; = Com. Dig.=20 Accord, B 4.

7. Accord with satisfaction when completed has two effects; it is a = payment=20 of the debt; and it is a species of sale of the thing given by the = debtor to the=20 creditor, in satisfaction; but it differs from it in this, that it is = not valid=20 until the delivery of the article, and there is no warranty of the thing = thus=20 sold, except perhaps the title; for in regard to this, it cannot be = doubted,=20 that if the debtor gave on an accord and satisfaction the goods of = another,=20 there would be no satisfaction. See Dation, en paiement.

See in general Com. Dig. h. t.; Bac. Ab. h. t.; Com. Dig. Pleader, 2 = V 8; 5=20 East, R. 230; 4 Mod. 88 ; 1 Taunt. R. 428; 7 East, R. 150; 1 J. B. = Moore, 358,=20 460; 2 Wils. R. 86; 6 Co. 43, b; 3 Chit. Com. Law, 687 to 698; Harr. = Dig. h. t.;=20 1 W. Bl. 388; 2 T. R. 24; 2 Taunt. 141; 3 Taunt. 117; 5 B.& A. 886; = 2 Chit.=20 R. 303 324; 11 East, 890; 7 Price, 604; 2 Greenl. Ev. 28; 1 Bouv. Inst. = n. 805;=20 3 Bouv. Inst. n. 2478-79-80-81. Vide Discharge of Obligations.

ACCOUCHEMENT. The act of giving birth to a child. It is = frequently=20 important to prove the filiation of an individual; this may be done in = several=20 ways. The fact of the accouchement may be proved by the direct testimony = of one=20 who was present, as a physician, a midwife, or other person. 1 Bouv. = Inst. u.=20 314.

ACCOUNT, remedies. This is the name of a writ or action more = properly=20 called account render.

2. It is applicable to the, case of an unliquidated demand, against a = person=20 who is chargeable as bailiff or receiver. The use of it, is where the = plaintiff=20 wants an account and cannot give evidence of his right without it. 5 = Taunt. 431=20 It is necessary. where the receipt was directed to a merchandising which = makes=20 all uncertainty of the nett remain, till the account is finished; or = where a man=20 is charged as bailiff, whereupon the certainty of his receipt appears = not till=20 account. Hob. 209.; See also 8 Cowen, R. 304; 9 Conn. R. 556; 2 Day, R. = 28;=20 Kirby, 164; 3 Gill & John. 388; 3 Verm. 485; 4 Watts, 420; 8 Cowen, = 220. It=20 is also the proper remedy by one partner against another. 15 S. & R. = 153 3=20 Binn. 317; 10 S. & R. 220; 2 Conn. 425; 4 Verm. 137; 1 Dall. 340; 2 = Watts=20 86.

3. The interlocutory judgment in this action is (quod computet) that = the=20 defendant render an account upon which judgment auditors are assigned to = him to=20 hear and report his account. (See I Lutwych, 47; 3 Leon. 149, for = precedents) As=20 the principal object of the action is to compel a settlement of the = account in=20 the first instance, special bail cannot be demanded, (2 Roll. Rep. 53; 2 = Keble,=20 404,) nor are damagos awarded upon the first judgment, nor given except = ratione=20 interplacitationis, (Cro. Eliz. 83; 5 Binn. 664; 24 Ed. 3. 16; 18 Ed. 3. = 55;=20 Reg. Brev. 136 b,) although it is usual to conclude the count with a = demand of=20 damages. (Lib. Int. fo. 16. fo. 20; 1 Lutw. 51. 58; 2 H. 7. 13.) The = reason=20 assigned for this rule, is, that it may be the defendant will not be = found in=20 arrears after he has accounted, and the court cannot know until the = settlement=20 of the account whether the plaintiff has been endamaged or not. 7 H. 6. = 38.

4. This action combines the properties of a legal and equitable = action. The=20 proceedings up to the judgment quod computet, and subsequent to the = account=20 reported by the auditors are conducted upon the principles of the common = law.=20 But the account is to be adjusted upon the most liberal principles of = equity=20 and, good faith. (Per Herle, Ch. J. 3 Ed. 3. 10.) The court it is said = are=20 judges of the action =96 the auditors of the account, Bro. Ab. Ace. 48, = and both=20 are judges of record, 4 H. 6. 17; Stat. West. 2. c. 11. This action has = received=20 extension in Pennsylvania. 1 Dall. 339, 340.

5. The fist judgment (quod computet) is enforeed by a capias ad = computandum=20 where defendant refuses to appear before the auditors, upon which he may = be held=20 to bail, or in default of bail be made to account in prison. The final = judgment=20 quod recuperet is enforeed by fi. fa. or such other process as the law = allows=20 for the recovery of debts.

6. If the defendant charged as bailiff is found in surplusage, no = judgment=20 oan be entered thereon to recover the amount so found in his favor = against the=20 plaintiff, but as the auditors are judges of record, he may bring an = action of=20 debt, or by some authorities a sci. fac. against the plaintiff, whereon = he may=20 have judgment and execution against the plaintiff. See Palm. 512; 2 = Bulst.=20 277-8; 1 Leon. 219; 3 Keble Rep. 362; 1 Roll. Ab. 599, pl. 11; Bro. Ab. = Acc. 62;=20 1 Roll. Rep. 87. See Bailiff, in account render.

7. In those states where they have courts of chancery, this action is = nearly=20 superseded by the better remedy which is given by a bill in equity, by = which the=20 complainant can elicit a discovery of the acts from the defendant under = his=20 oath, instead of relying merely on the evidence he may be able to = produce. 9=20 John. R. 470; 1 Paige, R. 41; 2 Caines' Cas. Err. 38, 62; 1 J. J. Marsh. = R. 82;=20 Cooke, R. 420; 1 Yerg. R. 360; 2 John. Ch. R. 424; 10 John. R. 587; 2 = Rand. R.=20 449; 1 Hen. & M9; 2 M'Cord's Ch. R. 469; 2 Leigh's R. 6.

8. Courts of equity have concurrent jurisdiction in matters of = account with=20 courts of law, and sometimes exclusive jurisdiction at least in some = respects:=20 For example; if a plaintiff be entitled to an account, a court of equity = will=20 restrain the defendant from proceeding in a claim, the correctness of = which=20 cannot be ascertained until the account be taken; but not where the = subject is a=20 matter of set-off. 1 Sch. & Lef. 309; Eden on Injunct. 23, 24.

9. When an account has voluntarily been stated between parties, an = action of=20 assumpsit may be maintained thereon. 3 Bl. Com. 162; 8 Com. Dig. 7; 1 = Com. Dig.=20 180; 2 Ib. 468; 1 Vin. Ab. 135; Bac. Ab. h. t.; Doct. Pl. 26; Yelv. 202; = 1 Supp.=20 to Ves. Jr, 117; 2 Ib. 48, 136. Vide 1 Binn. R. 191; 4 Dall. R. 434; = Whart. Dig.=20 h. t. ; 3 Wils. 73, 94; 8 D.& R. 596; Bull. N. P. 128; 5 Taunt. 431; = U. S.=20 Dig. h. t.; 2 Greenl. Ev. 34-39.

ACCOUNT, practice. A statement of the receipts and payments of = an=20 executor, administrator, or other trustee, of the estate confided to = him.

2. Every one who administers the affairs of another is required at = the end of=20 his administration to render an account of his management of the same. = Trustees=20 of every description can, in general, be compelled by courts of chancery = to=20 settle accounts, or otherwise fully execute their trusts. Where there = are no=20 courts of chancery, the courts of common law are usually invested with = power for=20 the same purposes by acts of legislation. When a party has had the = property of=20 another as his agent, he may be compelled at common law to account by an = action=20 of account render.

3. An account is also the statement of two merchants or others who = have dealt=20 together, showing the debits and credits between them.

ACCOUNT-BOOK. A book kept by a merchant, trader, mechanic, or = other=20 person, in which are entered from time to time the transactions of his = trade or=20 business. Vide Books; Entry; Original entry.

ACCOUNT CURRENT. A running or open account between two = persons.

ACCOUNT IN BANK, com. law. 1: A fund which merchants, traders = and=20 others have deposited into the common cash of some bank, to be drawn out = by=20 checks from time to time as the owner or depositor may require. 2. The = statement=20 of the amount deposited and drawn, which is kept in duplicate, one in = the=20 depositor's bank book, and the other in the books of the bank.

ACCOUNT STATED. The settlement of an account between the = parties, by=20 which a balance is struck in favor of one of them, is called an account=20 stated.

2. An acknowledgnaent of a single item of debt due from the defendant = to the=20 plaintiff is sufficient to support a count on an account stated. 13 = East, 249; 5=20 M.& S. 65.

3. It is proposed to consider, 1st, by whom an account may, be = stated; 2d,=20 the manner of stating the account; 3d, the declaration upon such, an = account;=20 4th, the evidence.

4. 1. An account may be stated by a man and his wife of the one part, = and a=20 third person; and unless there is an express promise to pay by the = hushand,=20 Foster v. Allanson, 2 T. R. 483, the action must be brought against = hushand and=20 wife. Drue v. Thorne, Aleyn, 72. A plaintiff cannot recover against a = defendant=20 upon an account stated by him, partly as administrator and partly in his = own=20 private capacity. Herrenden v. Palmer, Hob. 88. Persons wanting a legal = capacity=20 to make a contract cannot, in general, state an account; as infants, = Truman v.=20 Hurst, 1 T. R. 40; and persons non compos mentis.

5. A plaintiff may recover on an account stated with the defendant, = including=20 debts due from the defendant alone, and from the defendant and a = deceased=20 partner jointly. Riebards v. Heather, 1 B.& A. 29, and see Peake's = Ev. 257.=20 A settlement between partners, and striking a balance, will enable a = plaintiff=20 to maintain an action on such stated account for the balance due him, = Ozeas v.=20 Johnson, 4 Dall. 434; S. C. 1 Binn. 191; S. P. Andrews v. Allen, 9 S. = & R.=20 241; and see Lamelere v Caze, 1 W. C.C.R. 435.

6. =96 2. It is sufficient, although the account be stated of that = which is due=20 to the plaintiff only without making any deduction for any counter-claim = for the=20 defendant, Styart v. Rowland, 1 Show. 215. It is not essential that = there should=20 be cross demands between the parties or that the defendant's = acknowledgment that=20 a certain sum was due from him to the plaintiff, should relate to more = than a=20 single debt, or transaction. 6 Maule & Selw. 65; Knowles et al. 13 = East,=20 249. The acknowledgment by the defendant that a certain sum is due, = creates an=20 implied promise to pay the amount. Milward v. Ingraham, 2 Mod. 44; = Foster v.=20 Allanson, 2 T. R. 480.

7. =96 3. A count on an account stated is almost invariably inserted = in=20 declarations in assumpsit for the recovery of a pecuniary demand. See = form, 1=20 Chit. PI. 336. It is advisable, generally, to insert such a count, = Milward, v.=20 Ingraham, 2 Mod. 44; Trueman v. Hurst, 1 T. R. 42; unless the action be = against=20 persons who are incapable in law to state an account. It is not = necessary to set=20 forth the subject-matter of the original debt, Milward v. Ingraham, 2 = Mod. 44;=20 nor is the sum alleged to be due material. Rolls v. Barnes, 1 Bla. Rep. = 65; S.=20 C. 1 Burr. 9.

8. =96 4. The count upon an account stated, is supported by evidence = of an=20 acknowledgment on the part of the defendant of money due to the = plaintiff, upon=20 an account between them. But the sum must have been stated between the = parties;=20 it is not sufficient that the balance may be deduced from partnership = books.=20 Andrews v. Allen, 9 S.&. R. 241. It is unnecessary to prove the = items of=20 which the account consists; it is sufficient to prove some existing = antecedent=20 debt or demand between the parties respecting which an account was = stated, 5=20 Moore, 105; 4 B.& C. 235, 242; 6 D.& R. 306; and that a balance = was=20 struck and agreed upon; Bartlet v. Emery, 1 T. R. 42, n; for the stating = of the=20 account is the consideration of the promise. Bull. N. P. 129. An account = stated=20 does not alter the original debt; Aleyn, 72; and it seemsnot to be = conclusive=20 against the party admitting the balance against him. 1 T. R. 42. He = would=20 probably be allowed to show a gross error or mistake iu the account, if = he could=20 adduce clear evidence to that effect. See 1 Esp. R. 159. And see = generally tit.=20 Partner's; Chit. Contr. 197; Stark. Ev. 123; 1 Chit. Pl. 343.

9. In courts of equity when a bill for an account has been filed, it = is a=20 good defence that the parties have already in writing stated and = adjusted the=20 items of the account, and struck a balance; for then an action lies it = law, and=20 there is no ground for the interference of a court of equity. 1 Atk. 1; = 2 Freem.=20 62; 4 Cranch, 306; 11 Wheat. 237; 9 Ves. 265; 2 Bro. Ch. R. 310; 3 Bro. = Ch. R.=20 266; 1 Cox, 435.

10. But if there has been any mistake, ommision, fraud, or undue = advantage,=20 by which the account stated is in fact vitiated, and the balance = incorrectly=20 fixed, a court of equity will open it, and allow it to be re-examined; = and where=20 there has been gross fraud it will direct the whole account to be = opened, and=20 examined de novo. Fonbl. Eq. b. 1, c. 1 3, note (f); 1 John. Ch. R. = 550.

11. Sometimes the court will allow the account to stand, with liberty = to the=20 plaintiff to surcharge and falsify it; the effect of this is, to leave = the=20 account in full force and vigor, as a stated account, except so far as = it can be=20 impugned by the opposing party. 2 Ves. 565; 11 Wheat. 237. See = Falsification;=20 Surcharge.

ACCOUNT OF SALES. comm. law. An account delivered by one = merchant or=20 tradesman to another, or by a factor to his principal, of the disposal, = charges,=20 commissions and net proceeds of certain merchandise consigned to such = merchant,=20 tradesman or factor, to be sold.

ACCOUNTANT. This word has several significations: 1. One who = is versed=20 in accounts; 2. A person or officer appointed to keep the accounts of a = public=20 company; 3. He who renders to another or to a court a just and detailed=20 statement of the administration of property which he holds as trustee, = executor,=20 admnistrator or guardian. Vide 16 Vin. Ab. 155.

ACCOUPLE. To accouple is to marry. See Ne unquas accouple.

TO ACCREDIT, international law. The act by which a diplomatic = agent is=20 acknowledged by the government near which he is sent. This at once makes = his=20 public character known, and becomes his protection.

ACCRETION. The increase of land by the washing of the seas or = rivers.=20 Hale, De Jure Maris, 14. Vide Alluvion; Avulsion.

TO ACCRUE. Literally to grow to; as the interest accrues on = the=20 principal. Accruing costs are those which become due and are created = after=20 judgment of an execution.

2. =96 To accrue means also to arise, to happen, to come to pass; as = the=20 statute of limitations does not commence running until the cause of = action has=20 accrued. 1 Bouv. Inst. n. 861; 2 Rawle, 277; 10 Watts, 363; Bac. Abr. = Limitation=20 of Actions, D 3.

ACCUMULATIVE JUDGMENT. A second or additional judgment given = against=20 one, who has been convicted, the execution or effect of which is to = commence=20 after the first has expired; as, where a man is sentenced to an = imprisonment for=20 six months on conviction of larceny, and, afterwards he is convicted of=20 burglary, he may be sentenced to undergo an imprisonment for the latter = crime,=20 to commence after the expiration of the first imprisonment; this is = called an=20 accumulative jufgment.

ACCUSED. One who is charged with a crime or misdemeanor.

ACCUSATION, crim. law. A charge made to a competent officer = against=20 one who has committed a crime or misdemeanor, so that he may be brought = to=20 justice and punishment.

2. A neglect to accuse may in some cases be consicleied a = misdemeanor, or=20 misprision. (q. v.) 1 Bro. Civ. Law, 247; 2 Id. 389; Inst. lib. 4, tit. = 18.

3. It is a rule that no man is bound to accuse himself, or to testify = against=20 himself in a criminal case. Accusare nemo se debet nisi coram Deo. Vide=20 Evidence; Interest; Witness.

ACCUSER. One who makes an accusation.

ACHAT. This French word signifies a purchase. It is used in = some of=20 our law books, as well as achetor, a purchaser, which in some ancient = statutes=20 means purveyor. Stat. 36 Edw. III.

ACHERSET, obsolete. An ancient English measure of grain, = supposed to=20 be the same with their quarter or eight bushels.

ACKNOWLEDGMENT, conveyancing. The act of the grantor going = before a=20 competent officer, and declaring the instrument to be his act or deed, = and=20 desiring the same to be recorded as such. The certificate of the officer = on the=20 instrument, that such a declaration has been made to him, is also called = an=20 acknowledgment. The acknowledgment or due proof of the instrument by = witnesses,=20 must be made before it can be put upon record.

2. Below will be found the law of the several states relating to the = officer=20 before whom the acknowledgment must be made. Justice requires that = credit should=20 be here givem for the valuable information which has been derived on = this=20 subject from Mr. Hilliard's Abridgment of the American Law of Real = Property, and=20 from. Griffith's Register. Much valuable information has also been = received on=20 this subject from the correspondents of the author.

3. Alabama. Before one of the judges of the superior court, or any = one of the=20 justices of the county court; Act of March 3, 1803; or before any one of = the=20 superior judges or justices of the quorum of the territory (state); Act = of Dec.=20 12, 1812; or before the clerks of the circuit and county courts, within = their=20 respective counties; Act of Nov. 21, 1818; or any two justices of the = peace; Act=20 of Dee. 17, 1819; or clerks of the circuit. courts, for deeds conveying = lands=20 anywhere in the state; Act of January 6, 1831; or before any notary = public, Id,=20 sec. 2; or before one justice of the peace; Act of January 5, 1836; or = before=20 the clerks of the county courts; Act of Feb. 1, 1839; See Aiken's Dig. = 88, 89,=20 90, 91, 616; Meek's Suppl. 86.

4. When the acknowledgment is out of the state, in one of the United = States=20 or territories thereof, it may be made before the chief justice or any = associate=20 judge of the supreme court of the United States, or any judge or or = justice of=20 the superior court of any state, or territory in the Union. Aiken's Dig. = 89.

5. When it is made out of the United States, it may be made before = and=20 certified by any court of law, mayor or other chief magistrate of any = city,=20 borough or corporation of the kingdom, state, nation, or colony, where = it is=20 made. Act of March 3,1803.

6. When a feme covert is a grantor, the officer must certify that she = was=20 examined "separately and apart from her said hushand and that on such = private=20 examination, she acknowledged that she signed, sealed and delivered the = deed as=20 her voluntary act and deed, freely and without any threat, fear, or = compulsion,=20 of her said hushand."

7. Arkansas. The proof or acknowledgment of every deed or instrument = of=20 writing for the conveyance of real estate, shall be taken by some one of = the=20 following courts or officers: 1. When acknowledged or proven within this = state,=20 before the supreme court, the circuit court, or either of the judges = thereof, or=20 of the clerk of either of the said courts, or before the county court, = or the=20 judge thereof, or before an justice of the peace or notary public.

8. =96 2. When acknowledged or proven without this state, and within = the United=20 States or their territories, before any court of the United States, or = of any=20 state or territory having a seal, or the clerk of any such court, or = before the=20 mayor of any city or town, or the chief officer of any city or town = having a=20 seal of office.

9. =96 3.When acknowledged or proven without the United States, = before any=20 court of any state, kingdom or empire having a seal, or any mayor or = chief=20 officer of any city. or town having an official seal, or before any, = officer of=20 any foreign country, who by the laws of such country, is authorized to = take=20 probate of the conveyance of real estate of his own country, if such = officer has=20 by law an official seal.

10. The conveyance of any real estate by any married woman, or the=20 relinquishment of her dower in any of her hushand's real estate, shall = be=20 authenticated, and the title passed, by such married woman voluntarily = appearing=20 before the proper court or officer, and, in the absence of her hushand,=20 declaring that she had of her own free will executed the deed or = instrument in=20 question, or that she had signed and sealed the relinquishment of dower = for the=20 purposes therein contained and set forth, without any compulsion or = undue=20 influence of her hushand. Act of Nov. 30, 1837, s. 13, 21; Rev. Stat. = 190,=20 191.

11. In cases of ackkowledgment or proof of deeds or conveyances of = real=20 estate taken within the United States or territories thereof, when taken = before=20 a court or officer, having a seal of office, such deed or conveyance = shall be=20 attested under such seal of office; and if such officer have no seal of = office,=20 then under the official signature of such officer, Idem, s. 14; Rev. = Stat.=20 190.

12. In all cases of deeds, and conveyances proven or acknowledged = without the=20 United States or their territories, such acknowledgment or proof must be = attested under the official seal of the court or officer before whom = such=20 probate is had. Idem, s. 15.

13. Every court or officer that shall take the proof or = acknowledgment of any=20 deed or conveyance of real estate, or the relinquishment of dower of any = married=20 woman in any conveyance of the estate of her hushand, shall grant a = certificate=20 thereof, and cause such certificate to be endorsed on the said deed, = instrument,=20 conveyance or relinquishment of dower, which certificate shall be signed = by the=20 clerk of the court where the probate is taken in court, or by the = officer before=20 whom the same is taken and sealed, if he have a seal of office. Idem, s. = 16.

14. Connecticut. In this state, deeds must be acknowledged before a = judge of=20 the supreme or district court of the United States, or the supreme or = superior=20 court, or court of common pleas or county court of this state, or a = notary=20 public.

15. When the acknowledgment is made in another state or territory of = the=20 United States, it must be before some officer or commisioner having = power to=20 take acknowledgments there.

16. When made out of the United States before a resident American = consul, a=20 justice of the peace, or notary public, no different form is used, and = no=20 different examination of a feme covert from others. See Act of 1828; Act = of=20 1833; 1 Hill. Ab. c. 34, s. 82.

17. Delaware. Before the supreme court, or the court of common pleas = of any=20 county, or a judge of either court, or the chancellor, or two justices = of the=20 peace of the same county.

18. The certificate of an acknowledgment in court must be under the = seal of=20 the court.

19. A feme covert may also make her acknowledgment before the same = officers,=20 who are to examine her separately from her hushand.

20. An acknowledgment out of the state, may be made before a judge of = any=20 court of the United States, the chancellor or judge of a court of = record, of the=20 said court itself, or the chief officer of a city or borough, the = certificate to=20 be under the official seal; if by a judge, the seal to be affixed to his = certificate, or to that of the clerk or keeper of the seal. = Commissioners=20 appointed in other states may also take acknowledgments. 2 Hill. Ab. 441 = ;=20 Griff. Reg. h. t.

21. Florida. Deeds and mortgages must be acknowledged within the = state before=20 the officer authorized by law to record the same, or before some = judicial=20 officers of this state. Out of the state, but within some other state or = territory of the United States, before a commissioner of Florida, = appointed=20 under the act passed January 24, 1831; and where there is no = commissioner, or=20 heis unable to attend) before the chief justice, judge, presiding judge, = or=20 president of any court of record of the United States or of any state or = territory thereof having a seal and a clerk or prothonotary. The = certificate=20 must show, first, that the acknowledgment was taken within the = territorial=20 jurisdiction of the officer; secondly, the court of which he is such = officer.=20 And it must be accompanied by the certificate of the clerk or = prothonotary of=20 the court of which he is judge, justice or president, under the seal of = said=20 court that he is duly appointed and authorized as such. Out of the = United=20 States. If in Europe, or in North or South America, before. any minister = plenipotentiary, or minister extraordinary, or any cbarge d'affaires, or = consul=20 of the United States, resident or accredited there. If in any part of = Great=20 Britain and Ireland, or the dominions thereeunto belonging, before the = consul of=20 the United States, resident or accredited therein, or before the mayor = or other=20 chief magistrate of London, Bristol, Liverpool, Dublin or Edinburgh, the = certificate to be under the hand and seal of the officer.In any other = place out=20 of the United States, where there is no public minister, consul or vice = consul,=20 commercial agent or vice commercial agent of the United States, before = two=20 subscribing witnesses and officers of such place, and the identity of = such civil=20 officer and credibility, shall be certified by a consul or vice consulof = the=20 United States, of the government of which such place is a part.

22. The certificate of acknowledgmeut of a married, woman must state = that she=20 was examined apart from her hushand, that she executed such deeds, = &c.,=20 freely and without any fear or compulsion of her hushand.

23. Georgia. Deeds of conveyance of land in the state must be = executed in the=20 preseace of two witnesses, and proved before a justice of the peace, a = justice=20 of the inferior court, or one of the judges of the superior courts.If = executed=20 in the presence of one witness and a magistrate, no probate is required. = Prince's Dig. 162; 1 Laws of Geo. 115.

24. When out of the state, but in the United States, they may be = proved by=20 affidavit of one or more of the witnesses thereto, before any governor, = chief=20 justice, mayor, or other justice, of either of the United States, and = certified=20 accordingly, and transmitted under the common or public seal of the = state,=20 court, city or place, where the same is taken. The affidavit must = express the=20 place of the affidant's abode. Idem.

25. There is no state law, directing how the acknowledgment shall be = made=20 when it is made out of the United States.

26. By an act of the legislature passed in 1826, the widow is barred, = of her=20 dower in all lands of her deceased hushand, that he aliens or conveys = away=20 during the coverture, except such lands as he acquired by his = intermarriage with=20 his wife; So that no relinquishment of dower by the wife is necessary, = unless=20 the lands came to her hushand by her. Prince's Dig.249; 4 Laws of Geo. = 217. The=20 magistrate should certify that the wife did declare that freely, and = without=20 compulsion, she signed, sealed and delivered the instrument of writing = between=20 the parties, naming them and that she did renounce all title or claim to = dower=20 that she might claim or be entitled to after death of her hushand, = (naming him.)=20 1 Laws of. Geo. 112; Prince's Dig. 160.

27. Indiana. Before the recorder of the county in which the lands = may, be=20 situate, or one of the judges of the supreme court of this state, or = before one=20 of the judges of the circuitcourt, or some justice of the peace of the = county=20 within which the estate may be situate, before notaries public, or = before=20 probate judges. Ind. Rev. Stat. c. 44, s. 7; Id. eh. 74; Act of Feb. 24, = 1840.

28. All deeds and conveyances made and executed by any person without = this=20 state and brought within it to be recorded, the acknowledgment having = been=20 lawfully made before any judge or justice of the peace of the proper = county in=20 which such deed may have been made and executed, and certified under the = seal of=20 such county by the proper officer, shall be valid and effectual in law. = Rev.=20 Code, c. 44, s. 11 App. Jan. 24, 1831.

29. When ackkowledged by a feme covert, it must be certified that she = was=20 examined separate and apart from her hushand; that the full contents of = the deed=20 were made known to her; that she did then and there declare that she = had, as her=20 own voluntary act and deed, signed, sealed and executed the said deed of = her own=20 free will and accord, without any fear or compulsion from her said = hushand.

30. Illinois. Before a judge or justice of the supreme or = districtcourts of=20 the United States, a commissioner authorized to take acknowledgments, a = judge or=20 justice of the supreme, superior or district court of any of the United = States=20 or territories, a justice of the peace, the clerk of a court of record, = mayor of=20 a city, or notary public; the last three shall give a certificate under = their=20 official seal.

31. The certificate must state that the party is known to the = officer, or=20 that his identity has been proved by a credible witness, naming him. = When the=20 acknowledgment is taken by a justice of the peace of the state, residing = in the=20 county where the lands lie, no other certificate is required than his = own; when=20 heresides in another county, there shall be a certificate of the clerk = of the=20 county commissioners court of the proper county, under seal, to his = official=20 capacity.

32. When the justice of the peace taking the acknowledgment resides = out of=20 the state, there shall be added to the deed a certificate of the proper = clerk,=20 that the person officiating is a justice of the peace.

33. The deed of a feme covert is acknowledged before the same = officers. The=20 certificate must state that she is known to the officer, or that. her = identity=20 has been proved by a witness who must be named; that the officer = informed her of=20 the contents of the deed; that she was separately examined; that she=20 acknowledged the execution and release to be made freely, voluntarily, = and=20 without the compulsion of her hushand.

34. When the hushand and wife reside in the state, and the latter is = over=20 eighteen years of age, she may convey her lands, with formalities = substanially=20 the same as those used in a release of dower; she acknowledges the = instrument to=20 be her act and deed, and that she does not wish to retract.

35. When she resides out of the state, if over eighteen, she may join = her=20 hushand in any writing relating to lands in the state, in which case her = acknowledgmeut is the same as if she were a feme sole. Ill. Rev. L. = 135-8; 2=20 Hill Ab. 455, 6.

36. Kentucky. Acknowledgments taken in the State must be before the = clerk of=20 a county court, clerk of the general court, or clerk of the court of = appeals. 4=20 Litt. L. of K. 165 ; or before two justices of the peace, 1 Litt. L. of = K. 152.;=20 or before the mayor of the city of Louisville. Acts of 1828, p. 219, s. = 12.

37. When in another state or territory of the United States, before = two=20 justices of the peace, 1 Litt. L. of K. 152; or before any court of law, = mayor,=20 or other chief magistrate of any city, town or corporation of the county = where=20 the grantorsdwell, Id. 567; or before any justice or judge of a superior = or=20 inferior court of law. Acts of 1831, p. 128.

38. When made out of the United States, before a mayor of a city, or = consul=20 of the U. S. residing there' or, before the chief, magistrate of such = state or=20 country, to be authenticated in the usual manner such officers = authenticate the=20 official act's. Acts of 1831, p. 128, s. 5.

39. When a feme covert acknowledges the deed, the certificate must = state that=20 she was examined by the officer separate and apart from her hushand, = that she=20 declared that she did freely and willingly seal and deliver the said = writing,=20 and wishes not to retract it, and acknowledged the said writing again = shown and=20 explained to her, to be her act and deed, and consents that the same may = be=20 recorded.

40. Maine. Before a justice of the peace in this state, or any = justice of the=20 peace, magistrate, or notary public, within the United States, or any=20 commissioner appointed for that purpose by the governor of this state, = or before=20 any minister or cousul of the United States, or notary public in any = foreign=20 country. Rev. St. t. 7, c. 91, 7; 6 Pick. 86.

41. No peculiar form for the certificate of acknowledgment is = prescribed; it=20 is required that the hushand join in the deed. "The joint deed of = hushand and=20 wife shall be effectual to convey her real estate, but not to bind her = to any=20 covenant or estoppel therein." Rev. St. t. 7, c. 91, 5.

42. Maryland. Before two justices of the peace of the county where = the lands=20 lie, or where the grantor lives, or before a judge of the county court = of the=20 former county, or the mayor of Annapolis for Anne Arundel county. When = the=20 acknowledgment is made in another county than that in which the lands = are=20 situated, an in which the party Eves, the clerk of the court must = certify under=20 the court seal, the official capacity of the acting justices or = judge.

43. When the grantor resides out of the state, a commission issues = on,=20 application of the purchaser, and with the written consent of the = grantor, from=20 the clerk of the county court where the landlies, to two or more = commissioners=20 at the grantee's residence; any two of whom may take the acknowledgment, = and=20 shall certify it under seal and return the commission to be recorded = with the=20 deed; or the grantor may empower an attorney in the state to acknowledge = for=20 him, the power to be incorporated in the deed, or annexed to it, and = proved by a=20 subscribing witness before the county court, or two justices of the = peace where=20 the land lies, or a district judge, or the governor or a mayor, notary = public,=20 court or judge thereof, of the place where it is. executed; in each case = the=20 certificate to be under an official seal. By the acts of 1825, c. 58, = and 1830,=20 c. 164 the acknowledgment in another state may be before a judge of the = U. S. or=20 a judge of a court of record of the state. and county where the grantor = may be=20 the clerk to certify under seal, the official character of the = magristrate.

44. By the act of 1837, c. 97, commissioners may be appointed by = authority of=20 the state, who shall reside in the other states or territories of the = United=20 States who shall be authorized to take acknowledgment of deeds. The act = of 1831,=20 c. 205, requires that the officer shall certify knowledge of the = parties.

45. The acknowledgment of a feme covert must be made separate and = apart from=20 her hushand. 2 Hill. Ab. 442; Griff. Reg. h. t. See also, 7 Gill & = J. 480; 2=20 Gill. & J. 173 6 Harr. & J. 336; 3 Harr. & J.371 ; 1 Harr. = & J.=20 178; 4 Harr. & M'H. 222.

46. Massachusetts. Before a justice of the peace or magistrate out of = the=20 state. It has been held that an American consul at a foreign port, is a=20 magistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors = has been=20 held, sufficient to authorize the registration of a deed; and a wife = need not,=20 therefore, acknowledge the conveyance when she joins with her hushand. 2 = Hill.=20 Ab. c. 34, s. 45.

47. Michigan. Before a judge of a court of record, notary public, = justice of=20 the peace, or master in chan cery; and in case of the death of the = grantor, or=20 his departure from the state, it may be proved by one of the subscribing = witnesses before any court of record in the state. Rev. St. 208 Laws of = 1840, p.=20 166.

48. When, the deed is acknowledged out of the state of Michigan, but = in the=20 United States, or an of the territories of the U. S., it is to be = acknowledged=20 according to the laws of such state or territory, with a certificate of = the=20 proper county clerk, under his seal of office, that such deed is = executed=20 according to the laws of such state or territory, attached thereto.

49. When acknowledged in a foreign country, it may be executed = according to=20 the laws of such foreign country, but, it must in such. case, be = acknowledged=20 before a minister plenipotentiary , consul, or charge d'affaires of the = United=20 States and the acknowledgment must be certified by the officer before = whom the=20 same was taken. Laws of 1840, p. 166, sec. 2 and 3.

50. When the acknowledgment is made by a feme covert, the certificate = must=20 state that on a private examination of such feme' covert, separate and = apart=20 from her hushand, she acknowledged that she executed the deed without = fear or=20 compulsion from any one. Laws of 1840, p. 167, sec. 4.

51. Mississippi. When in the state, deeds may be acknowledged, or = proved by=20 one or more of the subscribing witnesses to them, before any judge of = the high=20 court of errors and appeals, or a judge of the circuit courts, or judge = of=20 probate, and certified by such judge; or before any notary public, or = clerk of=20 any court of record. in this state, and certified by such notary or = clerk under=20 the seal of his office; How. & Hutch. c. 34, s. 99, p. 868, Law of = .1833 ;=20 or before any justice of that county, where the land, or any part = thereof, is=20 situated; Ib. p. 343, s. 1 , Law of 1822; or before any, member of the = board of=20 police, in his respective county. Ib. p. 445, c. 38, s. 50, Law of = 1838.

52. When in another state or territory of the United States, such = deeds must=20 be acknowledged, or proved as aforesaid, before a judge of the supreme = court or=20 of the district courts of the United States, or before any judge of the = supreme=20 or superior court of any state or territory in the Union; How. & = Hutch. 846)=20 c. 34, s. 13, Law of 1832; or before and certified by any judge of any = inferior=20 or county court of record, or before any justice of the peace of the = state or=20 territory and county, wherein such person or witness or witnesses may = then be or=20 reside, and authenticated by the certificate of the clerk or register of = the=20 superior county or circuit court of such county, with a seal of his = office=20 thereto affixed; or if taken before or certified by a justice of the = peace,=20 shall be authenticated by the certificate of either the clerk of the = Said=20 inferior or county court of record of such county, with the seal of his = office=20 thereto affixed. Laws of Mississippi, Jan. 27, 1841, p. 132.

53. When out of the United States, such acknowledgment, or proof as, = afore=20 said, must be made before an court of law, or mayor, or other chief = magistrate=20 of any city, borough or corporation of such foreign kingdom, state, = nation, or=20 colony, in which the said parties or witnesses reside; certified by the = court,=20 mayor, or chief magistrate, in a manner such acts are usually = authenticated by=20 him. How. & Hutch, 346, c. 34, s. 14, Law of 1822.

54. When made by a feme covert, the certificate must state that she = made=20 previous acknowledgment, on a private examination, apart from her = hushand before=20 the proper officer, that she sealed and delivered the same as her act = and deed,=20 freely, without any fear, threat or compulsion of her hushand. How. = & Hutch.=20 347, c. 34, s. 19, Law of 1822.

55. Missouri. In the state, before some court having a seal, or some = judge,=20 justice or clerk thereof, or a justice of the peace in the county where = the land=20 lies. Rev. Code, 1835, 8, p. 120.

56. Out of the state, but in the United States, before any court of = the=20 United States, or of any state or territory, having a seal, or the clerk = thereof. Id. cl. 2.

57. Out of the United States, before any court of any state, kingdom = or=20 empire having a seal, or the mayor of any city having an official = seal.

58. Every court or officer taking the acknowledgment of such = instrument or=20 relinquishment of dower or the deed of the wife of the hushand's land, = shall=20 endorse a certificate thereof upon the instrument; when made before a = court, the=20 certificate shall beunder its seal; if by a clerk, under his band and = the seal=20 of the court; when before an officer having an official seal, under his = hand and=20 seal; when by an officer having no seal, under his hand. The certificate = must=20 state thatthe party was personally known to the judge or other officer = as the=20 signer, or proved to be such by two credible witnesses. Misso. St. = 120-122 ; 2=20 Hill. Ab. 453; Griff. h. t.

59. When the acknowledgment is made by a feme covert, releasing her = dower,=20 the certificate must statethat she is personally known to a judge of the = court,=20 or the officer before whom the deed is acknowledged, or that, her = identity was=20 proved by two credible witnesses; it must also state that she was = informed of=20 the contents of the deed; that it was acknowledged separate and apart = from her=20 hushand; that she releases her dower freely without compulsion or undue=20 conveyance of her own lands, the acknowledgment may be made before any = court=20 authorized to take acknowledgments. It must be done as in the cases of = release=20 of dower, and have a similar certificate. Ib.

60. New Hampshire. Before a justice of the peace or a notary public; = and the=20 acknowledgment of a deed before a notary public in another state is = good. 2 N.=20 H. Rep. 420 2 Hill. Ab. c. 34, s. 61.

61. New Jersey. In the state, before the chancellor, a justice of the = supreme=20 court of this state, a master in chancery, or a judge of any inferior = court of=20 common pleas, whether in the same or a different county; Rev. Laws, 458, = Act of=20 June 7, 1799 ; or before a commissioner for taking the acknowledgments = or proofs=20 of deeds, two of whom are appointed by the legislature in each township, = who are=20 authorized to take acknowledgments or proofs of deeds in any part of the = state.=20 Rev. Laws, 748, Act of June 5, 1820.

62. In another state or territory of the United States, before a = judge of the=20 supreme court of the United States, or a district judge of the United = States, or=20 any judge or justice of the supreme or superior court of any state in = the Union;=20 Rev. Laws, 459, Act of June 7, 1799; or before a mayor or other chief = magistrate=20 of any city in any other state or territory of the U. S., and duly = certified=20 under the seal of such city; or before a judge of any, superior court, = or court=20 of common pleas of any state or territory; when, taken before a judge of = a court=20 of common pleas, it must be accompanied by a certificate under the great = seal of=20 the state, or the seal of the county court in which it is made, that he = is such=20 officer; Rev. Laws, 747, Act of June 5, 1820; or before a commissioner = appointed=20 by the overnor, who resides in such state; Harr. Comp. 158, Act of = December 27,=20 1826; two of whom may be appointed for each of the States of New York = and=20 Pennsylvania. Elmer's Dig. Act of Nov. 3, 1836.

63. When made out of the United States, the acknowledgment may be = before any=20 court of law, or mayor, =96 or other magistrate, of any city, borough or = corporation of a foreign kingdom, state, nation or colony, in which the = party or=20 hiswitnesses reside, certified by the said court, mayor, or chief = magistrate, in=20 the manner in which such acts are usually authenticated by him. Rev. = Laws, 459,=20 Act of June 7, 1799. The certificate. in all cases must state that the = officer=20 who makes it, first made known the contents of the deed to the person = making the=20 acknowledgment, and that he was satisfied such person was the grantor = mentioned=20 in the deed.Rev. Laws, 749, Act of June 5, 1820.

64. When the acknowledgment is made by a feme covert, the certificate = must=20 state that on a private examination, apart from her hushand, before a = proper=20 officer, (ut supra,) she acknowledged that she signed, sealed, and = delivered the=20 deed, as her voluntary act and deed, freely, without any fear, threats = or=20 compulsion of her hushand. Rev. Laws, 459, Act of June 7, 1799..

65. New York. Before the chancellor or justice of the supreme court, = circuit=20 judge, supreme court commissioner, judge of the county court, mayor or = recorder=20 of a city, or, commissioner of deeds; a couuty judge or commissioner of = deeds=20 for a city or county, not to act out of the same.

66. When the party resides in another state, before a judge of the = United=20 States, or a judge or justice of the supreme, superior or circuit court = of any=20 state or territory of the United States, Within his own jurisdiction. By = a=20 statute passed in 1840, chap. 290, the governor is authorized to appoint = commissioners in other states, to take the acknowledgment and proof of = deeds and=20 other instruments.

67. When the party is in Europe or other parts of America, before a = resident=20 minister or charge d'affaires of the United States; in France, before = the United=20 States consul at Paris; in Russia, before the same officer at St. = Petershurg; in=20 the British dominions, before the Lord Mayor of London, the chief = magistrate of=20 Dublin, Edinburgh, or Liverpool, or the United States consul at London. = The=20 certificate to be uuder the hand and official seal of such officer. It = may also=20 be made before any person specially authorized by the court of chancery = of this=20 state.

68. The officer must in all cases be satisfied of the identity of the = party,=20 either from his own knowledge or from the oath or affirmation of a = witness, who=20 is to be named in the certificate.

69. A feme covert must be privately examined; but if out of the state = this is=20 unnecessary. 2 Hill. Ab. 434; Griff. Reg. h. t.

70. By the act passed April 7, 1848, it is provided, that: 1. The = proof or=20 acknowledgment of auy deed or other written, instrument required to be = proved or=20 acknowledged, inorder to entitle the same to be recorded or read in = evidence,=20 when made by any person residing out of this state and within any other = state or=20 territory of the United States, may be made before any officer of such = state or=20 territory, authorized by the laws thereof to take the proof and = acknowdgment of=20 deeds and when so taken and certified as by the act is provided, shall = be=20 entitled to be recorded in any county in this state, and may be read in = evidence=20 in any court iu this state, in the sae manner and with like effect, as = proofs=20 and acknowledgments taken before auy of the officers now authorized by = law to=20 take such proofs and acknowledgments: Provided that no such = acknowledgment shall=20 be valid unless the officer taking the same shall know or have = satisfactory=20 evidence that the person making such acknowledgment is the individual = described=20 in, and who executed the deed or instrument.

71. =96 2. To entitle any conveyance or other written instrument = acknowledged=20 or proved under the preceding section, to be read in evidence or = recorded in=20 this state, there shall be subjoined to the certificate of proof or=20 acknowledgment, signed by such officer, a certificate under the name and = official seal of the clerk or register of the county in which such = officer=20 resides, specifying that such officer was at the time of taking such = proof or=20 acknowledgment, duly authorized to take the same, and that such clerk or = register is well acquainted with the handwriting of such officer, and = verily=20 believes that the signature to said certificate of proof and = acknowledgment, is=20 genuine.

72. North Carolina. The acknowledgment or proof of deeds for the = conveyance=20 of lands, when taken or made in the state, must be before one of the = judges of=20 the supreme court, or superior court, or in the court of the county = where the=20 land lieth. 1 ltev. Stat. c. 37, s.. 1.

73. When in another state or territory of the United States, or the = District=20 of Columbia, the deed must be acknowledged, or proved, before some one = of the=20 judges of the superior courts of law, orcircuit courts of law of = superior=20 jurisdiction, within the said state, &c., with a certificate of the = governor=20 of the said state or territory, or of the secretary of state of the = United=20 States, when in the District of Columbia, of the official character of = the=20 judge; or before a commissioner appointed by the governor of this state=20 according to law. 1 Rev. Stat. c. 37, s. 5.

74. When out of the United States, the deeds must be acknowledged, or = proved,=20 before the chief magistrate of some city, town, or corporation of the = countries=20 where the said deeds were executed; or before some ambassador, publio = minister,=20 consul, or commercial agent, with proper certificate under their = official seals;=20 1 Rev. Stat. c. 37 s. 6. and 7; or before a commissioner in such foreign = country, under a commission from the county court where the land lieth. = See.=20 8.

75. When acknowledged by a feme covert, the certificate must state = that she=20 was privily examined by the proper officer, that she acknowledged the = due=20 execution of the deed, and declared that she executed the same freely,=20 voluntarily, and without the fear or compulsion of her hushand, or any = other=20 person, and, that she then assented thereto. When she is resident of = another=20 county, or so infirm that she cannot travel to the judge, or county = court, the=20 deed may be acknowledged by the hushand, or proved by witnesses, and a=20 commission in a prescribed form may be issued for taking the examination = of the=20 wife. 1 Rev. Stat. c. 37, s. 6, 8, 9, 10, 11, 13, and 14.

76. Ohio. In the state, deeds and other instruments affecting lands = must be=20 acknowledged before a judge of the supreme court, a judge of the court = of common=20 pleas, a justice of the peace, notary public, mayor, or other presiding = officer=20 of an incorporated town or city. Ohio Stat. vol. 29, p. 346, Act of = February 22,=20 1831, which went in force June 1, 1831 Swan's Coll. L. 266, s. 1.

77. When made out of the state, whether in another state or = territory, or out=20 of the U. S., they must be acknowledged, or proved, according to the = laws of the=20 state, territory or country, where they are executed, or according to = the laws=20 of the state of Ohio. Swan's Coll. L. 265, 8. 5.

78. When made by a feme covert, the certificate must state that she = was=20 examined by the officer, separate and apart from her hushand, and the = contents=20 of the deed were fully made known to her; that she did declare upon such = separate examination, that she voluntarily sign, seal, and acknowledge = the same,=20 and that she is still satisfied therewith.

79. Pennsylvania. Before a judge of the supreme court, or of the = courts of=20 common pleas, the district courts, or before any mayor or alderman, or = justice=20 of the peace of the commonwealth, or before the recorder of the city of=20 PhLiladelphia.

80. When made out of the state, and within the United States, the=20 acknowledgment may be before one of the judges of the supreme or = district courts=20 of the United States, or before an one of the judges or justices of the = supreme=20 or superior courts, or courts of common pleas of any state or territory = within=20 the United States; and so certified under the hand of the said judge, = and the=20 seal of the court. Conmmissioners appointed by the governor, residing in = either=20 of the United States or of the District of Columbia, are also authorized = to take=20 acknowledgment of deeds.

81. When made out of the United States, the acknowledgment may, be = made=20 before any consul or vice-consul of the United States, duly appointed = for and=20 exercising consular functions in the state, kingdom, country or place = where such=20 an acknowledgment may be made, and certified under the public or = official seal=20 of such consul or vice-consul of the United States. Act of January 16, = 1827. By=20 the act May 27th, 1715, s. 4, deeds made out of the province [state] may = be=20 proved by the oath or solemn affirmation of one or more of the witnesses = thereunto, before one or more of the justices of the peace of this = province=20 [state], or before any mayor or chief magistrate or officer of the = cities, towns=20 or places, where such deed or conveyances are so proved. The proof must = be=20 certified by the officer under the common or public seal of the cities, = towns,=20 or places where such conveyances are so proved. But by construction it = is now=20 established that a deed acknowledged before such officer is valid, = although the=20 act declares it shall be proved. 1 Pet. R. 433.

82. The certificate of the acknowledgment of a feme covert must = state, 1,=20 that she is of full age; 2, that the contents of the instrument have = been made=20 known to her; 3, that she has been examined separate and apart from her = hushand;=20 and, 4, that she executed the deed of her own free will and accord, = without any=20 coercion or compulsion of her hushand. It is the constant practice of = making the=20 certificate, under seal, though if it be merely under the hand of the = officer,=20 it will be sufficient. Act of Feb. 19, 1835.

83. By the act of the 16th day of April, 1840, entitled. "An act=20 incorporating the Ebenezer Methodist Episcopal congregation for the = borough of=20 Reading, and for other purposes," Pamph. Laws, 357, 361, it is provided = by 15,=20 "That any and every grant, bargain and sale, release, or other deed of=20 conveyance or assurance of any lands, tenements, or hereditaments in = this=20 commonwealth, heretofore bona fide made, executed and delivered by = hushand and=20 wife within any other of the United States, where the acknowledgmentof = the=20 execution thereof has been taken, and certified by any officer or = officers in=20 any of the states where made and executed, who, was, or were authorized = by the=20 laws of such state to take and certify the acknowledgment of deeds of = conveyance=20 of lands therein, shall be deemed and adjudged to be as good, valid and=20 effectual in law for transferring, passing and conveying the estate, = right,=20 title and interest of such hushand and wife of, in, and to the lands; = tenements=20 and hereditaments therein mentioned, and be in like manner entitled to = be=20 recorded, as if the acknowledgment of the execution of the same deed had = been in=20 the same and like way, manner and form taken and certified by any judge, = alderman, or justice of the peace, of and within this commonwealth. 16. = That no=20 grant, bargain and sale, feoffment, deed of conveyance, lease, release,=20 assignment, or other assurance of any lands, tenements and hereditaments = whatsoever, heretofore bona fide made and executed by hushand and wife, = and=20 acknowledged by them before some judge, justice of the peace, alderman, = or other=20 officer authorized by law, within this state, or an officer in one of = the United=20 States, to take such acknowledgment, or which may be so made, executed = and=20 acknowledged as aforesaid, before the first day of January next, shall = be=20 deemed, held or adjudged, invalid or, defective, or insufficient in law, = or=20 avoided or prejudiced, by reason of any informality or omissiou in = setting forth=20 the particulars of the acknowledgment made before such officer, as = aforesaid, in=20 the certificate thereof, but all and every such grant, bargain and sale, = feoffment, deed of conveyance, lease, release, assigument or other = assurance so=20 made, executed and acknowledged as aforesaid, shall be as good, valid = and=20 effectual in law for transferring, passing and conveying the estate, = right,=20 title and interest of such hushand and wife of, in, and to the lands, = tenements=20 and hereditaments mentioned in the same, as if all the requisites and=20 particulars of such acknowledgment mentioned in the act, entitle an act = for the=20 better confirmation of the estates of persons holding or claiming under = feme=20 coverts, and for establishing a mode by which hushand and wife may = hereafter=20 convey their estates, passed the twenty-fourth day of February, one = thousand=20 seven hundred and seventy, were particularly set forth in the = certificate=20 thereof, or appeared upon the face of the same."

84. By the act of the 3d day of April, 1840, Pamph. L. 233, it is = enacted,=20 "That where any deed, conveyance, or other instrument of writing has = been or=20 shall be made and executed, either within or out of this state, and the=20 acknowledgment or proof thereof, duly certified, by any officer under = seal,=20 according to the existing laws of this commmonwealth, for the purpose of = being=20 recorded therein, such certificate shall be deemed prima facie evidence = of such=20 execution and acknowledgment, or proof, without requiring proof of the = said=20 seal, as fully, to all intents and purposes, and with the same effect = only, as=20 if the same had been so acknowledged or proved before any judge, justice = of the=20 peace, or alderman within this commonwealth."

85. The act relating to executions and for other purposes, passed = 16th April,=20 1840, Pamph. L. 412, enacts, 7, " That the recorders of deeds shall have = authority to take the acknowledgment and proof of the execution of any = deed,=20 mortgage, or other conveyance of any lands, tenements, or hereditaments = lying or=20 being in the county, for which they are respectively appointed as = recorders of=20 deeds, or within every city, district, or part thereof, or for any = contract,=20 letter of attorney, or any other writing, under seal, to be used or = recorded=20 within their respective counties and such acknowledgment or proof, taken = or made=20 in the manner directed by the laws of this state, and certified by the = said=20 recorder, under his hand and seal of office; which certificate shall be = endorsed=20 or annexed to said deed or instrument aforesaid, shall have the same = force and=20 effect, and be as good and available in law, for all purposes, as if the = same=20 had been made or taken before any judge of the supreme court, or = president or=20 associate judge of any of the courts of common pleas within this=20 commonwealth."

86. Rhode Island. Before any senator, judge, justice of the peace, or = town=20 clerk. When the acknowledgment is made in another state or country, it = must be=20 before a judge, justice, mayor or, notary public therein, and = certifiedunder his=20 hand and seal.

87. A wife releasing dower need not acknowledge the deed; but to a = conveyance=20 an acknowledgment and private examination are necessary. 2 Hill. Ab. c. = 34, s.=20 94.

88. South Carolina. Before a judge of the supreme court. A feme = covert may=20 release her dower or convey her own estate, by joining with her hushand = in a=20 deed, and being privately examined, in the latter case, seven days = afterwards,=20 before a judge of law or equity, or a justice of the quorum; she may = also=20 release dower by a separate deed.

89. The certificate of the officer is under seal and signed by the = woman.=20 Deeds may be proved upon the oath of one witness before a magistrate, = and this=20 is said to be the general practice.

90. When the deed is to be executed out of the state, the justices of = the=20 county where the land lies, or a judge of the court of common pleas, may = by=20 dedimus empower two or more justices of the county where the grantor = resides, to=20 tale his acknowledgment upon the oath of two witnesses to the execution. = 2 Hill.=20 Ab. 448, 9; Griff. Reg. b. t.

91.Tennessee. A deed or power of attorney to convey land must be = acknowledged=20 or proved by two subscribing witnesses, in the court of the county, or = the court=20 of the district where the land lies. The certificate of acknowledgment = must be=20 endorsed upon the deed by the clerk of the court.

93. The ackiaowledgment of a feme covert is made. before a court of = record in=20 the state, or, if the parties live out of it, before a court of record = iu=20 another state or territory; and if the wife is unable to attend court, = the=20 acknowledgment may be before commissioners empowered by the court of the = county=20 in which the hushand acknowledges the commission to be returned = certified with=20 the court seal, and recorded.

94. In all these cases the certificate must state that the wife has = been=20 privately examined. The seal of the court is to be annexed when the deed = is to=20 be used out of the state, when made in it, and vice. versa; in which = case there=20 is to be a seal and a certificate of the presiding judge or justice to = the=20 official station, of the clerk, and the due formality of the = attestation. By the=20 statute of 1820, the acknowledgment in other states may be conformable = to the=20 laws of the state, in which the grantor resides.

95. By the act of 1831, c, 90, s. 9, it is provided, that all deeds = or=20 conveyances for land made without the limits of this state, shall be = proved as=20 heretofore, or before a notary public under his seal of office. = Caruthers &=20 Nicholson's Compilation of the Stat. of Tenn. 593.

96. The officer must certify that he is acquainted with the grantor, = and that=20 he is an inhabitant of the state. There must also be a certificate of = the=20 governor or secretary under the great seal, or a judge of the superior = court=20 that the acknowledgment is in due form.Griff. Reg. h. t. ; 2 Hill. Ab. = 458.

97. By an act passed during the session of 1839-1840, chap. 26, it is = enacted, 1. "That deeds of every description may be proved by two = subscribing=20 witnesses, or acknowledged and recorded, and may then be read in, = evidence. 2.=20 That deeds executed beyond the limits of the United States may be proved = or=20 acknowledged before a notary public, or before any consul, minister, or=20 ambassador of the United States, or before a commissioner of the state. = 3. That=20 the govornor may appoint commissioners in other states and in foreign = countries=20 for the proof, &c. of deeds. 4. Affidavits taken as above, as to = pedigree or=20 heirship, may be received as evidence, by executors or administrators, = or in=20 regard to the partition and distribution of property or estates." See 2 = Yerg.=20 91, 108, 238, 400, 520; 3 Yerg. 81; Cooke, 431.

98. Vermont. 1. All deeds and other conveyances of lands, or any = estate or=20 interest therein, shall be signed and sealed by the party granting the = same, and=20 signed by two or more witnesses, and acknowledged by the grantor, before = a=20 justice of the peace. Rev. Stat. tit. 14, c. 6, s. 4.

99. Every deed by the hushand and wife shall contain an = acknowledgment by the=20 wife, made apart from her hushand, before a judge of the supreme court, = a judge=20 of the county court, or some justice of the peace, that she executed = such=20 conveyance freely, and without any fear or compulsion of her hushand; a=20 certificate of which acknowledgment, so taken, shall be endorsed on the = deed by=20 the, authority taking the same. Id. s. 7.

100. =96 2. All deeds and other conveyances, and powers of attorney = for the=20 conveyance of lands, the acknowledgment or proof of which shall have = been, or=20 hereafter shall be taken without this state, if certified agreeably to = the laws=20 of the state, province, or kingdom in which it was taken, shall be as = valid as=20 though the same were taken before some proper officer or court, within = this=20 state; and the proof of the same may be taken, and the same acknowledged = with=20 like effect, before any justice of the peace, magistrate, or notary = public,=20 within the United States, or in any foreign country, or before any = commissioner=20 appointed for that purpose by the governor of this state, or before any=20 minister,cbarge d'affaires, or consul of the United States in any = foreign=20 countryand the acknowledgment of a deed a feme in the form required by = covert,=20 by this chapter may be taken by either of the said persons Id. 9.

101. Virginia. Before the general court, or the court of the = district,=20 county, city, or corporation where some part of the land lies; when the = party=20 lives out of the state or of the district or county where the land lies, = the=20 acknowledgment may be before any court of law, or the chief magistrate = of any=20 city, town, or corporation of the country where the party resides, and = certified=20 by him in the usual form.

102. When a married woman executes the deed, she appears in court and = is=20 examined privately by one of the judges, as to her freely signing the=20 instrument, and continuing satisfied with it, the deed being shown and = explained=20 to her. She acknowledges the deed before the court, or else before two = justices=20 of the county where she dwells, or the magistrate of a corporate town, = if she=20 lives within the United States; these officers being empowered by a = commission=20 from the clerk of the court where the deed, is to be recorded, to = examine her=20 and to take her acknowledgment. If she is out of the United States, the=20 commission authorizes two judges or justices of any court of law, or = the, chief=20 magistrate of any city, town, or corporation, in her county, and is = executed as=20 by two justices in the United States.

103. The certificate is to be authenticated in the usual form. 2 = Hill. Ab.=20 444, 5; Griff. Reg. h. t.; 2 Leigh's R, 186; 2 Call. R. 103 ; 1 Wash. R. = 319.

ACQUETS, estates in the civil law. Property which has been = acquired by=20 purchase, gift or otherwise than by succession. Merlin Rep. h. t., = confines=20 acquets to immovable property.

2. In Louisiana they embrace the profits of all the effects, of which = the=20 hushand has the administration and enjoyment, either of right or in = fact, of the=20 produce of the reciprocal industry and labor of both hushand and wife, = and of=20 the estates which they may acquire during the marriage, either by = donations,=20 made jointly to them both, or by purchase, or in any other similar way, = even=20 although the purchase be only in the name of one of the two, and not of = both,=20 because in that case the period of time when the purchase is made is = alone=20 attended to, and not the person who made the purchase. Civ. Code, art. = 2371.

3. This applies to all marriages contracted in that state, or out of = it, when=20 the parties afterward go there to live, as to acquets afterward made = there.Ib.=20 art. 2370.

4. The acquets are divided into two equal portions between the = hushand and=20 wife, or between their heirs at the dissolution of their marriage. Ib. = art.=20 2375.

5. "The Parties may, however, lawfully stipulate there shall be no = community=20 of profits or gains. Ib. art. 2369.

6. But the parties have no right to agree that they shall be governed = by the=20 laws of another country.' 3 Martin's Rep. 581. Vide 17 Martin's Rep. 571 = 2=20 Kent's Com. 153, note.

ACQUIESCENCE, contracts. The consent which is impliedly given = by one=20 or both parties, to a proposition, a clause, a condition, a judgment, or = to any=20 act whatever.

2. When a party is bound to elect between a paramount right and a=20 testamentary disposition, his acquiescence in a state of things which = indicates=20 an election, when he was aware of his rights will be prima facie = evidence of=20 such election. Vide 2 Ves. Jr. 371; 12 Ves. 136 1 Ves. Jr. 335; 3 P. = Wms. 315. 2=20 Rop. Leg. 439.

3. The acts of acquiescence which constitute an implied election, = must be=20 decided rather by the circumstances of each case than by any general = principle.=20 1 Swanst. R. 382, note, and the numerous cases there cited.

4. Acquiescence in the acts of an agent, or one who has assumed that=20 character, will, be equivalent to an express authority. 2 Bouv. Inst. n. = 1309;=20 Kent, Com. 478; Story on Eq. 255; 4 W. C. C. R. 559; 6 Miss. R. 193; 1 = John.=20 Cas. 110; 2 John. Cas. 424 Liv. on Ag. 45; Paley on, Ag. by Lloyd, 41 = Pet. R.=20 69, 81; 12 John. R. 300; 3 Cowen's R. 281; 3 Pick. R. 495, 505; 4 = Mason's R.=20 296. Acquiescence differs from assent. (q. v.)

ACQUIETANDIS PLEGIIS, obsolete. A writ of justices, lying, for = the=20 surety against a creditor, who refuses to acquit him after the debt has = been=20 satisfied. Reg. of Writs, 158; Cowell; Blount.

TO ACQUIRE, descents, contracts. To make property one's = own.

2. Title to property is acquired in two ways, by descent, (q. v.) and = by=20 purchase, (q. v.) Acquisition by purchase, is either by, 1. Escheat. 2.=20 Occupancy. 3. Prescription. 4. Forfeiture. 5. Alienation, which is = either by=20 deed or by matter of record. Things which cannot be sold, cannot be=20 acquired.

ACQUISITION, property, contracts, descent. The act by which = the person=20 procures the property of a thing.

2. An acquisition, may be temporary or Perpetual, and be procured = either for=20 a valuable consideration, for example, by buying the same; or without=20 consideration, as by gift or descent.

3. Acquisition may be divided into original and derivative. Original=20 acquisition is procured by occupancy, 1 Bouv. Inst. n. 490; 2 Kent. Com. = 289;=20 Menstr. Leg. du Dr. Civ. Rom. 344 ; by accession, 1 Bouv. Inst. n. 499; = 2 Kent.,=20 Com. 293; by intellectual labor, namely, for inventions, which are = secured by=20 patent rights and for the authorship of books, maps, and charts, which = is=20 protected by copyrights. 1. Bouv. Inst. n. 508.

4. Derivative acquisitions are those which are procured. from others, = either=20 by act of law, or by act of the parties. Goods and chattels may change = owners by=20 act of law in the cases of forfeiture, succession, marriage, judgment,=20 insolvency, and intestacy. And by act of the parties, by gift or sale. = Property=20 may be acquired by a man himself, or by those who are in his power, for = him; as=20 by his children while minors; 1 N. Hamps. R. 28; 1 United States Law = Journ. 513=20 ; by his apprentices or his slaves. Vide Ruth. Inst. ch. 6 & 7; Dig. = 41, 1,=20 53; Inst. 2,9; Ib. 2,9,3.

ACQUITTAL, contracts. A release or discharge from an = obligation or eng=20 agement. According to Lord Coke there are three kinds of acquittal, = namely; 1,=20 By deed, when the party releases the obligation; 2, By prescription; 3, = By=20 tenure.Co. Lit. 100, a.

ACQUITTAL, crim. law practice. The absolution of a party = charged with=20 a crime or misdemeanor.

2. Technically speaking, acquittal is =96 the absolution of a party = accused on=20 a trial before a traverse jury. 1 N. & M. 36; 3 M'Cord, 461.

3. Acquittals are of two kinds, in fact and in law. The former takes = place=20 when the jury upon trial finds a verdict of not guilty; the latter when = a man is=20 charged merely as an accessary, and the principal has been acquitted. 2 = Inst.=20 384. An acquittal is a bar to any future prosecution for the offence = alleged in=20 the first indictment.

ACQUITTANCE, contracts. An agreement in writing to discharge a = party=20 from an engagement to pay a sum of money. it is evidence of payment. It = differs=20 from a release in this, that the latter must be under seal, while an = acquittance=20 need not be under seal. Poth. Oblig. n. 781. In Pennsylvania, a receipt, = (q. v.)=20 though not under seal, has nearly the same effect as a release. 1 Rawle, = R. 391.=20 Vide 3 Salk. 298, pl. 2; Off. of Ex. 217 ; Co. Litt. 212 a, 273 a.

ACRE, measures. A quantity of land containing in length forty = perches,=20 and four in breadth, or one hundred and sixty square perches, of = whatever shape=20 may be the land. Serg. Land Laws of Penn., 185. See Cro. Eliz. 476, 665; = 6 Co.=20 67; Poph. 55; Co. Litt. 5, b, and note 22.

ACREDULITARE, obsolete. To purge one's self of an offence by = oath. It=20 frequently happens that when a person has been arrested for a contempt, = he comes=20 into court and purges himself, on oath, of having intended any contempt. = Blount,=20 Leges. Inac. c. 36.

ACT, civil law, contracts. A writing which states in a legal = form that=20 a thing has been said, done, or agreed. In Latin, Instrumentum. Merl. = Rep.

ACT. In the legal sense, this word may be used to signify the = result=20 of a public deliberation, the decision of a prince, of a legislative = body, of a=20 council, court of justice, or a magistrate. Also, a decree, edict, law,=20 judgment, resolve, award, determination. Also, an instrument in writing = to=20 verify facts, as act of assembly, act of congress, act of parliament, = act and=20 deed. See Webster's Dict. Acts are civil or criminal, lawful or = unlawful, public=20 or private.

2. Public acts, usually denominated authentic, are those which have a = public=20 authority, and which have been made before public officers, are = authorized by a=20 public seal, have been made public by the authority of a magistrate, or = which=20 have been extracted and been properly authenticated from public = records.

3. Acts under private signature are those which have been made by = private=20 individuals, under their hands. An act of this kind does not acquire the = force=20 of an authentic act, by being registered in the office of a notary. 5 N. = S. 693;=20 8 N. S. 568 ; 3 L. R. 419 ; 8 N. S. 396 ; 11 M. R. 243; unless it = hasheen=20 properly acknowledged before the officer, bythe parties to it. 5 N. S. = 196.

4. Private acts are those made by private persons, as registers in = relation=20 to their receipts and expenditures, schedules, acquittances, and the = like. Nov.=20 73, c. 2 ; Code, lib. 7, tit. 32, 1. 6; lib. 4, t. 21; Dig. lib. 22, = tit.. 4;=20 Civ. Code of Louis. art. 2231 to 2254; Toull. Dr. Civ. Francais, tom. 8, = p.=20 94.

ACT, evidence. The act of one of several conspirators, = performed in=20 pursuance of the common design, is evidence against all of them. An = overt act of=20 treason must be proved by two witnesses. See Overt.

2. The terra. acts, includes written correspondence, and other papers = relative to the design of the parties, but whether it includes = unpublished=20 writings upon abstract questions, though of a kindred nature, has been = doubted,=20 Foster's Rep. 198 ; 2 Stark. R. 116, 141.

3. In cases of partnership it is a rule that the act or declaration = of either=20 partner, in furtherance of the common object of the association, is the = act of=20 all. 1 Pet. R. 371 5 B. & Ald. 267.

4. And the acts. of an agent, in pursuance of his authority, will be = binding=20 on his principal. Greenl. Ev. 113. ACT, legislation. A statute or law = made by a=20 legislative body; as an act of congress is a law by the congress of the = United=20 States; an act of assembly is a law made by a legislative assembly. If = an act of=20 assembly expire or be repealed while a proceeding under it is in fieri = or=20 pending, the proceeding becomes abortive; as a prosecution for an = offence, 7=20 Wheat. 552; or a proceeding under insolvent laws. 1 Bl. R. 451; Burr. = 1456 ; 6=20 Cranch, 208 ; 9 Serg. & Rawle, 283.

2. Acts are general or special; public or private. A general or = public act is=20 a universal rule which binds the whole community; of which the courts = are bound=20 to take notice ex officio.

3. Explanatory acts should not be enlarged by equity Blood's case, = Comb. 410;=20 although such acts may be allowed to have a retrospective operation. = Dupin,=20 Notions de Droit, 145. 9.

4. Private or special acts are rather exceptions, than rules; being = those=20 which operate only upon particular persons and private concerns; of = these the=20 courts are not bound to take notice, unless they are pleaded. Com. 85, = 6; 1=20 Bouv. Inst. n. 105.

ACT IN PAIS. An act performed out of court, and not a matter = of=20 record. Pais, in law French, signifies country. A deed or an assurance=20 transacted between two or more private persons in the country is matter = in pais.=20 2 Bl. Com. 294.

ACT OF BANKRUPTCY. An act which subjects a person to be = proceeded=20 against as a bankrupt. The acts of bankruptcy enumerated in the late act = of=20 congress, of 19th Aug. 1841, s. 1, are the following: 1. Departure from = the=20 state, district, or territory of which a person, subject to the = operation of the=20 bankrupt laws, is an inhabitant, with intent to defraud his creditors. = See, as=20 to what will be considered a departure, 1 Campb. R. 279; Dea. & = Chit. 4511=20 Rose, R. 387 9 Moore, R. 217 2 V. & B. 177; 5 T. R. 512; 1 C. & = P. 77; 2=20 Bini,. R. 99; 2 Taunt. 176; Holt, R. 175.

2. Concealment to avoid being arrested. 1 M. & S. 676 ; 2 Rose, = R. 137;=20 15 Ves. 4476 Taunt. R. 540; 14 Ves. 86 Taunt. 176;1 Rose, R. 362; 5 T. = R. 512; 1=20 Esp. 334.

3. Willingly or fraudulently procuring himself to be arrested, or his = goods=20 and chattels, lands, or tenements to be attached, distrained, = sequestered, or=20 taken in execution.

4. Removal of his goods, chattels and effects, or concealment of them = to=20 prevent their being levied upon, or taken in execution, or by other = process.

5. Making any fraudulent conveyance, assignment, sale, gift, or other = transfer of his lands, tenements, goods, or chattels, credits, or = evidences of=20 debt. 15 Wend. R. 588; 5 Cowen, R. 67; 1 Burr. 467, 471, 481; 4 C. & = P. 315;=20 18 Wend. R. 375; 19 Wend. R. 414; 1 Dougl. 295; 7 East, 137 16 Ves. 149; = 17 =96=20 Ves. 193; 1 Smith R. 33; Rose, R. 213.

ACT OF GOD, in contracts. This phrase denotes those accidents = which=20 arise from physical causes, and which cannot be prevented.

2. Where the law casts a duty on a party, the performance shall be = excused,=20 if it be rendered impossible by the act of God; but where the party, = byhis own=20 contract, engages to do an act, it is deemed to be his own fault and = folly that=20 he did not thereby provide against contingencies, and exempt himself = from=20 responsibilities in certain events and in such case, (that is, in the = instance=20 of an absolute general contract the performance is not excused by an = inevitable=20 accident, or other contingency, although not foreseen by, nor within the = control=20 of the party. Chitty on Contr. 272, 8; Aleyn, 27, cited by Lawrence; J. = in 8 T.=20 R. 267; Com. Dig. Action upon the Case upon Assumpsit, G; 6 T. R. 650 ; = 8 T. R.=20 259; 3 M. & S. 267 ; 7 Mass. 325; 13 Mass. 94; Co. Litt. 206; Com. = Dig.=20 Condition, D 1, L 13; 2 Bl. Com. 340; 1 T. R. 33; Jones on Bailm 104, 5 = ; 1=20 Bouv. Inst. n. 1024.

3. Special bail are discharged when the defendant dies, Tidd, 243 ; = actus Dei=20 nemini facit injuriam being a maxim of law, applicable in such case; but = if the=20 defendant die after the return of the case and before it is filed, the = bail are=20 fixed. 6 T. R. 284; 6 Binn. 332, 338. It is, however, no ground for an=20 exoneratur, that the defendant has become deranged since the suit was = brought,=20 and is confined in a hospital. 2 Wash. C. C. R. 464, 6 T. It. 133 Bos. = &=20 Pull. 362 Tidd, 184. Vide 8 Mass. Rep. 264; 3 Yeates, 37; 2 Dall. 317; = 16 Mass.=20 Rep. 218; Stra. 128; 1 Leigh's N, P. 508; 11 Pick. R. 41; 2 Verm. R. 92; = 2=20 Watt's Rep. 443. See generally, Fortuitous Event; Perils of the Sea.

ACT OF GRACE, Scotch law. The name by which the statute which = provides=20 for the aliment of prisoners confined for civil debts, is usually = known.

2. This statute provides that where a prisoner for debt declares upon = oath,=20 before the magis trate of the jurisdiction, that he has not wherewith to = maintain himself, the magistrate may set him it liberty, if the = creditor, in=20 consequence of whose diligence he was imprisoned, does not aliment him = within=20 ten days after intimation for that purpose. 1695, c. 32; Ersk. Pr. L. = Scot. 4,=20 3, 14. This is somewhat similar to a provision in the insolvent act of=20 Pennsylvania.

ACT 0F LAW. An event which occurs in consequence of some = principle of=20 law. If, for example, land out of which a rent charge has been granted, = be=20 recovered by an elder title, and thereby the rent charge becomes = avoided; yet=20 the grantee, shall have a writ of annuity, because the rent charge is = made void=20 by due course or act of law, it, being a actus legis nemini est = damnosus. 2=20 Inst. 287.

ACT OF MAN. Every man of sound mind and discretion is bound by = his own=20 acts, and the law does not permit him to do any thing against it; and = all acts=20 are construed most strongly against him who does them. Plowd. 140.

2. A man is not only bound by his own acts, but by those of others = who act or=20 are presumed to act by his authority, and is responsible civilly in all = such=20 cases; and, in some cases, even when there is but a presumption of = authority, he=20 may be made responsible criminally; for example, a bookseller may be = indicted=20 for publishing a libel which has been sold in his store, by his regular=20 salesmen, although he may possibly have had no knowledge of it.

ACTIO BONAE FIDEI, civil law. An action of good faith.

ACTIO COMMODATI CONTRARIA. The name of an action in the civil = law, by=20 the borrower against the lender, to compel the execution of the = contract. Poth.=20 Pret Usage, n. 75.

ACTIO COMMODATI DIRECTA. In the civil law, is the name of an = action,=20 by a lender against a borrower, the principal object of which is to = obtain=20 restitution of the thing lent. Poth. Pret. 5, Usage, n. 65, 68.

ACTIO CONDICTIO INDEBITI. The name of an action in the civil = law, by=20 which the plaintiff recovers the amount of a sum of money or other thing = be paid=20 by mistake. Poth. Promutuum, n. 140. See Assumpsit.

ACTIO EXCONDUCTIO, civil law. The name of an action which the = bailor=20 of a thing for hiremay bring against the bailee, in order to compel him = to=20 redeliver the thing hired. Poth. du Contr. de Louage, n. 59.

ACTIO DEPOSITI CONTRARIA. The name, of an action in the civil = law=20 which the depositary has against the depositor to compel him to fulfil = his=20 engagement towards him. Poth. Du Depot, la. 69.

ACTIO DEPOSITI DIRECTA. the civil law, this is the name of an = action=20 which is brought by the depositor against the depositary, in order to = get back=20 the, thing deposited. Poth. Du Depot, n. 60.

ACTIO JUDICATI, civil law. Was an action instituted, after = four months=20 had elapsed after the rendition of judgment, in which the judge issued = his=20 warrant to seize, first, the movables, which were sold within eight days = afterwards; and then the immovables, which were delivered in pledge to = the=20 creditors, or put under the care of a curator, and, if at the end of two = mouths,=20 the debt was not paid, the land was sold. Dig. 42, t. 1. =96 Code, 8, = 34.

ACTIO NON, pleading. After stating the appearance and defence, = special=20 pleas begin with this allegation, "that the said plaintiff ought not to = have or=20 maintain his aforesaid action thereof against him," actio non habere = debet. This=20 is technically termed the actio non. 1 Ch. Plead. 531 2 Ch. Plead. 421 ; = Steph.=20 Plead. 394.

ACTIO NON ACCREVIT INFRA SEX ANNOS. The name of a plea to the = statute=20 of limitations when the defendant insists that the plaintiff's action = has not=20 accrued within six years. It differs from non assumpsit in this: non = assumpsit=20 is the proper plea to an action on a simple contract, when the action = accrues on=20 the promise but when it does not accrue on the promise but subsequently = to it,=20 the proper plea is actio non accrevit, &c. Lawes, Pl. in Ass. 733; 5 = Binn.=20 200, 203; 2 Salk. 422; 1 Saund. Rep. 83 n. 2; 2 Saund, 63, b; 1 Sell. = N.P.=20 121.

ACTIO PERSONALIS MIORITUR CUM PERSONA. That a personal action = dies=20 with the person, is an ancient and uncontested maxim. But the term = personal=20 action, requires explanation. In a large sense all actions except those = for the=20 recovery of real property may be called personal. This definition would = include=20 contracts for the payment of money, which never were supposed to die = with the=20 person. See 1 Saund. Rep. 217, note 1.

2. The maxim must therefore be taken in a more restricted meaning. It = extends=20 to all wrongs attended with actual force, whether the affect the person = or=20 property and to all injuries to the person only, though without actual = force.=20 Thus stood originally the common law, in which an alteration was made by = the=20 statute 4 Ed. III. c. 7, which gave an action to an executor for an = injury done=20 to the personal property of his testator in his lifetime, which was = extended to=20 the executor of an executor, by statute of 25 Ed. III. c. 5. And by = statute 31=20 Ed. III. c. 11, administrators have the same remedy as executors.

3. These statutes received a liberal construction from the judges, = but they=20 do not extend to injuries to the person of the deceased, nor to his = freehold. So=20 that no action lies by an executor or administrator for an assault and = battery=20 of the deceased, or trespass, vi et armis on his land, or for slander, = because=20 it is merely a personal injury. Neither do they extend to actions = against=20 executors or administrators for wrongs committed by the deceased. 13 S. = 184;=20 Cowp. 376; 1 Saund. 216, 217, n. 1; Com. Dig 241, B 13; 1 Salk. 252; 6 = S. &=20 R. 272; W. Jones, 215.

4. Assumpsit may be maintained by executors or administrators, in = those cases=20 where an injury has been done to the personal, property of the deceased, = and he=20 might in his lifetime have waived the tort and sued in assumpsit. 1 = Bay's R. 61;=20 Cowp. 374; 3 Mass. 321; 4 Mass. 480; 13 Mass. 272; 1 Root, 2165. An = action for a=20 breach of a promise of marriage cannot be maintained by an executor, 2 = M. &=20 S. 408; nor against 13 S. & R. 183; 1 Picker. 71; unless, perhaps, = where the=20 plaintiff's testator sustained special damages. 13 S. & R. 185. See = further=20 12.S. & R. 76; 1 Day's Cas. 180; Bac. Abr. Ejectment, H11 Vin. Abr. = 123; 1=20 Salk. 314; 2 Ld. Raym. 971 1 Salk. 12 Id. 295; Cro. Eliz. 377, 8 1 Str. = 60 Went.=20 Ex. 65; 1 Vent. 176 id. so; 7 Serg. & R. 183; 7 East, 134-6 1 Saund. = 216, a,=20 n. 1; 6 Mass. 394; 2 Johns. 227; 1 Bos. & Pull. 330, n. a.; 1 Chit. = Pi. 86;=20 3 Bouv. Inst. n. 2750; this Dictionary, tit. actions; Death; Parties to = actions;=20 Survivor.

ACTIO PRO SOCIO. In the civil law, is the name of an action by = which=20 either partner could compel his co-partners to perform their social = contract.=20 Poth. Contr. de Societe, n. 134.

ACTION. Conduct, behaviour, something done. Nomen actionis = latissime=20 patere vulgo notum est ac comprehenders omnem omnino viventis = operationem quae=20 passioni opponitur. Vinnius, Com. lib. 4, tit. 6. De actionibus.

2. Human actions have been divided into necessary actions, or those = over=20 which man has no control; and into free actions, or such as he can = control at=20 his pleasure. As man is responsible only when he exerts his will, it is = clear=20 lie can be punished only for the Iatter.

3. Actions are also divided into positives and negative the former is = called=20 an act of commision the latter is the omission of something which ought = to be=20 done, and is called an act of omission. A man may be responsible as well = for=20 acts of omission, as for acts of commission.

4. Actions are voluntary and involuntary. The former are performed = freely and=20 without constraint =96 the latter are performed not by choice, against = one's will=20 or in a manner independent of the will. In general a man is not = responsible for=20 his involuntary actions. Yet it has been ruled that if a lunatic hurt a = man, he=20 shall be answerable in trespass, although, if he kill a man, it is not = felony.=20 See Hob. Rep. 134; Popham, 162; Pam. N. P. 68. See also Duress; = Will.

ACTION, French com. law. Stock in a coompany, shares in a=20 corporation.

ACTION, in practice. Actio nihil aliud est, quam jus = persequendi in=20 judicio quod sibi debetur. Just. Inst. Lib. 4, tit. 6; Vinnius, Com. = Actions are=20 divided into criminal and civil. Bac. Abr. Actions, A. 2. =96 1. A = criminal action=20 is a prosecution in a court of justice in the name of the government, = against=20 one or more individuals accused of a crime. See 1 Chitly's Cr. Law.

1. =96 2. A civil action is a legal demand of one's right, or it is = the form=20 given by law for the recovery of that which is due. Co. Litt. 285; 3 Bl. = Com.=20 116; 9 Bouv. Inst. n. 2639; Domat. Supp. des Lois Civiles, liv. 4, tit. = 1, No.=20 1; Poth. Introd. generale aux Coutumes, 109; 1 Sell. Pr. Introd. s. 4, = p. 73.=20 Ersk. Princ. of Scot. Law, B. 41 t. 1. 1. Till judgment the writ is = properly=20 called an action, but not after, and therefore, a release of all actions = is=20 regularly no bar of all execution. Co. Litt. 289 a; Roll. Ab. 291. They = are=20 real, personal and mixed. An action is real or personal, according as = realty or=20 personalty is recovered; not according to the nature of the defence. = Willes'=20 Rep. 134.

4. =96 1. Real actions are those brought for the specific recovery of = lands,=20 tenements, or hereditaments. Steph. PI. 3. They are either droitural, = when the=20 demandant seeks to recover the property; or possessory when he endeavors = to=20 obtain the possession. Finch's Law, 257, 8. See Bac. Abr. Actions, A, = contra.=20 Real Actions are, 1st. Writs of right; 2dly, Writs of entry, which lie = in the=20 per, the per et cui, or the post, upon disseisin, intrusion. or = alienation.=20 3dly. Writs ancestral possessory, as Mort d' ancester, aid, besaiel, = cosinage,=20 or Nuper obiit. Com. Dig. Actions, D 2. By these actions formerly all = disputes=20 concerning real estate, were decided; but now they are pretty generally = laid=20 aside in practice, upon account of the great nicety required in their=20 management, and the inconvenient length of their process; a much more=20 expeditious, method of trying titles being since introduced by other = actions,=20 personal and mixed. 3 Bl. Com. 118. See Booth on Real Actions.

5. =96 2. Personal actions are those brought for the specific = recovery of goods=20 and chattels; or for damages or other redress for breach of contract, or = other=20 injuries, of whatever description; the specific recovery of lands, = tenements,=20 and hereditaments only excepted. Steph. PI. 3; Com. Dig. Actions, D 3; 3 = Bouv.=20 Inst. n. 2641. Personal actions arise either upon contracts, or for = wrongs=20 independently of contracts. The former are account, assumpsit, covenant, = debt,=20 and detinue; see these words. In Connecticut and Vermont there is, an = action=20 used which is peculiar to those states, called the action of book debt. = 2=20 Swift's Syst. Ch. 15. The actions for wrongs, injuries, or torts, are = trespass=20 on the case, replevin, trespass, trover. See these words, and see Actio=20 personalis moritur cum persona.

6. =96 3. Mixed actions are such as appertain, in some degree, to = both the=20 former classes, and, therefore, are properly reducible to neither of = them, being=20 brought for the specific recovery of lands, tenements, or hereditaments, = and for=20 damages for injury sustained in respect of such property. Steph. Pl. 3; = Co.=20 Litt. 284, b; Com. Dig. Actions, D 4. Every mixed action, properly so = called, is=20 also a real action. The action of ejectment is a personal action, and = formerly,=20 a count for an assault and battery might be joined with a count for the = recovery=20 of a term of Years in land.

7. Actions are also divided into those which are local and such as = are=20 transitory.

1. A local action is one in which the venue must still be laid in the = county,=20 in which the cause of action actually arose. The locality of actions is = founded=20 in some cases, on common law principles, in others on the statute = law.

8. Of those which continue local, by the common law, are, lst, all = actions in=20 which the subject or thing to be recovered is in its nature local. Of = this class=20 are real actions, actions of waste, when brought on the statute of = Gloucester,=20 (6 Edw. I.) to recover with the damages, the locus in quo or place = wasted; and=20 actions of ejectment. Bac. Abr. Actions Local, &c. A, a; Com. Dig. = Actions,=20 N 1; 7 Co. 2 b; 2 Bl. Rep. 1070. All these are local, because they are = brought=20 to recover the seisin or possession of lands or tenements, which are = local=20 subjects.

9. =96 2dly. Various actions which do not seek the direct recovery of = lands or=20 tenements, are also local, by the common law; because they arise out of = some=20 local subject, or the violation of some local right or interest. For = example,=20 the action of quare impedit is local, inasmuch as the benefice, in the = right of=20 presentationto which the plaintiff complains of being obstructed, is so. = 7 Co. 3=20 a; 1 Chit. PI. 271; Com. Dig. Actions, N 4. Within this class of cases = are also=20 many actions in which only pecuniary damages are recoverable. Such are = the=20 common law action of waste, and trespass quare clausum fregit; as = likewise=20 trespass on the case for injuries affecting things real, as for = nuisances to=20 houses or lands; disturbance of rights of way or of common; obstruction = or=20 diversion of ancient water courses, &c. 1 Chit. Pl. 271; Gould on = Pl. ch. 3,=20 105, 106, 107. The action of replevin, also, though it lies for damages = only,=20 and does not arise out of the violation of any local right, is = nevertheless=20 local. 1 Saund. 347, n. 1. The reason of its locality appears to be the=20 necessity of giving a local description of the taking complained of. = Gould on=20 PI. ch. 3, 111. A scire facias upon a record, (which is an action, 2 = Term Rep.=20 46,) although to some intents, a continuation of the original suit, 1 = Term Rep.=20 388, is also local.

10. =96 2. Personal actions which seek nothing more than the recovery = of money=20 or personal chattels of any kind, are in most cases transitory, whether = they=20 sound in tort or in contract; Com. Dig. Actions, N 12; 1 Chit. PI. 273; = because=20 actions of this class are, in most instances, founded on the violation = of rights=20 which, in contemplation of law, have no locality. 1 Saund. 241, b, note = 6. And=20 it will be found true, as a general position, that actions ex delicto, = in which=20 a mere personalty is recoverable, are, by the common law, = transitory;except when=20 founded upon, or arising out of some local subject. Gould on Pl. ch. 3, = 112. The=20 venue in a transitory action may be laid in any county which the = plaintiff may=20 prefer. Bac. Abr. Actions Local, &c. A. (a.)

11. In the civil law actions are divided into real, personal, and = mixed. A=20 real action, according to the civil law, is that which he who is the = owner of a=20 thing, or, has a right in it, has against him who is in possession of = it, to=20 compel him to give up the plaintiff, or to permit him to enjoy the right = he has=20 in it. It is a right which a person has in a thing, follows the thing, = and may=20 be instituted against him who possesses it; and this whether the thing = be=20 movable or immovable and, in the sense of the common law, whether the = thing be=20 real or personal. See Domat, Supp. des Lois Civiles, Liv. 4, tit. 1, n. = 5;=20 Pothier, Introd. Generales aux Coutumes 110; Ersk. Pr. Scot. Law, B. 4, = t. 1,=20 2.

12. A personal action is that which a creditor has against his = debtor, to=20 compel him to fulfil his engagement. Pothier, lb. Personal actions are = divided=20 into civil actions and criminal actions. The former are those which are=20 instituted to compel the payment or to do some other thing purely civil = the=20 latter are those by which the plaintiff asks the reparation of a tort or = injury=20 which he or those who belong to him have sustained. Sometimes these two = kinds of=20 actions are united when they assume the name of mixed personal actions. = Domat,=20 Supp. des Lois Civiles, Liv. 4, tit. 1, n. 4; 1 Brown's Civ. Law, = 440.

13. Mixed actions participate both of personal and real actions. Such = are the=20 actions of partition, and to compel the parties to put down landmarks or = boundaries. Domat, ubi supra.

ACTION AD EXHIBENDUM, civil law. This was an action instituted = for the=20 purpose of compelling the defendant to exhibit a thing or title, in his = power.=20 It was preparatory to another action, which was always a real action in = the=20 sense of the Roman law, that is, for the recovery of a thing, whether it = was=20 movable or immovable. Merl. Quest. de Dr. tome i. 84. This is not unlike = a bill=20 of discovery. (q. v.)

ACTION OF ADHERENCE, Scotch law. An action competent to a = hushand or=20 Wife to compel either party to adhere in case of desertion.

ACTION OF BOOK DEBT. The name of an action in Connecticutand = Vermont,=20 resorted to for the purpose of recovering payment for articles usually = charged=20 on book. 1 Day, 105; 4 Day, 105; 2 Verm, 66. See 1 Root, 59; 1 Conn. 75; = Kirby,=20 89; 2 Robt, 130; 11 Conn. 205.

ACTION. REDHIBITORY, civil law. An action instituted to avoid = a sale=20 on account of some Vice or defect in the thing sold which readers it = either=20 absolutely useless, or its use so inconvenient and, imperfect, that it = must be,=20 supposed the buyer would not have purchased it, had he known of the = vice. Civ.=20 Code of Louis. art. 2496.

ACTION OF A WRIT. This phrase is used when one pleads some = matter by=20 which he shows that the plaintiff had no cause to have the writ which he = brought, and yet he may have a writ or action for the same matter. Such = a plea=20 is called: a plea to the action of the writ, whereas if it should appear = by the=20 plea that the plaintiff has no cause to have action for the thing = demanded, then=20 it is called a plea to the action. Termes de la ley.

ACTIONS ORDINARY. Scotch law. By this term is understood all = actions=20 not recissory. Ersk. Pr. L. Scot. 4, 1, 5.

ACTIONS RESCISSORY, Scotch law. Are divided into, 1, Actions = of proper=20 improbation; 2, Actions of reduction-improbation; 3, Actions of simple=20 reduction. Ersk. Pr. L. Scot. 4 1, 5,

2. =96 1. Proper improbation is an action brought for declaring = writing false=20 or forged.

3. =96 2. Reduction-improbation is an action whereby a person who may = be hurt,=20 or affected by a writing, insists for producing or exhibiting it in = court, in=20 order to have it set aside or its effects ascertained, under the = certification,=20 that the writing if not produced, shall be declared false and = forged.

4. =96 3. In an action of simple reduction, the certification is only = temporary, declaring the writings called for, null, until they be = produced; so=20 that they recover their full force after their production. Ib. 4, 1, = 8.

ACTIONARY. A commercial term used among foreigners, to signify = stockholders.

ACTIONES NOMINATAE. Formerly the English courts of chancery = would make=20 no writs when there was no precedent, and the cases for which there were = precedents were called actiones nominatoe. The statute of Westm. 2, c. = 24, gave=20 chancery authority to form new writs in consimili casu. Hence arose the = action=20 on the case. Bac. Ab. Court of Chancery, A; 17, Serg. R. 195.

ACTIVE. The opposite, of passive. We say active debts, or = debts due to=20 us; passive debts are those we owe.

ACTON BURNELL. Statute of Vide de Mercatoribus. Cruise, Dig. = tit. 14,=20 s. 6.

ACTOR, practice. 1. A plaintiff or complainant. 2. He on whom = the=20 burden of proof lies. In actions of replevin both parties are said to be = actors.=20 The proctor or advocate in the courts of the civil law, was called = actor.

ACTS OF COURT. In courts of admiralty, by this phrase is = understood=20 legal memoranda of the nature of pleas. For example, the English court = of=20 admiralty disregards all tenders, except those formally made by acts of = court.=20 Abbott on Ship. pi. 3, c. 10, 2, p. 403; 4 Rob. R. 103; 1 Hagg. R. 157; = Dunl.=20 Adm. Pr. 104, 6.

ACTS OF SEDERUNT. In the laws of Scotland, are ordinances for=20 regulating the forms of proceeding, before the court of session, in the=20 administration of justice, made by the judges, who have a delegated = power from=20 the legislature for that purpose. Ersk. Pr. L. Scot. B. 1, t. 1, s. = 14.

ACTUAL. Real; actual.

2. Actual notice. One which has been expressly given by which = knowledge of a=20 fact hos been brought home to a party directly ; it is opposed to = constructive=20 notice.

3. Actual admissions. Those which are expressly made; they are = plenary or=20 partial. 4 Bouv. Inst. n. 4405.

4. An actual escape takes place when a prisoner in fact gets out of = prison,=20 and unlawfull regains his liberty. Vide Escape.

ACTUARIUS. An ancient name or appellation of a notary.

ACTUARY. A clerk in some corporations vested with various = powers. In=20 the ecclesiastical law he is a clerk who registers the acts and = constitutions of=20 the convocation.

ACTUS. A foot way and horse way. Vide Way.

AD DAMNUM, pleading. To the damage. In all personal and mixed = actions,=20 with the exception of actions of debt qui tam, where the plaintiff has = sustained=20 no damages, the declaration concludes ad damnum. Archb. Civ. Pl. = 169.

AD DIEM. At the day, as a plea of payment ad diem, on the day = when the=20 money became due. See Solvit ad diem, and Com. Dig. Pleader, 2 W. = 29.

AD INQUIRENDUM, practice. A judicial writ, commanding inquiry = to be=20 made of any thing relating to a cause depending in court.

AD INTERIM. In the mean time. An officer is sometimes = appointed ad=20 interim, when the principal officer is absent, or for some cause = incapable of=20 acting for the time. AD LARGUM. At large; as, title at large, assize at = large.=20 See Dane's Abr. ch. 144,

AD QUEM. A Latin expression which signifies to which, in the=20 computation of time or distance, as the day ad quem. The last day of the = term,=20 is always computed. See A quo.

QUOD DAMNUM, Eng. law. The name of a writ issuing out of and=20 returnable into chancery, directed to the sheriff, commanding him to = inquire by=20 a jury 'What damage it will be to the king, or any other, to grant a = liberty,=20 fair, market, highway, or the like.

AD SECTAM. At the suit of, commonly abbreviated ads. It = isusual in=20 filing pleas, and other papers, for a defendant, instead of putting the = name of=20 the plaintiff first, as Peter v. Paul to put his own first, and instead = of v. to=20 put ads., as Paul ads. Peter.

AD TERMINUM QUI PRETERIIT. The name of a writof entry which = lay for=20 the lessor or his heirs, when a lease had been made of lands or = tenements, for=20 term of life or years, and, after the term had expired, the lands were = withheld=20 from the lessor by the tenant, or other person possessing the same. F. = N. B.=20 201. The remedy now applied for holdiug over (q, v.) is by ejectment, or = under=20 local regulations, by summary prooceedings.

AD TUNC ET IBIDEM. That part of an indictment, where it is = stated that=20 the object-matter of the crime or offence " then and there being found," = is=20 technically so called. N. C. Term R. 93; Bac. Ab. Indictment, G 4.

AD VITAM AUT CULPAM. An office to be so held as to determine = only by=20 the death or delinquency of the possessor; in other words it is held = quam diu se=20 benegesserit.

AD VALOREM. According to the value. This Latin term is used in = commerce in reference to certain duties, called ad valorem duties, which = are=20 levied on commodities at certain rates per centum on their value. See = Duties;=20 Imposts; Act of Cong. of March 2, 1799, s. 61 of March 1, 1823 s. 5.

ADDITION. Whatever is added to a man's name by way of title, = as=20 additions of estate, mystery, or place. 10 Went. Plead. 871; Salk. 6; 2 = Lord=20 Ray. 988; :1 WUS. 244, 5.

2. Additions of an estate or quality are esquire, gentleman, and the = like;=20 these titles can however be claimed by none, and may be assumed by any = one. In=20 Nash v. Battershy (2 Lord Ray. 986 6 Mod. 80,) the plaintiff declared = with the=20 addition of gentleman. The defendant pleaded in abatement that the = plaintiff was=20 no gentleman. The plaintiff demurred, and it was held ill; for, said the = court,=20 it amounts to a confession that the plaintiff is no gentleman, and then = not the=20 person named in the count. He should have replied that he is a = gentleman.

3. Additions of mystery are such as scrivener, painter, printer,=20 manufacturer, &c.

4. Additions of places are descriptions by the place of residence, as = A. B.=20 of Philadelpliia and thelike. See Bac. Ab. b. t.; Doct. PI. 71; 2 Vin. = Abr. 77;=20 1 Lilly's Reg. 39; 1 Metc. R. 151.

5. At common law there was no need of addition in any case, 2 Lord = Ray. 988;=20 it was, required only by Stat. 1 H. 5. c. 5, in cases where process of = outlawry=20 lies. In all other cases it is only a description of the person, and = common=20 reputation is sufficient. 2 Lord Ray. 849. No addition is necessary in a = Homine=20 Replegiando. 2 Lord Ray. 987; Salk. 5; 1 Wils. 244, 6; 6 Rep. 67.

ADDITIONALES, in contracts. Additional terms or propositions = to be=20 added to a former agreement.

ADDRESS, chan. plead. That part of a bill which contains the=20 appropriate and technical description of the court where the plaintiff = seeks his=20 remedy. Coop. Eq. PI. 8; Bart. Suit in Eq. 20Story, Eq. PI. 26 Van Hey. = Eq.=20 Draft. 2.

ADDRESS, legislation. In Pennsylvania it is a resolution of = both,=20 branches of the legislature, two-thirds of each house concurring, = requesting the=20 governor to remove a judge from office. The constitution of that state, = art. 5,=20 s. 2, directs that " for any reasonable cause, which shall not be, = ground for=20 impeachment, the governor may remove any of them [the judges], on the = address of=20 two-third's of each branch of the legislature." The mode of removal by = address=20 is unknown to the constitution of the, United States, but it is = recognized in=20 several of the states. In some of the state constitutions the language = is=20 imperative; the governor when thus addressed shall remove; in others it = is left=20 to his discretion, he may remove. The relative proportion of each house = that=20 must join in the address, varies also in different states. In some a = bare=20 majority is sufficient; in others, two-thirds are requisite; and in = others=20 three-fourths. 1 Journ. of Law, 154.

ADEMPTION, wills. A taking away or revocation of a legacy, by = the=20 testator.

2. It is either express or implied. It is the former when revoked in = express=20 terms by a codicil or later will; it is implied when by the acts of the = testator=20 it is manifestly his intention to revoke it; for example, when a = specific legacy=20 of, a chattel is made, and afterwards the testator sells it; or if a = father=20 makes provision for a child by his will and afterwards gives to such = child, if a=20 daughter, a portion in marriage; or, if a son, a sum of money to = establish him=20 in life, provided such portion or sum of money be equal to or greater = than the=20 legacy. 2 Fonbl. 368 et, seq. Toll. Ex. 320; 1 Vern. R. by Raithby, 85 = n. and=20 the cases there cited. 1 Roper, Leg. 237, 256, for, the distinction = between=20 specific and general legacies.

ADHERING. Cleaving to, or joining; as, adhering to the enemies = of the=20 United States.

2. The constitution of the United States, art. 3, s 3, defines = treason=20 against the United States, to consist only in levying war against them = or in=20 adhering to their enemies, giving them aid and comfort.

3. The fact that a citizen is cruising in an enemy's ship, with a = design to=20 capture or destroy American ships, would be an adhering to the enemies = of the=20 United States. 4 State Tr. 328 ; Salk. 634; 2 Gilb. Ev. by Lofft, = 798.

4. If war be actually levied, that is, a body of men be actually = assembled=20 for the purpose of effecting by force a treasonable enterprise, all = those who=20 perform any part, however minute, or however remote from the scene of = action,=20 and who are leagued in the general conspiracy are to be considered as = traitors.=20 4 Cranch. 126.

ADJOURNMENT. The dismissal by some court, legislative = assembly, or=20 properly authorized officer, of the business before them, either = finally, which=20 is called an adjournment sine die, without day; or, to meet again at = another=20 time appointed, which is called a temporary adjournment. 2. The = constitution of=20 the United States, art. 1, s. 5, 4, directs that "neither house, during = the=20 session of congress, shall, without the consent of the other, adjourn = for more=20 than three days, nor to any other place, that that in which the two = houses shall=20 be sitting,." Vide Com. Dig. h. t.; Vin. Ab. h. t.; Dict. de Jur. h. = t.

ADJOURNMENT-DAY. In English practice, is a day so called from = its=20 being a further day appointed by the judges at the regular sittings, to = try=20 causes at nisi prius.

ADJOURNMENT-DAY IN ERROR. In the English courts, is a day = appointed=20 some days before the end of the term, at which matters left undone on = the=20 affirmance day are finished. 2 Tidd, 1224.

ADJUDICATION, in practice. The giving or pronouncing a = judgment in a=20 cause; a judgment.

ADJUDICATIONS, Scotch law. Certain proceedings against = debtors, by way=20 of actions, before the court of sessions and are of two kinds, special = and=20 general.

2. =96 1. By statute 1672, c. 19, such part only of the debtor's = lands is to be=20 adjudged to the principal sum and interest of the debt, with the = compositions=20 due to the superior, and the expenses of infeoffment, and a fifth part = more, in=20 respect the creditor is obliged to take landsfor his money but without = penalties=20 or sheriff fees. The debtor must deliver to the creditor a valid right = to the=20 lands to be adjudged, or transumpts thereof, renounce the possession in = his=20 favor, and ratify the decree of adjudication: and the law considers the = rent of=20 the lands as precisely commensurate to the interest of the debt. In = this, which=20 is called a special adjudication, the time allowed the debtor to redeem = the=20 lands adjudged, (called the legal reversion or the legal,) is declared = to be=20 five years.

3. =96 2. Where the debtor does not produce a sufficient right to the = lands, or=20 is not willing to renounce the possession and ratify the decree, the = statute=20 makes it lawful for the creditor to adjudge all right belonging to the = debtor,=20 in the same manner, and under the same reversion of ten years. In this = kind,=20 which is called a general adjudication, the creditor must limit his = claim to the=20 principal sum, interest and penalty, without demanding a fifth part = more. See=20 Act 1 Feb. 1684; Ersk. Pr. L. Scot,. (????) s. 15, 16. See = Diligences.

ADJUNCTION. in civil law. Takes place when the thing belonging = to one=20 person is attached or united to that which belongs to another, whether = this=20 unionis caused by inclusion, as if one man's diamond be encased in = another's=20 ring; by soldering, as if one's guard be soldered on another's sword; by = sewing,=20 as by employing the silk of one to make the coat of another; by = construction; as=20 by building on another's land; by writing, as when one writes on = another's=20 parchment; or by painting, when one paints a picture on another's = canvas.

2. In these cases, as a general rule, the accessory follows the = principal;=20 hence these things which are attached to the things of another become = the=20 property of the latter. The only exception which the civilians made was = in the=20 case of a picture, which although an accession, drew to itself the = canvas, on=20 account of the importance which was attached to it. Inst. lib. 2, t. 1, = 34; Dig.=20 lib. 41, t. 1, 1. 9, 2. See Accession, and 2 Bl. Comm. 404; Bro. Ab. = Propertie;=20 Com. Dig. Pleader, M. 28; Bac. Abr. Trespass, E 2. 1 Bouv. Inst. n. = 499.

ADJUNCTS, English law. Additional judges appointed to = determine causes=20 in the High Court of Delegates, when the former judges cannot decide in=20 consequence of disagreement, or because one of the law judges of the = court was=20 not one of the majority. Shelf. on Lun. 310.

ADJURATION. The act by which one person solemnly charges = another to=20 tell or swear to the truth. Wolff. Inst. 374.

ADJUSTMENT, maritime law. The adjustment of a loss is the = settlling=20 and ascertaining the amount of the indemnity which the insured after all = proper=20 allowances and deductions have been made, is entitled to receive, and = the=20 proportion of this, which each underwriter is liable to pay, under the = policy=20 Marsh. Ins. B. 1, c. 14, p. 617 or it is a written admission of the = amounts of=20 the loss as settled between the parties to a policy of insurance. 3 = Stark. Ev.=20 1167, 8.

2. In adjusting a loss, the first thing to be considered is, how the = quantity=20 of damages for which the underwriters are liable, shall be ascertained. = When a=20 loss is a total loss, and the iusured decides to abandon, he must give = notice of=20 this to the underwriters iii a reasonable time, otherwise he will waive = his=20 right to abandon, and must be content to claim only for a partial loss. = Marsh.=20 Ins. B. 1, .c. 3, s. 2; 15 East, 559; 1 T. R. 608; 9 East, 283; 13 East = 304; 6=20 Taunt. 383. When the loss is admitted to be total, and the policy is a = valued=20 one, the insured is entitled to receive the whole sum insured, subject = to such=20 deductions as may have been agreed by the policy to be made in case of = loss.

3. The quantity of damages being known, the next point to be settled, = is, by=20 what rule this shall be estimated. The price of a thing does not afford = a just=20 criterion to ascertain its true value. It may have been bought very dear = or very=20 cheap. The circumstances of time and place cause a continual variation = in the=20 price of things. For this reason, in cases of general average, the = things saved=20 contribute not according to prune cost, but according to the price for = which=20 they may be sold at the time of settling the average. Marsh. Ins. B. 1, = c. 14,=20 s. 2, p. 621; Laws of Wishuy, art. 20 Laws of Oleron, art. 8 this Dict. = tit.=20 Price. And see 4 Dall. 430; 1 Caines' R. 80; 2 S. & R. 229 2 S.& = R. 257,=20 258.

4. An adjustment being endorsed on the policy, and signed by the=20 underwriters, with the promise to pay in a given time, is prima facie = evidence=20 against them, and amouuts to an admission of all the facts necessary to = be=20 proved by the insured to entitle him to recover in an action on the = policy. It=20 is like a note of hand, and being proved, the insured has no occasion to = go into=20 proof of any other circumstances. Marsh. Ins. B. 1, c. 14, s. 3, p. 632; = 3=20 Stark. Ev. 1167, 8 Park. ch. 4; Wesk. Ins, 8; Beaw. Lex. Mer. 310; Com. = Dig.=20 Merchant, E 9; Abbott on Shipp. 346 to 348. See Damages.

ADJUTANT. A military officer, attached to every battalion of a = regiment. It is his duty to superintend, under his superiors, all = matters=20 relating to the ordinary routine of discipline in the regiment.

ADJUTANT-GENERAL. A staff officer; one of those next in rank = to the=20 Commander-in-chief.

ADJUNCTUM ACCESSORIUM, civil law. Something which is an = accessory and=20 appurtenant to another thing. 1 Chit. Pr. 154.

ADMEASUREMENT OF DOWER, remedies. This remedy is now nearly = obsolete,=20 even in England; the following account of it is given by Chief Baron = Gilbert.=20 "The writ of admeasurement of dower lieth where the heir when he is = within age,=20 and endoweth the wife of more than she ought to have dower of; or if the = guardian in chivalry, [for the guardian in socage cannot assign dower,] = endoweth=20 the wife of more than one-third part of the land of which she ought to = have=20 dower, then the heir, at full age, may sue out this writ against the = wife, and=20 thereby shall be admeasured, and the surplusage she hath in dower shall = be=20 restored to the heir; but in such case there shall not be assigned anew = any=20 lands to hold to dower, but to take from her so much of the lands as = surpasseth=20 the third part whereof she ought to be endowed; and he need not set = forth of=20 whose assignments she holds." Gilb. on Uses, 379; and see F. N. B. 148; = Bac. Ab.=20 Dower, K; F. N. B. 148; Co. Litt. 39 a; 2 Inst. 367 Dower; Estate in = Dower.

ADMEASUREMENT OF PASTURE, Eng. law. The name of a writ which = lies=20 where any tenants have common appendant in another ground and one = overcharges=20 the common with beasts. The other commoners, to obtain their just = rights, may=20 sue out this writ against him.

ADMINICLE1. A term, in the Scotch and French law, for any = writing or=20 deed referred to by a party, in an action at law, for proving his=20 allegations.

2. An ancient term for aid or support.

3. A term in the civil, law for imperfect proof. Tech. Dict. h. t.; = Merl.=20 Repert. mot Adminicule.

ADMINICULAR EVIDENCE, eccl. law. This term is used in the=20 eclesiastical law to signify evidence, which is brought to explain or = complete=20 other evidence. 2 Lee, Ecel.R. 595.

TO ADMINISTER, ADMINISTERING. The stat. 9 G. IV. c. 31, S. 11, = enacts=20 "that if any person unlawfully and maliciously shall administer, or = attempt to=20 administer to any person, or shall cause to be taken by any person any = poison or=20 other destructive things," &c. every such offender, &c. In a = case which=20 arose under this statute, it was decided that to constitute the act of=20 administering the poison, it was not absolutely necessary there should = have been=20 a delivery to the party poisoned, but that if she took it from a place = where it=20 had been put for her by the defendant, and any part of it went into her = stomach,=20 it was an administering. 4 Carr. & Payne, 369; S. C. 19 E. C. L. R. = 423; 1=20 Moody's C. C. 114; Carr. Crim. L. 23. Vide Attempt to Persuade.

TO ADMINISTER, trusts. To do some act in relation to an = estate, such=20 as none but the owner, or some one authorized by him or by the law, in = caseof=20 his decease, could legally do. 1 Harr. Cond. Lo. R. 666.

ADMINISTRATION, trusts. The management of the estate of an = intestate,=20 a minor, a lunatic, an habitual drunkard, or other person who is = incapable of=20 managing his own affairs, entrusted to an administrator or other trustee = by=20 authority of law. In a more confinedsense, and in which it will be used = in this=20 article, administration is the management of an intestate's estate, or = of the=20 estate of a testator who, at the time administration was granted, had no = executor.

2. Administration is granted by a public officer duly authorized to = delegate=20 the trust; he is sometimes called surrogate, judge of probate, register = of wills=20 and for granting letters of administration. It is to be granted to such = persons=20 as the statutory provisions of the several states direct. In general the = right=20 of administration belongs to him who" has the right to the vendue of the = personalty: as if A make his will, and appoint B his executor, who dies=20 intestate, and C is the legatee of the residue of A's estate, C has the = right of=20 administration cum testamento annexo. 2 Strange, 956; 12 Mod. 437, 306; = 1 Jones,=20 225; 1 Croke. 201; 2 Leo. 55; 1 Vent. 217.

3. There are several kinds of administrations, besides the usual kind = which=20 gives to the administrator the management of all the personal estate of = the=20 deceased for an unlimited time. Administration durante minore oetate,=20 administration durante absentia, administration pendente lite, = administration de=20 bonis non, administration cum testamento annexo.

ADMINISTRATION, government. The management of the affairs of = the=20 government; this word is also applied to the persons entrusted with the=20 management of the publio affairs.

ADMIINISTRATOR, trusts. An administrator is a person lawfully=20 appointed, with his assent, by an officer having jurisdiction, to manage = and=20 settle the estate of a deceased person who has left no executor, or one = who is=20 for. the time incompetent or unable to act.

2. It will be proper to consider, first, his rights; secondly, his = duties.;=20 thirdly, the number of administrators, and their joint and several = powers;=20 fourthly, the several kinds of administrators.

3. =96 1. By the grant of the letters, of administration, the = administrator is=20 vested with full and ample power, unless restrained to some special=20 administration, to take possession of all the personal estate of the = deceased=20 and to sell it; to collect the debts due to him; and to represent him in = all=20 matters which relate to his chattels real or personal. He is authorized = to pay=20 the debts of the, intestate in the order dire ted by law; and, in the = United=20 States, he is generally entitled to a just compensation, which is = allowed him as=20 commmisions on the amount whichpasses through his hands.

4. =96 2. He is bound to use due diligence in the management of the = estate; and=20 he is generally on his appointment required to give security that he = will do so;=20 he is responsible for any waste which. may happen for his default. See=20 Devastavit.

5. Administrators are authorized to bring and defend actions. They = sue and=20 are sued in their own names; as, A B, administrator of C D, v. E F; or E = F v. A=20 B, administrator of C D.

6. =96 3. As to the number of administrators. There may be one or = more. When=20 there are several they must, in general, act together in bringing suits, = and=20 they must all be sued ; but, like executors, the acts of each, which = relate to=20 the delivery, gift, sale, payment, possession. or release of the = intestate's=20 goods, are considered as of equal validity as the acts of all, for they = have a=20 joint power and authority over the whole. Bac. Ab. Executor, C 4; 11 = Vin. Ab.=20 358; Com. Dig. Administration, B 12; 1 Dane's Ab. 383; 2 Litt. R. 315. = On the=20 death of one of several joint administrators, the whole authority is = vested in=20 the survivors.

7. =96 4. Administrators are general, or those who have right to = administer the=20 whole estate of the intestate; or special, that is, those who administer = it in=20 part, or for a Iimited time.

8 =96 1. General administrators are of two kinds, namely: first, when = the grant=20 of administration is unlimited, and the administrator is required to = administer=20 the whole estate. under the intestate laws. secondly, when the grant is = made=20 with the annexation of the will, which is the guide to the administrator = to=20 administer and distribute the estate. This latter administration is = granted when=20 the deceased has made a will, and either he has not appointed an = executor, or=20 having appointed one he refuses to serve, or dies, or is incompetent to = act;=20 this last kind is called an administrator cum testamento annexo. 1 Will. = on=20 Wills, 309.

9. =96 2. Special administrators are of two kinds; first, when the=20 administration is limited to part of the estate, as for example, when = the former=20 administrator has died, leaving a part of the estate unadministered, an=20 administrator is appointed to administer the remainder, and he is called = an=20 administrator de bonis non. He has all the powers of a common = administrator.=20 Bac. Ab. Executors, B 1; Sw. 396; Roll. Ab. 907; 6 Sm. & Marsh. 323. = When an=20 executor dies leaving a part of the estate unadministered, the = administrator=20 appointed to complete the execution of the win is called an = administrator de=20 bonis non, cum testamento annexo. Com. Dig. Administrator, B 1. = Secondly, When=20 the authority of the administrator is limited as to time. Administrators = of this=20 kind are, 1. An administrator durante minore oetate. This administrator = is=20 appointed to act as such during the minority of an infant executor, = until the=20 latter shall, attain his lawful age to act. Godolph. 102; 5 Co. 29. His = powers=20 extend to administer the estate so far as to collect the same, sell a=20 sufficiency of the personal property to pay the debts, sell bona = peritura, and=20 perform such other acts as require immediate attention. He may sue and = be sued.=20 Bac. Ab. Executor, B 1 ; Roll. Ab. 110; Cro. Eliz. 718. The powers of = such an=20 administrator cease, as soon as the infant executor attains the age at = which the=20 law authorizes him to act for himself, which, at common law, is = seventeen years,=20 but by statutory provision in several states twenty-one years.

10. =96 2. An administrator durante absentid, is one who is appointed = to=20 administer the estate during the absence of the executor, before he has = proved=20 the will. The powers of this administrator continue until the return of = the=20 executor, and. then his powers cease upon the probate of the will by the = executor. 4 Hagg. 860. In England it has been holden, that the death of = the=20 executor abroad does not determine the authority of the administrator = durante=20 absentia. 3 Bos. & Pull. 26.

11. =96 3. An administrator pendente lite. Administration pendente = lite may be=20 granted pending the controversy respecting an alleged will and it has = been=20 granted pending a contest as to, the right to administration. 2 P. Wms. = 589; 2=20 Atk. 286; 2 Cas. temp. Lee, 258. The administrator pendente lite is = merely an=20 officer of the court, and holds the property only till the suit = terminates. 1=20 Hagg. 313. He may maintain suits, 1 Ves. sen. 325; 2 Ves. & B. 97; 1 = Ball=20 & B. 192; though his power does not extend to the distribution of = the=20 assets. 1 Ball & B. 192.

ADMINISTRATRIX. This term is applied to a woman to whom = letters of=20 administration have been granted. See Administrator.

ADMIRAL, officer. In some countries is the commander in chief = of the=20 naval forces. This office does not exist in the United States.

ADMIRALTY. The name of a jurisdiction which takes cognizance = of suits=20 or actions which arise in consequence of acts done upon or relating to = the sea;=20 or, in other words, of all transactions and proceedings relative to = commerce and=20 navigation, and to damages or injuries upon the sea. 2 Gall. R. 468. In = the=20 great maritime nations of Europe, the term " admiralty jurisdiction," = is,=20 uniformly applied to courts exercising jurisdiction over maritime = contracts and=20 concerns. It is as familiarly known among the jurists of Scotland, = France,=20 Holland and Spain, as of England, and applied to their own courts, = possessing=20 substantially the same jurisdiction as the English Admiralty had in the = reign of=20 Edward III. Ibid., and the authorities there cited; and see, also, Bac. = Ab.=20 Court of Admiralty; Merl. Repert. h. t. Encyclopedie, h. t.; 1 Dall. = 323.

2. The Constitution of the United States has delegated to the courts = of the=20 national government cognizance "of all cases of admiralty and maritime=20 jurisdiction;" and the act of September 24, 1789, ch. 20 s. 9, has given = the=20 district court " cognizance of all civil causes of admiralty and = maritime=20 jurisdiction," including all seizures under laws of imposts, navigation = or trade=20 of the United States, where the seizures are made on waters navigable = from the=20 sea, by vessels of ten or more tons burden, within their respective = districts,=20 as well as upon the high seas.

3. It is not within the plan of this work to enlarge upon this = subject. The=20 reader is referred to the article Courts of the United States, where he = will=20 find all which has been thought necessary to say upon it as been the = subject.=20 Vide, generally, Dunlap's Adm. Practice; Bett's Adm. Practice; 1 Kent's = Com. 353=20 to 380; Serg. Const. Law, Index, h. t.; 2 Gall. R. 398. to 476; 2 Chit. = P. 508;=20 Bac. Ab. Courts of Admiralty; 6 Vin. Ab. 505; Dane's Ab. Index b. t; 12 = Bro.=20 Civ. and Adm. Law; Wheat. Dig. 1; 1 Story L. U. S. 56, 60; 2 Id. 905, 3 = Id.=20 1564, 1696; 4 Sharsw. cont. of Story's L. U. S. 2262; Clerke's Praxis;=20 Collectanea Maritima; 1 U. S. Dig. tit. Admiralty Courts, XIII.

ADMISSION, in corporations or companies. The act of the = corporation or=20 company by which an individual acquires the rights of a member of such=20 corporation or company.

2. In trading and joint stock corporations no vote of admission is = requisite;=20 for any person who owns stock therein, either by original subscription = or by=20 conveyance, is in general entitled to, and cannot be refused, the rights = and=20 privileges of a member. 3 Mass. R. 364; Doug. 524; 1 Man. & Ry. = 529.

3. All that can be required of the person demanding a transfer on the = books,=20 is to prove to the corporation his right to the property. See 8 Pick. = 90.

4. In a Mutual Insurance Company, it has been held, that a person may = become=20 a member by insuring his property, paying the premium and deposit-money, = and=20 rendering himself liable to be assessed according to the rules of the=20 corporation. 2 Mass. R. 315.

ADMISSIONS, in evidence. Concessions by a party of the = existence of=20 certain facts. The term admission is usually applied to civil = transactions, and=20 to matters of fact in criminal cases, where there is no criminal intent = the term=20 confession, (q. v.) is generally considered as an admission of = guilt.

2. An admission is the testimony which the party admitting bears to = the truth=20 of a fact against himself. It is a voluntary act,which he acknowledges = as true=20 the fact in dispute. [An admission and consent are, in fact, one and the = same=20 thing, unless indeed for more exactness we say, that consent is given to = a=20 present fact or agreement, and admission has reference to au agreement = or a fact=20 anterior for properly speaking, it is not the admission which forms a = contract,=20 obligation or engagement, against the party admitting. The admission is, = by its=20 nature, only the proof of a pre-existing obligation, resulting from the=20 agreement or the fact, the truth of which is acknowledged. There is = still=20 another remarkable difference between admission and consent: the first = is always=20 free in its origin, the latter, always morally forced. I may refuse to = consent=20 to a proposition made to me, abstain from a fact or an action which = would=20 subject me to an obligation ; but once my consent is given, or the = action=20 committed, I am no longer at liberty to deny or refuse either; I am = constrained=20 to admit, under the penalty of dishonor and infamy. But notwithstanding = all=20 these differences, admission is identified with consent, and they are = both the=20 manifestation of the will. These admissions are generally evidence of = those=20 facts, when the admissions themselves are proved.]

3. The admissibility and effect of evidence of this description will = be=20 considered generally, with respect to the nature and manner, of the = admission=20 itself and, secondly, with respect to the parties to be affected by = it.

4. In the first place, as to the nature and manner of the admission; = it is=20 either made with a view to evidence; or, with a view to induce others to = act=20 upon the representation; or, it is an unconnected or casual = representation.

5. =96 1. As an instance of admission made with a view to evidence = may be=20 mentioned the case where a party has solemnly admitted a fact under his = hand and=20 seal, in which case he is, estopped, not only from disputing the deed = itself,=20 but every fact which it recites. B. N. P. 298; 1 Salk. 186; Com. Dig. = Estoppel,=20 B 5; Stark. Ev. pt. 4, p. 3 1.

6. =96 2. Instances of thing second class of admissions which have = induced=20 others to act upon them are those where a man has cohabited with a = woman, and=20 treated her in the front of the world as his wife, 2 Esp. 637; or where = he. has=20 held himself out to the world in a particular character; Ib. 1 Camp. = 245; he=20 cannot in the one case deny her to be his Wife when sued by a creditor = who has=20 supplied her with goods as such, nor in the other can he divest himself = of the=20 character be has assumed.

7. =96 3. Where the admission or declaration is not direct to the = question=20 pending, although admissible, it is not in general conclusive evidence; = and=20 though a party may by falsifying his former declaration, show that he = has acted=20 illegally andimmorally, yet if he is not guilty of any breach of good = faith in=20 the existing transaction, and has not induced others, to act upon his = admission=20 or declaration, nor derived any benefit from it against his adversary, = be is not=20 bound by it. The evidence in such cases is merely presumptive, and = liable to be=20 rebutted.

8. Secondly, with respect to the parties to be affected by it. 1. By = a party=20 to a suit, 1 Phil. Ev. 74; 7 T. R. 563; 1 Dall. 65. The admissions of = the party=20 really interested, although he is no party to the suit, are evidence. 1 = Wils.=20 257.

9. =96 2. The admissions of a partner during the existence of a = partnership,=20 are evidence against both. 1 Taunt. 104; Peake's C. 203 1 Stark. C. 81. = See 10=20 Johns. R. 66 Ib. 216; 1 M. & Selw. 249. As to admissions made after = the=20 dissolution. of the partnership, see 3 Johns. R. 536; 15 Johns. R. 424 1 = Marsh.=20 (Kentucky) R. 189. According to the English decisions, it seems, the = admissions=20 of one partner, after the dissolution, have been holden to bind the = other=20 partner; this rule has been partially changed by act of parliament. = Colly. on=20 Part. 282; Stat. 9 Geo. IV. c. 14, (May 9, 1828.) In the Supreme Court = of the=20 United States, a rule, the reverse of the English, has been adopted, = mainly on=20 the ground, that the admission is a new contract or promise, springing = out of,=20 ana supported by the original consideration. 1 Pet. R. 351; 2 M'Lean, = 87. The=20 state courts have varied in their decisions some have adopted the = English rule;=20 and, in others it has been overruled. 2 Bouv. Inst. ii. 1517; Story, = Partn. 324;=20 3 Kent, Com. Lect. 43, p. 49, 4th ed.; 17 S. & R. 126; 15 Johns. R. = 409; 9=20 Cowen, R. 422; 4 Paige, R. 17; 11 Pick. R. 400; 7 Yerg. R. 534.

10. =96 3. By one of several persons who have a community of = interest. Stark,=20 Ev. pt. 4, p. 47; 3 Serg. & R. 9.

11. =96 4. By an agent, 1 Phil. Ev. 77-82 3 Paley Ag. 203-207.

12. =96 5. By an attorney, 4 Camp. 133; by wife, Paley, Ag. 139, n. 2 = Whart.=20 Dig. tit. Evidence, 0 7 T. R. 112 ; Nott & M'C. 374.

13. Admissions are express or implied. An express admission is one = made in=20 direct terms. An admission may be implied from the silence of the party, = and may=20 be presumed. As for instance, when the existence of the debt, or of the=20 particular right, has been asserted in his presence, and he has not = contradicted=20 it. And an aquiescence and endurance, when acts are done by another, = which if=20 wrongfully done, are encroachments, and call for resistance and = opposition, are=20 evidence, as a tacit admission that such acts could not be legally = resisted. See=20 2 Stark. C. 471. See, generally, Stark. Ev. part 4, tit. Admissions; 1 = Phil. Ev.=20 part 1, c. 5, s . 4; 1 Greenl. Ev. 169-212; 2 Evans' Pothier, 319; 8 = East, 549,=20 ii. 1; Com. Dig. Testemoigne, Addenda, vol. 7, p. 434; Vin. Abr. = Evidence, A, b.=20 2, A, b. 23 Ib. Confessions; this Dict. tit. Confessions, Examination; = Bac. Abr.=20 Evidence L.; Toullier, Droit, Civil Francais, tome 10, p. 375, 450; 3 = Bouv.=20 Inst. n. 3073.

ADMISSIONS, of attorneys and counsellors. To entitle = counsellors and=20 attorneys to practice in court, they must be admitted by the court to = practice=20 there. Different statutes and rules have been made to regulate their = admission;=20 they generally require a previous qualification by study under the = direction of=20 some practicing counsellor or attorney. See 1 Troub. & Haly's Pr. = 18; 1=20 Arch. Pr. 16; Blake's Pr. 30.

ADMISSIONS. in pleading. Where one party means to take = advantage of,=20 or rely upon some matter alleged by his adversary, and to make it part = of his=20 case, he ought to admit such matter in his own pleadings; as if either = party=20 states the title under which his adversary claims, in which instances it = ,is=20 directly opposite in its nature to a protestation. See Prote stando. But = where=20 the party wishes to prevent the application of his pleading to some = matter=20 contained in the pleading of his adversary, and therefore makes an = express=20 admission of such matter (which is sometimes the case,) in order to = exclude it=20 from the issue taken or the like, it is somewhat similar in operation = and=20 effect, to a protestation.

2. The usual mode of making an express admission in pleading, is, = after=20 saying that the plaintiff ought not to have or maintain his action, = &c., to=20 proceed thus, " Because he says that although it be true that" = &c.;repeating=20 such of the allegations of the adverse party as are meant to be = admitted.=20 Express admissions are only matters of fact alleged in the pleadings; it = never=20 being necessary expressly to admit their legal sufficiency, which is = always=20 taken for granted, unless some objection be made to them. Lawes' Civ. = Pl. 143,=20 144. See 1 Chit PI. 600; Arcbb. Civ. PI. 215.

3. In chancery pleadings, admissions are said to be plenary and = partial. They=20 are plenary by force of terms not only when the answer runs in this = form, "the=20 defendant admits it to be true," but also when he simply asserts, and = generally=20 speaking, when be says, that "he has been informed, and believes it to = be true,"=20 without adding a qualification such as, "that he does not know it of his = own=20 knowledge to be so, and therefore does not admit the same." Partial = admissions=20 are those which are delivered in terms of uncertainty, mixed up as they=20 frequently are, with explanatory or qualifying circumstances.

ADMISSIONS, in practice, It, frequently occurs in practice, = that in=20 order to save expenses as to mere formal proofs, the attorneys on each = side=20 consent to admit, reciprocally, certain facts in the cause without = calling for=20 proof of them.

2. These are usually reduced to writing, and the, attorneys shortly, = add to=20 this effect, namely, " We agree that the above facts shall on the trial = of this=20 cause be admitted, and taken as proved on each side;" and signing two = copies now=20 called, "admissions " in the cause, each attorney takes one. Gresl. Eq. = Ev. c.=20 2, p. 38.

ADMITTANCE, Eng. law. The act of giving possession of a = copyhold=20 estate, as livery of seisin is of a freehold; it is of three kinds, = namely=20 uponavoluntary grant by the lord) upon a surrender by the former tenant = and upon=20 descent.

ADMIITENDO IN SOCIUM. Eng. law. A writ associating certain = persons to=20 justices of assize.

ADMONITION. A reprimamd from a judge to a person accused, on = being=20 discharged, warning him of the consequences of his conduct, and = intimating to=20 him, that should he be guilty of the same fault for which he has been=20 admonished, he will be punished with greater severity. Merlin, Repert. = h. t.

2. The admonition was authorized by the civil law, as a species of = punishment=20 for slight misdemeanors. Vide Reprimand

ADNEPOS. A term employed by the Romans to designate male = descendants=20 in the fifth degree, in a direct line. This term is used in making = genealogical=20 tables.

ADOLESCENCE, persons. That age which follows puberty and = precedes the=20 age of majority; it commences for males at fourteen, and for females at = twelve=20 years completed, and continues till twenty-one years complete.

ADOPTION, civil law. The act by which a person chooses another = from a=20 strange family, to have all the rights of his own child. Merl. Repert. = h. t.;=20 Dig. 1, 7, 15, 1; and see Arrogation. By art. 232, of the civil code of=20 Louisiana, it is abolished in that state. It never was in use in any = other of=20 the United States.

ADROGATION, civil law. The adoption of one who was impubes, = that is,=20 if a male, under fourteen years of age; if a female, under twelve. Dig. = 1, 7,=20 17, 1.

ADULT, in the civil law. An infant who, if a boy, has attained = his=20 full age of fourteen years, and if a girl, her full age of twelve. = Domat, Liv.=20 Prel. t. 2, s. 2, n. 8. In the common law an adult is considered one of = full=20 age. 1 Swanst. R. 553.

ADULTERATION. This term denotes the act of mixing something = impure=20 with something pure, as, to mix an inferior liquor with wino; au = inferior=20 article with coffee, tea,.and the like.

ADULTERINE. A term used in the civil law to denote the issue = of an=20 adulterous intercourse. See Nicholas on Adulterine Bastardy.

ADULTERIUM. In the old records this word does not signify the = offence=20 of adultery, but the fine imposed for its commission. Barr. on the Stat. = 62,=20 note.

ADULTERY, criminal law. From ad and alter, another person; a = criminal=20 conversation, between a man married to another woman, and a woman = married to=20 another man, or a married and unmarriod person. The married person is = guilty of=20 adultery, the unmarried of fornicatiou. (q. v.) 1 Yeates, 6; 2 Dall. = 124; but=20 see 2 Blackf. 318.

2. The elements of this crime are, 1st, that there shall be an = unlawful=20 carnal connexion; 2dly, that the guilty party shall at the time be = married;=20 3dly, that he or she shall willingly commit the offence; for a woman who = has=20 been ravished against her will is not guilty of adultery. Domat, Supp. = du Droit=20 Public, liv. 3, t. 10, n. 13.

3. The punishment of adultery, in the United States, generally, is = fine and=20 imprisonment.

4. In England it is left to the feeble hands of the ecclesiastical = courts to=20 punish this offence.

5. Adultery in one of the married persons is good cause for obtaining = a=20 divorce by the innocent partner. See 1 Pick. 136; 8 Pick. 433; 9 Mass. = 492: 14=20 Pick. 518; 7 Greenl. 57; 8 Greenl. 75; 7 Conn. 267 10 Conn. 372; 6 Verm. = 311; 2=20 Fairf. 391 4 S. & R. 449; 5 Rand. 634; 6 Rand. 627; 8 S. & R. = 159; 2=20 Yeates, 278, 466; 4 N. H. Rep. 501; 5 Day, 149; 2 N. & M. 167.

6. As to proof of adultery, see 2 Greenl. 40, Marriage.

ADVANCEMENT. That which is given by a father to his child or=20 presumptive heir, by anticipation of whathe might inherit. 6 Watts, R. = 87; 17=20 Mass. R. 358; 16 Mass. R. 200; 4 S. & R. 333; 11 John. R. 91; = Wright, R.=20 339. See also Coop Just. 515, 575; 1 Tho. Co. Lit. 835, 6; 3 Do. 345, = 348; Toll.=20 301; 5 Vez. 721; 2 Rob. on Wills, 128; Wash. C. C. Rep. 225; 4 S. & = R. 333;=20 1 S. & R. 312; 3 Conn. Rep. 31; and post Collatio bonorum.

2. To constitute an advancement by the law of England, the gift must = be made=20 by the father and not by another, not even by the mother. 2 P. Wms. 856. = In=20 Pennsylvania a gift of real or personal estate by the father or mother = may be an=20 advancement. 1 S. & R. 427; Act 19 April 1794, 9; Act 8 April, 1833, = 16.=20 There are in the statute laws of the several states provisions relative = to real=20 and personal estates, similar in most respects to those which exist in = the=20 English statute of distribution, concerning an advancement to a child. = If any=20 child of the intestate has been advanced by him by settlement, either = out of the=20 real or personal estate, or both, equal or superior to the amount in = value of=20 the share of such child which would be due from the real and personal = estate, if=20 no such advancementhad been made, then such child and his descendants, = are=20 excluded from any share in the real or personal estate of the = intestate.

3. But if the advancement be not equal, then such child, and in case = of his=20 death, his descendants, are entitled to receive, from the real and = personal=20 estate, sufficient to make up the deficiency, and no more.

4. The advancement, is either express or implied. As to what is an = implied=20 advancement, see 2 Fonb. Eq. 121; 1 Supp. to Ves. Jr. 84; 2 lb. 57; 1 = Vern. by=20 Raithby, 88, 108, 216; 5 Ves. 421; Bac. Ab. h. t.; 4 Kent, Com. 173.

5. A debt due by a child to his father differs from an advancement. = In case=20 of a debt, the money due may be recovered by action for the use of the = estate,=20 whether any other property be left by the deceased or not; whereas, an=20 advancement merely bars the child's right to receive any part of his = father's=20 estate, unless he brings into hotch pot the property advanced. 17 Mass. = R. 93,=20 359. See, generally, 17 Mass. R. 81, 356; 4 Pick. R. 21; 4 Mass. R. 680; = 8 Mass.=20 R. 143; 10. Mass. R. 437; 5 Pick. R. 527; 7 Conn. R. 1; 6 Conn. R. 355; = 5=20 Paige's R. 318; 6 Watts' R. 86, 254, 309; 2 Yerg. R. 135; 3 Yerg. R. 95; = Bac.=20 Ab. Trusts, D; Math. on Pres. 59; 5 Hayw. 137; 11 John. 91; l Swanst. = 13; 1 Ch.=20 Cas. 58; 3 Conn. 31; 15 Ves. 43, 50; U. S. Dig. h. t.; 6 Whart. 370; 4 = S. &=20 R. 333; 4 Whart. 130, 540; 5 Watts, 9; 1 Watts & Serg. 390; 10 = Watts, R.=20 158; 5 Rawle, 213; 5 Watts, 9, 80; 6 Watts & Serg. 203. The law of = France in=20 respect to advancements is stated at length in Morl. Rep. de Jurisp. = Rapport a=20 succession.

ADVANCES, contracts. Said to take place when, a factor or = agent pays=20 to his principal , a sum of, money on the credit of goods belonging to = the=20 principal, which are placed, or are to be placed, in the possession of = the=20 factor or agent, in order to reimburse himself out of the proceeds of = the sale.=20 In such case the factor or agent has a lien to the amount of his claim. = Cowp. R.=20 251; 2 Burr. R. 931; Liverm. on Ag. 38; Journ. of Law, 146.

2. The agent or factor has a right not only to advances made to the = owner of=20 goods, but also for expenses and dishursements made in the course of his = agency,=20 out of his own moneys, on account of, or for the benefit of his = principal; such=20 as incidental charges forwarehouse-room, duties, freight, general = average,=20 salvage, repairs, journeys, and all other acts done to preserve the = property of=20 the principal, and to enable the agent to accomplish the objects of the=20 principal, are to be paid fully by the latter. Story on Bailm. 197; = Story on Ag.=20 335.

3. The advances, expenses and dishursements of the agent must, = however, have=20 been made in good faith, without any default on his part Liv. on Ag. = 14-16;=20 Smith on Merc. 56 Paley on Ag. by Lloyd, 109; 6 East, R. 392; 2 Bouv. = list. n.=20 1340.

4. When the advances and dishursements have been properly made, the = agent is=20 entitled not only to the return of the money so advanced, but to = interest upon=20 such advances and dishursements, whenever from the nature of the = business, or=20 the usage of trade, or the particular agreement of the parties, it may = be fairly=20 presumed to be stipulated for, or due to the agent. 7 Wend. R. 315; 3 = Binn. R.=20 295; 3 Caines' R. 226; 1 H. Bl. 303; 3 Camp. R. 467 15 East, R. 223; 2 = Bouv.=20 Inst. n. 1341. This just rule coincides with the civil law on this = subject. Dig.=20 17, 1, 12, 9; Poth. Pand. lib. 17, t. 1, n. 74.

ADVENTITIOUS, adventitius. From advenio; what comes = incidentally; us=20 adventitia bona, goods that, fall to a man otherwise than by = inheritance; or=20 adventitia dos, a dowry or portion given by some other friend beside the = parent.

ADVENTURE, bill of. A writing signed by a merchant, to testify = that=20 the goods shipped on board a certain vessel are at the venture of = another=20 person, he himself being answerable only for the produce. Techn. = Dict.

ADVENTURE, crim. law. See Misadventure.

ADVENTURE, mer. law. Goods sent abroad under the care of a = supercargo,=20 to be disposed of to the best advantage for the benefit of his = employers, is=20 called an adventure.

ADVERSARY. One who is a party in a writ or action opposed to = the other=20 party.

ADVERSE POSSESSION, title to lands. The enjoyment of land, or = such=20 estate as lies in grant, under such circumstances as indicate that such=20 enjoyment has been commenced and contiuued, under an assertion or color = of right=20 on the part of the possessor. 3 East, R. 394; 1 Pick. Rep. 466; 1 Dall. = R. 67; 2=20 Serg. & Rawle, 527; 10 Watts R, 289; 8 Con R. 440; 3 Penn. 132; 2 = Aik. 364;=20 2 Watts, 23; 9, John. 174; 18 John. 40, 355; 5 Pet. 402; 4 Bibb, 550. = Actual=20 possession is a pedis possessio which can be only of ground enclosed, = and only=20 such possession can a wrongdoer have. He can have no constructive = possession. 7=20 Serg. & R. 192; 3 Id. 517; 2 Wash. C. Rep. 478, 479.

2. When the possession or enjoyment has been adverse for twenty = years, of=20 which the jury are to judge from the circumstances the law raises the=20 presumption of a grant. Ang. on Wat. Courses, 85, et seq. But this = presumption=20 arises only when the use or occupation would otherwise have been = unlawful. 3=20 Greenl. R. 120; 6 Binn. R. 416; 6 Cowen, R. 617, 677; Cowen, R. 589; 4 = S. &=20 R. 456. See 2 Smith's Lead. Cas. 307-416.

3. There are four general rules by which it may be ascertained that=20 possession is not adverse; these will be separately considered.

4. =96 1. When both parties claim under the same title; as, if a man = seised of=20 certain land in fee, have issue two sons and die seised, and one of the = sons=20 enter by abatement into the land, the statute, of limitations will not = operate=20 against the other son; for when the abator entered into the land of his = father,=20 before entry made by his brother, the law intends that he entered = claiming as=20 heir to his father, by which title the other son also claims. Co. Litt = s.=20 396.

5. =96 2. When the possession of the one party is consistent with the = title of=20 the other; as, where, the rents of a trust state were received by a = cestui que=20 trust for more than twenty years after the creation of the trust, = without any=20 interference, of the trustee, such ppssession being consistent with and = secured=20 to the cestui qwe trust by the terms of the deed, the receipt was held = not to be=20 adverse to the title of the trustee. 8 East. 248.

6. =96 3. When, in contemplation of law, the claimant has never been = out of=20 possession; as, where Paul devised lands to John and his heirs, and = died, and=20 John died, and afterwards the heirs of John and a stranger entered, and = took the=20 profits for twenty years; upon ejectment brought by the devisee of the = heir of=20 John against the stranger, it was held that the perception of the rents = and=20 profits by the stranger was not adverse to the devisee's title; for when = two men=20 are in possession, the law adjudges it to be the possession of him who = has the=20 right. Lord Raym. 329.

7. =96 4. When the occupier has acknowledged the claimant's titles; = as, if a=20 lease be granted for a term, and, after paying the rent for the land = during such=20 term, the tenant hold for twenty years without paying rent, his = possession will=20 not be adverse. See Bos. & P. 542; 8 B. & Cr. 717; 2 Bouv. Inst. = n.=20 2193-94, 2351.

ADVERTISEMENT. A 'notice' published either in handbills or in = a=20 newspaper.

2. The law in many instances requires parties to advertise in order = to give=20 notice of acts which are to be done; in these cases, the advertisement = is in=20 general equivalent to notice.

3. When an advertisement contains the terms of sale, or description = of the=20 property to be sold, it will bind the seller; and if there be a material = misrepresentation, it may avoid the contract, or at least entitle the = purchaser=20 to a compensation and reduction from the agreed, price. Kapp's R. 344; 1 = Chit.=20 Pr. 295.

ADVICE, com. law. A letter containing information of any = circumstances=20 unknown to the person to whom it is written; when goods are forwarded by = sea or=20 land, the letter transmited to inform the consignee of the fact, is = termed=20 advice of goods, or letter of advice. When one merchant draws upon = another, he=20 generally advises him of the fact. These letters are intended to give = notice of=20 the facts they contain.

ADVICE, practice. The opinion given by counsel to their = clients; this=20 should never be done but upon mature deliberation to the best of the = counsel's=20 ability; and without regard to the consideration whether it will affect = the=20 client favorably or unfavorably.

ADVISEMENT. Consideration, deliberation, consultation; as the = court=20 holds the case under advisement.

ADVOCATE, civil and ecclesiastical law. 1. An officer who = maintains or=20 de fends the rights of his client in the same manner as the counsellor = does in=20 the common law.

2. Lord Advocate. An, officer of state in Scotland, appointed by the = king, to=20 advise about the making and executing the law, to prosecute capital = crimes,=20 &c.

3. College or faculty of advocates. A college consisting of 180 = persons,=20 appointed to plead in. all actions before the lords of sessions.

4. Church or ecclesiastical advocates. Pleaders appointed by the = church to=20 maintain its rights.

5. =96 2. A patron who has the advowson or presentation to a church. = Tech.=20 Dict.; Ayl. Per. 53; Dane Ab. c.,31, 20. See Counsellor at law; = Honorarium.

ADVOCATIA, civil law. This sometimes signifies the quality, or = functions, and at other times the privilege, or the territorial = jurisdiction of=20 an advocate, See Du Cange, voce Advocatia, Advocatio.

ADVOCATION, Scotch law. A writing drawn up in the form of a = petition,=20 called a bill of advocation, by which a party in an action applies to = the=20 supreme court to advocate its cause, and to call the action out of an = inferior=20 court to itself. Letters of advocation, are the decree or warrant of the = supreme=20 court or court of sessions, discharging the inferior tribunal from all = further=20 proceedings in the matter, and advocating the action to itself. This = proceeding=20 is similar to a certiorari (q. v.) issuing out of a superior court for = the=20 removal of a cause from an inferior.

ADVOCATUS. A pleader, a narrator. Bract. 412 a, 372 b.

ADVOWSON, ecclesiastical law. From advow or advocare, a right = of=20 presentation to a church or benefice. He who possesses this right is = called the=20 patron or advocate, (q. v.) when there is no patron, or he neglects to = exercise=20 his right within six months, it is called a lapse, i. e. a title is = given to the=20 ordinary to collate to a church; when a presentation is made by one who = has no=20 right it is called a usurpation.

2. Advowsons are of different kinds, as Advowson appendant, when it = depends=20 upon a manor, &c. =96 Advowson in gross, when it belongs to a person = and not=20 to a manor. =96 Advowson presentative, where the patron presents to the = bishop. =96=20 Advowson donative, where the king or patron puts the clerk into = possession=20 without presentation. =96 Advowson of the moiety of the church, where = there are=20 two several patrons and two incumbents in the same churcb. =96 A moiety = of=20 advowson, where two must join the presentation, of one incumbent. =96 = Advowson of=20 religious houses, that whicb is vested in the person who founded such a = house.=20 Techn. Dict.; 2 Bl. Com. 21; Mirehouse on Advowsons; Com. Dig. Advowson, = Quare=20 Impedit; Bac. Ab. Simony; Burn's Eccl. Law, h. t.; Cruise's Dig. Index, = h.=20 t.

AFFECTION, contracts. The making over, pawning, or mortgaging = a thing=20 to assurp the payment of a sum of money, or the discharge of some other = duty or=20 service. Techn. Diet.

AFFEERERS, English law. Those who upon oath settle and = moderate fines=20 in courts leet. Hawk. 1. 2, c. 112.

TO AFFERE, English law. Signifies either "to affere an = amercement," i.=20 e. to mitigate the rigor of a fine; or "to affere an account," that is, = to=20 confirm it on oath in the exchequer.

AFFIANCE, contracts. From affidare or dare fidem, to give a = pledge. A=20 plighting of troth between a man and woman. Litt. s. 39. Pothier, Traite = du=20 Mariage, n. 24, defines it to be a an agreement by which a man and a = woman=20 promise each other that they will marry together. This word is used by = some=20 authors as synonymous with marriage. Co. Litt. 34, a, note 2. See Dig. = 23, 1=20 Code 5, 1, 4; Extrav. 4, 1.

AFFIDARE. To plight one's faith, or give fealty, i. e. = fidelity by=20 making oath, &c. Cunn. Dict. h. t.

AFFIDATIO DOMINORUM, Eng. law. An oath taken by a lord in=20 parliament.

AFFIDAVIT, practice. An oath or affirmation reduced to = writing, sworn=20 or affirmed to before some officer who has authority to administer it. = It=20 differs from a deposition in this, that in the latter the opposite party = has had=20 an opportunity to cross-examine the witness, whereas an affidavit is = always=20 taken ex parte. Gresl. Eq. Ev. 413. Vide Harr. Dig. h. t.

2. Affidavit to hold to bail, is in many cases required before the = defendant=20 can be arrested; such affidavit must be made by a person who is = acquainted with=20 the fact, and must state, 1st, an indebtedness from the defendant to the = plaintiff; 2dly, show a distinct cause of action; 3dly, the whole must = be=20 clearly and certainly, expressed. Sell. Pr. 104; 1 Chit. R. 165; S. C. = 18 Com.=20 Law, R. 59 note; Id. 99.

3. An affidavit of defence, is made by a defendant or a person = knowing the=20 facts, in which must be stated a positive ground of defence on the = merits. 1=20 Ashm. R. 4, 19, n. It has been decided that when a writ of summons has = been=20 served upon three defendants, and only one appears, a judgment for want = of an=20 affidavit of defence may be rendered against au. 8 Watts, R. 367. Vide = Bac. Ab.=20 h. t.

AFFINITAS AFFINITATIS. That connexion between two persons = which has=20 neither consanguinity nor affinity; as, the connexion between the = hushand's=20 brother and the wife's sister. This connexion is formed not between the = parties=20 themselves, nor between one of spouses and the kinsmen of the other, but = between=20 the kinsmen of both. Ersk. Inst. B, 1, tit. 6, s. 8.

AFFINITY. A connexion formed by marriage, which places the = hushand in=20 the same degree of nominal propinquity to the relations of the wife, as = that in=20 which she herself stands towards them, and gives to the wife the same = reciprocal=20 connexion with the relations of the hushand. It is used in = contradistinction to=20 consanguinity. (q. v.) It is no real kindred.

2. Affinity or alliance is very different from kindred. Kindred are=20 relations. by blood; affinity is the tie which exists between one of the = spouses=20 with the kindred of the other; thus, the relations, of my wife, her = brothers,=20 her sisters, her uncles, are allied to me by affinity, and my brothers, = sistors,=20 &c., are allied in the same way to my wife. But my brother and the = sister of=20 my wife are not allied by the ties of affinity: This will appear by the=20 following paradigms

My wife's father ---| | | | | -----------------| | | | |-- are all = allied to=20 me. Ego ----- My Wife 0 My wife's sister ---| | | 0 My wife's niece ---| = My=20 wife's father, ---| My Father | |My brother | | |and my wife's | | = |sister are=20 |---------------| |----------| |not allied | | | | |to each other My = brother Ego=20 ---- My wife, My wife's sister, |

3. A person cannot, by legal succession, receive an inheritance from = a=20 relation by affinity; neither does it extend to the nearest relations of = hushand=20 and wife, so as to create a mutual relation between them. The degrees of = affinity are computed in the same way as those of consanguinity. See = Pothier,=20 Traite du Mariage, part 3, ch. 3, art. 2, and see 5 M. R. 296; Inst. 1, = 10, 6;=20 Dig. 38, 10, 4, 3; 1 Phillim. R. 210; S. C. 1 Eng. Eccl. R. 72; article=20 Marriage.

TO AFFIRM, practice. 1. To ratify or confirm a former law or = judgment,=20 as when the supreme court affirms the judgment of the court of common = pleas. 2.=20 To make an affirmation, or to testify under an affirmation.

AFFIRMANCE. The confirmation of a voidable act; as, for = example, when=20 an infant enters into a contract, which is not binding upon him, if, = after=20 attaining his full age, he gives his affirmance to it, he will = thereafter be=20 bound, as if it had been made when of full age. 10 N. H. Rep. 194.

2. To be binding upon the infant, the affirmance must be made after = arriving=20 of age, with a full knowledge that it would be void without such = confirmation.=20 11 S. & R. 305.

3. An affirmance may be express, that is, where the party declares = his=20 determination of fulfilling the contract; but a more acknowledgment is = not=20 sufficient. Dudl. R, 203. Or it may be implied, as, for example, where = an infant=20 mortgaged his land and, at full age, conveyed it, subject to the = mortgage. 15=20 Mass. 220. See 10 N. H. Rep. 561.

AFFIRMANCE-DAY, GENERAL. In the English Court of Exchequer, is = a day=20 appointed by the judges of the common pleas, and barons of the = exchequer, to be=20 held a few days after the beginning of every term for the general = affirmance or=20 reversal of judgments. 2 Tidd. 1091.

AFFIRMANT, practice. One who makes affirmation instead of = making oath=20 that the evidence which he is about to give shall be the truth, as if he = had=20 been sworn. He is liable to all the pains and penalty of perjury, if he = shall be=20 guilty of wilfully and maliciously violating his affirmation.

AFFIRMATION, practice. A solemn declaration and asseveration, = which a=20 witness makes before an officer, competent to administer an oath in a = like case,=20 to tell the truth, as if be had been sworn.

2. In the United States, generally, all witnesses who declare = themselves=20 conscientiously scrupulous against taking a corporal oath, are permitted = to make=20 a solemn affirmation, and this in all cases, as well criminal as = civil.

3. In England, laws have been enacted which partially relieve persons = who,=20 have conscientious scruples against taking an oath, and authorize them = to make=20 affirmation. In France, the laws which allow freedom of religious = opinion, have=20 received the liberal construction that all persons are to be sworn or = affirmed=20 according to the dictates of their consciences; and a quaker's = affirmation has=20 been received and held of the same effect as an oath. Merl. Quest. de = Droit, mot=20 Serment, 1.

4. The form is to this effect: "You, A B, do solemnly, sincerely, and = truly=20 declare and affirm," &c. For the violation of the truth in such = case, the=20 witness is subject to the punishment of perjury " as if he had been = sworn.

5. Affirmation also means confirming; as, an affirmative statute.

AFFIRMATiVE. Averring a fact to be true; that which is opposed = to=20 negative. (q. v.)

2. It is a general rule of evidence that the affirmative of the issue = must be=20 proved. Bull. N. P. 298 ; Peake, Ev. 2.

3. But when the law requires a person to do an act, and the neglect = of it,=20 will render him guilty and punishable, the negative must be proved, = because=20 every man is presumed to do his duty and in that case they who affirm he = did=20 not, must prove it. B. N. P. 298; 1 Roll. R. 83; Comb. 57; 3 B.& P. = 307; 1=20 Mass. R. 56.

AFFIRMATIVE PREGNANT, Pleading. An affirmative allegation, = implying=20 some negative, in favor of the adverse party, for example, if to an = action of=20 assumpsit, which is barred by the act of limitations of six years, the = defendant=20 pleads that be did not undertake &c. within ten years; a replication = that he=20 did undertake, &c. within ten years, would be an affirmative = pregnant; since=20 it would impliedly admit that the defendant had not promised within six = years.=20 As no proper issue could be tendered upon such plea the plaintiff = should, for=20 that reason, demur to it. Gould, PI. c. 6 29, 37; Steph. PI. 381; Lawes, = Civ.=20 PI. 113; Bac. Ab. Pleas, N 6.

AFFORCE, AFFORCEMENT OF THE ASSIZE, Old English law, practice. = An=20 ancient practice in trials by jury, which is explained by Bracton, (fo. = 185, b.=20 292 a) and by the author of Fleta, lib. 4, cap. 9, 2. It consisted in = adding=20 other jurors to the panel of jurors, after the cause had been committed = to them,=20 in case they could not agree in a verdict. The author of Fleta (ubi sup) = thus=20 describes it. The oath having been administered to the jury, the = (prenotarius)=20 prothonotary, addressed them thus: "You will say upon the oath you have = taken,=20 whether such a one unjustly and without judgment disseized such a one of = his=20 freehold in such a ville within three years or not." The justices also = repeat=20 for the instruction of, the jurors the plaint of the plaintiff, &c. = The=20 jurors then retire and confer together, &c.;If the jurors differ = among=20 themselves and cannot agree in one (sententiam) finding, it will be in = the=20 discretion of the judges, &c; to afforce the assize by others, = provided=20 there remain of the jurors summoned many as the major party of the = dissenting=20 jurors; or they may compel the same jurors to unanimity, viz. by = directing the=20 sheriff to keep them safely without, meat or drink until they agree. The = object=20 of adding to the panel a number equal to the major party of the = dissenting=20 jurors, was to ensure a verdict by twelve of them, if the jurors thus = added to=20 the panel should concur with the minor party of the dissenting jurors. = This=20 practice of afforcing the assize, was in reality a second trial of the = cause,=20 and was abandoned, because the courts found it would save delay and = trouble by=20 insisting upon unanimity. The practice of confining jurors without meat = and=20 drink in order to enforce unanimity, has in more modern times also been=20 abandoned and the more rational practice adopted of discharging the jury = and=20 summoning a new one for the trial of the cause, in cases where they = cannot=20 agree. This expedient for enforcing unanimity was probably introduced = from the=20 canon law, as we find it was resorted to on the continent, in other = cases where=20 the unanimity of a consultative or deliberative body was deemed = indispensable.=20 See Barring. on Stats. 19, 20; 1, Fournel, Hist. des Avocats, 28, = note.

TO AFFRANCHISE. To make free.

AFFRAY, criminal law. The fighting of two or more persons, in = some=20 public place, to the terror of the people.

2. To constitute this offence there must be, 1st, a fighting; 2d, the = fighting must be between two or more persons; 3d, it must be in some = public=20 place ; 4th, it must be to the terror of the people.

3. It differs from a riot, it not being premeditated; for if any = persons meet=20 together upon any lawful or innocent occasion, and happen on a sudden to = engage=20 in fighting, they are not guilty of a riot but an affray only; and in = that case=20 none are guilty except those actually engaged in it. Hawk. b. 1, c. 65, = s. 3 ; 4=20 Bl. Com. 146; 1 Russell, 271.

AFFREIGHTMEET, Com. law. The contract by which a vessel or the = use of=20 it, is let out to hire. See Freight; General ship.

AFORESAID. Before mentioned; already spoken of. This is used = for the=20 purpose of identifying a person or thing; as where Peter, of the city of = Philadelphia, has been mentioned; when it is necessary to speak of him, = it is=20 only requisite to say Peter aforesaid, and if the city of Philadelphia, = it may=20 be done as the city of Philadelphia, aforesaid.

AFORETHOUGHT, crim. law. Premeditated, prepense; the length of = time=20 during which the accused has entertained the thought of committing the = offence=20 is not very material, provided he has in fact entertained such thought; = he is=20 thereby rendered criminal in a greater degree than if he had committed = the=20 offence without. premeditation. Vide Malice; aforethought; Premeditation = 2 Chit.=20 Cr. 785; 4 Bl. Com. 199; Fost. 132, 291, 292; Cro. Car. 131; Palm. 545; = W.=20 Jones, 198; 4 Dall. R. 146; 1 P. A. Bro. App. xviii.; Addis. R. 148; 1 = Ashm. R.=20 289.

AFTERMATH. A right to have the last crop of grass or = pasturage. 1=20 Chit. Pr. 181.

AGAINST THE FORM OF THE STATUTE. When a statute prohibits a = thing to=20 be done, and an action is brought for the breach of the statute, the = declaration=20 or indictment must conclude against the form of the statute. See Contra = formam=20 statuti.

AGAINST THE WILL, pleadings. In indictments for robbery from = the=20 person, the words "feloniously and against the will," must be = introduced; no=20 other words or phrase will sufficiently charge the offence. 1 Chit. Cr. = 244.

AGARD. An old word which signifies award. It is used in = pleading, as=20 nul agard, no award;

AGE. The time when the law allows persons to do acts which, = for want=20 of years, they were prohibited from doing before. See Coop. Justin. = 446.

2. For males, before they arrive at fourteen years they are said not = to be of=20 discretion; at that age they may consent to marriage and choose a = guardian.=20 Twenty-one years is full age for all private purposes, and the may then = exercise=20 their rights as citizens by voting for public officers; and are eligible = to all=20 offices, unless otherwise provided for in the constitution. At 25, a man = may be=20 elected a representative in Congress; at 30, a senator; and at 35, he = may be=20 chosen president of the United States. He is liable to serve in the = militia from=20 18 to 45. inclusive, unless exempted for some particular reason.

3. As to females, at 12, they arrive at years of discretion and may = consent=20 to marriage; at 14, they may choose a guardian; and 21, as in males, is = fun Age,=20 when they may exercise all the rights which belong to their sex.

4. In England no one can be chosen member of parliament till he has = attained=20 21 years; nor be ordained a priest under the age of 24; nor made a = bishop till=20 he has completed his 30th year. The age of serving in the militia is = from 16 to=20 45 years.

5. By the laws of France many provisions are made in respect to age, = among=20 wbich are the following. To be a member of the legislative body, the = person must=20 have attained 40 years; 25, to be a judge of a tribunal de remiere = instance; 27,=20 to be its president, or to be judge or clerk of a cour royale ; 30, to = be its=20 president or procureur general; 25, to be a justice of the peace; 30, to = be=20 judge of a tribunal of commerce, and 35, to be its president; 25, to be = a notary=20 public; 21, to be a testamentary witness; 30, to be a juror. At 16, a = minor may=20 devise one half of his, property as if he were a major. A male cannot = contract=20 marriage till after the 18th year, nor a female before full 15 years. At = 21,=20 both males and females are capable to perform all the act's of civil = life.. =96=20 Toull. Dr. Civ. Fr. Liv. 1, Intr. n. 188.

6. In the civil law, the age of a man was divided as follows: namely, = the=20 infancy of males extended to the full accomplishment of the 14th year; = at 14, he=20 entered the age of puberty, and was said to have acquired full puberty = at 18=20 years accomplished, and was major on completing his 25th year. A female = was an=20 infant =96 til 7 years; at 12, she entered puberty, and accquired full = puberty at=20 14; she became of fall age on completing her 25th year. Lecons Elem. du = Dr. Civ.=20 Rom. 22.See Com. Dig. Baron and Feme, B 5, Dower, A, 3, Enfant, C 9, 10, = 11, D=20 3, Pleader, 2 G 3, 2 W 22, 2 Y 8; Bac. Ab. Infancy and Age; 2 Vin. Ab. = 131;=20 Constitution of the United States; Domat. Lois Civ.tome 1, p. 10; = Merlin,=20 Repert. de Jurisp. mot Age; Ayl. Pand. 62; 1 Coke Inst. 78; 1 Bl. Com. = 463. See=20 Witness.

AGE-PRAYER, AGE-PRIER, oetatis precatio. English law, = practise. Wnen=20 an action is brought against an infant for lands which he hath by = descent, he=20 may show this to the court, and pray quod loquela remaneat until he = shall become=20 of age; which is called his age-prayer. Upon this being ascertained, the = proceedings are stayed accordingly. When the lands did not descend, he = is not=20 allowed this privilege. 1 Lilly's Reg. 54.

AGED WITNESS. When a deposition is wanted to be taken on = account of=20 the age of a witness, he must be at least seventy years old to be = considered an=20 aged witness. Coop. Eq. PI. 57; Amb. R. 65; 13 Ves. 56, 261.

AGENCY, contracts. An agreement, express , or implied, by = which one of=20 the parties, called the principal, confides to the other, denominated = the agent,=20 the management of some business; to be transacted in his name, or on his = account, and by which the agent assumes to do the business and to render = an=20 account of it. As a general rule, whatever a man do by himself, except = in virtue=20 of a delegated authority, he may do by an agent. Combee's Case, 9 Co. = 75. Hence=20 the maxim qui facit per alium facit per se.

2. When the agency express, it is created either by deed, or in = writing not=20 by deed, or verbally without writing. 3 Chit. Com. Law 104; 9 Ves. 250; = 11 Mass.=20 Rep. 27; Ib. 97, 288; 1 Binn. R. 450. When the agency is not express, it = may be=20 inferred from the relation of the parties and the nature of the = employment,=20 without any proof of any express appointment. 1 Wash. R. 19; 16 East, R. = 400; 5=20 Day's R. 556.

3. The agency must be antecedently given, or subsequently adopted; = and in the=20 latter case there must be an act of recognition, or an acquiescence in = the act=20 of the agent, from which a recognition may be fairly implied. 9 Cranch, = 153,=20 161; 26 Wend. 193, 226; 6 Man. & Gr. 236, 242; 1 Hare & Wall. = Sel. Dec.=20 420; 2 Kent, Com. 478; Paley on Agency; Livermore on Agency.

4. An agency may be dissolved in two ways =96 1, by the act of the = principal or=20 the agent; 2, by operation of law.

5. =96 1. The agency may be dissolved by the aet of one of the = parties. 1st. As=20 a general rule, it may be laid down that the principal has a right to = revoke the=20 powers which he has given; but this is subject to some exception, of = which the=20 following are examples. When the principal has expressly stipulated that = the=20 authority shall be irrevocable, and the agent has an interest in its = execution;=20 it is to be observed, however, that although there may be an express = agreement=20 not to revoke, yet if the agent has no interest in its execution, and = there is=20 no consideration for the agreement, it will be considered a nude pact, = and the=20 authority may be revoked. But when an authority or power is coupled with = an=20 interest, or when it is given for a valuable consideration, or when it = is a part=20 of a security, then, unless there is an express stipulation that it = shall be=20 revocable, it cannot be revoked, whether it be expressed on the face of = the=20 instrument giving the authority, that it be so, or not. Story on Ag. = 477; Smith=20 on Merc. L. 71; 2 Liv. on Ag. 308; Paley on Ag. by Lloyd, 184; 3 Chit. = Com. f.=20 223; 2 Mason's R. 244; Id. 342; 8 Wheat. R. 170; 1 Pet. R. 1; 2 Kent, = Com. 643,=20 3d edit.; Story on Bailm. 209; 2 Esp. R. 665; 3 Barnw. & Cressw. = 842; 10=20 Barnw. & Cressw. 731; 2 Story, Eq. Jur. 1041, 1042, 1043

6. =96 2. The ageacy may be determined by the renunciation of the = agent. If the=20 renunciation be made after it has been partly executed, the agent by = renouncing=20 it, becomes liable for the damages which may thereby be sustained by his = principal. Story on Ag. 478; Story on Bailm. 436; Jones on Bailm. 101; 4 = John r.=20 84.

7. =96 2 The agency is revoked by operation of law in the following = cases: 1st.=20 When the agency terminates by the expiration of the period, during which = it was=20 to exist, and to have effect; as, if an agency be created to endure a = year, or=20 till the happening of a contingency, it becomes extinct at the end or on = the=20 happening of the contingency.

8. =96 2. When a change of condition, or of state, produces an = incapacity in=20 either party; as, if the principal, being a woman, marry, this would be = a=20 revocation, because the power of creating an agent is founded on the = right of=20 the principal to do the business himself, and a married woman has no = such power.=20 For the same reason, when the principal becomes insane, the agency is = ipso facto=20 revoked. 8 Wheat. R. 174, 201 to @04; Story on Ag. 481; Story on Bailm. = 206. 2=20 Liv. on Ag. 307. The incapacity of the agent also amounts to a = revocation in=20 law, as in case of insanity, and the like, which renders an agent = altogether=20 incompetent, but the rule does not reciprocally apply in its full = extent. For=20 instance, an infant or a married woman may in some cases be agents, = althouah=20 they cannot act for themselves. Co. Litt. 52a.

9. =96 3. The death of either principal or agent revokes the agency, = unless in=20 cases where the agent has an interest in the thing actually vested in = the agent.=20 8 Wheat. R. 174; Story on Ag. 486 to 499; 2 Greenl. R. 14, 18; but see 4 = W.=20 & S. 282; 1 Hare & Wall. Sel. Dec. 415.

10. =96 4. The agency is revoked in law, by the extinction of the=20 subject-matter of the agency, or of the principal's power over it, or by = the=20 complete execution of the trust. Story on Bailm. 207, Vide generally, 1 = Hare=20 & Wall. Sel. Dec. 384, 422; Pal. on Ag.; Story on Ag.; Liv. on Ag.; = 2 Bouv.=20 Inst. n. 1269-1382.

AGENT, practice. An agent is an attorney who transacts the = business of=20 another attorney.

2. The agent owes to his principal the unremitted exertions of his = skil and=20 ability, and that all his transactions in that character, shall be = distinguished=20 by punctuality, honor and integrity. Lee's Dict. of Practice.

AGENT, international law. One who is employed by a prince to = manage=20 his private affairs, or, those of his subjects in his name, near a = foreign,=20 government. Wolff, Inst. Nat. 1237.

AGENT, contracts. One who undertakes to manage some affair to = be=20 transacted for another, by his authority on account of the latter, who = is called=20 the principal, and to render an account of it.

2. There are various descriptiona of agents, to whom different = appellations=20 are given according to the nature of their employments; as brokers, = factors,=20 supercargoes, attorneys, and the like; they are all included in this = general=20 term. The authority is created either by deed, by simple writing, by = parol, or=20 by mere employment, according to the capacity of the parties, or the = nature of=20 the act to be done. It is, therefore, express or implied. Vide = Authority.

3. It is said to be general or special with reference to its object, = i.e.,=20 according as it is confined to a single act or is extended to all acts = connected=20 with a particular emplowment.

4. With reference to the manner of its execution, it is either = limited or=20 unlimited, i. e. the agent is bound by precise instructions, (q. v.) or = left to=20 pursue his own discretion. It is the duty of an agent, 1, To perform = what he has=20 undertaken in relation to his agency. 2, To use all necessary care. 3, = To render=20 an account. Pothier, Tr. du Contrat de Mandat, passim; Paley, Agency, 1 = and 2; 1=20 Livrm. Agency, 2; 1 Suppl. to Ves. Jr. 67, 97, 409; 2 Id. 153, 165, 240; = Bac.=20 Abr. Master and Servant, 1; 1 Ves. Jr. R. 317. Vide Smith on Merc. Law, = ch. 3,=20 p. 43,. et seq. and the articles Agency, Authority, and Principal.

5. Agents are either joint or several. It is a general rule of ther = common=20 law, that when an authority is given to two or more persons to do an = act, and=20 there is no several authority given, all the ageuts must concur in doing = it, in=20 order to bind the principal. 3 Pick. R. 232; 2 Pick. R. 346; 12 Mass. R. = 185;=20 Co. Litt. 49 b, 112 b, 113, and Harg. n. 2; Id. 181 b. 6 Pick. R. 198 6 = John. R.=20 39; 5 Barn. & Ald. 628.

6. This rule has been so contrued that when the authority is given = jointly=20 and severally to three person, two cannot properly execute it; it must = be done=20 by all or by one only. Co. Litt. 181 b; Com. Dig. Attorney, C 11; but if = the=20 authority is so worded that it is apparent, the principal intended to = give power=20 to either of them, an execution by two will be valid. Co. Litt. 49 b; = Dy. R. 62;=20 5 Barn. & Ald. 628. This rule aplies to private agencies: for, in = public=20 agencies an authority executed by a major would be sufficient. 1 Co. = Litt. 181b;=20 Com. Dig. Attorney, C 15; Bac. Ab. Authority, C; 1 T. R. 592.

7. The rule in commercial transactions however, is very different; = and=20 generally when there are several agents each possesses the whole power. = For=20 example, on a consignment of goods for sale to two factors, (whether = they are=20 partners or not,) each of them is understood to possess the whole power = over the=20 goods for the purposes of the consigment. 3 Wils. R. 94, 114; Story on = Ag.=20 43.

8. As to the persons who are capable of becoming agents, it may be = observed,=20 that but few persons are excluded from acting as agents, or from = exercising=20 authority delegated to them by others. It is not, therefore, requisite = that a=20 person be sui juris, or capable of acting in his own right, in order to = be=20 qualified to act for others. Infants, femes covert, persons attainted or = outlawed, aliens and other persons incompetent for many purposes, may = act as=20 agents for others. Co. Litt. 62; Bac. Ab. Authority, B; Com. Dig. = Attorney, C 4;=20 Id. Baron and Feme, P 3; 1 Hill, S. Car. R. 271; 4 Wend. 465; 3 Miss. R. = 465; 10=20 John. R. 114; 3 Watts, 39; 2 S. & R. 197; 1 Pet. R. 170.

9. But in the case of a married woman, it is to be observed, that she = cannot=20 be an agent for another when her husband expressly dissents, = particularly when=20 he may be rendered liable for her acts. Persons who have clearly no=20 understanding, as idiots and lunatics cannot be agents for others. Story = on Ag.=20 7.

10. There is another class who, though possessing understanding, are=20 incapable of acting as agents for others; these are persons whose duties = and=20 characters are incompatible with their obligations to the principal. For = example, a person cannot act as agent in buying for another, goods = belonging to=20 himself. Paley on Ag. by Lloyd, 33 to 38; 2 Ves. Jr. 317.

11. An agent has rights which he can enforce, and is, liable to = obligations=20 which he must perform. These will be briefly considered:

1. The rights to which agents are entitled, arise from obligations = due to=20 them by their principals, or by third persons.

12 =96 1. Their rights against their principals are, 1., to receive a = just=20 compensation for their services, when faithfully performed, in execution = of a=20 lawful agency, unless such services, are entirely gratuitous, or the = agreement=20 between the parties repels such a claim; this compensation, usually = called a=20 commission, is regulated either by particulaar agreement, or by the = usage of=20 trade, or the presumed intention of the parties. 8 Bing. 65; 1 Caines, = 349; 2=20 Caines, 357.

2. To be reimbursed all their just advances, expenses and = disbursemnts made=20 in the course of their agency, on account of, or for the benefit of = their=20 principal; 2 Liverm. on Ag. 11-23; Story on Ag. 335; Story on Bailm. = 196; Smith=20 on Mer. Law, 56; 6 East, 392; and also to be paid interest upon such = advances,=20 whenever from the nature of the business, or the usage of trade, or the=20 particular agreement of the parties, it may be fairly presumed to have = been=20 stipulated for, or due to the agent. 7 Wend. 315; 3 Binn. 295; 3 Caines, = 226; 3=20 Camp. 467; 15 East, 223.

13. Besides the personal remedies which an agent has to enfored his = claims=20 against his principal for his commissions and, advancements, he has a = lien upon=20 the property of the principal in his hand. See Lien, and Story on Ag. = 351 to=20 390.

14. =96 2. The rights of agents against third penons arise, either on = contracts=20 made between such third persons and them, or in consequence of torts = committed=20 by the latter. 1. The rights of agents against third persons on = contracts, are,=20 1st, when the contract is in writing and made expressly with the agent, = and=20 imports to be a contract personally with him, although he may be known = to act as=20 an agent; as, for example, when a promissory note is given to the agent = as such,=20 for the benefit of his principal, and the promise is to pay the money to = the=20 agent, oe nomine. Story on Ag. 393, 394; 8 Mass. 103; see 6 S.& R. = 420; 1=20 Lev. 235; 3 Camp. 320; 5 B.& A. 27. 2d. When the agent is the only = known or=20 ostensible pincipal, and therefore, is in contemplation of law, the real = contracting party. Story on Ag. 226, 270, 399. As, if an agent sell = goods of his=20 principal in his own name, as if he were the owner, he is entitled to = sue the=20 buyer in his own name; although his prncipal may also sue. 12 Wend. 413; = 5=20 M.& S. 833. And on the other hand, if he so buy, he may enforce the = contract=20 by action. 3d. When, by the usage of trade, the agent is authorized to = act as=20 owner, or as a principal contracting party, although his character as = agent is=20 known, he may enforce his contract by action. For example, an auctioner, = who=20 sells the goods of another may maintain an action for the price, because = he has=20 a possession coupled with an interest in the goods, and it is a general = rule,=20 that whenever an agent, though known as such, has a special property in = the=20 subject-matter of the contract, and not a bare-custody, or when he has = acquired=20 an interest, or has a lien upon it, he may sue upon the contract. 2 Esp. = R. 493;=20 1 H. Bl. 81, 84; 6 Wheat. 665; 3 Chit. Com.Law, 10; 3 B. & A. 276. = But this=20 right to bring an action by agents is subordinate to the rights of the=20 principal, who may, unless in particular cases, where the agent has a = lien, or=20 some other vested right, bring a suit himself, and suspend or extinguish = the=20 right of the agent. 7 Taunt. 237, 243; 2 Wash. C. C. R. 283. 2. Agents = are=20 entitled to actions against third persons for torts committed against = them in=20 the course of their agency. 1st. They may maintain actions, of trespass = or=20 trover against third persons for any torts or injuries affecting their=20 possession of the goods which they hold as agents. Story on Ag. 414; 13 = East,=20 135; 9 B. & Cressw. 208; 1 Hen. Bl. 81. 2d. When an agent has been = induced=20 by the fraud of a third person to sell or buy goods for his principal, = and he=20 has sustained loss, he may maintain an action against such third person = for such=20 wrongful act, deceit, or fraud. Story on Ag. 415.

15 =96 2. Agents are liable for their acts, 1, to their principals; = and 2, to=20 third person.

16. =96 1. The liabilities of agents to their principals arise from a = violation=20 of their duties and obligations to the principal, by exceeding their = authority,=20 by misconduct, or by any negligence or omission, or act by which the = principal=20 sustains a loss. 3 B. & Adol. 415; 12 Pick. 328. Agents may become = liable=20 for damages and loss under a special contract, contrary to the general = usages of=20 trade. They may also become responsible when charging a del credere = commission.=20 Story on Ag. 234.

17. =96 2. Agents become liable to third persons; 1st, on their = contract; 1,=20 when the agent, undertakes to do an act for another, and does not = possess a=20 sufficient authority from the principal, and that is unknown to the = other party,=20 he will be considered as having acted for himself as a principal. 3 B. 9 = Adol.=20 114. 2. When the agent does not disclose his agency, he will be = considered as a=20 principal; 2 Ep. R. 667; 15 East, 62; 12 Ves. 352; 16 Martin's R. 530; = and, in=20 the case of agents or factors, acting for merchants in a foreign = country, they=20 will be considered liable whether they disclose their principal or not, = this=20 being the usage of the trade; Paley on Ag. by Lloyd, 248, 373; 1 B.& = P. 368;=20 but this presumption may be rebutted by proof of a contrary agreement. = 3. The=20 agent will be liable when he expressly, or by implication, incurs a = personal=20 responsibility. Story on Ag. 156-159. 4. When the agent makes a contract = as=20 such, and there is no other responsible as principal, to whom resort can = be had;=20 as, if a man sign a note as "guardian of AB," an infant; in that case = neither=20 the infant nor his property will be liable, and the agent alone will be=20 responsible. 5 Mass. 299; 6 Mass., 58. 2d. Agents become liable to third = persons=20 in regard to torts or wrongs done by them in the course of their agency. = A=20 distinction has been made, in relation to third persons, between acts of = misfeasance and non-feasance: an agent is, liable for the former, under = certain=20 circumstances, but not for the latter; he being responsible for his = non-feasance=20 only to his principal. Story on Ag. 309, 310. An agent is liable for = misfeasance=20 as to third persons, when, intentionally or ignorantly, he commits a = wrong,=20 although authorized by his principal, because no one can lawfully = authorize=20 another to commit a wrong upon the rights or property of another. 1 = Wils. R.=20 328; 1 B. & P. 410. 3d. An agent is liable to refund money, when = payment to=20 him is void ab initio, so that, the money was never received for the use = of his=20 principal, and he is consequently not accountable to the latter for it, = if he=20 has not actually paid it over at the time he receives notice of the = take. 2=20 Cowp. 565; 10 Mod. 233; M.& S. 344. But unless "caught with the = money in his=20 possession," the agent is not responsible. 2 Moore, 5; 8 Taunt. 136; 9 = Bing.=20 878; 7 B.& C. 111; 1 Cowp. 69; 4 Taunt. 198. This last rule is, = however,=20 subject to this qualification, that the money shall have been lawfully = received=20 by the agent; for if, in receiving it, the agent was a wrongdoer, he = will not be=20 exempted from liability by payment to his principal. 1 Campb. 396; 8 = Bing. 424;=20 1 T. R. 62; 2 Campb. 122; 1 Selw. N. P. 90, n.; 12 M. & W. 688; 6 = A.&=20 Ell. N. S. 280; 1 Taunt. 359; 3 Esp. 153. See Diplomatic agent.

AGENT AND PATIENT. This phrase is used to indicate the state = of a=20 person who is required to do a thing, and is at the same time the person = to wbom=20 it is done; as, when a man is indebted to another, and he appoints him = his=20 executor, the latter is required to pay the debt in his capacity of = executor,=20 and entitled to receive it in his own right, he is then agent and = patient.=20 Termes de la ley.

AGGRAVATION, crimes, torts. That which increases the enormity = of a=20 crime or the injury of a wrong. The opposite of extenuation.

2. =96 When a crime or trespass has been committed under aggravating=20 circumstances, it is punished with more severity; and, the damages given = to=20 vindicate the wrong are greater.

AGGRAVATION, in pleading. The introduction of matter into the=20 declaration which tends to increase the amount of damages, but does not = affect=20 the right of action itself. Steph. Pl. 257; 12 Mod. 597. See 3 An. Jur. = 287,=20 313. An example of this is found in the case where a plaintiff declares = in=20 trespass for entering his house, and breaking his close, and tossing his = goods=20 about; the entry of the house is the principal ground and foundation of = the=20 action, and the rest is only stated by way of agravation; 3 Wils. R. = 294; and=20 this matter need not be proved by the plintiff or answered by the = defendant.

AGGREGATE. A collection of particular persons or items, formed = into=20 one body; as a corporation aggregate, which is one formed of a number of = natural=20 persons; the union of individual charges make an aggregate charge.

AGGRESSOR, crim. law. He who begins, a quarrel or dispute, = either by=20 threatening or striking another. No man may strike another because he = has=20 threatened, or in consequence of the use of any words.

AGIO, aggio. This term is used to denote the difference of = price=20 beteen the value of bank notes and nominal money, and the coin of the = country. =96=20 Encyc.

AGIST, in contrads. The taking of other men's cattle on one's = own=20 ground at a certain rate. 2 Inst. 643; 4 Inst. 293.

AGISTER. One who takes horses or other animals to agist.

2. The agister is not, like an innkeeper, bound to take all horses = offered to=20 him, nor is he liable for any injury done to such animals in his care, = unless he=20 has been guilty of negligence, or from his ignorance, negligence may be=20 inferred. Holt's R. 457.

AGISTMENT, contracts. The taking of another person's cattle = into one's=20 own ground to be fed, for a consideration to be paid by the owner. The = person=20 who receives the cattle is called an agister.

2. An agister is bound to ordinary diligence, and of course is = responsible=20 for loses by ordinary negligence; but he does not insure the safety of = the=20 cattle agisted. Jones, Bailm. 91; I Bell's Com. 458; Holt's N. P. Rep. = 547;=20 Story, Bail. 443; Bac. Ab. Tythes, C l.

AGNATES. In the sense of the Roman law were those whose = propinquity=20 was connected by males only; in the relation of cognates, one or more = females=20 were interposed.

2. By the Scotch lanv, agnates are all those who ar related by the = father,=20 even though females intervene; cognates are those who are related by the = mother.=20 Ersk. L. Scot. B. 1, t. 7, s. 4.

AGNATI, in descents. Relations on the father's side: they are=20 different from the cognati, they being relations on the mother's side, = affines,=20 who are allied by marriage, and the propinqui, or relations in general. = 2 Bl.=20 Com. 235; Toull. Dr. Civ. Fr. tome 1, p. 139; Poth. Pand. Tom. 22, p. = 27.=20 Calvini Lex.

AGNATION, in descents. The relation by blood which exists = between such=20 males as are descended from the same father; in distinction from = cognation or=20 consanguinity, which includes the descendants from females. This term is = principally used in the civil law.

AGRARIAN LAW. Among the Romans, this name was given to a law, = which=20 had for its object, the division among the people of all the lands which = had=20 been conquered, and which belonged to the domain of the state.

AGREEMENT, contract. The consent of two or more persons = concurring,=20 respecting the transmissiou of some property, right or benefit, with a = view of=20 contracting an obligation. Bac. Ab. h.t.; Com. Dig. h.t.; Vin. Ab. h.t.; = Plowd.=20 17; 1 Com. Contr. 2; 5 East's R. 16. It will be proper to consider, 1, = the=20 requisites of an agreement; 2, the kinds of agreements; 3, how they are=20 annulled.

2. =96 1. To render an agreement complete six things must concur; = there must=20 be, 1, a person able to contract; 2, a person able to be contracted = with; 3, a=20 thing to be contracted for; 4, a lawful consideration, or quid pro quo; = 5, words=20 to express the agreement; 6, the assent of the contracting parties. = Plowd. 161;=20 Co. Litt. 35, b.

3. =96 2. As to their form, agreements are of two kinds; 1, by parol, = or, in=20 writing, as contradistinguished from specialties; 2, by specialty, or = under=20 seal. In relation to their performance, agreements are executed or = executory. An=20 agreement is said to be executed when two or more persons make over = their=20 respective rights in a thing to one another, and thereby change the = property=20 therein, either presently and at once, or at a future time, upon some = event that=20 shall give it full effect, without either party trusting to the other; = as where=20 things are bought, paid for and delivered. Executory agreements, in the = ordinary=20 acceptation of the term, are such contracts as rest on articles, = memorandums,=20 parol promises, or undertakings, and the like, to be performed in = future, or=20 which are entered into preparatory to more solemn and formal alienations = of=20 prtperty. Powel on Cont. Agreements are also conditional and = unconditional. They=20 are conditional when some condition must be fulfilled before they can = have full=20 effect; they are unconditional when there is no condition attached;

4. =96 3. Agreements are annulled or rendered of no effect, first, by = the acts=20 of the parties, as, by payment; release =96 accord and satisfction; = rescission,=20 which is express or implied; 1 Watts & Serg. 442; defeasance; by = novation:=20 secondly, by the acts of the law, as, confusion; merger; lapse of time; = death,=20 as when a man who has bound himself to teach an apprentice, dies; = extinction of=20 the thing which is the subject of the contract, as, when the agreement = is to=20 deliver a certain horse and before the time of delivery he dies. See = Discharge=20 of a Contract.

5. The writing or instrument containing an agreement is also called = an=20 agreement, and sometimes articles of agreement.(q. V.)

6. It is proper, to remark that there is much dfference between an = agreement=20 and articles of agreement which are only evidence of it. From the moment = that=20 the parties have given their consent, the agreement or contraet is = formed, and,=20 whether it can be proved or not, it has not less the quality to bind = both=20 contracting parties. A want of proof does not make it null, because that = proof=20 may be supplied aliunde, and the moment it is obtained, the contract may = be=20 enforced.

7. Again, the agreement may be mull, as when it was obtained by = fraud,=20 duress, and the like; and the articles of agreement may be good, as far = as the=20 form is concerned. Vide Contract. Deed; Guaranty; Parties to = Contracts.

AGRI. Arable land in the common fields. Cunn. Dict. h. t.

AGRICULTURE. The art of cultivating the earth in order to = obtain from=20 it the divers things it can produce; and particularly what is useful to = man, as=20 grain, fruit's, cotton, flax, and other things. Domat, Dr. Pub. liv. = tit. 14, s.=20 1, n. 1.

AID AND COMFORT. The constitution of the United States, art. = 8, s. 3,=20 declares, that adhering to the enemies of the United States, giving them = aid and=20 comfort, shall be treason. These words, as they are to be understood in = the=20 constitution, have not received a full judicial construction. They = import,=20 however, help, support, assistance, countenance, encouragement. The word = aid,=20 which oocurs in the Stat. West. 1, c. 14, is explained by Lord Coke (2 = just.=20 182) as comprehending all persons counselling, abetting, plotting, = assenting,=20 consenting, and encouraging to do the act, (and he adds, what is not = applicable=20 to the Crime to treason,) who are not present when the act is done, See, = also, 1=20 Burn's Justice, 5, 6; 4 Bl. Com. 37, 38.

AID PRAYER, English law. A petition to the court calling in = help from=20 another person who has an interest in the matter in dispute. For = example, a=20 tenant for life, by the courtesy or for years, being impleaded, may pray = aid of=20 him in reversion; that is, desire the court that he may be called by = writ, to=20 allege what he thinks proper for the maintenance of the right of the = person=20 calling him, and of his own. F. N. B. 60; Cowel.

AIDERS, crim. law. Those who assist, aid, or abet the = principal, and=20 who are principals in the second degree. 1. Russell, 21.

AIDS, Engl. law. Formerly they were certain sums of money = granted by=20 the tenant to his lord in times of difficulty and distress, but, as = usual in=20 such cases, what was received as a gratuity by the rich and powerful = from the=20 weak and poor, was soon claimed as a matter of right; and aids became a = species=20 of tax to be paid by the tenant to his lord, in these cases: 1. To = ransom the=20 lord's person, when taken priisoner; 2. To make the lord's eldest son a = knight;=20 =96 3. To marry the lord's eldest daughter, by giving her a suitable = portion. The=20 first of these remained uncertain; the other two were fixed by act of = parliament=20 at twenty shillings each being the supposed twentieth part of a knight's = fee, 2=20 Bl. Com. 64.

AILE or AYLE, domestic relations. This is a corruption of the = French=20 word aieul, grandfather, avus. 3.Bl. Com. 186.

AIR. That fluid transparent substance which surrounds our = globe.

2. No property can be had in the air it belongs equally to all men, = being=20 indispensable to their existence. To poison or materially to change the = air, to=20 the annoyance of the public, is a nuisance. Cro. Cr. 610; 2 Ld. Raym = 1163; I=20 Burr. 333; 1 Str. 686 Hawk. B. 1, c. 75, s. 10; Dane's Ab. Index h. t. = But this=20 must be understood with this qualification, that no one has a right to = use the=20 air over another man's land, in such a manner as to be injurious to him. = See 4=20 Campb. 219; Bowy. Mod. Civ. Law, 62; 4 Bouv. Inst. n. 36 1; Grot. Droit = de la=20 Guerre et de la Paix, liv. 2, c. 2, 3, note, 3 et 4.

3. It is the right of the proprietor of an estate to enjoy the light = and air=20 that will come to him, and, in general, no one has a right to deprive = him of=20 them; but sometimes in building, a man opens windows over his neighbor's = ground,=20 and the latter, desirous of building on his own ground, necessarily = stops the=20 windows already built, and deprives the first builder of light and air; = this he=20 has the right to do, unless the windows are ancient lights, (q. v.) or = the=20 proprietor has acquired a right by grant or prescription to have such = windows=20 open. See Crabb on R. P. 444 to 479 and Plan. Vide Nuisance.

AJUTAGE. A conical tube, used in drawing water through an = aperture, by=20 the use of which the quantity of water drawn is much increased. When a = privilege=20 to draw water from a canal through the forebay or tunnel by means of in = aperture=20 has been granted, it is not lawful to add an adjutage, unless such was = the=20 intention of the parties. 2 Whart. R. 477.

ALABAMA. The name of one of the new states of the United = States of=20 America. This state was admitted into the Union by the resolution of = congress,=20 approved December 14th, 1819, 3 Sto. L. U. S. 1804, by which it is = resolved that=20 the state of Alabama shall be one, and is hereby declared to be one of = the=20 United States of America, and admitted into the Union on an equal = footing with=20 the original states, in all respects whatever. The convention which = framed the=20 constitution in this state, assembled at the town of Huntsville on = Monday the=20 fifth day of July, 1819, and continued in session by adjournment, until = the=20 second day of August, 1819, when the constitution was adopted.

2. The powers of the government are divided by the constitution into = three=20 distinct, departments; and each of them confided to a separate body of=20 magistracy, to wit: those which are legislative, to one; those which are = executive, to another; and those which are judicial, to a third. Art. = 2,

3. =96 1. The legislative power of the state is vested in two = distinct=20 branches; the one styled the senate, the other the house of = representatives, and=20 both together, the general assembly of the state of Alabama. 1. The = senate is=20 never to be less than one-fourth nor more than one-third of the whole = number of=20 representatives. Senators are chosen by the qualified electors for the = term of=20 three years, at the same time, in the same manner, and at the same = place, where=20 they vote for members of the house of representatives; one-third of the = whole=20 number of senators are elected every year. Art. 3, s. 12. 2. The house = of=20 representatives is to consist of not less than forty-four, nor more than = sixty=20 members, until the number of white inhabitant's shall be one hundred = thousand;=20 and after that event, the whole number of representatives shall never be = less=20 than sixty, nor more than one hundred. Art. 3, B. 9. The members of the = house of=20 representatives are chosen by the qualified electors for the term of one = year,=20 from the commencement of the general election, and no longer.

4. =96 2. The supreme executive power is vested in a chief = magistrate, styled=20 the governor of the state of Alabama. He is elected by the qualified = electors,=20 at the time and places when they respectively vote for representatives; = he holds=20 his office for the term of two years from the time of his installation, = and=20 until a successor is duly qualified; and is not eligible more than four = years in=20 any term of six years. t. 4. He is invested, among other things, with = the veto=20 power. Ib. s. 16. In cases of vacancies, the president of the senate = acts as=20 governor. Art. 4, s. 18.

5. =96 3. The judicial power is vested in one supreme court, circuit = courts to=20 be held in each county in the state, and such inferior courts of law = and,=20 equity, to consist of not more than five members, as the general = assembly may,=20 from time to time direct, ordain, and establish. Art. 6, S. 1.

ALBA FIRMA. Eng. law. When quit rents were reserved payable in = silver=20 or white money, they wero called white rents, or blanch farms reditus = albi. When=20 they were reserved payable in work, grain, or the like, they were called = reditus=20 nigri or black mail. 2 Inst. 19.

ALCADE, Span. law. The name of a judicial officer in Spain, = and in=20 those countries which have received the body of their laws from those of = Spain.

ALDERMAN. An officer, generally appointed or elected in towns=20 corporate, or cities, possessing various powers in different places.

2. The aldermen of the cities of Pennsylvania, possess all the powers = and=20 jurisdictions civil and criminal of justices of the peace. They are = besides, in=20 conjunction with the respective mayors or recorders, judges of ibe = mayor's=20 courts.

3. Among the Saxons there was an officer called the ealderman. = ealdorman, or=20 aldernwn, which appellation signified literally elderman. Like the Roman = senator, he was so called, not on account of his age, but because of his = wisdom=20 and dignity, non propter oetatem sed propter sapientism et dignitatem. = He=20 presided with the bisbop at the scyregemote, and was, ex officio, a = member of=20 the witenagemote. At one time he was a military officer, but afterwards = his=20 office was purely judical.

4. There were several kinds of aldermen, as king's aldermen, aldermen = of all=20 England, aldermen of the county, aldermen of the hundred, &c., to = denote=20 difference of rank and jurisdiction.

ALEA; civil law. The chance of gain or loss in a contract. = This chance=20 results either from the uncertainty of the thing sold, as the effects of = a=20 succession; or from the uncertainty of the price, as when a thing is = sold for an=20 annuity, which is to be greater or less on the happening of a future = event; or=20 it sometimes arises in consequence of the uncertainty of both. 2 Duv. = Dr. Civ.=20 Fr. n. 74.

ALEATORY CONTRACTS, civil law. A mutual agreement, of which = the=20 effects, with respect both to the advantages and losses, whether to all = the=20 parties, or to some of them, depend on an uncertain event. Civ. Code of = Louis.=20 art. 2951.

2. =96 These contracts are of two kinds; namely, 1. When one of the = parties=20 exposes himself to lose something which will be a profit to the other, = in=20 consideration of a sum of money which the latter pays for the risk. Such = is the=20 contract of insurance; the insurer takes all the risk of the sea, and = the=20 assured pays a premium to the former for the risk which he runs.

3. =96 2. In the second kind, each runs a risk which is the = consideration of=20 the engagement of the other; for example, when a person buys an annuity, = he runs=20 the risk of losing the consideration, in case of his death soon after, = but he=20 may live so as to receive three times the amount of the price he paid = for it.=20 Merlin, Rep. mot Aleatoire.

ALER SANS JOUR, or aller sans jour, in practice. A French = phrase which=20 means go without day; and is used to signify that the case has been = finally=20 dismissed the court, because there is no further day assigned for = appearance.=20 Kitch. 146.

ALFET, obsolete. A vessel in which hot water was put, for the = purpose=20 of dipping a criminal's arm in it up to the elbow.

ALIA ENORMIA, pleading. And other wrongs. In trespass, the = declaration=20 ought to conclude "and other wrongs to the said plaintiff then and there = did,=20 against the peace," &c.

2. Under this allegation of alia enormia, some matters may be given = in=20 evidence in aggravatiou of damages, though not specified in other parts = of the=20 declaration. Bull. N. P. 89; Holt, R. 699, 700. For example, a trespass = for=20 breaking and entering a house, the plaintiff may, in aggravation of = damages,=20 give in evidence the debauching of his daughter, or the beating of his = servants,=20 under the general allegation alia enormia, &c.;6 Mod. 127.

3. But under the alia nomia no evidence of the loss of service, or = any other=20 matter which would of itself sustain an action; for if it would, it = should be=20 stated specially. In trespass quare clausum fregit, therefore, the = plaintiff=20 would not, under the above general allegation, be permitted to give = evidence of=20 the defendant's taking away a horse, &c. Bull. N. P. 89; Holt, R. = 700; 1=20 Sid. 225; 2 Salk. 643; 1 Str. 61; 1 Chit. Pl. 388; 2 Greenl. Ev. = 278.

ALIAS, practice. This word is prefixed to the name of a second = writ of=20 the same kind issued in the same cause; as, when a summons has been = issued and=20 it is returned by the sheriff, nil, and another is issued, this is = called an=20 alias summons. The term is used to all kinds of writs, as alias fi. fa., = alias=20 vend. exp. and the like. Alias dictus, otherwise called; a description = of the=20 defendant by an addition to his real name of that by wbich he is bound = in the=20 writing; or when a man is indicted and his name is uncertain, he may be = indicted=20 as A B, alias dictus C D. See 4 John. 1118; 1 John. Cas. 243; 2 Caines, = R. 362;=20 3 Caines, R. 219.

ALIBI, in evidence. This is a Latin word which signifies,=20 elsewhere.

2. When a person, charged with a crime, proves (se eadem die fuisse = alibi,)=20 that he was, at the time alleged, in a different place from that in = which it was=20 committed, he is said to prove an alibi, the effect of which is to lay a = founation for the necessary inference, that he could not have committed = it. See=20 Bract. fo. 140, lib. 3, cap. 20, De Corona.

3. This proof is usually made out by the testimony of witnesses, but = it is=20 presumed it might be made out by writings; as if the party could prove = by a=20 record properly authenticated, that on the day or at the time in = question, he=20 was in another place.

4. It must be admitted that mere alibi evidence lies under a great = and=20 general prejudice, and ought to be heard with un-common caution; but if = it=20 appear, to be founded in truth, it is the best negative evidence that = can be=20 offered; it is really positive evidence, which in the nature of things=20 necessarily implies a negative; and in many cases it is the only = evidence which=20 an innocent man can offer.

ALIEN, persons. One born out of the jurisdiction of the United = States,=20 who has not since been naturalized under their constitution and laws. To = this=20 there are some exceptions, as this children of the ministers of the = United=20 States in foreign courts. See Citizen, Inhabitant.

2. Aliens are subject to disabilities, have rights, and are bound to = perform=20 duties, which will be briefly considered. 1. Disabilities. An alien = cannot in=20 general acquire title to real estate by the descent, or by other mere = operation=20 of law; and if he purchase land, he may be divested of the fee, upon an = inquest=20 of office found. To this general rule there are statutory exceptions in = some of=20 the states; in Pennsylvania, Ohio, Louisiana, New Jersey, Rev. Laws, = 604, and=20 Michigan, Rev. St. 266, s. 26, the disability has been removed; in North = Carolina, (but see Mart. R. 48; 3 Dev. R. 138; 2 Hayw. 104, 108; 3 = Murph. 194; 4=20 Dev. 247; Vermont and Virginia, by constitutional provision; and in = Alabama, 3=20 Stew R. 60; Connecticut, act of 1824, Stat. tit. Foreigners, 251; = Indiana, Rev.=20 Code, a. 3, act of January 25, 1842; Illinois, Kentucky, 1 Litt. 399; 6 = Mont.=20 266 Maine, Rev. St,. tit. 7, c. 93, s. 5 Maryland, act of 1825, ch. 66; = 2 Wheat.=20 259; and Missouri, Rev. Code, 1825, p. 66, by statutory provision it is = partly=20 so.

3. An alien, even after being naturalized, is ineligible to the = office of=20 president of the United States; and in some states, as in New York, to = that of=20 govenor; he cannot be a member of congress, till the expiration of seven = years=20 after his naturalization. An alien can exercise no political rights = whatever; he=20 cannot therefore vote at any political election, fill any office, or = serve as a=20 juror. 6 John. R. 332.

4. =96 2. An alien has a right to acquire personal estate, make and = enforce=20 contracts in relation to the same =96 he is protected from injuries, and = wrongs,=20 to his person and property, his relative rights and character; he may = sue and be=20 sued.

5. =96 3. He owes a temporary local allegiance, and his property is = liable to=20 taxation. Aliens are either alien friends or alien enemies. It is only = alien=20 friends who have the rights above enumerated; alien enemies are = incapable,=20 during the existence of war to sue, and may be ordered out of the = country. See=20 generally, 2 Kent. Com. 43 to 63; 1 Vin. Ab. 157; 13 Vin. ab. 414; Bac. = Ab.=20 h.t.; 1 Saund. 8, n.2; Wheat. Dig. h.t.; Bouv. Inst. Index, h.t.

ALIENAGE. The condition or state of alien.

ALIENATE, aliene, alien. This is a generic term applicable to = the=20 various methods of transfering property from one person to another. Lord = Coke,=20 says, (1 Inst. 118 b,) alien cometh of the verb alienate, that is, = alienum=20 facere vel ex nostro dominio in alienum trawferre sive rem aliquam in = dominium=20 alterius transferre. These methods vary, according to the nature of the = property=20 to be conveyed and the particular objects the conveyance is designed to=20 accomplish. It has been held, that under a prohibition to alienate, long = leases=20 are comprehended. 2 Dow's Rep. 210.

ALIENATION, estates. Alienation is an act whereby one man = transfers=20 the property and possession of lands, tenements, or other things, to = another. It=20 is commonly applied to lands or tenements, as to alien (that is, to = convey) land=20 in fee, in mortmain. Termes de la ley. See Co. Litt. 118 b; Cruise Dig. = tit. 32,=20 c. 1, 1-8.

2. Alienations may be made by deed; by matter of record; and by = devise.

3. Alienations by deed may be made by original or primary = conveyances, which=20 are those by means of which the benefit or estate is created or first = arises; by=20 derivative or secondary conveyances, by which the benefit or esta te = originally=20 created, is enlarged, restrained, transferred, or extinguished. These = are=20 conveyances by the common law. To these may be added some conveyances = which=20 derive their force and operation from the statute of uses. The original=20 conveyances are the following: 1. Feoffment; 2. Gift; 3. Grant; 4. = Lease; 6.=20 Exchange; 6. Partition. The derivative are, 7. Release; 8. Confirmation; = 9.=20 Surrender; 10. Assignment; 11. Defeasance. Those deriving their force = from the=20 statute of uses, are, 12. Covenants to stand seised to uses; 13. = Bargains and=20 sales; 14. Lease and release; 15. Deeds to lend or declare the uses of = other=20 more direct conveyances; 16. Deeds of revocation of uses. 2 Bl. Com. ch. = 20.=20 Vide Conveyance; Deed. Alienations by matter of record may be, 1. By = private=20 acts of the legislature; 2. By grants, as by patents of lands; 3. By = fines; 4.=20 By common recovery. Alienations may also be made by devise (q.v.)

ALIENATION, med. jur. The term alienation or mental alienation = is a=20 generic expression to express the different kinds of aberrations of the = human=20 understandiug. Dict. des Science Med. h. t.; 1 Beck's Med. Jur. 535.

ALIENATION OFFICE, Engligh law. An office to which all writs = of=20 covenants and entries are carried for the recovery of fines levied = thereon. See=20 Alienate.

TO ALIENE, contracts. See Alienate.

ALIENEE. One to whom an alienation is made.

ALIEXI JURIS. Words applied to persons who are subject to the=20 authority of another. An infant who is under the authority of his father = or=20 guardian, and a wife under the power of her husband, are said to be = alieni=20 juris. Vide sui juris.

ALIENOR. He who makes a grant or alienation.

ALIMENTS. In the Roman and French law this word signifies the = food and=20 other things necessary to the support of life, as clothing and the like. = The=20 same name is given to the money allowed for aliments. Dig. 50, 16, = 43.

2. By the common law, parents and children reciprocally owe each = other=20 aliments or maintenance. (q. v.) Vide 1 Bl. Com. 447; Merl. Rep. h. t.; = Dig. 25,=20 3, 5. In the common law, the word alimony (q.v.) is used. Vide Allowance = to a=20 Prisoner.

ALIMONY. The maintenance or support which a husband is bound = to give=20 to his wife upon separation from her; or the support which either father = or=20 mother is bound to give to his or her children, though this is more = usually=20 called maintenance.

2. The causes for granting alimony to the wife are, 1, desertion, (q. = v.) or=20 cruelty of the husband; (q. v.) 4 Desaus. R. 79,; 1 M'Cord's Ch. R. 205; = 4 Rand.=20 R. 662; 2 J. J; Marsh. R. 324.; 1 Edw. R. 62; and 2, divorce. 4 Litt. R. = 252; 1=20 Edw. R. 382; 2 Paige, R. 62; 2 Binn. R. 202; 3 Yeates, R. 50; S.& R. = 248; 9=20 S.& R. 191; 3 John. Ch. R. 519; 6 John. Ch. 91.

3. In Louisiana by alimony is meant the nourishment, lodging and = support of=20 the person who claims it. It includes education when the person to whom = alimoiay=20 is due is a minor. Civil Code of L. 246.

4. Alimony is granted in proporion to the wants of the person = requiring it,=20 and the circumstances of those who are to pay it. By the common law, = parents and=20 children owe each other alimony. 1 Bl. Com. 447; 2 Com. Dig. 498;. 3 = Ves. 358; 4=20 Vin. Ab. 175; Ayl. Parerg. 58; Dane's Ab. Index. h.t.; Dig. 34, 1. = 6.

5. Alimony is allowed to the wife, pendente lite, almost as a matter = of=20 course whether she be plaintiff or defendant, for the obvious reason = that she=20 has generally no other means of living. 1 Clarke's R. 151. But there are = special=20 cases where it will not be allowed, as when the wife, pending the = progress of=20 the suit, went to her father's, who agreed with the husband to support = her for=20 services. 1 Clarke's R. 460. See Shelf. on Mar. and Div. 586; 2 Toull. = n.=20 612.

ALITER, otherwise. This term is frequently used to point out a = difference between two decisions; as, a point of law has been decided in = a=20 particular way, in such a case, aliter in another case.

ALIUNDE. From another place; evidence given aliunde, as, when = a will=20 contains an ambiguity, in some cases, in order to ascertain the meaning = of the=20 testator, evidence aliunde will be received.

ALL FOURS. This is a metaphorical expression, to signify that = a case=20 agrees in all its circumstances with another case; it goes as it were = upon its=20 four legs, as an animal does.

ALLEGATA. A word which the emperors formerly signed at the = bottom of=20 their rescripts and constitutions; under other instrumets they usually = wrote=20 nata or testate. Ency. Lond.

ALLEGATA AND PROBATA. The allegations made by a party to a = suit, and=20 the proof adduced in their support. It is a general rule of evidence = that the=20 allegata and probata must correspond; that is, the proof must at least = be=20 sufficiently extensive to cover all the allegations of the party. = Greenl. Ev.=20 51; 3 R. s. 636.

ALLEGATION, English ecclesiastical law. According to the = practice of=20 the prerogative court, the facts intended to be relied on in support of = the=20 contested suit are set forth in the plea, which is termed an allegation; = this is=20 submitted to the inspection of the counsel of the adverse party, and, if = it=20 appear to them objectionable in form or substance, they oppose the = admission of=20 it. If the opposition goes to the substance of the allegation, and is = held to be=20 well founded, the court rejects it; by which mode of proceeding the suit = is=20 terminated without, going into any proof of the facts. 1 Phil. 1, n.; 1 = Eccl.=20 Rep. ll, n. S. C. See 1 Brown's Civ. Law, 472, 3, n.

ALLEGATION, common law. The assertion, declaration or = statement of a=20 party of what he can prove.

ALLEGATI6N, civil law. The citation or reference to a voucher = to=20 support a proposition. Dict. de jurisp.; Encyclopedie, mot Allegation; 1 = Brown's=20 Civ. Law, 473, n.

ALLEGATION OF FACULTIES When a suit is instituted in the = English=20 ecclesiastical courts, in order to obtain alimony, before it is allowed, = an=20 alIegation must be made on the part of the wife, stating the property of = the=20 husband. This allegation is called an allegation of faculties. Shelf. on = Mar.=20 and Div. 587.

ALLEGIANCE. The tie which binds the citizen to the government, = in=20 return for the protection which the government affords him.

2. It is natural, acquired, or local. Natural allegiance is such as = is due=20 from all men born within the United States; acquired allegiance is that = which is=20 due by a naturalized citizen. It has never been decided whether a = citizen can,=20 by expatriation, divest himself absolutely of that character. 2 Cranch, = 64; 1=20 Peters' C. C. Rep. 159; 7 Wheat. R. 283; 9 Mass. R. 461. Infants cannot = assume=20 allegiance, (4 Bin. 49) although they enlist in the army of the United = States. 5=20 Bin. 429.

3. It seems, however, that he cannot renounce his allegiance to the = United=20 States without the permission of the government, to be declared by law. = But for=20 commercial purposes he may acquire the rights of a citizen of another = country,=20 and the place of his domicil determines the character of a party as to = trade. 1=20 Kent, Com. 71; Com. Rep. 677; 2 Kent, Com. 42.

4. Local allegiance is that which is due from an alien, while = resident in the=20 United States, for the protection which the government affords him. 1 = Bl. Com.=20 366, 372; Com. Dig. h.t; Dane's Ab. Index, h. t.; 1 East, P.C. 49 to = 57.

ALLIANCE, relationship. The union or connexion of two persons = or=20 families by marraiage, which is also called affinity. This is derived = from the=20 Latin preposition ad and ligare, to bind. Vide Inst 1, 10, 6; Dig 38, = 10, 4, 3;=20 and Affinity.

ALLIANCE, international law. A contract, treaty, or league = between two=20 sovereigns or states, made to insure their safety and common = defence.

2. Alliances made for warlike purposes are divided in general into = defensive=20 and offensive; in the former the nation only engages to defend her ally = in case=20 he be attacked; in the latter she unites with him for the purpose of = making an=20 attack, or jointly waging the war against another nation. Some alliances = are=20 both offensive and defensive; and there seldom is an offensive alliance = which is=20 not also defensive. Vattel, B. 3, c. 6, 79; 2 Dall. 15.

ALLISION, maritime law. The running of one vessel against = another. It=20 is distiguished from collision in this, that the latter means the = running of two=20 vessels against each other; this latter term is frequently used for=20 allision.

ALLOCATION, Eng. law. An allowance upon account in the = Exchequer; or=20 rather, placing or adding to a thing. Eucy. Lond.

ALLOCATIONE FACIENDA. Eng. law. A writ commanding that an = allowance be=20 made to an accountant, for such moneys as he has lawfully expended in = his=20 office. It is directed to the lord treasurer and barons of the = exchequer.

ALLOCATUR, practice. The allowance of a writ; e. g. when a = writ of=20 habeas corpus is prayed for, the judge directs it to be done, by writing = the=20 word allowed and signing his name; this is called the allocator. In the = English=20 courts this word is used to indicate the master or prothonotary's = allowance of a=20 sum referred for his consideration, whether touching costs, damages, or = matter=20 of account. Lee's Dict. h, t.

ALLODIUM estates. Signifies an absolute estate of inheritance, = in=20 coutradistinction to a feud.

2. In this country the title to land is essentially allodial, and = every=20 tenant in fee simple has an absolute and perfect title, yet in technical = language his estate is called an estate in fee simple, and the tenure = free and=20 common socage. 3 Kent, Com. 390; Cruise, Prel. Dis. c. 1, 13; 2 Bl. Com. = 45. For=20 the etymology of this word, vide 3 Kent Com. 398 note; 2 Bouv. Inst. n.=20 1692.

ALLONGE, French law. When a bill of exchange, or other paper, = is too=20 small to receive the endorsements which are to be made on it, another = piece of=20 paper is added to it, and bears the name of allonge. Pard. n. 343; Story = on P.=20 N. 121, 151; Story on Bills, 204. See Rider.

ALLOTMENT. Distribution by lot; partition. Merl. Rep. h. = t.

TO ALLOW, practice. To approve; to grant; as to allow a writ = of error,=20 is to approve of it, to grant it. Vide Allocatur. To allow an amount is = to admit=20 or approve of it.

ALLOWANCE TO A PRISONER. By the laws of, it is believed, all = the=20 states, when a poor debtor is in arrest in a civil suit, the plaintiff = is=20 compelled to pay an allowance regulated by law, for his maintenance and = support,=20 and in default of such payment at the time required, the prisoner is = discharged.=20 Notice must be given to the plaintiff before the defendant can be=20 discharged.

ALLOY, or ALLAY. An inferior metal, used with gold. and silver = in=20 making coin or public money. Originally, it was one of the allowances = known by=20 the name of remedy for errors, in the weight and purity of coins. The = practice=20 of making such allowances continued in all European mints after the = reasns, upon=20 which they were originally founded, had, in a great measure, ceased. In = the=20 imperfection of the art of coining, the mixture of the metals used, and = the=20 striking of the coins, could not be effected with, perfect accuracy. = There would=20 be some variety in the mixture of metals made at different times, = although=20 intended to be in the same proportions, and in different pieces of coin, = although struck by the same process and from the same die. But the art = of=20 coining metals has now so nearly attained perfection, that such = allowances have=20 become, if not altogether, in a great measure at least, unnecessary. The = laws of=20 the United States make no allowance for deficiencies of weight. See = Report of=20 the Secretary of State of the United States, to the Senate of the U. S., = Feb.=20 22, 1821, pp. 63, 64.

2. The act of Congress of 2d of April, 1792, sect. 12, directs that = the=20 standard for all gold coins of the United States, shall be eleven parts = fine to=20 one part of alloy; and sect. 13, that the standard for all silver coins = of the=20 United States, shall be one thousand four hundred and eighty-five parts = fine, to=20 one hundred and seventy-nine parts alloy. 1 Story's L. U. S. 20. By the = act of=20 Congress, 18th Feb. 1831, 8, it is provided, that the standard for both = gold and=20 silver coin of the United States, shall be such, that of one thousand = parts by=20 weight, nine hundred shall be of pure metal, and one hundred of alloy; = and the=20 alloy of the silver coins shall be of copper, and the alloy of gold = coins shall=20 be of copper and silver, provided, that the silver do not exceed = one-half of the=20 whole alloy. See also, Smith's Wealth of Nations, vol. i., pp. 49, = 50.

ALLUVION. The insensible increase of the earth on a shore or = bank of a=20 river by the force of the water, as by a current or by waves. It is a = part of=20 the definition that the addition, should be so gradual that no one can = judge how=20 much is added at each moment of time. Just. Inst. lib. 2, tit. 1, 20; 3 = Barn.=20 & Cress. 91; Code Civil Annote No. 556. The proprietor of the bank = increased=20 by alluvion is entitled to the addition. Alluvion differs from avulsion = in this:=20 that the latter is sudden and perceptible. See avulsion. See 3 Mass. = 352; Coop.=20 Justin. 458; Lord Raym. 77; 2 Bl. Com. 262, and note by Chitty; 1 = Swift's Dig.=20 111; Coop. Just. lib. 2, t. 1; Angell on Water Courses, 219; 3 Mass. R. = 352; 1=20 Gill & Johns. R. 249; Schultes on Aq. Rights, 116; 2 Amer. Law = Journ. 282,=20 293; Angell on Tide Waters, 213; Inst. 2, 1, 20; Dig. 41, 1, 7; Dig. 39, = 2, 9;=20 Dig. 6, 1, 23; Dig. 1, 41, 1, 5; 1 Bouv. Inst. pars 1, c. 1 art. 1, 4, = s. 4, p.=20 74.

ALLY, international law. A power which has entered into an = alliance=20 with another power. A citizen or subject of one of the powers in = alliance, is=20 sometimes called an ally; for example, the rule which renders it = unlawful for a=20 citizen of the United States to trade or carry on commerce with an = enemy, also=20 precludes an ally from similar intercourse. 4 Rob. Rep. 251; 6 Rob. Rep. = 406;=20 Dane's Ab, Index, h. t.; 2 Dall. 15.

ALMANAC. A table or calendar, in which are set down the = revolutions of=20 the seasons, the rising and setting of the sun, the phases of the moon, = the most=20 remarkable conjunctions, positions and phenomena of the heavenly bodies, = the=20 months of the year, the days of the month and week, and a variety of = other=20 matter.

2. The courts will take judicial notice of the almanac; for example, = whether=20 a certain day of the month was on a Sunday or not. Vin. Ab. h. t.; 6 = Mod. 41;=20 Cro. Eliz. 227, pl. 12; 12 Vin. Ab. Evidence (A, b, 4.) In dating = instrments,=20 some sects, the Quakers, for example, instead of writing January, = February,=20 March, &c., use the terms, First month, Second month, Third month, = &c.,=20 and these are equally valid in such writings. Vide 1 Smith's Laws of=20 Pennsylvania, 217.

ALLODARII, Eng. law, Book of Domesday. Such tenants, who have = as large=20 an estate as a subject can have. 1 Inst. 1; Bac. Ab Tenure, A.

ALMS. In its most extensive sense, this comprehends every = species of=20 relief bestowed upon the poor, and, therefore, including all charities. = In a=20 more, limited sense, it signifies what is given by public authority for = the=20 relief of the poor. Shelford on Mortmain, 802, note (x); 1 Dougl. = Election Cas.=20 370; 2 Id. 107; Heywood on Elections, 263.

ALTA PRODITIO, Eng. law. High treason.

ALTARAGE, eccl. law. Offerings made on the altar; all profits = which=20 accrue to the priest by means of the altar. Ayl. Par. 61; 2 Cro. = 516.

TO ALTER. To change. Alterations are made either in the = contract=20 itself, or in the instrument which is evidence of it. The contract may = at any=20 time be altered with the consent of the parties, and the alteration may = be=20 either in writing or not in writing.

2. It is a general rule that the terms of a contract under seal, = cannot be=20 changed by a parol agreement. Cooke, 500; 3 Blackf. R. 353; 4 Bibb. 1. = But it=20 has been decided that an alteration of a contract by specialty, made by = parol,=20 makes it all parol. 2 Watts, 451; 1 Wash. R. 170; 4 Cowen, 564; 3 Harr. = &=20 John. 438; 9 Pick. 298; 1 East, R. 619; but see 3 S.& R. 579.

3. When the contract is, in writing, but not under seal, it may be = varied by=20 parol, and the whole will make but one agreement. 9 Cowen, 115; 5.N. H. = Rep. 99;=20 6 Harr. & John, 38; 18 John. 420; 1 John. Cas. 22; 5 Cowen, 606; = Pet. C. C.=20 R. 221; 1 Fairf. 414.

4. When the contract is evidenced by a specialty, and it is altered = by parol,=20 the whole will be considered as a parol agreement. 2 Watt 451; 9 Pick. = 298. For=20 alteration of instruments see Erasure; Interlineation. See, generally, 7 = Greenl.=20 76, 121, 394; 15 John. 200; 2 Penna. R. 454.

ALTERATION. An act done upon an instrument in writing by a = party=20 entitled under it, without the consent of the other party, by which its = meaning=20 or language is changed; it imports some fraud or design on the part of = him who=20 made it. This differs from spoliation, which is the mutilation of the = instrument=20 by the act of a stranger.

2. When an alteration has a tendency to mislead, by so changing the = character=20 of the instrument, it renders it void; but if the change has not such = tendency,=20 it will not be considered an alteration. 1 Greenl. Ev. 566.

3. A spoliation, on the contrary, will not affect the legal character = of the=20 instrument, so long as the original writing remains legible; and, if it = be a=20 deed, any trace of the seal remains. 1 Greenl. Ev. 566. See = Spoliation.

ALTERNAT. The name of a usage among diplomatists by which the = rank and=20 places of different powers, who have the same rights and pretensions to=20 precedence, are changed from time to time, either in a certain regular = order, or=20 one determined by lot. In drawing up treaties and conventions, for = example, it=20 is the usage of certain powers to alternate, both in the preamble and = the=20 signatures, so that each power occupies, in the copy intended to be = delivered to=20 it, the first place. Wheat. Intern. Law, pt. 2, c. 3, 4..

ALTERNATIVE. The one or the other of two things. In contracts = a party=20 has frequently the choice to perform one of several things, as, if he is = bound=20 to pay one hundred dollars, or to deliver a horse, he has the = alternative. Vide=20 Election; Obligation; Alternative.

ALTIUS NON TOLLENDI, civil law. The name of a servitude due by = the=20 owner of a house, by which he is restrained from building beyond a = certain=20 height. Dig. 8, 2, 4, and 1, 12, 17, 25.

ALTIUS TOLLENDI, civil law. The name of a servitude which = consists in=20 the right, to him who is entitled to it, to build his house as high as = he may=20 think proper. In general, however, every one enjoys this privilege, = unless he,=20 is restrained by home contrary title.

ALTO ET BASSO. High and low. This phrase is applied to an = agreement=20 made between two contending parties to submit all matters in dispute, = alto et=20 basso, to arbitration. Cowel.

ALTUM MARE. The high sea. (q. v.)

ALUMNUS, civil law. A child which one has nursed; a foster = child. Dig.=20 40, 2, 14.

AMALPHITAN CODE. The name given to a collection of sea-laws, = complied=20 about the end of the eleventh century, by the people of Amalphi. It = consists of=20 the laws on maritime subjects which were, or had been, in force in = counries=20 bordering on the Mediterranean; and, on account of its being collected = into one=20 regular system, it was for a long time received as authority in those = countries.=20 1 Azun. Mar. Law, 376.

AMANUENSIS. Oe who write another dictates. About the beginning = of the=20 sixth century,, the tabellions (q.v.) were known by this name. 1 Sav. = Dr. Rom.=20 Moy. Age, n. 16.

AMBASSADOR, interaational law. A public minister sent abroad = by some=20 sovereign state or prince, with a legal commission and authority to = transact=20 business on behalf of his country with the government to which he is = sent. He is=20 a minister of the highest rank, and represents the person of his = sovereign.

2. The United States have always been represented by ministers=20 plenipotentiary, never having sent a person of the rald of an, = ambassador in the=20 diplomatic sense. 1 Kent's Com. 39, n.

3. Ambassadors, when acknowledged as such, are exempted, absolutely = from all=20 allegiance, and from all responsibility to the laws. If, however, they = should be=20 so regardless of their duty, and of the object of their privilege, as to = insult=20 or openly to attack the laws of the government, their functions may be = suspended=20 by a refusal to treat with them, or application can be made to their own = sovereign for their recall, or they may be dismissed, and required to = depart=20 within a reasonable time. By fiction of law, an ambassador is considered = as if=20 he were out of the territory of the foreign power; and it is an implied=20 agreement among nations, that the ambassador, while he resides in the = foreign=20 state, shall be considered as a member of his own country, and the = government he=20 represents has exclusive cognizance of his conduct, and control of his = person.=20 The attendants of the ambassador are attached to his person, and the = effects in=20 his use are under his protection and privilege, and, generally, equally = exempt=20 from foreign jurisdiction.

4. Ambassadors are ordinary or extraordinary. The former designation = is=20 exclusively applied to those sent on permanent missions; the latter, to = those=20 employed on particular or extraordinary occasions, or residing at a = foreign=20 court for an indeterminate period. Vattel, Droit des Gens, 1. 4, c. 6,=20 70-79.

5. The act of dtigress of April 30th, 1790, s. 25, makes void any = writ or=20 process sued forth or prosecuted against any ambassador authorized and = received=20 by the president of the United States, or any domestic servant of such=20 ambassador; and the 25th section of the same act, punishes any person = who shall=20 sue forth or proseeute such writ or process, and all attorneys =96 and = soliciters=20 prosecuting or soliciting in such case, and all officers executing such = writ or=20 process, with an imprisonment not exceeding three years, and a fine at = the=20 discretion of the court. The act provides that citizens or inhabitants = of the=20 United States who were indebted when they went into the service of an=20 ambassador, shall not be protected as to such debt; and it requires also = that=20 the names of such servants shall be registered in the office of the = secretary of=20 state. The 16th section imposes the like punishment on any person = offering=20 violence to the person of an ambassador or other minister. P Vide 1 = Kent, Com.=20 14, 38, 182; Rutherf. Inst. b. 2, c. 9; Vatt. b. 4, c. 8, s. 113; 2 = Wash. C. C.=20 R. 435; Ayl. Pand. 245; 1 Bl. Com. 253; Bac. Ab. h. t.; 2 Vin. Ab. 286; = Grot.=20 lib. 2, c. 8, 1, 3; 1 Whart. Dig. 382; 2 Id. 314; Dig. l. 50, t. 7; Code = I. 10,=20 t. 63, l. 4; Bouv. Inst. Index, h. t.

6. The British statute 7 Ann, cap. 12; is similar in its provisions; = it=20 extends to the family and servants of an ambassador, as well when they = are the=20 natives of the country in which the ambassador resides, as when they are = foreigners whom he brings with him. (3 Burr. 1776-7) To constitute a = domestic=20 servant within the meaning of the statute, it is not necessary that the = servant=20 should lodge, at night in the house of the ambassador, but it is = necessary to=20 show the nature of the service he renders and the actual performance of = it. 3=20 Burr. 1731; Cases Temp. Hardw. 5. He must, in fact, prove that he is = bona fide=20 the ambassador's servant. A land waiter at the custom house is not such, = nor=20 entitled to the privilege of the statute. 1 Burr. 401. A trader is not = entitled=20 to the protection of the statute. 3 Burr. 1731; Cases Temp. Hardw. 5. A = person=20 in debt cannot be taken into an ambassador's service in order to protect = him. 3=20 Burr. 1677.

AMBIDEXTER. It is intended by this Latin word, to designate = one who=20 plays on both sides; in a legal sense it is taken for a juror or = embraceor who=20 takes money from the parties for giving his verdict. This is seldom or = never=20 done in the United States.

AMBIGUITY, contracts, construction. When au expression has = been used=20 in an instrument of writing which may be understood in more than one = sense, it=20 is said there is an ambiguity,

2. There are two sorts of amiguities of words, ambiguitas latens and=20 ambiguitas patens.

3. The first occurs when the deed or instrument is sufficiently = certain and=20 free from ambiguity, but the ambiguity is produced by something = extrinsic, or=20 some collateral matter out of the instrument; for example, if a man = devise=20 property to his cousin A B, and he has two cousins of that name, in such = case=20 parol evidence will be received to explain the ambiguity.

4. The second or patent ambiguity occurs when a clause in a deed, = will, or=20 other instrument, is so defectively expressed, that a court of law, = which has to=20 put a construction on the instrument, is unable to collect the intention = of the=20 party. In such case, evidence of the declaration of the party cannot be=20 submitted to explain his intention, and the clause will be void for its=20 uncertainty. In Pennsylvania, this rule is somewhat qualified. 3 Binn. = 587; 4=20 Binn. 482. Vide generally, Bac. Max. Reg. 23; 1 Phu. Ev. 410 to 420; 3 = Stark.=20 Ev. 1021 ; I Com. Dig. 575; Sudg. Vend. 113. The civil law on this = subject will=20 be found in Dig. lib. 50, t. 17, 1. 67; lib. 45, t. 1, 1. 8; and lib. = 22, t. 1,=20 1. 4.

AMBULATORIA VOLUNTAS. A phrase used to designate that a man = has the=20 power to alter his will or testament as long as he lives. This form of = phrase=20 frequently occurs in writers on the civil law; as ambulatoria res, = ambulatoria=20 actio, potestas, conditio, &c.;Calvini Lexic.

AMENABLE. Responsible; subject to answer in a court of justice = liable=20 to punishment.

AMENDE HONORABLE, EngIish law. A penalty imposed upon a person = by way=20 of disgrace or infamy, as a punishment for any offence, or for the = purpose of=20 making reparation for any injury done to another, as the walking into = church in=20 a white sheet, with a rope about hte neck, and a ortch in the hand, and = begging=20 the pardon of God, or the king, or any private individual, for some=20 delinquency.

2. A punishment somewhat similar to this, and which bore the same = name, was=20 common in France; it was abolished by the law of the 25th of September, = 1791.=20 Merlin Rep. de Jur. h.'t.

3. For the form of a sentence of amende horrorable, see D'Agaesseau, = Oeuvres,=20 43 Plaidoyer, tom. 4, p. 246.

AMENDMENT, legislation. An alteration or change of something = proposed=20 in a bill.

2. Either house of the legislature has a rigt to make amendments; = but, when=20 so made, they must be sanctioned by the other house before they can = become a=20 law. The senate has no power to originate any money bills, (q. v,) but = may=20 propose and make amendments to such as have passed the House of = representatives.=20 Vide Congress; Senate.

3. The constitution of the United States, art. 5, and the = constitutions of=20 some of the states, provide for their amendment. The provisions = contained in tho=20 constitution of the United States, are as follows: "Congress, whenever=20 two-thirds of both houses shall deem it necessary, shall propose = amendments to=20 this constitution, or, on the application of the legislatures of = two-thirds of=20 the several states, shall call a convention for proposing amendments, = which, in=20 either case, shall be valid, to all intents and purposes, as part of = this=20 constitution, when ratified by the legislatures of three-fourths of the = several=20 states, or by conventions in three-fourths thereof, as the one or the = other mode=20 of ratification may be proposed by Congress: Provided, that no amendment = which=20 may be made prior to the year one thousand eight hundred and eight, = shall, in=20 any manner, affect the first and fourth clauses in the ninth section of = the=20 first article; and that no state, without its consent, shall be deprived = of its=20 equal suffrage in the Senate."

AMMENDMENT, practice. The correction, by allowance of the = court, of an=20 error committed in the progress of a cause.

2. Amendments at common law, independently of any statutory provision = on the=20 subject, are in all cases in the discretion of the court, for the = furtherance of=20 justice they may be made while the proceedings are in paper, that is, = until=20 judgment is signed, and during the term in which it is signed ; for = until the=20 end of the term the proceedings are considered in fieri, and = consequently=20 subject to the control of the court; 2 Burr. 756; 3 Bl. Com. 407; 1 = Salk. 47; 2=20 Salk. 666 ; 8 Salk. 31; Co. Litt. 260; and even after judgment is = signed, and up=20 to the latest period of the action, amendment is, in most cases, = allowable at=20 the discretion of the court under certain statutes passed for allowing=20 amendments of the record; and in later times the judges have been much = more=20 liberal than formerly, in the exercise of this discretion. 3 McLean, = 379; 1=20 Branch, 437; 9 Ala. 647. They may, however, be made after the term, = although=20 formerly the rule was otherwise; Co. Litt. 260, a; 3 Bl. Com. 407; and = even=20 after error brought, where there has been a verdict in a civil or = criminal case.=20 2 Serg. & R. 432, 3. A remittitur damna may be allowed after error; = 2 Dall.=20 184; 1 Yeates, 186; Addis, 115, 116; and this, although error be brought = on the=20 ground of the excess of damages remitted. 2 Serg. & R. 221. But the=20 application must be made for the remittitur in the court below, as the = court of=20 error must take the record as they find it. 1 Serg. & R. 49. So, the = death=20 of the defendant may be suggested after errer coram nobis. 1 Bin. 486; I = Johns.=20 Cases, 29; Caines' Cases, 61. So by agreement of attormeys, the record = may be=20 amended after error. 1 Bin. 75; 2 Binn. 169.

3. Amendments are, however, always Iimited by due consideration of = the rights=20 of the opposite party; and, when by the amendment he would be prejudiced = or=20 exposed to unreasonable delay, it is not allowed. Vide Bac. Ab Com. Dig. = h. t.;=20 Viner's. Ab. h. t.; 2 Arch. Pr. 200; Grah. Pt. 524; Steph. Pl. 97; 2 = Sell. Pr.=20 453; 3 Bl. Com. 406; Bouv. Inst. Index, h. t.

AMENDS. A satisfaction, given by a wrong doer to the party = injured for=20 a wrong committed. 1 Lilly's Reg. 81.

2. By statute 24 Geo. II. c. 44, in England, and by similar statutes = in some=20 of the United States, justices of the peace, upon being notified of an = intended=20 suit against them, may tender amends fore the wrong alleged or done by = them in=20 their official character, and if found sufficient, the tender debars the = action.=20 See Act of Penn. 21 March, 1772, 1 and.2; Willes' Rep. 671, 2; 6 Bin. = 83; 5=20 Serg. & R. 517, 299; 3 Id. 295; 4 Bin. 20.

AMERCEMENT, practice. A pecuniary penalty imposed upon a = person who is=20 in misericordia; as, for example, when the defendant se retaxit, or = recessit in=20 contemptum curioe. 8 Co. 58; Bar. Ab. Fines and Amercements. By the = common law,=20 none can be amerced in his absence, except for his default. Non licet = aliquem in=20 sua absentia amerciare nisi per ejus defaltas. Fleta, lib. 2, cap. 65, = 15.

2. Formerly, if the sheriff failed in obeying the writs, rules, or = orders of=20 the court, he might be amerced; that is, a penalty might be imposed upon = bim;=20 but this practice has been superseded by attachment. In New Jersey and = Ohio, the=20 sheriff may, by statutory provision, be amerced for making a return = contrary to=20 the provision of the statute. Coxe, 136, 169; 6 Halst. 334; 3 Halst. = 270, 271; 5=20 Halst. 319; 1 Green, 159, 341; 2 Green, 350; 2 South. 433; 1 Ham. 275; 2 = Ham.=20 603; 6 Ham. 452; Wright, 720.

AMERCIAMENT, AMERCEMENT, English law. A pecuniary punishment=20 arbitrarily imposed by some lord or count, in distinction from a fine = which is=20 expressed according to the statute. Kitch. 78. Amerciament royal, when = the=20 amerciament is made by the sheriff, or any other officer of the king. 4 = Bl. Com.=20 372.

AMI. A friend; or, as it is written in old works, amy. Vide = Prochein=20 amy.

AMICABLE ACTION, Pennsylvania practice. An action entered by = agreement=20 of parties on the dockets of the courts; when entered, such action is = considered=20 as if it, had been adversely commenced, and the defendant had been = regularly=20 summoned. An amicable action may be entered by attorney, independently = of the=20 provisions of the act of 1866. 8 Er & R. 567.

AMICUS CURIAE, practice. A friend of the court. One, who as a = stander=20 by, when a judge is doubtful or mistaken in a matter of law, may inform = the=20 court. 2 Inst. 178; 2 Vin. Abr. 475; and any one, as amicus curia, may = make an=20 application to the court in favor of an infant, though he be no = relation. 1 Ves.=20 Sen. 313. AMITA. A paternal aunt; the sister of one's father. Inst. 3, = 6, 3.

AMNESTY, government. An act of oblivion of past offences, = granted by=20 the government to those who have been guilty of any neglect or crime, = usually=20 upon condition that they return to their duty within a certain = period.

2. An amnesty is either express or implied; it is express, when so = declared=20 in direct terms; and it is implied, when a treaty of peace is made = between=20 contending parties. Vide Vattel, liv. 4, c. 2, 20, 21, 22; Encycl. Amer. = h.t.

3. Amnesty and pardon, are very different. The former is an act of = the sove=20 reign power, the object of which is to efface and to cause to be = forgotten, a=20 crime or misdemeanor; the latter, is an act of the same authority, which = exempts=20 the individual on whom it is bestowed from the punishment the law = inflicts for=20 the crime he has committed. 7 Pet. 160. Amnesty is the abolition and=20 forgetfulness of the offence; pardon is forgiveness. A pardon is given = to one=20 who is certainly guilty, or has been convicted; amnesty, to those who = may have=20 been so.

4. Their effects are also different. That of pardon, is the remission = of the=20 whole or a part of the punishment awarded by the law; the conviction = remaining=20 unaffected when only a partial pardon is granted: an amnesty on the = concrary,=20 has the effect of destroying the criminal act, so that it is as if it = had not=20 been committed, as far as the public interests are concerned.

5. Their application also differs. Pardon is always given to = individuals, and=20 properly only after judgment or conviction: amnesty may be granted = either before=20 judgment or afterwards, and it is in general given to whole classes of = criminals=20 or supposed criminals, for the purpose of restoring tranquillity in the = state.=20 But sometimes amnesties are limited, and certain classes are excluded = from their=20 operation.

AMORTIZATION, contracts, English law. An alienation of lands = or=20 tenements in mortraain. 2 Stat. Ed. I.

2. The reduction of the property of lands or tenements to = mortmain.

AMORTISE, contracts. To alien lands in mortmain. = AMOTION. In=20 corporations and companies, is the act of removing an officer from his = office;=20 it differs from disfranchisement, which is applicable to members, as = such.=20 Wille. on Corp. n. 708. The power of amotion is incident to a = corporation. 2=20 Str. 819; 1 Burr. 639.

2. In Rex v. Richardson, Lord Mansfield specified three sorts of = offences for=20 which an officer might be discharged; first, such as have no immediate = relation=20 to the office, but are in themselves of so infamous a nature, as to = render the=20 offender unfit to execute any public franchise; secondly, such as are = only=20 against his oath, and the duty of his office as a corporator, and amount = to=20 breaches of the tacit condition annexed to his office; thirdly, the = third=20 offence is of a mixed nature; as being an offence not only against the = duty of=20 his officer but also a matter indictable at common law. 2 Binn. R. 448. = And Lord=20 Mansfield considered the law as settled, that though a corporation has = express=20 power of amotion, yet for the first sort of offences there must be a = previous=20 indictment and conviction; and that there was no authority since Bagg's = Case, 11=20 Rep. 99, which says; that the power of trial as well as of amotion, for = the=20 second offense, is not incident to every corporation. He also observed: = "We=20 think that from the reason of the thing, from the nature of the = corporation, and=20 for the sake of order and good government, this power is incident as = much as the=20 power of making by-laws." Doug. 149. See generally, Wilcock on Mun. = Corp. 268; 6=20 Conn. Rep. 632; 6 Mass. R. 462; Ang. & Am. on Corpor. 236.

AMOTION, tort. An amotion of possession from an estate, is an = ouster=20 which happens by a species of disseisin or turning out of the legal = propritor=20 before his estate is determined. 3 Bl. Com. 198, 199. Amotion is also = applied to=20 personal chattels when they are taken unlawfully out of the possession = of the=20 owner, or of one who has a special property in them.

AMPLIATION, civil law. A deferring of judgment until the cause = is=20 further examined. In this case, the judges pronounced the word amplius, = or by=20 writing the letters N.L. for non liquet, signifying that the cause was = not=20 clear. In practice, it is usual in the courts when time is taken to form = a=20 judgment, to enter a curia advisare vult; cur. adv. vult. (q. v.)

AMPLIATION, French law. Signifies the giving a duplicate of an = acquittance or other instrument, in order that it may be produced in = different=20 places. The copies which notaries make out of acts passed before them, = and which=20 are delivered to the parties, are also called ampliations. Dict. de Jur. = h.=20 t.

AMY or ami, a French word, signifying, friend. Prochein amy, = (q. v.)=20 the next friend. Alien amy, a foreigner, the citizen or subject of some = friendly=20 power or prince.

AN, JOUR, ET WASTE. See Year, day, and waste.

ANALOGY, comtruction. The similitude of relations which exist = between=20 things compared.

2. To reason analogically, is to draw conclusions based on this = similitude of=20 relations, on the resemblance, or the connexion which is perceived = between the=20 objects compared. "It is this guide," says Toollier, which leads the law = lawgiver, like other men, without his observing it. It is analogy which = induces=20 us, with reason, to suppose that, following the example of the Creator = of the=20 universe, the lawgiver has established general and uniform laws, which = it is=20 unnecessary to repeat in all analogous cases." Dr. Civ. Fr. liv. 3, t. = 1, c. 1.=20 Vide Ang. on Adv. Enjoym. 30, 31; Hale's Com. Law, 141.

3. Analogy has been declared to be an argument or guide in forming = legal=20 judgments, and is very commonly a ground of such judgments. 7 Barn. = & Cres.=20 168; 3 Bing. R. 265; 8 Bing R. 557, 563; 3 Atk. 313; 1 Eden's R. 212; 1 = W. Bl.=20 151; 6 Ves. jr. 675, 676; 3 Swanst. R. 561; 1 Turn. & R. 103, 338; 1 = R.=20 & M. 352, 475, 477; 4 Burr. R. 1962; 2022, 2068; 4 T. R. 591; 4 = Barn. &=20 Cr. 855; 7 Dowl. & Ry. 251; Cas. t. Talb. 140; 3 P. Wms. 391; 3 Bro. = C. C.=20 639, n.

ANARCHY. The absence of all political government; by = extension, it=20 signifies confusion in government.

ANATHEMA, eccl. law. A punishment by which a person is = separate from,=20 the body of the church, and forbidden all intercourse with the faithful: = it=20 differs from excommunication, which simply forbids the person = excommunicated,=20 from going into the church and communicating with the faithful. Gal. 1. = 8,=20 9.

ANATOCISM, civil law. Usury, which consists in taking interest = on=20 interest, or receiving compound interest. This is forbidden. Code, lib. = 4, t.=20 32, 1, 30; 1 Postlethwaite's Dict.

2. Courts of equity have considered contracts for compounding = interest=20 illegal, and within the statute of usury. Cas. t. Talbot, 40; et vide = Com. Rep.=20 349; Mass. 247; 1 Ch. Cas. 129; 2 Ch. Cas. 35. And contra, 1 Vern. 190. = But when=20 the interest has once accrued, and a balance has been settled between = the=20 parties, they may lawfully agree to turn such interest into principal, = so as to=20 carry interest in futuro. Com. on Usury, ch. 2, s. 14, p. 146 et eq.

ANCESTOR, descents. One who has preceded another in a direct = line of=20 descent; an ascendant. In the common law, the word is understood as well = of the=20 immediate parents, as, of these that are higher; as may appear by the = statute 25=20 Ed. III. De natis ultra mare, and so in the statute of 6 R. III. cap. 6, = and by=20 many others. But the civilians relations in the ascending line, up to = the great=20 grandfather's parents, and those above them, they term, majores, which = common=20 lawyers aptly expound antecessors or ancestors, for in the descendants = of like=20 degree they are called posteriores. Cary's Litt.45. The term ancestor is = applied=20 to natural persons. The words predecessors and successors, are used in = respect=20 to the persons composing a body corporate. See 2 Bl. Com. 209; Bac. Abr. = h. t.;=20 Ayl. Pand. 58.

ANCESTRAL. What relates to or has, been done by one's = ancestors; as=20 homage ancestral, and the like.

ANCHOR. A measure containing ten gallons. Lex, Mereatoria.

ANCHORAGE, merc. law. A toll paid for every anchor cast from a = ship=20 into a river, and sometimes a toll bearing this name is paid, although = there be=20 no anchor cast. This toll is said to be incident to almost every port. 1 = Wm. Bl.=20 413; 2 Chit. Com. Law, 16.

ANCIENT. Something old, which by age alone has acquired some = force; as=20 ancient lights, ancient writings.

ANCIENT DEMESNE, Eng. law. Those lands which either were = reserved to=20 the crown at the original distribution of landed property, or such as = came to it=20 afterwards, by forfeiture or other means. 1. Sal. 57; hob. 88; 4 Inst. = 264; 1=20 Bl. Com. 286; Bac. Ab. h. t.; F. N. B. 14.

ANCIENT LIGHTS, estates. Windows which have been opened for = twenty=20 years or more, and enjoyed without molestation by the owner of the = house. 5 Har.=20 & John. 477; 12 Mass. R. 157,.220.

2. It is proposed to consider, 1. How the right of ancient light is = gained.=20 2, What amounts to interruption of an ancient light. 3, The remedy for=20 obstructing an ancient light.

3. =96 1. How the right of opening or keeping a window open is = gained. 1. By=20 grant. 2. By lapse of time. Formerly it was holden that a party could = not=20 maintain an action for a nuisance to an ancient light, unless he had = gained a=20 right to the window by prescription. 1 Leon. 188; Cro. Eliz. 118. But = the modern=20 doctrine is, that upon proof of an adverse enjoyment of light; for = twenty yers=20 or upwards, unexplained, a jury may be directed to presume a right by = grant, or=20 otherwise. 2 Saund. 176, a; 12 Mass. 159; 1 Esp. R. 148. See also 1 Bos. = &=20 Pull. 400.; 3 East, 299; Phil. Ev. 126; 11 East, 372; Esp. Dig. 636. But = if the=20 window was opened during the seisin of a mere tenant for life, or a = tenaucy for=20 years, and the owner in fee did not acquiesce in, or know of, the use of = the=20 light, he would not be bound. 11 East, 372; 3 Camp. 444; 4 Camp. 616. If = the=20 owner of a close builds a house upon one half of it, with a window = lighted from=20 the other half, he cannot obstruct lights on the premises granted by = him; and in=20 such case no lapse of time necessary to confirm the grantee's right to = enjoy=20 them. 1 Vent. 237, 289; 1 Lev. 122; 1 Keb. 553; Sid. 167, 227; L. Raym. = 87; 6=20 Mod. 116; 1 Price, 27; 12 Mass. 159, Rep. 24; 2 Saund. 114, n. 4; Hamm. = N. P.=20 202; Selw. N. P. 1090; Com. Dig. Action on the Case for a Nuisance, A. = Where a=20 building has been used twenty years to one purpose, (as a malt house,) = and it is=20 converted to another, (as a dwelling-house,) it is entitled in its new = state=20 only to the same degree of light which was necessary in its former = state. 1=20 Campb. 322; and see 3 Campb. 80. It has been justly remarked, that the = English=20 doctrine as to ancient lights can hardly be regarded as applicable to = narrow=20 lots in the new and growing cities of this country; for the effect of = the rule=20 would be greatly to impair the value of vacant lots, or those having low = buildings upon them, in the neighborhood of other buildings more than = twenty=20 years old. 3 Kent, Com. 446, n.

4. =96 2. What amounts to an interruption of an ancient light. Where = a window=20 has been completely blocked up for twenty years, it loses its privilege. = 3 Camp.=20 514. An abandonment of the right by express agreement, or by acts from = which an=20 abandonment may be inferred, will deprive the party having such ancient = light of=20 his right to it. The building of a blank wall where the lights formerly = existed,=20 would have that effect. 3 B. & Cr. 332. See Ad. & Ell. 325.

5. =96 3. Of the remedy for interrupting an ancient light. 1. An = action on the=20 case will lie against a person who obstructs an ancient light. 9 Co. 58; = 2=20 Rolle's Abr. 140, 1. Nusans, G 10. And see Bac. Ab. Actions on the Case, = D;=20 Carth. 454; Comb.481; 6 Mod. 116.

6. =96 Total deprivation of light is not necesary to sustain this = action, and=20 if the party cannot enjoy the light in so free and ample a manner as he = did=20 before, he may sustain the action; but there should be some sensible = diminution=20 of the light and air. 4. Esp. R. 69. The building a wall which merely = obstructs=20 the right, is not actionable. 9 Ca. 58, b; 1 Mod. 55.

7. =96 3. Nor is the opening windows and destroying, the privacy of = the=20 adjoining property; but such new window may be immediately obstructed to = prevent=20 a right to it being acquired by twenty years use. 3 Campb. 82.

8. =96 5. When the right is clearly established, courts of equity = will grant an=20 injunction to restrain a party from building so near the plaintiff's = house as to=20 darken his windows. 2 Vern. 646; 2 Bro. C. C. 65; 16 Ves. 338; Eden on = Inj. 268,=20 9; 1 Story on Eq 926; 1 Smith's Chan. Pr. 593.; 4 Simm. 559; 2 Russ. R. = 121. See=20 Injunction; Plan.

See generally on this subject, 1 Nels. Abr. 56, 7; 16 Vin. Abr. 26; 1 = Leigh's=20 N. P. C. 6, s. 8, p. 558; 12 E. C. L. R. 218; 24 Id. 401; 21 Id. 373; 1 = id. 161;=20 10 Id. 99; 28 Id. 143; 23 Am. Jur. 46 to 64; 3 Kent, Com. 446, 2d ed. 7 = Wheat.=20 R. 106; 19 Wend. R. 309; Math on Pres. 318 to 323; 2 Watts, 331; 9 Bing. = 305; 1=20 Chit. Pr. 206, 208; 2 Bouv. Inst. n. 1619-23.

ANCIENT WRITINGS, evidence. Deeds, wills, and other writings = more than=20 thirty years old, are considered ancient writings. They may in general = be read=20 in evidence, without any other proof of their execution than that they = have been=20 in the possession of those claiming rights under them. Tr. per Pais, = 370; 7=20 East, R. 279; 4 Esp. R. 1; 9 Ves. Jr. 5; 3 John. R. 292; 1 Esp. R. 275; = 5 T. R.=20 259; 2 T. R. 466; 2 Day's R. 280. But in the case of deeds, possession = must have=20 accompanied them. Plowd. 6, 7. See Blath. Pres. 271, n. (2.)

ANCIENTLY, English law. A term for eldership or seniority used = in the=20 statute of Ireland, 14 Hen. Vni.

ANCIENTS, English law. A term for gentlemen in the Inns of = Courts who=20 are of a certain standing. In the Middle Temple, all who have passed = their=20 readings are termed ancients. In Gray's Inn, the ancients are the oldest = barristers; besides which the society consists of benchers, barristers = and=20 students. In the Inas of Chancery, it conts of ancients, and students or = clerks.

ANCILLARY. That which is subordinate on, or is. subordinate = to, some=20 other decision. Encyc. Lond. 1

ANDROLEPSY. The taking by one nation of the citizens or = subjects of=20 another, in order to compel the latter to do justice to the former. = Wolff. 1164;=20 Molloy, de Jure lar. 26.

ANGEL. An ancient English coin of the value of ten shillings = sterling.=20 Jac. L. D. h. t.

ANIENS. In some of our law books signifies void, of no force. = F. N. B.=20 214.

ANIMAL, property. A name given to every animated being endowed = with=20 the power of voluntary motion. In law, it signifies all animals except = those of=20 the him, in species.

2. Animals are distinguished into such as are domitae, and such as = are ferae=20 naturae.

3. It is laid down, that in tame or domestic animals, such as horse, = kine,=20 sheep, poultry, and the like, a man may have an absolute property, = because they=20 coutiaue perpetually in his possession and occupation, and will not = stray from=20 his house and person unless by accident or fraudulent enticement, in = either of=20 which cases the owner does not lose his property. 2 Bl. Com. 390; 2 Mod. = 319.=20 1.

4. But in animals ferae naturae, a man can have no absolute property; = they=20 belong to him only while they continue in his keeping or actual = possession; for=20 if at any they regain their natural liberty, his property instantly = ceases,=20 unless they have animum revertendi, which is only to be known by their = usual=20 habit of returning. 2 Bl. Com. 396; 3 Binn. 546; Bro. Ab. Propertie, 37; = Com.=20 Dig. Biens, F; 7 Co. 17 b; 1 Ch. Pr. 87; Inst. 2, 1, 15. See also 3 = Caines' Rep.=20 175; Coop. Justin. 457, 458; 7 Johns. Rep. 16; Bro. Ab. Detinue, 44.

5. The owner of a mischievous animal, known to him to be so, is = responsible,=20 when he permits him to go at large, for the damages he may do. 2 Esp. = Cas. 482;=20 4 Campb. 198; 1 Starkie's Cas. 285; 1 Holt, 617; 2 Str.1264; Lord Raym. = 110; B.=20 N. P. 77; 1 B. & A. 620; 2 C. M.& R. 496; 5 C.& P. 1; S. C. = 24 E. C.=20 L. R. 187. This principle agrees with the civil law. Domat, Lois Civ. = liv. 2, t.=20 8, s. 2. And any person may justify the killing of such ferocious = animals. 9=20 Johns. 233; 10. Johns. 365; 13 Johns. 312. The owner, of such an animal = may be=20 indicted for a common nuisance. 1 Russ. Ch. Cr. Law, 643; Burn's Just.,=20 Nuisance, 1.

6. In Louisiana, the owner of an animal is answerable for the damage = he may=20 cause; but if the animal be lost, or has strayed more than a day, he may = discharge himself from this responsibility, by abandoning him to the = person who=20 has sustained the injury; except where the master turns loose a = dangerous or=20 noxious animal; for then he must pay all the harm done, without being = allowed to=20 make the abndonment. Civ. Code, art. 2301. See Bouv. Inst. Index, h. = t.

ANIMANLS OF A BASE NATURE. Those which, though they may be = reclaimed,=20 are not Such that at common law a larceny may be committed of them, by = reason of=20 the baseness of their nature. Some animals, which are now usually tamed, = come=20 within this class; as dogs and cats; and others which, though wild by = nature,=20 and oftener reclaimed by art and industry, clearly fall within the same = rule;=20 as, bears, foxes, apes, monkeys, ferrets, and the like. 3 Inst. 109,; 1 = Hale, P.=20 C. 511, 512; 1 Hawk. P. C. 33, s. 36; 4 Bl. Com. 236; 2 East, P. C. 614. = See 1=20 Saund. Rep. 84, note 2.

ANIMUS. The intent; the mind with which a thing is done, as = animus.=20 cancellandi, the intention of cancelling; animus farandi, the intention = of=20 stealing; animus maiaendi; the intention of remaining; auimus morandi, = the=20 intention or purpose of delaying.

2. Whether the act of a man, when in appearance criminal, be so or = not,=20 depends upon the intention with which it was done. Vide Intention.

ANIMUS CANCELLANDI. An intention to destroy or cancel. The = least=20 tearing of a will by a testator, animus cancellandi, renders it invalid. = See=20 Cancellation.

ANIMUS FURANDI, crim. law. The intention to steal. In order to = comstitute larceny, (q. v.) the thief must take the property anino = furandi; but=20 this, is expressed in the definition of larceny by the word felonious. 3 = Inst.=20 107; Hale, 503; 4. Bl. Com. 229. Vide 2 Russ. on Cr. 96; 2 Tyler's R. = 272. When=20 the taking of property is lawful, although it may afterwards be = converted animo=20 furandi to the taker's use, it is not larceny. 3 Inst. 108; Bac. Ab. = Felony, C;=20 14 Johns. R. 294; Ry. & Mood. C. C. 160; Id. 137; Prin. of Pen. Law, = c. 22,=20 3, p. 279, 281.

ANIMUS MANENDI. The intention of remaining. To acquire a = domicil, the=20 party must have his abode in one place, with the intention of remaining = there;=20 for without such intention no new domicil can be gained, and the old = will not be=20 lost. See Domicile.

ANIMUS RECIPIENDI. The intention of receiving. A man will = acquire no=20 title to a thing unless he possesses it with an intention of receiving = it for=20 himself; as, if a thing be bailed to a man, he acquires no title.

ANIMUS REVERTENDI. The intention of returning. A man retains = his=20 domicil, if he leaves it animo revertendi. 3 Rawle, R. 312; 1 Ashm. R. = 126;=20 Fost. 97; 4 Bl. Com. 225; 2 Russ. on Cr. 18; Pop. 42,. 62; 4 Co. 40.

ANIMUS TESTANDI. An intention to make a testament or will. = This is=20 required to make a valid will; for whatever form may have been adopted, = if there=20 was no animus testandi, there can be no will. An idiot for example, can = make no=20 will, because he has no intention.

ANN, Scotch law. Half a year's stipend over and above what is = owing=20 for the incumbency due to a minister's relict, or child, or next of kin, = after=20 his decease. Wishaw. Also, an abbreviation of annus, year; also of = annates. In=20 the old law French writers, ann or rathe r an, signifies a year. Co. Dig = h.=20 v.

ANNATES, ecc. law. First fruits paid out of spiritual = benefices to the=20 pope, being, the value of one year's profit.

ANNEXATION, property. The union of one thing to another.

2. In the law relating to fixtures, (q. v.) annexation is actual or=20 constructive. By actual annexation is understood every movement by which = a=20 chattel can be joined or united to the freehold. By constructive = annexation is=20 understood the union of such things as have been holden parcel of the = realty,=20 but which are not actually annexed, fixed, or fastened to the freehold; = for=20 example, deeds, or chattels, which relate to the title of the = inheritance. Shep.=20 Touch. 469. Vide Anios & Fer. on Fixtures, 2.

3. This term has been applied to the union of one country, to = another; as=20 Texas was annexed to the United States by the joint reolution of = Congress of=20 larch 1, 1845., See Texas.

ANNI NUBILES. The age at which a girl becomes by law fit for = marriage,=20 which is twelve years.

ANNIENTED. From the French aneantir; abrogated or made null. = Litt.=20 sect. 741.

ANNO DOMINI, in the year of our Lord, abbreviated, A. D. The=20 computation of time from the incarnation of our Saviour which is used as = the=20 date of all public deeds in the United tites and Christian countries, on = which=20 account it is called the "vulgar vera."

ANNONAE CIVILES, civil law. A species of rent issuing out of = certain=20 lands, which were paid to Rome monasteries.

ANNOTATION, civil law. The designation of a place of = deportation. Dig.=20 32, 1, 3 or the summoning of an, absentee. Dig. lib. 5.

2. In another sense, annotations were the answers of the prince to = questions=20 put to him by private persons respecting some doubtful point of law. See = Rescript.

ANNUAL PENSION, Scotch law. Annual rent. A yearly profit due = to a=20 creditor by way of interest for a given sum of money. Right of annual = rent, the=20 original right of burdening land with payment yearly for the payment of=20 money.

ANNUITY, contracts. An anuity is a, yearly sum of money = granted by one=20 party to another in fee for life or years, charging the person of the = grantor=20 only. Co. Litt. 144; 1 Lilly's Reg. 89; 2 Bl. Com. 40; 5 M. R. 312; = Lumley on=20 Annuities. 1; 2 Inst. 293; Davies' Rep. 14, 15.

2. In a less technical sense, however, when the money is chargeable = on land=20 and on the person, it is generally called an annuity. Doet. and Stud = Dial. 2,=20 230; Roll. Ab. 226. See 10 Watts, 127.

3. An anuuity is different from a rent charge, with which it is = frequently=20 confounded, in this; a rent charge is a burden imposed upon and issuing = out of=20 lands, whereas an annuity is chargeable only upon the person of the = grantee.=20 Bac. Abr. Annuity, A. See, for many, regulations in England relating to=20 annuities, the Stat,. 17 Geo. III. c. 26.

4. An annuity may be created by contract, or by will. To enforce the = payment=20 of an annuity, the common law gives a writ of annuity which may be = brought by=20 the grantee or his heirs, or their grantees, against the grantor and his = heirs.=20 The action of debt cannot be maintained at the common law, or by the = Stat. of 8=20 Anne, c. 14, for the arrears of an annuity devised to A, payable out of = lands=20 during the life of B, to whom the lands are devised for life, B paying = the=20 annuity out of it, so long as the freehold estates continues. 4 M. & = S. 113;=20 3 Brod. & Bing. 30; 6 Moore, 336. It has been ruled also, that if an = action=20 of annuity be brought, and the annuity determines pending the suit, the = writ=20 faileth forever because no such action is maintainable for arrearages = only, but=20 for the annuity and the arrearages. Co. Litt. 285, a.

5. The first payment of an annuity is to be made at the time = appointed in the=20 instrument creating it. In cases where testator directs the annuity to = be paid=20 at the end of the first quarter, or other period before the expiration = of the=20 first year after his death, it is then due; but in fact it is not = payable by the=20 executortill the end of the year. 3 Mad. Ch. R. 167. When the time is = not=20 appointed, as frequently happens in will, the following distinction is = presumed=20 to exist. If the bequest be merely in the form of an annuity as a gift = to a man=20 of "an annuity of one hnndred dollars for life" the first payment will = be due at=20 the end of the year after the testator's death. But if the disposition = be of a=20 sum of money, and the interest to be given as an annuity to the same man = for=20 life, the first payment will not accrue before the expiration of the = second year=20 after ihe testator's death. This distinction, though stated from the = bench, does=20 not appear to have been sanctioned by express decision. 7 Ves. 96, = 97.

6. The Civil Code of Louisiana makes the following provisions in = relation to=20 annuities, namely: The contract of annuity is that by which one party = delivers=20 to another a sum of money, and agrees not to reclaim it, so long as the = receiver=20 pays the rent agreed upon. Art. 2764.

7. This annuity mav be perpetual or for life. Art. 2765.

8. The amount of the annuity for life can in no case exceed the = double of the=20 conventional interest. The amount of the perpetual annuity cannot exceed = the=20 double of the conventional interest. Art. 2766.

9. Constituted annuity is essentially redeemable. Art. 2767.

10. The debtor of a constituted annuity may be compelled to redeem = the same:=20 1, If he ceases fulfilling his obligations during three years: 2, If he = does not=20 give the lender the securities promised by the contract. Art. 2768.

11. If the debtor should fail, or be in a state of insolvency, the = capital of=20 the constituted annuity becomes exigible, but only up to the amount at = wich it=20 is rated, according to the order of contribution amongst the creditors. = Art.=20 2769.

12. A similar rule to that contained in the last article has been = adopted in=20 England. See stat. 6 Geo. IV., c. 16, s. 54 and 108; note to Ex parte = James, 5=20 Ves. 708; l Sup. to Ves. Jr. 431; note to Franks v. Cooper, 4 Ves. 763; = 1 Supp.=20 to Ves. Jr. 308. The debtor, continues the Code, may be compelled by his = security to redeem the annuity within the time which has been fixed in = the=20 contract, if any time has been fixed, or after ten years, if no mention = be made=20 of the time in the act. Art. 2770.

13. The interest of the sums lent, and the arrears of constituted and = life=20 annuity, cannot bear interest but from the day a judicial demand of the = same has=20 been made by the creditor, and when the interest is due for at least one = whole=20 year. The parties may only agree, that the same shall not be redeemed = prior to a=20 time which cannot exceed ten years, or without having warned the = creditor a time=20 before, which they shall limit. Art. 2771. See generally, Vin. Abr. = Annuity;=20 Bac. Abr. Annuity and Rent; Com. Dig. Annuity; 8 Com. Dig. 909; Doct. = Plac. 84;=20 1 Rop. on Leg. 588; Diet. de Jurisp. aux mots Rentes viageres, Tontine. = 1 Harr.=20 Dig. h. t.

ANNUM DIEM ET VASTUM, English law. The title which the king = acquires=20 in land, when a party, who held not of the king, is attainted of felony. = He=20 acquires the power not only to take the profits for a full year, but to = waste=20 and demolish houses, and to extirpate woods and trees.

2. This is but a chattel interest.

ANONYMOUS. Without name. This word is applied to such.books, = letters=20 or papers, which are published without the author's name. No man is = bound to=20 publish his name in connexion with a book or paper he has publisbed; but = if the=20 publication is libellous, he is equally responsible as if his name were=20 published.

ANSWER, pleading in equity. A defence in writing made by a = defendant,=20 to the charges contained in a bill or information, filed by the = plaintiff=20 against him in a court of equity. The word answer involves a double = sense; it is=20 one thing when it simply replies to a question, another when it meets a = charge;=20 the answer in equity includes both senses, and may be divided into an=20 examination and a defence. In that part which consists of an = examination, a=20 direct andfull answer, or reply, must in general be given to every = question=20 asked. In that part which consists of a defence, the defendant must = state his,=20 case distinctly; but is not required to give information respecting the = proofs=20 that are to maintain it. Gresl . Eq. Ev. 19.

2. As a defendant is called by a bill or information to make a = discovery of=20 the several cbarges it contains, he must do so, unless he is protected = either by=20 a demurrer a plea or disclaimer. It may be laid down as an invariable = rule, that=20 whatever part of a bill or information is not covered by one of these, = must be=20 defended by answer. Redesd. Tr. Ch. PI. 244.

3. In form, it usually begins, 1st, with its title, specifying which = of the=20 defendants it is the answer of, and the names of the plaintiffs in the = cause in=20 which it is filed as answer; 2d, it reserves to the defendant all the = advantages=20 which might be taken by exception to the bill; 3d, the substance of the = answer,=20 according to the defendant's knowledge, remembrance, information and = belief,=20 then follows, in which the matter of the bill, with the interrogatories = founded=20 thereon, are answered, one after the other, together with such = additional matter=20 as the defendant thinks necessary to bring forward in his, defence, = either for=20 the purpose of qualifying, or adding to, the case made by the bill, or = to state=20 a new case on his own behalf; 4th, this is followed by a general = traverse or=20 denial of all unlawful combinations charged in the bill, and of all = other=20 matters therein contained 5th, the answer is always upon oath or = affirmation,=20 except in the case of a corporation, in which case it is under the = corporate=20 seal.

4. In substance, the answer ought to contain, 1st, a statement of = facts and=20 not arguments 2d, a confession and avoidance, or traverse and denial of = the=20 material parts of the bill 3d, its language ought to be direct and = without=20 evasion. Vide generally as to answers, Redes. Tr. Ch. PI. 244 to 254; = Coop. Pl.=20 Eq. 312 to 327; Beames PI. Eq. 34 et seq.; Bouv. Inst. Index, h. t. For = an=20 historical account of this instrument, see 2 Bro. Civ. Law, 371, n. and = Barton's=20 Hist. Treatise of a Suit in Equity.

ANSWER, practice. The declaration of a fact by a witness after = a=20 question has been put asking for it.

2. If a witness unexpectedly state facts against the interest of the = party=20 calling him, other witnesses may be called by the same party, to = disprove those=20 facts. But the party calling a witness cannot discredit him, by calling=20 witnesses to prove his bad character for truth and veracity, or by = proving that=20 he has made statements out of court contrary to what he has sworn on the = trial;=20 B. N. P.; for the production of the witness is virtually an assertion by = the=20 party producing him, that he is credible.

ANTECEDENT. Something that goes before. In the construction of = laws,=20 agreements, and the like, reference is always to be made to the last = antecedent;=20 ad proximun antecedens fiat relatio. But not only the antecedents but = the=20 subsequent clauses of the instrument must be considered: Ex = antecedentibus et=20 consequentibus fit optima interpretatio.

/B>. Before suit brought, before controversy moved.

ANTEDATE. To, put a date to an instrument of a time before the = time it=20 was written. Vide Date.

ANTENATI. Born before. This term is applied to those who were = born or=20 resided within the United States before or at the time of the = declaration of=20 independence. These had all the rights of citizens. 2 Kent, Com. 51, et = seq.

ANTE-NUPTIAL. What takes place before marriage; as, an = ante-nuptial=20 agreement, which is an agreement made between a man and a woman in = contemplation=20 of marriage. Vide Settlement.

ANTHETARIUS, obsolete See Anti-thetarius.

ANTI-MANlFESTO. The declaration of the reasons which one of = the=20 belligerents publishes, to show that the war as to him is defensive. = Wolff,=20 1187. See Manifesto.

ANTlCIPATION. The act of doing or taking a thing before its = proper=20 time.

2. In deeds of trust there is frequently a provision that the income = of the=20 estate shall be paid by the trustee as it shall accrue, and not by way = of=20 anticipation. A payment made contrary to such provision would not be = considered=20 as a discharge of the trustee.

ANTICHRESIS, contracts. A word used in the civil law to denote = the=20 contract by which a creditor acquires the right of reaping the fruit or = other=20 revenues of the immovables given to him in pledge, on condition of = deducting,=20 annually, their proceeds from the interest, if any is due to him, and = afterwards=20 from the principal of his debt. Louis. Code, art. 3143 Dict. de Juris.=20 Antichrese, Mortgage; Code Civ. 2085. Dig. 13, 7, 7 ; 4, 24, 1 Code, 8, = 28,=20 1.

ANTINOMY. A term used in the civil law to signify the real or = apparent=20 contradiction between two laws or two decisions. Merl. Repert. h. t. = Vide=20 Conflict of Laws.

ANTIQUA CUSTOMA, Eng. law. A duty or imposition which was = collected on=20 wool, wool-felts, and leather, was so called. This custom was called = nova=20 customa until the 22 Edw. I., when the king, without parliament, set a = new=20 imposition of 40s. a sack, and then, for the first time, the nova = customa went=20 by the name of antiqua customa. Bac. Ab. Smuggling &c. B.

ANTIQUA STATUTA. In England the statutes are divided into new = and=20 ancient statutes; since the time of memory; those from the time 1 R. I. = to E.=20 III., are called antiqua statuta =96 those made since, nova statuta.

ANTITHETARIUS, old English law. The name given to a man who = endeavors=20 to discharge himself of the crime of which he is accused, by retorting = the=20 charge on the accuser. He differs from an approver (q, v.) in this, that = the=20 latter does not charge the accuser, but others. Jacob's Law Dict.

APARTMENTS. A part of a house occupied by a person, while the = rest is=20 occupied by another, or others. 7 Mann. & Gr. 95 ; 6 Mod. 214 ; = Woodf. L.=20 & T. 178. See House.

APOSTACY, Eng. law. A total renunciation of the Christian = religion,=20 and differs from heresy. (q. v.) This offence is punished by the statute = of 9=20 and 10 W. III. c. 32. Vide Christianity.

APOSTLES. In the British courts of admiralty, when a party = appeals=20 from a decision made against him, he prays apostles from the judge, = which are=20 brief letters of dismission, stating the case, and declaring that the = record=20 will be transmitted. 2 Brown's Civ. and Adm. Law, 438; Dig. 49. 6.

2. This term was used in the civil law. It is derived from apostolos, = a Greek=20 word, which signifies one sent, because the judge from whose sentence an = appeal=20 was made, sent to the superior judge these letters of dismission, or = apostles.=20 Merl. Rep. mot Apotres.

APPARATOR or APPARITOR, eccles. law. An officer or messenger = employed=20 to serve the process of the spiritual courts in England.

APPARENT. That which is manifest what is proved. It is = required that=20 all things upon which a court must pass, should be made to appear, if = matter in=20 pays, under oath if matter of record, by the record. It is a rule that = those=20 things which do not appear, are to be considered as not existing de non=20 apparentibus et non existentibus eadem est ratio. Broom's Maxims, 20, = What does=20 not appear, does not exist; quod non apparet, non est.

APPARLEMENT. Resemblance. It is said to be derived from = pareillement,=20 French, in like manner. Cunn. Dict. h. t.

APPEAL, English crim. law. The accusation of a person, in a = legal=20 form, for a crime committed by him; or, it is the lawful declaration of = another=20 man's crime, before a competent judge, by one who sets his name to the=20 declaration, and undertakes to prove it, upon the penalty which may = ensue=20 thereon. Vide Co. Litt. 123 b, 287 b; 6 Burr. R. 2643, 2793; 2 W. Bl. R. = 713; 1=20 B. & A. 405. Appeals of murder, as well as of treason, felony, or = other=20 offences, together with wager of battle, are abolished by stat. 59 Geo. = M. c.=20 46.

APPEAL, practice. The act by which a party submits to the = decision of=20 a superior court, a cause which has been tried in an inferior tribunal. = 1 S.=20 & R. 78 Bin. 219; 3 Bin. 48.

2. The appeal generally annuls the judgment of the inferior court, so = far=20 that no action can be taken upon it until after the final decision of = the cause.=20 Its object is to review the whole case, and to secure a just judgment = upon the=20 merits.

3. An appeal differs from proceedings in error, under which the = errors=20 committed in the proceedings are examined, and if any have been = committed the=20 first judgment is reversed; because in the appeal the whole case is = exainined=20 and tried as if it had not been tried before. Vide Dane's Ab. h. t.; = Serg.=20 Const. Law Index, h. t. and article Courts of the United States.

APPEARANCE, practice. Signifies the filing common or special = bail to=20 the action.

2. The appearance, with all other subsequent pleadings supposed to = take=20 placein court, should (in accordance with the ancient practice) purport = to be in=20 term time. It is to be observed, however, that though the proceedings = are=20 expressed as if occurring in term time, yet, in fact, much of the = business is=20 now done, in periods of vacation.

3. The appearance of the parties is no longer (as formerly) by the = actual=20 presence in court, either by themselves or their attorneys; but, it must = be=20 remembered, an appearance of this kind is still supposed, and exists in=20 contemplation of law. The appearance is effected on the part of the = defendant=20 (when be is not arrested) by making certain formal entries in the proper = office=20 of the court, expressing his appearance; 5 Watts & Serg. 215; 1 = Scam. R.=20 250; 2 Seam. R. 462; 6 Port. R. 352; 9 Port. R. 272; 6 Miss. R. 50; 7 = Miss. R.=20 411; 17 Verm. 531; 2 Pike, R. 26; 6 Ala. R. 784; 3 Watts & Serg. = 501; 8=20 Port. R. 442; or, in case of arrest, it may be considered as effected by = giving=20 bail to the action. On the part of the plaintiff no formality expressive = of=20 appearance is observed.

4. In general, the appearance of either party may be in person or by=20 attorney, and, when by attorney, there is always supposed to be a = warrant of=20 attorney executed to the attorney by his client, authorizing such=20 appearance.

5. But to this general rule there are various exceptions; persons = devoid of=20 understanding, as idiots, and persons having understanding, if they are = by law=20 deprived of a capacity to appoint an attorney, as married women, must = appear in=20 person. The appearance of such persons must purport, and is so entered = on the=20 record, to be in person, whether in fact an attorney be employed or not. = See=20 Tidd's Pr. 68, 75; 1 Arch. Pract. 22; 2 John. 192; 8 John. 418; 14 John. = 417; 5=20 Pick. 413; Bouv. Inst. Index, h. t.

6. There must be an appearance in person in the following cases: 1st. = An=20 idiot can appear only in person, and as, a plaintiff he may sue in = person or by=20 his next friend 2d. A married woman, when sued without her hushand, = should=20 defend in person 3 Wms. Saund. 209, b and when the cause of action = accrued=20 before her marriage, and she is afterwards sued alone, she must plead = her=20 coverture in person, and not by attorney. Co. Litt. 125. 3d. When the = party=20 pleads to the jurisdiction, be must plead in person. Summ.on Pl. 51; = Merrif. Law=20 of Att. 58. 4th. A plea of misnomer must always be in person, unless it = be by=20 special warrant of attorney. 1 Chit. PI. 398; Summ. on PI. 50; 3 Wms. = Saund. 209=20 b.

7. An infant cannot appoint an attorney; he must therefore prosecute = or=20 appear by guardian, or prochein ami.

8. A lunatic, if of full age, may appear by. attorney; if, under age, = by=20 guardian. 2 Wms. Saund. 335; Id. 332 (a) n. (4.)

9. When an appearance is lawfully entered by the defendant, both = parties are=20 considered as being in court. lmp. Pr. 215. And if the defendant pleads = to=20 issue, defects of process are cured but not, if he demurs to the = process, (I=20 Lord Raym. 21,) or, according to the practice of some courts, appears de = bene=20 esse, or otherwise conditionally.

10. In criminal cases, the personal presence of the accused is often=20 necessary. It has been held, that if the record of a conviction of a = misdemeaner=20 be removed by certiorari, the personal presence of the defendant is = necessary,=20 in order to move in arrest. of judgment: but, after a special verdict, = it is not=20 necessary that the defendant should be personally present at the = argument of it.=20 2 Burr. 931 1 Bl. Rep. 209, S. C. So, the defendant must appear = personally in=20 court, when an order of bastardy is quashed and the reason is, he must = enter=20 into a recognizance to abide the order of sessions below. 1 Bl. Rep. = 198. So, in=20 a case, when two justices of the peace, having confessed an information = for=20 mishehaviour in the execution of their office, and a motion was made to = dispense=20 with their personal appearance, on their clerks undertaking in court to = answer=20 for their flues, the court declared the rule to be, that although such a = motion=20 was subject to the discretion of the court either to grant or refuse it, = in=20 cases where it is clear that the punishment would not be corporal, yet = it ought=20 to be denied in every case where it is either probable or possible that = the=20 punishment would be corporal; and therefore the motion was overruled in = that=20 case. And Wilmot and Ashton, Justices, thought, that even where the = punishment=20 would most probably be pecuniary only, yet in offences of a very gross = and=20 public nature, the persons convicted should appear in person, for the = sake of=20 example and prevention of the like offences being committed by other = persons; as=20 the notoriety of being called up to answer criminally for such offences, = would=20 very much conduce to deter others from venturing to commit the like. 3 = Burr.=20 1786, 7.

APPEARANCE DAY. The day on which the parties are bound to = appear in=20 court. This is regulated in the different states by particular = provisions.

APPELLANT, practice. He who makes an appeal from one = jurisdiction to=20 another.

APPELLATE JURISDICTION. The jurisdiction which a superior = court has to=20 bear appeals of causes which have been tried in inferior courts. It = differs from=20 original jurisdiction, which is the power to entertain suits instituted = in the=20 first in stance. Vide Jurisdiction; Original jurisdiction.

APPELLEE, practice. The party in a cause against whom an = appeal has=20 been taken.

APPELLOR. A criminal who accuses his accomplices; one who = challenges a=20 jury.

APPENDANT. An incorporeal inheritance belonging to another=20 inheritance.

2. By the word appendant in a deed, nothing can be conveyed which is = itself=20 substantial corporeal real property, and capable of passing by feoffment = and=20 livery of seisin: for one kind of corporeal real property cannot be = appendant to=20 another description of the like real property, it being a maxim that = land cannot=20 be appendant to land. Co. Litt. 121; 4 Coke, 86; 8 Barn. & Cr. 150; = 6 Bing.=20 150. Only, such things can be appendant as can consistently be so, as a = right of=20 way, and the like. This distinction is of importance, as will be seen by = the=20 following case. If a wharf with the appurtenances be demised, and the = water=20 adjoining the wharf were in tended to pass, yet no distress for rent on = the=20 demised premises could be made on a barge on the water, because it is = not a=20 place which could pass as a part of the thing demised. 6 Bing. 150.

3. Appendant differs from appurtenant in this, that the former always = arises=20 from prescription, whereas an appurtenance may be created at any time. 1 = Tho.=20 Co. Litt. 206; Wood's Inst. 121; Dane's Abr. h. t.; 2 Vin. Ab. 594; Bac. = Ab.=20 Common, A 1. And things appendant must have belonged by prescription to = another=20 principal substantial thing, which is considered in law as more worthy. = The=20 principal thing and the appendant must be appropriate to each other in = nature=20 and quality, or such as may be properly used together. 1 Chit. Pr. = 154.

APPENDITIA. From appendo, to hang at or on; the appendages or=20 pertinances of an estate the appurtenauces to a dwelling, &c.; thus=20 pent-houses, are the appenditia domus, &c.

APPLICATION. The act of making a request for something; the = paper on=20 which the request is written is also called an application; as, an = application=20 to chancery for leave to invest trust funds; an application to an = insurance=20 company for insurance. In the land law of Pennsylvania, an application = is=20 understood to be a request in writing to have a certain quantity of land = at or=20 near a certain place therein mentioned. 3 Binn. 21; 5 Id. 151; Jones on = Land=20 Office Titles, 24.

2. An application for insurance ought to state the facts truly as to = the=20 object to be insured, for if any false representation be made with a = fraudulent=20 intent, it will avoid the policy. 7 Wend. 72.

3. By application is also meant the use or disposition of a thing; as = the=20 application of purchase money.

4. In some cases a purchaser who buys trust property is required, to = see to=20 the application of thee purchase money, and if be neglects to do so, and = it be=20 misapplied, he will be considered as a trustee of the property he has so = purchased. The subject will be examined by considering, 1, the kind of = property=20 to be sold; 2, the cases where the purchaser is bound to see to the = application=20 of the purchase money in consequence of the wording of the deed of = trust.

5. =96 1. Personal property is liable, in the hands of the executor, = for the=20 payment of debts, and the purchaser is therefore exempted from seeing to = the=20 application of the purchase money, although it may have been bequeathed = to be=20 sold for the payment of debts. 1 Cox, R. 145; 2 Dick. 725; 7 John. Ch. = Rep.,=20 150, 160; 11 S. & R. 377, 385; 2 P. Wms. 148; 4 Bro. C. C. 136; = White's L.=20 C. in Eq. 54; 4 Bouv. Inst. n. 3946.

6. With regard to real estate, which is not a fund at law for the = payment of=20 debt's, except where it is made so by act of assembly, or by direction = in the=20 will of the testator or deed of trust, the purchaser from an executor or = trustee=20 may be liable for the application of the purchase money. And it will now = be=20 proper to consider the cases where such liability exists.

7. =96 2. Upon the sale of real estate, a trustee in whom the legal = title is=20 vested, can it law give a valid discharge for the purchase money, = because he is=20 the owner at law. In equity, on the contrary, the persons among whom the = produce=20 of the sale is to be distributed are considered the owners; and a = purchaser must=20 obtain a discharge from them, unless the power of giving receipts is = either=20 expressly or by implication given to the trustees to, give receipts for = the=20 purchase money. It is, for this reason, usual to provide in wills and = trust=20 deeds that the purchaser shall not be required to see to the application = of the=20 purchase money.

APPOINTEE. A person who is appointed or selected for a = particular=20 purpose; as the appointee under a power, is the person who is to receive = the=20 benefit of the trust or power.

/B>. One authorized by the donor under the statute of uses, to = execute a=20 power. 2 Bouv. Ins. n. 1923.

APPOINTMENT, chancery practice. The act of a person authorized = by a=20 will or other instrument to direct how trust property shall be disposed = of,=20 directing such disposition agreeably to the general directions of the = trust.

2. The appointment must be made in such a manner as to come within = the spirit=20 of the power. And although at law the rule only requires that some = allotment,=20 however small, shall be given to each person, when the power is to = appoint to=20 and among several persons; the rule in equity differs, and requires a = real and=20 substantial portion to each, and a mere nominal allotment to one is = deemed=20 illusory and fraudulent. When the distribution is left to discretion, = without=20 any prescribed rule, Is to such of the children as the trustee shall = think=20 proper, he may appoint to one only; 5 Ves. 857; but if the words be, = 'amongst'=20 the children as he should think proper, each must have a share, and the = doctrine=20 of illusory appointment applies. 4 Ves. 771 Prec. Ch. 256; 2 Vern. 513. = Vide,=20 generally, 1 Supp. to Ves. Jr. 40, 95, 201, 235, 237; 2 Id. 1 27; 1 = Vern.67, n.;=20 1 Ves. Jr. 31 0, n.; 4 Kent, Com. 337; Sugd. on Pow. Index, h. t.; 2 = Hill. Ab.=20 Index, h. t.; 2 Bouv. Inst. n. 1921, et seq.

APPOINTMENT, government, wills. The act by which a person is = selected=20 and invested with an office; as the appointment of a judge, of which the = making=20 out of his commission is conclusive evidence. 1 Cranch, 137, 155; 10 = Pet. 343.=20 The appointment of an executor, which is done by nominating him as such = in a=20 will or testament.

2. By appointment is also understood a public employment, nearly = synonymous=20 with office. The distinction is this, that the term appointment is of a = more=20 extensive signification than office; for example, the act of authorizing = a man=20 to print the laws of the United States by authority, and the right = conveyed by=20 such an act, is an appointment, but the right thus conveyed is not an = office. 17=20 S. & R. 219, 233. See 3 S. & R. 157; Coop. Just. 599, 604.

APPORTIONMENT, contracts. Lord Coke defines it to be a = division or=20 partition of a rent, common, or the like, or the making it into parts. = Co .=20 Litt. 147. This definition seems incomplete. Apportionment frequently = denotes,=20 not, division, but distribution; and in its ordinary technical sense, = the=20 distribution of one subject in proportion to another previously = distributed. 1=20 Swanst. C. 87, n.

2. Apportionment will here be considered only in relation to = contracts, by=20 talking a view, 1, of such as are purely personal and, 2, of such as = relate to=20 the realty.

3. =96 1. When a Purely personal contract is entire and not divisible = in its=20 nature, it is manifest it cannot be apportioned; as when the subject of = the=20 contract is but one thing, and there is but one creditor and one debtor, = neither=20 can apportion the obligation without the consent of the other. In such = case the=20 creditor cannot force his debtor to pay him a part of his debt only, and = leave=20 the other part unpaid, nor can the debtor compel his creditor to receive = a part=20 only of what is due to him on account of his claim. Nor can the assignee = of a=20 part sustain an action for such part. 5 N. S. 192.

4. When there is a special contract between the parties, in general = no=20 compensation can be received unless the whole contract has been actually = fulfilled. 4 Greenl. 454; 2 Pick. R. 267; 10 Pick. R. 209; 4 Pick. R. = 103; 4=20 M'Cord, R. 26, 246; 6 Verm. R. 35. The subject of the contract being a = complex=20 event, constituted by the performance of various acts, the imperfect = completion=20 of the event, by the performance of only some of those acts, cannot, by = virtue=20 of that contract, of which it is not the subject, afford a title to the = whole,=20 or any part of the stipulated benefit. See 1 Swanst. C. 338, n. and the = cases=20 there cited; Story, Bailm. 441; Chit. Contr. 168; 3 Watts, 331; 2 Mass. = 147,=20 436; 3 Hen. & Munf. 407; 2 John. Cas. 17; 13 John. R. 365; 11 Wend. = 257; 7=20 Cowen, 184; 8 Cowen, 84; 2 Pick. 332. See generally on the subject of = the=20 apportionment, of personal obligations, 16 Vin. Ab. 138; 22 Vin. Ab. 13; = Stark.=20 Ev. part 4, p. 1622; Com. Dig. Chancery, 2 E and 4 N 5; 3 Chit. Com. Law = 129;=20 Newl. Contr. 159; Long on Sales, 108. And for the doctrine of the civil = law, see=20 Dumoulin, de dividuo et individuo, part 2, n. 6, 7; Toull. Dr. Civ. Fr. = liv. 3,=20 tit 3, c. 4, n. 750, et seq.

5. =96 2. With regard to rents, the law is different. Rents may in = general be=20 apportioned, and this may take place in several ways; first, by the act = of the=20 landlord or reversioner alone, and secondly, by virtue of the statute of = 11 Geo.=20 II., c. 19, s. 15, or by statutes in the several states in which its = principles=20 have been embodied.

6. =96 1. When there is a subsisting obligation on the part of the = tenant to=20 pay a certain reat, the reversioner may sell his estate in different = parts, to=20 as many persons as he may deem proper, and the lessee or tenant will be = bound to=20 pay to each a proportion of the rent. 3 Watts, 404; 3 Kent Com. 470, 3d. = ed.;=20 Co. Litt. 158 a; Gilb. on Rents, 173; 7 Car. 23; 13 Co. 57 Cro. Eliz. = 637, 651;=20 Archb. L. &. T. 172 5 B. & A.876; 6 Halst. 262. It is usual for = the=20 owners of the reversion to agree among themselves as to the amount which = each is=20 to receive; but when there is no agreement, the rent will be apportioned = by the=20 jury. 3 Kent, Com. 470; 1 Bouv. Inst. n. 697.

7. =96 2. Rent may be apportioned as to time by virtue of the stat. = 11 Geo. H.,=20 C. 19, s. 15, by which it is provided that the rent due by a tenant for = life,=20 who dies during the currency of a quarter, of a year, or other division = of time=20 at which the rent was made payable, shall be apportioned to the day of = his=20 death. In Delaware, Missouri, New Jersey, and New York, it is provided = by=20 statutes, that if the tenant for life, lessor, die on the rent day, his=20 executors may recover the whole rent; if before, a proportional part. In = Delaware, Kentucky, Missouri, and New York, when one is entitled to = rents,=20 depending on the life of another, he may recover them notwithstanding = the death=20 of the latter. In Delaware, Kentucky, Missouri, and Virginia, it is = specially=20 provided, that the hushand, after the death of his wife, may recover the = rents=20 of her lands. 1 Hill. Ab. c. 16, 50. In Kentucky, the rent is to be = apportioned=20 when the lease is determined upon any contingency.

8. When the tenant is deprived of the land, as by eviction, by title=20 paramount, or by quitting the premises with the landlord's consent, in = the=20 absence of any agreement to the contrary, his obligation to pay rent = ceases, as=20 regards the current quarter or half year, or other day of payment, as = the case=20 may be. But rent which is due may be recovered. Gilb. on Rents, 145; 3 = Kent,=20 Comm. 376; 4 Wend. 423; 8 Cowen, 727 1 Har. & Gill, 308; 11 Mass. = 493. See 4=20 Cruise's Dig. 206; 3 Call's R. 268; 4 M'Cord 447; 1 Bailey's R. 469; 2 = Bouv.=20 Inst. n. 1675, et seq.

APPOSAL OF SHERIFFS, English law. The charging them with money = received upon account of the Exchequer. 22 Car. II.

APPOSER, Eng. law. An officer of the Court of Exchequer, = called the=20 foreign apposer.

APPOSTILLE, French law. Postil. In general this means an = addition or=20 annotation made in the margin of an act, [contract in writing,] or of = some=20 writing. Mer. Rep.

APPRAISEMENT. A just valuation of property.

2. Appraisements are required to be made of the property of persons = dying=20 intestate, of insolvents and others; an inventory (q. v.) of the goods = ought to=20 be made, and a just valuation put upon them. When property real or = personal is=20 taken for public use, an appraisement of it is made, that the owner may = be paid=20 it's value.

APPRAISER, practice. A person appointed by competent authority = to=20 appraise or value goods; as in case of the death of a person, an = appraisement=20 and inventory must be made of the goods of which he died possessed, or = was=20 entitled to. Appraisers are sometimes appointed to assess the damage = done to=20 property, by some public work, or to estimate its value when taken for = public=20 use.

APPREHENSION, practice. The capture or arrest of a person. The = term=20 apprehension is applied to criminal cases, and arrest to civil cases; = as, one=20 having authority may arrest on civil process, and apprehend on a = criminal=20 warrant.

APPRENTICE, person, contracts. A person bound in due form of = law to a=20 master, to learn from him his art, trade or business, and to serve him = during=20 the time of his apprenticeship. (q. v.) 1 Bl. Com. 426; 2 Kent, Com. = 211; 3=20 Rawle, Rep. 307; Chit. on Ap. 4 T. R. 735; Bouv. Inst. Index, h. t.

2. Formerly the name of apprentice en la ley was given = indiscriminately to=20 all students of law. In the reign of Edward IV. they were sometimes = called=20 apprentice ad barras. And in some of the ancient law writers, the term=20 apprentice and barrister are synonymous. 2 Inst. 214; Eunom. Dial, 2, = 53, p.=20 155.

APPRENTICESHIP, contracts. A contract entered into between a = person=20 who understands some art, trade or business, and called the master, and = another=20 person commonly a minor, during his or her minority, who is called the=20 apprentice, with the consent of his or her parent or next friend by = which the=20 former undertakes to teach such minor his art, trade or business, and to = fulfil=20 such other covenants as may be agreed upon; and the latter agrees to = serve the=20 master during a definite period of time, in such art, trade or business. = In a=20 common indenture of apprenticeship, the father is bound for the = performance of=20 the covenants by the son. Daug. 500.

2. The term during which the apprentice is to serve is also called = his=20 apprenticeship. Pardessus, )Dr. Com. n. 34.

3. This contract is generally entered into by indenture or deed, and = is to=20 continue no longer than the minority of the apprentice. The English = statute law=20 as to binding out minors as apprentices to learn some useful art,. trade = or=20 business, has been generally adopted in the United States, with some = variations=20 which cannot, be noticed here. 2 Kent, Com. 212.

4. The principal duties of the parties are as follows: 1st, Duties of = the=20 master. He is bound to instruct the apprentice by teaching him, bona = fide, the=20 knowledge of the art of which he has undertaken to teach him the = elements. He=20 ought to, watch over the conduct of the apprentice, giving him prudent = advice=20 and showing him a good example, and fulfilling towards him the duties of = a=20 father, as in his character of master, he stands in loco parentis. He is = also=20 required to fulfil all the covenants he has entered into by the = indenture. He=20 must not abuse his authority, either by bad treatment, or by employing = his=20 apprentice in menial employments, wholly unconnected with the business = he has to=20 learn. He cannot dismiss his apprentice except by application to a = competent=20 tribunal, upon whose, decree the indenture may be cancelled. But an = infant=20 apprentice is not capable in law of consenting to his own discharge. 1 = Burr.=20 501. Nor can the justices, according to some authorities, order money to = be=20 returned on the discharge of an apprentice. Strange, 69 Contra, Salk. = 67, 68,=20 490; 11 Mod. 110 12 Mod. 498, 553. After the apprenticeship is at an = end, he=20 cannot retain the apprentice on the ground that he has not fulfilled his = contract, unless specially authorized by statute.

5. =96 2d. Duties of the apprentice. An apprentice is bound to obey = his master=20 in all his lawful commands, take care of his property, and promote his = interest,=20 endeavor to learn his trade or business, and perform all the covenants = in his=20 indenture not contrary to law. He must not leave his master's service = during the=20 term of the apprenticeship. The apprentice is entitled to payment for=20 extraordinary services, when promised by the master; 1 Penn. Law Jour. = 368. See=20 1 Whart. 113; and even when no express promise has been made, under = peculiar=20 circumstances. 2 Cranch, 240, 270; 3 Rob. Ad. Rep. 237; but see 1 Whart, = 113.=20 See generally, 2 Kent, Com. 211-214; Bac. Ab. Master and Servabt; 1 = Saund. R.=20 313, n. 1, 2, 3, and 4; 3 Rawle, R. 307 3 Vin. Ab. 19; 1 Bouv. Inst. n. = 396, et=20 seq. The law of France on this subject is strikingly similar to our own. = Pardessus, Droit Com. n. 518-522.

6. Apprenticeship is a relation which cannot be assigned at the = common law 5=20 Bin. 428 4 T. R. 373; Doug. 70 3 Keble, 519; 12 Mod. 554; although the=20 apprentice may work with a second master by order and consent of the = first,=20 which is a service to the first under the indenture. 4 T. R. 373. But, = in=20 Pennsylvania and some other states the assignment of indentures of=20 apprenticeship is authorized by statute. 1 Serg. & R. 249; 3 Serg. = & R.=20 161, 164, 166.

APPRIZING. A name for an action in the Scotch law, by which a = creditor=20 formerly carried off the estates of his debtor in payment of debts due = to him in=20 lieu of which, adjudications are now resorted to.

APPROBATE AND REPROBATE. In Scotland this term is used to = signify to=20 approve and reject. It is a maxim quod approbo non reprobo. For example, = if a=20 testator give his property to A, and give A's property to B, A shall not = be at=20 liberty to approve of the will so far as the legacy is given to him, and = reject=20 it as to the bequest of his property to B in other words, he cannot = approve and=20 reject the will. 1 Bligh. 21; 1 Bell's Com. 146.

APPROPRIATION, contracts. The application of the payment of a = sum of=20 money, made by a debtor to his creditor, to one of several debts.

2. When a voluntary payment is made, the law permits the debtor in = the first=20 place, or, if he make no choice, then it allows the creditor to make an=20 appropriation of such payment to either of several debts which are due = by the=20 debtor to the creditor. And if neither make an appropriation, then the = law makes=20 the application of such payment. This rule does not apply to payments = made under=20 compulsory process of law. 10 Pick. 129. It will be proper to consider, = 1, when=20 the debtor may make the appropriation; 2, when the creditor may make it; = 3, when=20 it will be made by law.

3. =96 1. In general the appropriation may be made by the debtor, but = this must=20 be done by his express declaration, or by circumstances from which his=20 intentions can be inferred. 2 C. M. & R. 723; 14 East, 239; 1 Tyrw. = &=20 Gr. 137; 15 Wend. 19; 5 Taunt. 7 Wheat. 13; 2 Ear. & Gill, 159; S. = C. 4 Gill=20 & Johns. 361; 1 Bibb, 334; 5 Watts, 544; 12 Pick. 463; 20 Pick. 441; = 2=20 Bailey, 617; 4 Mass. 692; 17 Mass. 575. This appropriation, it seems, = must be=20 notified to the creditor at the time; for an entry made by the debtor in = his own=20 books, is not alone sufficient to determine the application of the = payment. 2=20 Vern. 606; 4 B. & C. 715. In some cases, in consequence of the=20 circumstances, the presumption will be that the payment was made on = account of=20 one debt, in preference to another. 3 Caines, 14; 2 Stark. R. 101. And = in some=20 cases the debtor has no right to make the appropriation, as, for = example, to=20 apply 4 partial payment to the liquidation of the principal, when = interest is=20 due. 1 Dall. 124; 1 H. & J. 754; 2 N. & M'C. 395; 1 Pick. 194; = 17 Mass.=20 417.

4. =96 2. When the debtor has neglected to make an appropriation, the = creditor=20 may, in general, make it, but this is subject to some exceptions. If, = for=20 example, the debtor owes a debt as executor, and one in his own right, = the=20 creditor cannot appropriate a payment to the liquidation of the former, = because=20 that may depend on the question of assets. 2 Str. 1194. See 1 M. & = Malk. 40;=20 9 Cowen, 409; 2 Stark. R. 74; 1 C. & Mees. 33.

5. Though it is not clearly settled in England whether a creditor is = bound to=20 make the appropriation immediately, or at a subsequent time Ellis on D. = and C.=20 406-408 yet in the United States, the right to make the application at = any time=20 has been recognized, and the creditor is not bound to make an immediate=20 election. 4 Cranch, 317; 9 Cowen, 420, 436. See 12 S. & R. 301 2 B. = & C.=20 65; 2 Verm. 283; 10 Conn. 176.

6. When once made, the appropriation cannot be changed; and, = rendering an=20 account, or bringing suit and declaring in a particular way, is evidence = of such=20 appropriation. 1 Wash. 128 3 Green. 314; 12

APPROPRIATION, contracts. The application of the payment of a = sum of=20 money, made by a debtor to his creditor, to one of several debts.

2. When a voluntary payment is made, the law permits the debtor in = the first=20 place, or, if he make no choice, then it allows the creditor to make an=20 appropriation of such payment to either of several debts which are due = by the=20 debtor to the creditor. And if neither make an appropriation, then the = law makes=20 the application of such payment. This rule does not apply to payments = made under=20 compulsory process of law. 10 Pick. 129. It will be proper to consider, = 1, when=20 the debtor may make the appropriation; 2, when the creditor may make it; = 3, when=20 it will be made by law.

3. =96 1. In general the appropriation may be made by the debtor, but = this must=20 be done by his express declaration, or by circumstances from which his=20 intentions can be inferred. 2 C. M. & R. 723; 14 East, 239; 1 Tyrw. = &=20 Gr. 137; 15 Wend. 19; 5 Taunt. 7 Wheat. 13; 2 Ear. & Gill, 159; S. = C. 4 Gill=20 & Johns. 361; 1 Bibb, 334; 5 Watts, 544; 12 Pick. 463; 20 Pick. 441; = 2=20 Bailey, 617; 4 Mass. 692; 17 Mass. 575. This appropriation, it seems, = must be=20 notified to the creditor at the time; for an entry made by the debtor in = his own=20 books, is not alone sufficient to determine the application of the = payment. 2=20 Vern. 606; 4 B. & C. 715. In some cases, in consequence of the=20 circumstances, the presumption will be that the payment was made on = account of=20 one debt, in preference to another. 3 Caines, 14; 2 Stark. R. 101. And = in some=20 cases the debtor has no right to make the appropriation, as, for = example, to=20 apply 4 partial payment to the liquidation of the principal, when = interest is=20 due. 1 Dall. 124; 1 H. & J. 754; 2 N. & M'C. 395; 1 Pick. 194; = 17 Mass.=20 417.

4. =96 2. When the debtor has neglected to make an appropriation, the = creditor=20 may, in general, make it, but this is subject to some exceptions. If, = for=20 example, the debtor owes a debt as executor, and one in his own right, = the=20 creditor cannot appropriate a payment to the liquidation of the former, = because=20 that may depend on the question of assets. 2 Str. 1194. See 1 M. & = Malk. 40;=20 9 Cowen, 409; 2 Stark. R. 74; 1 C. & Mees. 33.

5. Though it is not clearly settled in England whether a creditor is = bound to=20 make the appropriation immediately, or at a subsequent time Ellis on D. = and C.=20 406-408 yet in the United States, the right to make the application at = any time=20 has been recognized, and the creditor is not bound to make an immediate=20 election. 4 Cranch, 317; 9 Cowen, 420, 436. See 12 S. & R. 301 2 B. = & C.=20 65; 2 Verm. 283; 10 Conn. 176.

6. When once made, the appropriation cannot be changed; and, = rendering an=20 account, or bringing suit and declaring in a particular way, is evidence = of such=20 appropriation. 1 Wash. 128 3 Green. 314; 12 Shepl. 29; 2 N. H. Rep. 193; = 2=20 Rawle, 316; 5 Watts, 544; 2 Wash. C. C. 47; 1 Gilp. 106; 12 S. & R. = 305.

7. When no application of the payment has been made by either party, = the law=20 will appropriate it, in such a way as to do justice and equity to both = parties.=20 6 Cranch, 8, 28; 4 Mason, 333; 2 Sumn. 99, 112; 5 Mason, 82; 1 Nev. = & Man.=20 746; 5 Bligh, N. S. 1; 11 Mass. 300;1 H. & J. 754; 2 Vern. 24; 1 = Bibb. 334;=20 2 Dea. & Chit. 534; 5 Mason, 11. See 6 Cranch, 253, 264; 7 Cranch, = 575; 1=20 Mer. 572, 605; Burge on Sur. 126-138; 1 M. & M. 40. See 1 Bouv Inst. = n.=20 8314. 8. In Louisiana, by statutory enactment, Civ. Code, art. 1159, et = seq., it=20 is provided that the debtor of several debts has a right to declare, = when he=20 makes a payment, what debt he means to discharge. The debtor of a debt = which=20 bears interest or produces rents, cannot, without the consent of the = creditor,=20 impute to the reduction of the capital, any payment he may make, when = there is=20 interest or rent due. When the debtor of several debts has accepted a = receipt,=20 by which the creditor has imputed what he has received to one of the = debts=20 especially, the debtor can no longer require the imputation to be made = to a=20 different debt, unless there have been fraud or surprise on the part of = the=20 creditor. When the receipt bears no imputation, the payment must be = imputed to=20 the debt which the debtor had at the time most interest in discharging = of those=20 that are equally due, otherwise to the debt which has fallen due, though = less=20 burdensome than those which are not yet payable. If the debts be of a = like=20 nature, the imputation is made to the less burdensome; if all things are = equal,=20 it is made proportionally." This is a translation of the Codo Napoleon, = art.=20 1253-1256 slightly altered. See Poth. Obl. n. 528 translated by Evans, = and the=20 notes; Bac. Ab. Obligations, F; 6 Watts & Amer. Law Mag. 31; 1 Hare = &=20 Wall. Sel. Dec. 123-158.

APPROPRIATION, eccl. law. The setting apart an ecclesiastical=20 benefice, which is the general property of the church, to the perpetual = and=20 proper use of some religious house, bishop or college, dean and chapter = and the=20 like. Ayl. Pat. 86. See the form of an appropriation in Jacob's Introd. = 411.

TO APPROVE, approbare. To increase the profits upon a thing; = as to=20 approve land by increasing the rent. 2 Inst. 784.

APPROVEMENT, English crim. law. The act by which a person = indicted of=20 treason or felony, and arraigned for the same, confesses the same before = any=20 plea pleaded, and accuses others, his accomplices, of the same crime, in = order=20 to obtain his pardon. 2 This practice is disused. 4 Bl. Com. 330 1 Phil. = Ev. 37.=20 In modern practice, an accomplice is permitted to give evidence against = his=20 associates. 9 Cowen, R. 707; 2 Virg. Cas. 490; 4 Mass. R. 156; 12 Mass. = R. 20; 4=20 Wash. C. C. R. 428; 1 Dev. R. 363; 1 City Hall Rec. 8. In Vermont, on a = trial=20 for adultery, it was held that a particeps criminis was not a competent = witness,=20 because no person can be allowed to testify his own guilt or turpitude = to=20 convict another. N. Chap. R. 9.

APPROVEMENT, English law. 1. The inclosing of common land = within the=20 lord's waste, so as to leave egress and regress to a tenant who is a = commoner.=20 2. The augmentation of the profits of land. Stat. of Merton, 20 Hen. = VIII.; F.=20 N. B. 72 Crompt. Jus. 250; 1 Lilly's Reg. 110.

APPROVER, Bngl. crim. law. One confessing himself guilty of = felony,=20 and approving others of the same crime to save himself. Crompt. Inst. = 250 3=20 Inst. 129.

APPURTENANCES. In common parlance and legal acceptation, is = used to=20 signify something belonging to another thing as principal, and which = passes as=20 incident to the principal thing. 10 Peters, R. 25; Angell, Wat. C. 43; 1 = Serg.=20 & Rawle, 169; 5 S. & R. 110; 5 S. & R. 107; Cro. Jac. 121 3 = Saund.=20 401, n. 2; Wood's Inst. 121 Rawle, R. 342; 1 P. Wms. 603; Cro. Jac. 526; = 2 Co.=20 32; Co. Litt. 5 b, 56 a, b; 1 Plowd. 171; 2 Saund. 401, n. 2; 1 Lev. = 131; 1 Sid.=20 211; 1 Bos. & P. 371 1 Cr. & M. 439; 4 Ad., & Ell. 761; 2 = Nev. &=20 M. 517; 5 Toull. n. 531. 2. The word appurtenances, at least in a deed, = will not=20 pass any corporeal real property, but only incorporeal easements, or = rights and=20 privileges. Co. Lit. 121; 8 B. & C. 150; 6 Bing. 150; 1 Chit. Pr. = 153, 4.=20 Vide Appendant.

APPURTENANT. Belonging to; pertaining to of right.

AQUA. Water. This word is used in composition, as aquae = ductus,=20 &c. 2. It is a rule that water belongs to the land which it covers, = when it=20 is stationary: aqua cedit solo. But the owner of running water, or of a = water=20 course, cannot stop it the inferior inheritance having a right to the = flow: aqua=20 currit et debet currere, ut currere solebat.

AQUAE DUCTUS, civil law. The name of a servitude which = consists in the=20 right to carry water by means of pipes or conduits over or through the = estate of=20 another. Dig. 8, 3, 1; Inst. 2, 3; Lalaure, Des Serv. c. 5, p. 23.

AQUAE HAUSTUS, civil law. The name of a servitude which = consists in=20 the right to draw water from the fountain, pool, or spring of another. = Inst. 2,=20 3, 2; Dig. 8, 3, 1, 1.

AQUAE IMMITTENDAE, Civil law. The name of a servitude, which=20 frequently occurs among neighbors. It is the right which the owner of a = house,=20 built in such a manner as to be surrounded with other buildings, so that = it has=20 no outlet for its waters, has, to cast water out of his windows on his=20 neighbor's roof court or soil. Lalaure, Des. Serv. 23.

AQUAGIUM, i. e. aquae agium. 1. A water course. 2. A toll for=20 water.

AQUATIC RIGHTS. This is the name of those rights which = individuals=20 have in water, whether it be running, or otherwise.

ARBITER. One who, decides without any control. A judge with = the most=20 extensive arbitrary powers; an arbitrator.

ARBITRAMENT. A term nearly synonymous with arbitration. (q. = v.)

ARBITRAMENT AND AWARD. The name of a plea to an action brought = for the=20 same cause which had been submitted to arbitration, and on which an = award had=20 been made. Wats. on Arb. 256.

ARBITRARY. What depends on the will of the judge, not = regulated or=20 established by law. Bacon (Aphor. 8) says, Optima lex quae minimum = relinquit=20 arbitrio judicis et (Aph. 46) optimus judex, qui mi nimum sibi

2. In all well adjusted systems of law every thing is regulated, and = nothing=20 arbitrary can be allowed; but there is a discretion which is sometimes = allowed=20 by law which leaves the judge free to act as he pleases to a certain = extent. See=20 Discretion

ARBITRARY PUNISHMENTS, practice. Those punishments which are = left to=20 the decision of the judge, in distinctiou from those which are defined = by=20 statute.

ARBITRATION, practice. A reference and submission of a matter = in=20 dispute concerning property, or of a personal wrong, to the decision of = one or=20 more persons as arbitrators.

2. They are voluntary or compulsory. The voluntary are, 1. Those made = by=20 mutual consent, in which the parties select arbitrators, and bind = themselves by=20 bond abide by their decision; these are made without any rule of court. = 3 Bl.=20 Com. 16.

3. =96 2. Those which are made in a cause depending in court, by a = rule of=20 court, before trial; these are arbitrators at common law, and the award = is=20 enforced by attachment. Kyd on Awards, 21.

4. =96 3. Those which are made by virtue of the statute, 9 & l0 = Will. III.,=20 c. 15, by which it is agreed to refer a matter in dispute not then in = court, to=20 arbitrators, and agree that the submission be made a rule of court, = which is=20 enforced as if it had been made a rule of court; Kyd on Aw. 22; there = are two=20 other voluntary arbitrations which are peculiar to Pennsylvania.

5. =96 4. The first of these is the arbitration under the act of June = 16, 1836,=20 which provides that the parties to, any suit may consent to a rule of = court for=20 referring all matters of fact in controversy to referees, reserving all = matters=20 of law for the decision of the court, and the report of the referees = shall have=20 the effect of a special verdict, which is to be proceeded upon by the = court as a=20 special verdict, and either party may have a writ of error to the = judgment=20 entered thereupon

6. =96 5. Those by virtue of the act of 1806, which authorizes " any = person or=20 persons desirous of settling any dispute or controversy, by themselves, = their=20 agents or attorneys, to enter into an agreement in writing, or refer = such=20 dispute or controversy to certain persons to be by them mutually chosen; = and it=20 shall be the duty of the referees to make out an award and deliver20it = to the=20 party in whose favor it shall be made, together with the written = agreement=20 entered into by the parties; and it shall be the duty of the = prothonotary, on=20 the affidavit of a subscribing witness to the agreement, that it was = duly=20 executed by the parties, to file the same in Iiis office; and on the = agreement=20 being so filed as aforesaid, he shall enter the award on record, which = shall be=20 as available in law as an award made under a reference issued by the = court, or=20 entered on the docket by the parties."

7. Compulsory arbitrations are perhaps confined to Pennsylvania. = Either party=20 in a civil suit or action,, or his attorney, may enter at the = prothonotary's=20 office a rule of reference, wherein be shall declare his determination = to have=20 arbitrators chosen, on a day certain to be mentioned therein, not = exceeding=20 thirty days, for the trial of all matters in variance in the suit = between the=20 parties. A copy of this rule is served on the opposite party. On the = day.=20 appointed they meet at the prothonotary's, and endeavor to agree upon=20 arbitrators; if they cannot, the prothonotary makes out a list on whicb = are=20 inscribed the names of a number of citizens, and the parties alternately = strike=20 each one of them from the list, beginning with the plaintiff, until = there are=20 but the number agreed upon or fixed by the prothonotary left, who are to = be the=20 arbitrators; a time of meeting is then agreed upon or appointed by the=20 prothonotary, when the parties cannot agree, =96 at which time the = arbitrators,=20 after being sworn or affirm and equitably to try all matters in variance = submitted to them, proceed to bear and decide the case; their award is = filed in=20 the office of the prothonotary, and has the effect of a judgment, = subject,=20 however, to appeal, which may be entered at any time within twenty days = after=20 the filing of such award. Act of 16th June, 1836, Pamphl. p. 715.

8. This is somewhat similar to the arbitrations of the Romans; there = the=20 praetor selected from a list Of citizens made for the purpose, one or = more=20 persons, who were authorized to decide all suits submitted to them, and = which=20 had been brought before him; the authority which the proctor gave them = conferred=20 on them a public character and their judgments were without appeal = Toull. Dr.=20 Civ. Fr. liv. 3, t. 3, ch. 4, n. 820. See generally, Kyd on Awards; = Caldwel on=20 Arbitrations; Bac. Ab. h. t.; 1 Salk. R. 69, 70-75; 2 Saund. R. 133, n = 7; 2=20 Sell. Pr. 241; Doct. PI. 96; 3 Vin. Ab. 40; 3 Bouv. Inst. n. 2482.

ARBITRATOR. A private extraordinary judge chosen by the = parties who=20 have a matter in dispute, invested with power to decide the same. = Arbitrators=20 are so called because they have generally an arbitrary power, there = being in=20 common no appeal from their sentences, which are called awards. Vide = Caldw. on=20 Arb. Index,. h. t.; Kyd on Awards, Index, h. t. 3 Bouv. Inst. n. = 2491.

ARBOR CONSANGUINITATIS. A table, formed in the shape of a = tree, in=20 order to show the genealogy of a family. The progenitor is placed = beneath, as if=20 for the root or stem the persons descended from him are represented by = the=20 branches, one for each descendant. For example : if it be desired to = form the=20 genealogical tree of Peter's family, Peter will be made the trunk of the = tree;=20 if he has two sons, John and James, their names will be written on the = first two=20 branches, which will themselves shoot as many twigs as John and James = have=20 children; these will produce others, till the whole family shall be = represented=20 on the tree.

ARCHAIONOMIA. The name of a collection of Saxon laws, = published during=20 the reign of the English Queen Elizabeth, in the Saxon language, with a = Latin=20 version, by Mr. Lambard. Dr. Wilkins enlarged this. collection in his = work,=20 entit