AGRARIAN Agrarian laws. Laws regulating the Agreement. The mutual assent of Aid bonds. Municipal bonds issued in aid of a private enterprise in the interest of the public. See 104 Ill. 285. Aid prayer. A request for assist ance of another to help a party to a real action to plead because of the feebleness of his own estate. See 3 Bl. Comm. 300. Aid pur faire l'eigne fitz chivaler. Service or money from a tenant in chivalry to make the lord's eldest son a knight. Aid pur l'eigne file marier. Service or money from a tenant in chivalry to marry the lord's daughter. Aider by verdict. The curing by legal presumption of defects in pleading to which after verdict it is too late to object. See 16 Pick. (Mass.) 541. Aiding and abetting. Assisting in the perpetration of a crime by being present to give aid or assistance. See 65 Mo. 29. Aids. Services or payments to the lord by a tenant in chivalry on certain occasions and as aid pur faire l'eigne, etc. Aiel. A grandfather; a writ under which a grandchild could oust a stranger who dispossessed him on the day of the death of his grandfather, who was seised. See 3 Bl. Comm. 186. Aielesse. A grandmother. Aieul. A grandfather. Airer. To plough. Aisiamentum. An easement. Al. Abbreviation for Alius or Alii. ALIEN Alabama claims. Claims arising from damage done to United States shipping by English privateers in the Civil War. Alba firma. Rent payable in silver, Alcalde. A Spanish officer having judicial powers similar to those of a justice of the peace. See 67 U. S. 17, 17 L. Ed. 360. Alderman. An associate of the chief civil magistrate of an English city or town. A member of the governing board of a city. See 4 Hill (N. Y.), 384. Ale conner. Ale taster; an officer whose duty it was to see to the quality of the ale used within the leet. Aleator. A gambler Aleatory. Uncertain; involving risk or hazard as a contract of insurance. See 8 La. Ann. 488. Alfet. A container for hot water used in the ordeal by water. Alfred's Code. A code formed under Alfred the Great, about 887 A. D. Alia enormia. Other wrongs; a for mal allegation ending a declaration in trespass under which many acts may be proved. See 3 Mass. ALIENA Aliena negotia exacto officio gerunter. The business of another should be carried out with particular care. Alienare. To alienate. Alienate. To transfer title. Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita est, potest fieri, et quilibet potest renunciare juri pro se introducto. While alienation may be restrained, yet it may be made with the consent of all those in whose favor it was restrained, and indeed anyone may waive a right introduced for his benefit. See 9 N. Y. 291. Alientio rei praefertur juri accres cendi. The law prefers aliena- Alienation. The transfer of title. Alieni appetens, sui profusus. Avari cious of the possessions of others, wasteful of his own. Alieni generis. Of another kind. Alieni juris. Under another's control as distinguished from sui juris. Alienigena. Alieno solo. An alien. On the land of another. Alienor. One who alienates or transfers. Alimenta. Necessaries. Alimony. A sum ordered by the court to be paid to a wife by the husband for her support during the time she lives separate from him, or paid by him after divorce for her maintenance. See 34 L. R. A. 110; also 25 Am. St. Rep. 392. Alimony pendente lite. Alimony to be paid during the pendency of a divorce suit. See 18 App. Div. 316, 46 N. Y. Supp. 9. Alio intuitu. From another point of view. Aliqualiter. In any way. ALLEGARI Aliquid. Something; somewhat. Aliquid conceditur ne injuria rema neat impunita, quod alias non concederetur. Something is conceded which would not otherwise be conceded, lest an injury should go un punished. Aliquid possessionis et nihil juris. Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars. One ought not to be a judge in his own cause, because one cannot be both a judge and a party to the action. Aliquis non potest esse judex in propria causa. One cannot sit as a judge in his own case. Aliter. Otherwise. Aliud est celare, aliud tacere. To conceal is one thing, to be silent another. Aliud est distinctio, aliud separatio. Distinction is one thing, separation another. Aliud est possidere, aliud esse in possessione. To possess is one thing, to be in possession another. Aliud est tacere, aliud celare. It is one thing to be silent, another to conceal. See 32 L. Ed. (U. S.) 41. Aliud est vendere, aliud vendenti consentire. To sell is one thing, to consent to one's selling is another. Aliunde. From another place. Alius. Another; different. Allegans contraria non est audiendus. Contradictory statements will not be listened to. See 28 L. R. A. 129. Allegans suam turpitudinem non est audiendus. One alleging his own baseness is not to be heard. 3 British Ruling Cases, 629. Allegare. To allege; to assert. Allegari non debuit quod probatum non relevat. Matters which are not relevant if proved ought not to be alleged. See 16 ALLEGATA Allegata et probata. Matters alleged and matters proved; pleadings and proof. Allegatio contra factum non est admittenda. An allegation contrary to a deed is not admissible. Allegation. An assertion; a pleading. Allegation of faculties. A wife's statement concerning her husband's property as a basis for an award of alimony. See 11 Ala. 763. Allegiare. To defend one's Own cause. Alleging diminution. Designating on appeal an error occurring in a minor part of the record of the trial court. See 1 Munf. (Va.) 119. Alleviare. To pay a fine. Allision. The running of a vessel into another vessel, collision. Allocare. To allow. Allocatio. An allocation. Allocation. An allowance upon an account in the English exchequer. Allocatione facienda. A writ by which an accountant secured an allowance due him from the excheqeur. Allocato comitatu. An old writ used in outlawry proceedings. Allocatur exigent. A writ issued in the process of outlawry. Allocution. Same as Allocutus. Allocutus. The court's question of a prisoner after verdict of guilty as to any statement he may desire to make before sentence is passed. See 27 Mo. 324. Allodial. Free; not held subordinately; opposed to feudal. Allodium. An allodial estate; one not held under a superior. Allonge. A paper attached to a negotiable instrument to provide space for further indorsements. See 141 Ill. 461, 31 N. E. 17. Allotment. Division; distribution. Allotment note. A seaman's assign ment of future wages. Alluvis maris. Alluvion from the ALVEUS Alluvion. Gradual washing up of sand and earth so as to increase the quantity of land owned by a riparian proprietor. See 22 Am. St. Rep. 195. Alms. Donations to relieve the poor. Alnage. Ell-measure; a duty on woolen cloth. Alnager. An officer who measured woolen cloth and collected the duties thereon. Alnetum. An alder grove. Aloarius. The holder of an allodium. Alodium. See Allodium. Altarage. The profits of a priest. Alteration. A change in a document by which its legal effect is altered. See 148 Ill. 349, 35 N. E. 1120. Alterius circumventio alii non proebet actionem. A deception of one person does not furnish a cause of action to another. Alternatim. Interchangeably. Alternativa petitio non est audienda. A petition in the alternative will not be heard. Alternative. Permitting а choice between one course of action and another. Alternative writ. One commanding a party to do or cease doing something or show cause why he has not. See 71 Conn. 381, 42 Atl. 82. Alternis vicibus. Alternately. Alterum non laedere. Not to injure another. Alteruter. One of two. Altius non tollendi. An easement restraining the height of one's buildings. Altius tollendi. An easement by which the height of one's buildings was unlimited. Alto et basso. High and low. Alveus. The ordinary bed of a stream. ports. Amalgamation. corporations is a merger, a union, or amalgamation, by which the stock of the two is made one, their property and franchises combined into one, their powers become the powers of one, their names merged into one and the identity of the two practically, if not actually, runs into one. See 45 L. R. A. 271. Amalphitan Code. A compilation of marine laws of countries surrounding the Mediterranean, made in the 11th century. Ambactus. A vassal; a client. Ambidexter. An attorney who received pay from both sides; a bribed juror. Ambigua responsio contra proferentem est accipienda. An ambigu ous plea should be resolved against the pleader of it. Ambiguis casibus semper praesumi tur pro rege. In doubtful. cases Ambiguitas. Ambiguity. Ambiguitas latens. Latent ambiguity. Ambiguitas patens. Patent ambiguity. Ambiguitas verborum latens verificatione suppletur, nam quod ex facto oritur ambiguum verificatione facti tollitur. A latent ambiguity of words may be supplied by proof, because ambiguity arising from a fact may be removed by proof of the fact. See 100 Mass. 60. Ambiguitas verborum patens nulla verificatione suppletur. No proof will remove a patent ambiguity of words. See 21 Wend. (N. Y.) 651. 18 An Ambiguum pactum contra venditorem interpretandum est. An am biguous contract should be interpreted against the vendor. Ambiguum placitum interpretari debet contra proferentem. ambiguous plea ought to be interpreted against the pleader of it. Ambit. A boundary line. Ambulatoria est voluntas defuncti usque ad vitae supremum exitum. A will is revocable until the last moment of life. Ameliorations. Betterments. Amenable. Liable to punishment; subject to jurisdiction. Amende honorable. A humiliating disgrace imposed as a penalty to make amends. Amendment. A change in an existing statute made by a legislative body. See 46 Ala. 340. Correction of a mistake or error occurring in a judicial proceeding. See 3 Bl. Comm. 406-410. Amends. Satisfaction for an injury. Amens. A person with no mind. Amercement. A punishment imposed by the court upon an unsuccessful plaintiff for making a false claim. See 3 Bl. Comm. 376. Amerciament. See Amercement. Amicable action. One brought by A friend. mutual consent of the parties, usually on agreed facts, for the court's decision on the law. See 49 U. S. 251, 12 L. Ed. 1067. Amicable compounder. (Louisiana) An arbitrator whose decision is binding. Amicus. Amicus curiae. A friend of the court; one who volunteers assistance to the court on a matter of law. See 46 Am. St. Rep. 45. Amistad Case. A United States case in 1839 wherein negroes who had been kidnaped and enslaved in Africa, mutinied and were held free and not pirates. See 2 L. Ed. (U. S.) 826. Amita. A paternal aunt. Ancestor. One from heritance is claimed. A. 542, note. Anchor. ANGEL whom an in See 29 L. R. A measure equivalent to ten gallons. Anchor watch. The lookout maintained while a vessel is at anchor. Anchorage. A toll paid for casting ship's anchor in port. Ancient deeds. Those more than thirty years old. Ancient demesne. A manor recorded in the Domesday Book as being in the hands of the crown during the reign of William the Conqueror. Ancient house. One which has by lapse of time acquired an easement of support. Ancient lights. Windows which by lapse of time have acquired an easement for unobstructed light. See 12 Mass. 157, 7 Am. Dec. 46. Ancient readings. Essays on ancient English statutes. Ancient rent. The rent reserved when a lease is made of a building not then under lease. Ancient serjeant. The eldest of the queen's serjeants. Ancient writings. Documents over thirty years old. Ancients. Those who have attained peculiar seniority at the Inns of Court. Ancienty. Seniority. Ancipitis usus. Of uncertain use. Androchia. A dairy woman. Androgyne. An hermaphrodite. Androgynous. Partaking of both sexes. Androgynus. An hermaphrodite. Androlepsy. Holding aliens as hostages to compel their nation to do justice. Anecius. The first-born; the eldest. Angaria. A Roman punishment of service to the government. Angel. An English coin of the value of ten shillings. 19 |