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ADJOINING

ADVANCEMENT

Adjoining. Contiguous.
Adjournare. To adjourn.
Adjourner. To adjourn.
Adjudicataire. A purchaser at a

sheriff's sale. Adjudication. Judgment. Adjunction. The uniting of one

article or material with another by which the lesser becomes a part

of the greater. Adjunctum. An adjunct. Adjustment. The settlement of an

insurance loss. Adjuvari quippe nos, non decipi,

beneficio oportet. We should be aided and not injured by that

which is intended for our benefit. Adlegiare. Purgation by means of

an oath. Admeasurement of dower. A writ

which an heir had against the widow who has received more than she is entitled to. See 1 Pick.

(Mass.) 314. Admeasurement of pasture. A writ

for the proper division of rights of

common. Adminicular. Auxiliary. Administered. Voluntarily and in

tentionally although mistakenly

administered. See 31 L. R. A. 686. Administrare. To administer; to

take charge of. Administration Management; care

and control. Administration ad colligendum. Ad ministration for temporary pres

ervation of an estate. Administration suit. An action by

a creditor to subject a decedent's

estate to the payment of his claim. Administrator. One who by court

appointment administers an es

tate of a decedent. Administrator cum testamento an

nexo. An administrator with the

will annexed. Administrator de bonis non. An

administrator who succeeds to one who has not completed his admin

istration. See 65 Ala. 442. Administrator with the will annexed.

One who administers an estate of a testator who named no executor

or whose named executor cannot or will not act. See 109 Fed. 847,

54 L. R. A. 680, 48 C. C. A. 692. Admiralty. Courts having jurisdic

tion in maritime cases. Admittance. A method of transfer.

fering a copyhold estate. See 2

Bl. Comm. 370. Admittendo in socium. A writ asso

ciating certain persons to justices

of assize. Admixture. The mingling of goods

by accession or confusion. Admonitio trina. A warning which

was given to a prisoner standing

mute. Adnepos. The son of a great-great

grandson. Adneptio. The daughter of a great

great-granddaughter. Adnihilare. To annul. Adoption. A proceeding whereby

one assumes the legal relation of

parent toward a minor. Adpromisor. A surety. Adrectare. To correct; to make

amends. Adrogation. A Roman law adoption

of one who has not reached the

age of puberty. Ads. Ad sectam. Adscripti glebae. Running with the

land. Adscriptitii. Slaves. Adsessores. Special judges appointed

to sit with or for the regular

judges. Adulter. The traducer of a married

woman. Adultera. A female adulterer. Adulterer. One who commits adul

tery. Adulterine. A child born of adul.

terous intercourse. Adulterium. A fine imposed for

adultery. Adultery. Sexual intercourse of a

married man with a woman not his wife, whether married or single. See 18 L. R. A. (N. S.) 580; also

26 Am. Rep. 21. Advancement. Whatever is given

by a parent to a child as a por

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ADVANCES

AEQUITAS

tion of the child's inheritance. Advowson appendant. An advowSee 40 Am. St. Rep. 532.

son annexed to the possession of a Advances. Payments made before manor. they are due.

Advowson collative. An advowson Advena. An unnaturalized alien, wherein the patron is the bishop. Advent. The period from the Sun. Advowson donative. An advowson day nearest November 30th until

whereby the patron may give a Christmas.

church or a chapel without presAdventitius. Adventitious; unusual. entation, institution or induction. Adventure. The shipment of goods

Advowson in gross. An advowson an. in charge of an agent to be sold

nexed to the person of the owner by him for the shipper at the best

and not to his manor or lands.

Advowson presentative. An advowprice obtainable; marine insur

son whereby the patron has a ance risk. See 14 Fed. 233.

right of presentation to the bishop Adverse enjoyment. The use of an

or ordinary. easement under claim of right.

Advoutry. Adultery.
Adverse party. Every party who Advowtry. Same as advoutry.

has an interest in conflict with the Aedes. A dwelling-house.
reversal of a judgment or whose Aedes alienas combussit. He burned
rights might be adversely or in. the dweiling of another.
juriously affected by a reversal, Aedificare. To build a house.
irrespective of whether such party Aedificare in tuo proprio solo non
is a plaintiff, a defendant, or an licet quod alteri noceat. One may

intervenor. See 21 Ann. Cas. 1273. not build on his own land what Adverse possession. Open and no may injure another.

torious possession and occupation Aedificatum solo, solo cedit. A of real property under an evident building goes with the land on claim or color of right. See 35 which it stands. L. R. A. (N. S.) 755, note.

Aedificia solo cedunt. Buildings Advisory opinion. An opinion of a pass with the land.

higher court upon a point before a Aedile. A Roman officer who sulower one.

perintended the care of public Advocate. A barrister; one who buildings, streets, weights and may plead causes in a court.

measures, funerals, games and the Advocati. In Roman law, patrons, prices of provisions. pleaders.

Aedilitum edictum. A Roman law Advocatio. An advowson.

which provided the purchaser a Advocation. A Scotch method of remedy for the unsoundness of a appeal.

slave or animal sold with knowl. Advocatus est, ad quem pertinet edge of the defect.

jus advocationis alicujus ecclesiae, Ael. A grandfather. ut ad ecclesiam, nomine proprio, Aequior est dispositio legis quam non alieno, possit praesentare. A hominis. The law's disposition of patron is one who has the right of a matter is more just than that of presentation to a church and who a man. can present to the church in his Aequitas. Equity.

own name and not that of another. Aequitas agit in personam. Equity Advocatus fisci. A fiscal advocate. acts against the person. See 59 Advowee. The holder of an advow. L. R. A. 907. son.

Aequitas casibus medetur. Equity Advowson. A right of presentation relieves against accidents.

to a church or benefice. See 2 Bl. Aequitas curiae cancellariae, quasi Comm. 21.

filia conscientiae, obtemperat se11

AEQUITAS

AEQUITAS

Canother

cundum regulas curiae Equity as makes some exception from a the daughter of conscience com- broad legal principle. plies with rules of court.

Aequitas ignorantiae opitulatur, osciAequitas defectus supplet. Equity tantiae non item. Equity assists supplies defects,

ignorance, but not carelessness. Aequitas erroribus medetur. Equity

Aequitas in eum
A

qui vult summo corrects errors.

jure agere summum jus intendit. Aequitas est aequalitas. Equity is

Equity gives the power of the law equality.

to him who wishes to observe it. Aequitas est correctio legis generaliter latae, qua parte deficit.

Aequitas in paribus causis paria Equity corrects a law which is too

jura. Equity requires like laws broad in that particular in which

for like cases. it is defective. See 5 L. R. A. Aequitas jurisdictiones non con340.

fundit. Equity does not confuse A equitas est correctio. quaedam legi jurisdiction.

adhibita, quia ab ea abest aliquid Aequitas liberationi et seizinae propter generalem sine exceptione favet. Equity favors livery and comprehensionem. Equity is a seisin. certain correction applied to the Aequitas naturam rei non mutat. law, because on account of the Equity does not change the nature law's general comprehension, with of a thing. out any exception, something is Aequitas neminem juvat cum injuria lacking.

alterius. Equity aids no man to Aequitas est perfecta quaedam ratio the injury of another.

quae jus scriptum interpretatur et Aequitas non facit jus, sed juri emendat; nulla scriptura compre auxiliatur. Equity does not make hensa, sed solum in vera ratione the law but assists the law. consistens. Equity is a certain Aequitas non medetur defectu eorum perfect reasoning, which inter quae jure positivo requisita alium. prets and amends the written law Equity does not cure defects in not embraced in any writing but positive requirements of the law.

consisting simply in true reason. Aequitas non sinit eum qui jus verum Aequitas est quasi aequalitas. Equity

tenuit, extremum jus persequi. is a sort of equality.

Equity does not suffer him who Aequitas est verborum legis suffi holds a true right to prosecute it

ciens directo, quae una res sollum to extremes. modo, cavetur werbis, ut omnis Aequitas non sinit ut eandem rem alia in aequali genere, iisdem ca duplici via simul quis persequatur. vetur verbis. Equity is the plain Equity does not permit one to get interpretation of words of law in double satisfaction for the same such manner as that where one grievance. thing only is guarded against by Aequitas non supplet ea quae in the words, all other things of the manu orantis esse possunt. Equity same kind are also guarded against does not supply those things which by these words.

may be in the hands of the petiAequitas est virtus voluntatis, cor tioner.

rectrix ejus in quo lex propter uni Aequitas non vaga atque incert est, versalitatem deficit. Equity is the sed terminos habet atque limites virtue of the will, the corrector of praefinitas. Equity is not vague that in which the law on account and certain but has fixed boundof its universality is deficient.

aries and limits. Aequitas ex lege generaliter lata ali- Aequitas nunquam contravenit legis. quid excipit. Equity generally Equity never contravenes the law.

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A EQUITAS

AFFIRMANCE

Aequitas nunquam liti ancillatur ubi Affeeror. One appointed to tax an

remedium potest dare. Equity amercement. See 4 Bl. Comm.
never aids contention where it can 380,
give a remedy.

Affer. Cattle; horses.
Aequitas rei oppignoratae redemp Affere. To appraise; to assess.

tionibus favet. Equity favors the Afferer. To appraise.
redemption of a pledge.

Affiant. The maker of an affidavit Aequitas rem ipsam intuetur de or deposition.

forma et circumstantiis minus Affidare. To swear. anxia. Equity regards form and Afidatio. A pledge of fealty. circumstance as of less conse Afidatus. An ally under the feudal quence than the subject matter system. itself.

Affidavit. A signed statement sworn Aequitas sequitur legem. Equity to before an authorized officer. follows the law.

See 50 Am. St. Rep. 162. Aequitas supervacua odit. Equity Affidavit of defense. See Affidavit dislikes superfluity.

of Merits. Aequitas uxoribus, liberis, creditori- Affidavit of merits An affidavit

bus maxime favet. Equity favors stating that the defendant has

wives, children and creditors most. stated his case and all of the facts Aequitas vult omnibus modis, ad veri of his case to his attorney and is

tatem pervenire. Equity wishes by him informed and verily be

by all means to arrive at truth. lieves that he has a good defense Aequitas vult spoliatos, vel deceptos, to the merits of the action. See

vel lapsos ante omnia restituti. 20 Pa. 387, 59 Am. Dec. 728. Equity wishes the despoiled, the Affidavit to hold to bail. An affideceived and the ruined before all davit prerequisite to a civil arrest. things to have restitution.

Affilare. To file. Aequivocum. Doubtful meaning. Affiliation. Ascertainment of paAequumet bonum, est lex legum. ternity of a bastard child.

That which is just and good is Affines. Relatives by marriage. the law of laws.

Afinis. Relative by marriage. Aequus. Equal; just.

Affinis mei affinis non est mihi affinis. Aererer. To plough.

A relative of my relative by marAes. Money.

riage is not my relative. Aes alienum. A debt.

Affinitas. Related by marriage. Aes suum. His own money.

Affinity. Tie between a husband Aestimatio capitis. Value of the and the blood relations of the

head; the fine for committing a wife, and between a wife and the murder.

blood relations of the husband but Aestimatio praeteriti delicti ex post not between the blood relations of

remo facto nunquam crescit. The either and those of the other. See gravity of a crime is never en 6 L. R. A. 713; also 79 Am. St. hanced by subsequent occurrences. Rep. 195. Affaire. To do; to make.

Affirm. To confirm a former judg. Affectio tua nomen imponit operi m ent or order of court. See, also,

tuo. Your disposition gives char Affirmation. acter to your work.

Affirmance. Confirmation of a judgAffectus punitur, licet non sequatur ment or order of court, as on an effectus. The attempt is punish

appeal. able although the result does not Affirmance-Day-General. A day apfollow.

pointed for the general affirmance Affeer. To appraise; to assess.

or reversal of judgments in the Affeere. Same as Afeer.

court of exchequer. 13

AFFIRMANT

AGRARIAN

Affirmant. One who affirms in lieu

of swearing. Affirmanti, non neganti, incumbit

probatis. The burden of proof is upon the party affirming, not on

him who denies. Affirmantis est probatio. The burden

of proof is upon him who asserts. Affirmare. To affirm; to assert. Affirmation. A statement having

the same effect and consequences as an oath, but not sworn to. See

16 Pick. (Mass.) 153. Affirmative. That which states as

a fact, affirmatively. Affirmative pregnant. An affirm

ative allegation implying a negative in favor of the adverse party.

See 134 Ind. 46, 32 N. E. 780. Affixus. Affixed; annexed. Afforare. To appraise; to assess; to

estimate. Afforce the assize. To compel jurors

to agree by starving them or by

adding jurors until twelve agreed. Afforciare. To increase or strengthen. Afforest. To make into a forest. Afforestare. To afforest. Affra. See affer. Affranchise. To set free. Affray. A public fight. Affrectamentum. Affreightment. Affreightment. A contract for the

hiring of a vessel. Affri. See Affer. Aforethought. Premeditated. After. In connection with time, the

word may have an inclusive or ex clusive meaning, according to subject matter, context and purpose. See Ann. Cas. 1912A, 796; also 49

L. R. A. 200. Aftermath. A crop subsequent to

the first; the right to such a crop. Age. See Full age. Age of consent. The age below

which the law presumes a girl in capable of consenting to the sexual

act. See 115 Cal. 132, 46 Pac. 915. Age prayer. A request of an infant

party to a real action for a stay of proceedings until his majority.

Aged. More than fifty years old.

See 65 Am. St. Rep. 306; also 39

L. R. A. 710. Agency. The relation existing be

tween a principal and his agent.

See 46 L. R. A. 334. Agens. A manager; a plaintiff. Agent. One who is authorized to

bind his principal contractually or by representations. See 3 Am. St. Rep. 693; also Ann. Cas. 1913B, 84,

and 2 L. R. A. 808, note. Agent and patient. One who does a

thing and who suffers it to be done

to him. Agent by estoppel. One whose au

thority to bind a principal, the latter is by his conduct estopped to deny. See 12 Wall. (U. S.)

681, 20 L. Ed. 436. Agentes et consentientes pari poena

plectentur. Those doing and those consenting are liable to the same

punishment. Ager. A field. Agger. A dam; a dike; a bank. Aggravation. That which enhances

the gravity of a criminal or tortious act; allegations in a declaration which tend to enhance

damages. See 19 Vt. 107. Aggregatio mentium. A meeting of

the minds of parties contracting.

See 95 N. Y. 428, 47 Am. Rep. 64. Aggrieved. Subjected to loss or in

jury. See 25 L. R. A. (N. S.) 155,

note; also 62 L. R. A. 700. Agillarius. A cowherd. Agistamentum. Agistment. Agister. The bailee of cattle pas

tured on his land. Agistment. The pasturing of the

cattle of another on one's land. Agnati. Romans who traced their

name and lineage through the male line to a common deceased

ancestor. Agnatio. Agnation. Agnation. Relationship through

males. Agnomen. A popular appellation

often appended to one's true name. Agrarian. Pertaining to land.

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