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ADJOINING

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. 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.

The settlement of an

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 preservation 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 estate of a decedent.

Administrator cum testamento annexo. An administrator with the will annexed. Administrator de bonis non. An administrator who succeeds to one who has not completed his administration. See 65 Ala. 442. Administrator with the will annexed. One who administers an estate of a testator who named no executor

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ADVANCEMENT

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 jurisdiction in maritime cases. Admittance.

A method of transferfering a copyhold estate. See 2 Bl. Comm. 370.

Admittendo in socium. A writ associating 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-greatgrandson.

Adneptio. The daughter of a greatgreat-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.

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ADVANCES

tion of the child's inheritance. See 40 Am. St. Rep. 532. Advances. Payments made before they are due.

Advena. An unnaturalized alien. Advent. The period from the Sunday nearest November 30th until Christmas.

Adventitius. Adventitious; unusual. Adventure. The shipment of goods

in charge of an agent to be sold by him for the shipper at the best price obtainable; marine insurance risk. See 14 Fed. 233. Adverse enjoyment. The use of an easement under claim of right. Adverse party. Every party who

has an interest in conflict with the reversal of a judgment or whose rights might be adversely or injuriously affected by a reversal, irrespective of whether such party is a plaintiff, a defendant, or an intervenor. See 21 Ann. Cas. 1273. Adverse possession. Open and notorious possession and occupation of real property under an evident claim or color of right. See 35 L. R. A. (N. S.) 755, note. Advisory opinion. An opinion of a higher court upon a point before a lower one.

Advocate. A barrister; one who may plead causes in a court. Advocati. In Roman law, patrons, pleaders.

Advocatio. An advowson.

Advocation. A Scotch method of appeal.

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AEQUITAS

Advowson appendant. An advowson annexed to the possession of a

manor.

Advowson collative. An advowson

wherein the patron is the bishop. Advowson donative. An advowson whereby the patron may give a church or a chapel without presentation, institution or induction. Advowson in gross. An advowson an

nexed to the person of the owner and not to his manor or lands. Advowson presentative. An advowson whereby the patron has a right of presentation to the bishop or ordinary.

Advoutry. Advowtry.

Adultery.

Same as advoutry. Aedes. A dwelling-house. Aedes alienas combussit. He burned the dweiling of another. Aedificare. To build a house. Aedificare in tuo proprio solo non licet quod alteri noceat. One may not build on his own land what may injure another. Aedificatum solo, solo cedit. A building goes with the land on which it stands.

Aedificia solo cedunt. Buildings

pass with the land.

Aedile. A Roman officer who superintended the care of public buildings, streets, weights and measures, funerals, games and the prices of provisions.

Aedilitum edictum. A Roman law which provided the purchaser a remedy for the unsoundness of a slave or animal sold with knowledge of the defect.

Ael. A grandfather.

Aequior est dispositio legis quam hominis. The law's disposition of a matter is more just than that of

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AEQUITAS

cundum regulas curiae. Equity as the daughter of conscience complies with rules of court. Aequitas defectus supplet. Equity supplies defects,

Aequitas erroribus medetur. Equity

corrects errors.

Aequitas est aequalitas. Equity is

equality.

Aequitas est correctio legis generaliter latae, qua parte deficit. Equity corrects a law which is too broad in that particular in which it is defective. See 5 L. R. A. 340.

a

Aequitas est correctio. quaedam legi adhibita, quia ab ea abest aliquid propter generalem sine exceptione comprehensionem. Equity is certain correction applied to the law, because on account of the law's general comprehension, without any exception, something is lacking.

Aequitas est perfecta quaedam ratio quae jus scriptum interpretatur et emendat; nulla scriptura comprehensa, sed solum in vera ratione consistens. Equity is a certain perfect reasoning, which interprets and amends the written law not embraced in any writing but consisting simply in true reason. Aequitas est quasi aequalitas. Equity is a sort of equality.

Aequitas est verborum legis sufficiens directo, quae una res sollummodo, cavetur verbis, ut omnis alia in aequali genere, iisdem cavetur verbis. Equity is the plain interpretation of words of law in such manner as that where one thing only is guarded against by the words, all other things of the same kind are also guarded against by these words.

Aequitas est virtus voluntatis, correctrix ejus in quo lex propter universalitatem deficit. Equity is the virtue of the will, the corrector of that in which the law on account of its universality is deficient. Aequitas ex lege generaliter lata aliquid excipit. Equity generally

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Aequitas ignorantiae opitulatur, oscitantiae non item. Equity assists ignorance, but not carelessness. Aequitas in eum qui vult summo jure agere summum jus intendit. Equity gives the power of the law to him who wishes to observe it. Aequitas in paribus causis paria jura. Equity requires like laws for like cases. Aequitas jurisdictiones

non

con

fundit. Equity does not confuse jurisdiction.

Aequitas liberationi et seizinae favet. Equity favors livery and seisin.

Aequitas naturam rei non mutat. Equity does not change the nature of a thing.

Aequitas neminem juvat cum injuria alterius. Equity aids no man to the injury of another.

Aequitas non facit jus, sed juri auxiliatur. Equity does not make the law but assists the law. Aequitas non medetur defectu eorum quae jure positivo requisita alium. Equity does not cure defects in positive requirements of the law. Aequitas non sinit eum qui jus verum

tenuit, extremum jus persequi. Equity does not suffer him who holds a true right to prosecute it

to extremes.

Aequitas non sinit ut eandem rem

duplici via simul quis persequatur. Equity does not permit one to get double satisfaction for the same grievance.

Aequitas non supplet ea quae in manu orantis esse possunt. Equity does not supply those things which may be in the hands of the petitioner.

Aequitas non vaga atque incert est, sed terminos habet atque limites praefinitas. Equity is not vague and certain but has fixed boundaries and limits.

Aequitas nunquam contravenit legis. Equity never contravenes the law.

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Aequitas

sequitur legem. Equity follows the law. Aequitas supervacua odit. Equity dislikes superfluity.

Aequitas uxoribus, liberis, creditoribus maxime favet. Equity favors wives, children and creditors most. Aequitas vult omnibus modis, ad veritatem pervenire. Equity wishes by all means to arrive at truth. Aequitas vult spoliatos, vel deceptos, vel lapsos ante omnia restituti. Equity wishes the despoiled, the deceived and the ruined before all things to have restitution. Aequivocum. Doubtful meaning. Aequumet bonum, est lex legum. That which is just and good is the law of laws. Aequus. Equal; just. Aererer. To plough.

Aes. Money.

Aes alienum. A debt.
Aes suum.

His own money. Aestimatio capitis. Value of the head; the fine for committing a murder.

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AFFIRMANCE

Affeeror. One appointed to tax an amercement. See 4 Bl. Comm.

380.

Affer. Cattle; horses.

Affere. To appraise; to assess.
Afferer. To appraise.

Affiant. The maker of an affidavit or deposition.

Affidare. To swear.

Affidatio. A pledge of fealty. Affidatus. An ally under the feudal system.

Affidavit. A signed statement sworn to before an authorized officer. See 50 Am. St. Rep. 162. Affidavit of defense. See Affidavit of Merits. Affidavit of merits An affidavit stating that the defendant has stated his case and all of the facts of his case to his attorney and is by him informed and verily believes that he has a good defense to the merits of the action. 20 Pa. 387, 59 Am. Dec. 728. Affidavit to hold to bail. An affidavit prerequisite to a civil arrest. Affilare. To file.

Affiliation. Ascertainment

See

of pa

ternity of a bastard child. Affines. Relatives by marriage. Affinis. Relative by marriage. Affinis mei affinis non est mihi affinis. A relative of my relative by marriage is not my relative. Affinitas. Related by marriage. Affinity. Tie between a husband and the blood relations of the wife, and between a wife and the blood relations of the husband but not between the blood relations of either and those of the other. See 6 L. R. A. 713; also 79 Am. St. Rep. 195.

Affirm. To confirm a former judg

ment or order of court. See, also, Affirmation.

Affirmance. Confirmation of a judg ment or order of court, as on an appeal.

Affirmance-Day-General.

A day appointed for the general affirmance or reversal of judgments in the court of exchequer.

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AFFIRMANT

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 affirmative 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 sub-
ject 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 incapable 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.

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AGRARIAN

Aged. More than fifty years old. See 65 Am. St. Rep. 306; also 39 L. R. A. 710.

Agency. The relation existing between 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 authority 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 pastured 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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