AGRARIAN ALIEN leet. Agrarian laws. Laws regulating the Alabama claims. Claims arising disposition of public lands. from damage done to United Agreamentum. Agreement. States shipping by English privaAgreare. To agree. teers in the Civil War. Agreement. The mutual assent of Alba firma. Rent payable in silver, two or more parties to something Alcalde. A Spanish officer having done or to be done. See 20 Tex. judicial powers similar to those of App. 375. a justice of the peace. See 67 Agreement for insurance. An agree U. S. 17, 17 L. Ed. 360. ment covering the insured pending the delivery of the formal pol Alderman. An associate of the icy. See 19 N. Y. 305. chief civil magistrate of an EngAid and comfort. Help; assistance; lish city or town. A member of encouragement; counsel. the governing board of a city. Aid bonds. Municipal bonds issued See 4 Hill (N. Y.), 384. in aid of a private enterprise in Ale conner. Ale taster; an officer the interest of the public. See whose duty it was to see to the 104 lll. 285. quality of the ale used within the Aid prayer. A request for assist ance of another to help a party to Aleator. A gambler a real action to plead because of Aleatory. Uncertain; involving risk the feebleness of his own estate. or hazard as a contract of insurSee 3 Bl. Comm. 300. ance. See 8 La. Ann. 488. Aid pur faire l'eigne fitz chivaler. Alfet. A container for hot water Service or money from a tenant in used in the ordeal by water. chivalry to make the lord's eldest Alfred's Code. A code formed unson a knight. der Alfred the Great, about 887 Aid pur l'eigne file marier. Service A. D. or money from a tenant in chiv. Alia enormia. Other wrongs; a for. alry to marry the lord's daughter, mal allegation ending a declaraAider by verdict. The curing by tion in trespass under which many legal presumption of defects in acts may be proved. See 3 Mass. pleading to which after verdict it is too late to object. See 16 Pick. Alias. Otherwise; also known as; (Mass.) 541. at another time. Aiding and abetting. Assisting in Alias dictus. Otherwise called or the perpetration of a crime by be known as. ing present to give aid or assist. Alias summons. A new summons is. ance. See 65 Mo. 29. sued to serve the same purpose as Aids. Services or payments to the one previously issued. See 9 lord by a tenant in chivalry on Idaho, 718, 76 Pac. 323. certain occasions and as aid pur Alias writ. A writ issued usually faire l'eigne, etc. to replace one which has been lost Aiel. A grandfather; a writ under or has become functus officio. which a grandchild could oust a See 17 Conn. 145. stranger who dispossessed him on Alibi. At a place other than one the day of the death of his grand designated. father, who was seised. See 3 Bl. Alien. An unnaturalized person of Comm. 186. foreign birth; to alienate or transAielesse. A grandmother. fer title. Aieul. A grandfather. Alien amy. An alien whose nation Airer. To plough. is at peace with ours. Aisiamentum. An easement. Alien enemy. An alien whose naAl. Abbreviation for Alius or Alii. tion is at war with ours. 15 222, ALIENA ALLEGARI Aliena negotia exacto officio gerun ter. The business of another should be carried out with par ticular care. Alienare. To alienate. Alienate. To transfer title. Alienatio. Alienation. 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 alienation of property to accumulation thereof. Alienation. The transfer of title. See 47 Am. St. Rep. 741. Alienee. The transferee in a con veyance. 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 con trol as distinguished from sui juris. Alienigena. An alien. Alieno solo. 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. 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. Somewhat of possession, but noth ing of right. Aliquis. Anyone. Aliquis non debet esse judex in pro pria 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 pro pria 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, separa tion another. Aliud est possidere, aliud esse in possessione. To possess is one thing, to be in possession an: other. 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 an. other. 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. See 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. 16 ALLEGATA ALVEUS Allegata et probata. Matters als leged and matters proved; plead ings and proof. Allegatio contra factum non est admittenda. An allegation contrary to a deed is not admissible. Allegation. An assertion; a plead ing. 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 ex cheqeur. 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 subordi. nately; opposed to feudal. Allodium. An allodial estate; one not held under a superior. Allonge. A paper attached to a nego tiable 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 sea. Alluvio. Alluvion. Law Dict.—2 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 allo dium. Alodium. See Allodium. Alodum. See Allodium. Als. Abbreviation of Alios; others. Alta proditio. High treason. Alta via. Highway. 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 proe bet actionem. A deception of one person does not furnish a cause of action to another. Alternatim. Interchangeably. Alternativa petitio non est audi enda. A petition in the alterna tive will not be heard. Alternative. Permitting a 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 build ings was unlimited. Alto et basso. High and low. Altum mare. The high seas. Altus. High. Alveus. The ordinary bed of a stream, 17 AM. DEC. AMITA Am. Dec. American Decisions. ports. Amalgamation. Consolidation of 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 re ceived pay from both sides; a bribed juror. Ambigua responsio contra proferen tem est accipienda. An ambiguous plea should be resolved against the pleader of it. Ambiguis casibus semper praesumi tur pro rege. In doubtful cases it is always presumed in favor of the crown. Ambiguitas. Ambiguity. Ambiguitas contra stipulatorem est. An ambiguity is resolved against the stipulator. Ambiguitas latens. Latent ambigu ity. Ambiguitas patens. Patent ambigu Ambiguity. Double meaning; un. certainty. Ambiguum pactum contra vendito. rem interpretandum est. An am. biguous contract should be inter preted against the vendor. Ambiguum placitum interpretari debet contra proferentem. An ambiguous plea ought to be inter preted against the pleader of it. Ambit. A boundary line. Ambulatoria est voluntas defuncti Ambulatoria est voluntas 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 exist ing 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 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. A friend. 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. ity. Ambiguitas verborum latens verifi catione 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 AMITA ANGEL Amita magna. A paternal great. Ancestor. One from whom an in. aunt. heritance is claimed. See 29 L. R. Amita major. A paternal great A. 542, note. great-aunt. Anchor. A measure equivalent to Amita maxima. A great-great-great ten gallons. Anchor watch. The lookout mainaunt. tained while a vessel is at anchor. Amitinus. A cousin. Anchorage. A toll paid for casting Amittere curae. To be deprived of ship's anchor in port. the right of coming into court. Ancient deeds. Those more than Amittere liberam legem, or amit- thirty years old. tere legem terrae. To lose the Ancient demesne. A' manor reprivilege of a court; to lose the corded in the Domesday Book as right to testify; to become out being in the hands of the crown lawed. during the reign of William the Amnesty. Governmental condona Conqueror. tion. Ancient house. One which has by lapse of time acquired an easeAmortize. To alien lands in mort ment of support. main. Ancient lights. Windows which by Amortization. The alienation of lapse of time have acquired an lands in mortmain. easement for unobstructed light. Amotion. Removal; expulsion. See 12 Mass. 157, 7 Am. Dec. 46. Amount of value. Of property for Ancient readings. Essays on an which stock is issued under stat cient English statutes. ute authorizing issue for property Ancient rent. The rent reserved to the amount of the value thereof, when a lease is made of a buildis the actual or fairly estimated ing not then under lease. value. See 42 L. R. A. 621. Ancient serjeant. The eldest of the Amoveas manus. That you remove Queen's serjeants. your hands; an order made for the Ancient writings. Documents over restoration of lands seized by the thirty years old. crown, Ancients. Those who have attained Amparo. A sort of temporary pat peculiar seniority at the Inns of ent to protect a claimant of land Court. Ancillary. Auxiliary. Ancipitis usus. Of uncertain use. Ampliation. A deferring of judg. And. Held to mean “or.” See Ann. ment pending further considera Cas. 1912B, 1356; also 22 L. R. A. tion. 817. Amtrustio. A confidential vassal. Androchia. A dairy woman. Amy. Friend. Androgyne. An hermaphrodite. An, Year. Androgynous. Partaking of both An, jour, et waste. Year, day and sexes. waste. Androgynus. An hermaphrodite. Anarchy. The absence of govern. Androlepsy. Holding aliens as hosment. tages to compel their nation to do Anathema. An ecclesiastical punish- justice. ment by which a person is shut Anecius. The first-born; the eldest. out from all relation with the Angaria. A Roman punishment of church. service to the government. Anatocism. Compound interest. Angel. An English coin of the Anatocismus. Compound interest. value of ten shillings. 19 |