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ARGUMENTUM

ARREST

are

Argumentum a majori ad minus nega

Arma moluta. Cutting weapons. tive non valet; valet e converso. Arma reversata. Reversed arms; a An argument from the greater to punishment for felony. the less is of no force; conversely Armata vis. Armed force. it is good.

Armig. See Armiger. Argumentum a similis valet in lege. Armiger. A squire; one entitled to Argument from analogy has force

bear arms. in law.

Armistice. An agreed interruption Argumentum ab auctoritate est for- of hostilities between belligerent

tissimum in lege. An argument nations. based upon authority is very strong Armorum appellatione, non solum in law.

scuta et gladii et fustes et lapides Argumentum ab impossibili pluri- continentur. Under the

term mum valet in lege. An argument “arms"

included not only drawn from an impossibility is of shields and swords but also clube very great force in law.

and stones. Argumentum ab inconvenienti est Arms. Weapons.

validum in lege; quia lex non per- Aromatarius. A grocer.
mittit aliquod inconveniens. An Arpen. Same as Arpent.
argument drawn from the incon- Arpennus. A land measure.
venience of a thing is proper in Arpent. A land measure; an acre.
law, because the law will not per- Arpentator. A land surveyor.
mit anything inconvenient.

Arra. An earnest given to bind a Argumentum ab inconvenienti pluri- bargain.

mum valet in lege. An argument Arrae. See Arra. drawn from the inconvenience of a Arraign. In a criminal prosecution, thing is very forcible in law.

to bring the defendant into court, Argumentum ad crumenam.

An ar- inform him of the charge against gument addressed to the purse. him and enter his plea. See 162 Argumentum ad hominem. A per- U. S. 625, 40 L. Ed. 1097, 16 Sup. sonal argument.

Ct. Rep. 952. Argumentum ad ignorantiam. An Arraigns, clerk of. A deputy of the

argument based upon the igno- clerk of assize. rance of the audience.

Arrameur. A port officer who directed Argumentum ad verecundiam. An the proper loading and stowing of argument addressed to the sense of

cargoes. decency.

Arras. A gift which a Spanish husAribannum. A feudal penalty im- band makes to his bride.

posed for disobedience of the Array. All those summoned to court king's order to take up arms.

for jury duty and arranged in the Aristocracy. A government ruled by panel and from whose number a a class.

jury is selected. See 44 Miss. 789. Arm of the sea. A bay or river Arrearages. Same as Arrears.

where the tide of the sea ebbs and Arrears. Moneys which are past due. flows.

Arrendamiento. (Spanish) A lease Arma. Arms; weapons.

of realty. Arma dare. To knight.

Arrentatio. A renting. Arma in armatos jura sinunt. The Arrer. To plough. laws permit the of

Arrere. To plough. against those armed.

Arrest. To take one into custody, to Arma libera. Free arms; the sword confine him or to restrain his lib

and lance given to a servant upon erty by physical force or threats his manumission,

thereof; to take one into the cus25

use

arms

1

ARREST

ARTICLES

а.

tody of the law. See 107 Am. St. Arrière vassal. A vassal's vassal. Rep. 745.

Arrogatio. Arrogation. Arrest of inquest. Pleading in ar- Arrogation. Adoption of one sui

rest of taking the inquest upon a juris. former issue, and showing cause Arrondissement. (French) A departwhy an inquest should not be ment subdivision. taken.-Black.

Arsae et pensatae. Burnt and Arrest of judgment. An order made weighed; used of money to be

after verdict refusing to enter minted. judgment by reason of an error on Arser in le main. Burning in the the face of the record. See 142 hand. See 4 Bl. Comm. 333, 365. Mo. 322, 44 S. W. 224.

Arson. The malicious burning of the Arrestandis bonis ne dissipentur. A dwelling-house of another. See 71

writ which pending litigation pre- Am. St. Rep. 266. vented an irresponsible party to Art and part. A Scotch term for the action from making away abetting or instigating a crime. with chattels involved.

Arthel. To avouch; as if a man were Arrestando ipsum qui pecuniam re- taken with stolen goods he was

cepit. A writ to arrest one who allowed a lawful arthel, i. e., had received money for enlistment vouchee to clear him of the felony; in the army and had then disap- but provision was made against it peared.

by 28 Henry VII, c. 6.-Blount. Arrestare. To effect an arrest.

Articled clerk. A lawyer's clerk Arrestee. A garnishee in Scotch law. bound to him by contract providArrestment. Arrest; a Scotch pro- ing for his service and for his in

cess of attachment of the debtor's struction in law. person.

Articles approbatory. (Scotch) A Arrestment jurisdictionis fundandae reply corresponding to an answer

A Scotch writ by which a to a bill in equity. defendant was brought within the Articles improbatory. (Scotch) A jurisdiction by attachment of his proceeding corresponding to the goods.

bill or complaint in an equity suit. Arresto facto super bonis merca- Articles, lords of. (Scotch) A par

torum alienigenorum. A writ liamentary committee designed to against the goods of aliens found increase the crown's power, later in England, in recompense of goods was abolished by statute. taken from a denizen in a foreign Articles of agreement. A written country, after denial of restitu- contract or memorandum thereof. tion.- Black.

Articles of confederation. The inArretted. Arraigned.

strument forming the confederaArrha. Same as Arra.

tion of the original thirteen states Arrhabo. An earnest paid to bind a of the Union, in force from March bargain.

1, 1781, to March 4, 1789. See 5 Arrhae. See Arra.

Wheat. (U. S.) 420, 5 L. Ed. 124. Arraige and carriage. Indefinite and Articles of faith. The creed of the

unlawful services formerly de- church of England, known as the manded of servants.

thirty-nine articles. Arrier ban. A feudal summons is- Articles of impeachment. The formal

sued by the lord to his vassals to written charge against the defendattend him.

ant in an impeachment proceeding. Arrière fee. A fee dependent upon Articles of partnership. The agree. a superior fee.

ment signed by members of a firm Arrière fief. Same as Arrière fee. by which they are bound together.

26

causa.

ARTICLES

ASSESS

Articles of religion. See articles of Ascendientes. Ascendants. faith.

Ascient. Knowing. Articles of roup. (Scotch) The terms Ascriptitius. In Roman law, natural

and conditions of an auction sale. ized foreigners. Articles of set. (Scotch) A leasehold Asphyxia. Suspended animation agreement.

usually caused by suffocation, Articles of the clergy. An act passed drowning or inhalation of gas. See

1316 to settle respective jurisdic- 36 Kan. 1, 12 Pac. 318. tions of the ecclesiastical and the Asportare. To carry away. law courts.

Asportation. A carrying away. Articles of the 'navy. Statutory

Asportavit. He carried away. regulations governing the navy. Ass. Abbreviation for Assize. Articles of the peace. The complaint Assach. (Welsh) An oath made by

in a proceeding wherein one is compurgators.—Brown. compelled to give bond to keep the Assart. To root up trees; to deforest peace.

land. Articles of union. The compact of Assartare. To assart.

1707 uniting the kingdoms of Eng- Assassination. Murder done for hire land and Scotland. See 1 Bl. alone. Comm. 96.

Assath. Same as Assach. Articulate adjudication. (Scotch) Assault. An attempt, or offer, with

The separate adjudication for each force and violence, to do corporal of several distinct debts held by hurt to another. See 11 Am. St. one creditor.

Rep. 830. Articuli. Articles.

Assay. A trial by chemical analysis. Articuli Cleri. Articles of the clergy. Assecurare. To make secure. Articuli de Moneta. Statutes con- Assecuratio. Assecuration. cerning public currency.

Assecuration. Assurance; marine inArticuli magnae chartae. The pre- surance.

liminary forty-nine articles form- Assecurator. An insurer. ing the basis for the Magna Assedation. In Scotch Law. An old Charta.

term used indiscriminately to sig. Articuli super chartas. An act passed nify a lease or feu-right.-Bell's

about 1300 amending the Magna Dict.

Charta and the Charta de Foresta. Assembly. A meeting of several perArticulo mortis. The point of death. sons. Articulus. An article; a part; a

Assembly general.

The

highest point.

Scotch ecclesiastical court. Artificer. A workman or mechanic Assembly unlawful. See Unlawful

as distinguished from an employer assembly. thereof.

Assent. Consent; approval. See 4 Artificial. Having an existence pre- L. R. A. 745; also Ann. Cas. 1912D, sumed in law only, as a corpora

315. tion.

Assertare. See Assartare. Artificial boundary. One erected by Assertory covenant. One which af.

firms that a particular state of Artificial presumptions. Facts pre- facts exists; an affirming promise

sumed in law to exist, regardless under seal.-Black. of proof. See 13 N. J. L. 68, 23 Assess. To value for taxation; to Am. Dec. 711.

tax; to alize valuations for taxArura. A ploughing.

ation or for contributions; to fix Ascendant. An ancestor from whom or ascertain; to estimate. See 120 one is descended.

Cal. 332, 52 Pac. 828. 27

man.

ASSESSMENT

ASSISTANT

Assessment. Valuation for taxation Assigns. Persons to whom any thing

or contribution; taxation; levying or right is assigned. See Ann. Cas. a contribution; ascertainment; es- 1912A, 1120. timation. See Ann. Cas. 1912D, Assisa. Same as Assize. 22; also 27 Am. St. Rep. 91.

Assisa armorum. A statute ordering Assessor. One whose function is to

the keeping of arms. make an assessment.

Assisa cadere. To be nonsuit.

Assisa cadit in juratam. The assize Assets. Property or funds which

is turned into a jury. may be subjected to the meeting

Assisa continuanda. A writ grantof one's obligations. See 51 Am.

ing a continuance of the assize to St. Rep. 887; also 5 L. R. A. (N.

allow the production of papers. S.) 358, note.

Assisa de Clarendon. An act of 1164 Assets entre mains. Assets in hand.

staying exile of felons for forty Assets per descent. Property which days within which they might get

descends to the heir and not to the contributions for their support. executor.

Assisa de foresta. Assize of the forAsseveration. The solemn affirma- est, which see. tion of the truth of a statement.

Assisa de mensuris. A regulation of Assewiare. To draw or drain water

weights and measures in 1198.

Assisa de nocumento. A writ to from marsh grounds.—Cowell.

abate a nuisance. Assign. To transfer or set over to

Assisa de utrum. A writ for the paranother. See 11 Barb. (N. Y.)

son of a church whose predecessor 634.

had alienated its land and rents.Assignation. (Scotch) An assign- Black. ment.-Bouv.

Assisa friscae fortiae. Assize of Assignatus utitur jure auctoris. An fresh force, which see.

assignee is clothed with the rights Assisa juris utrum. Assize of utrum, of his assignor.

which see. Assignay, or Assigney. (Scotch) An Assisa mortis d'ancestoris. Assize assignee.

of Mort D'Ancestor. Assignee. One to whom an assign- Assisa novae disseysinae. Assize of ment is made.

novel disseisin, which see. Assignment. A transfer. See 7 Am. Assisa panis et cerevisiae. A statute St. Rep. 331.

regulating bread and ale measures. Assignment for benefit of creditors. Assisa proroganda. A writ to stay

A transfer of his property by a proceedings where one of the pardebtor to another for administra- ties is engaged on the king's busition and distribution to his cred.

itors. See 133 Ill. 45, 24 N. E. 74. Assisa ultimae paresentationis. Sce Assignment of dower. The setting Assize of darrein presentment.

apart of the widow's portion of Assisa venalium. Statutes relating her husband's property.

See 137 to the sales of slaves.
Ala, 588, 97 Am. St. Rep. 59, 34 Assise. Assize.
South. 8.3.

Assisors. Assessors.
Assignment of errors. A specifica- Assistance. A writ to place one en-

tion of the errors upon which an titled into possession of land. appellant relies for reversal. Assistant. Used with reference to See 10 Cal. 298.

a public officer, is more comprehenAssignor. The maker of an assign- sive than "deputy,” and includes

ment. See 13 L. R. A. (N. S.) those sworn and those not sworn, 1260, note.

while deputy includes only those 28

ness.

a

ASSISUS

ASTRIHILTET

assume

or

as

an

an

an

Sworn. See Ann. Cas. 1912A, Assumpsit. Derived from Latin as1268.

sumere, meaning to Assisus. Rented or farmed out for

undertake. In contracts, it is

understood a specified assize; that is, a pay

undertaking, ment of a certain assessed rent in

either express or implied, to per. money or provisions.—Black.

form a parol agreement. At com

mon law, it was divided into Assithment. Assythement, which see.

express and implied assumpsit, the Assize. A jury summoned by a writ

former being undertaking, of assize; a court; a statute; a

made orally, by writing not under tax; the verdict of jurors of a

seal, or matter of record, to percourt of assize; an action.

form an act or to pay a sum of Assize of darrein presentment. A money to another; while an im

proceeding to test the right of plied assumpsit was an undertak

presentment of a church living. ing presumed in law to have been Assize of fresh force. A writ to re- made by a party from his conduct,

cover lands of which the demand- although he had not made an exant had been disseised within

press promise. The action of asforty days.

sumpsit was also divided into Assize of mort d'ancestor. A writ special assumpsit, or an action

to recover land of which an an- brought on express promise, cestor had died seised from an and general assumpsit or an action abator. See 3 Bl. Comm. 185.

brought on an implied contract. Assize of novel disseisin. A writ to See Ann. Cas. 1913A, 471.

recover land of which the de- Assumption of risk. A term of the

mandant had been recently seised. contract of employment, expressed Assize of nuisance. A writ for the or implied from the circumstances abatement of a nuisance and the

of the employment, by which the recovery of damages.

servant agrees that dangers of inAssize of the forest. An act touch- jury obviously incident to the dis

ing orders to be observed in the charge of his duty shall be at his king's forests.-Manwood.

risk. See 48 L. R. A. 68. Assize of utrum. A writ by which Assurance. Any instrument evi

a parson recovered lands disposed dencing title to land; insurance. of by his predecessor.

Assure. To insure. Assize rent. Fixed rentals of free- Assured. One who insured against holders and copyholders of a loss or whose life is insured.

Assurer. An insurer. Assizes. Sessions of the judges. Assythement. A Scotch law action Assizes de Jerusalem. A compilation for damages for murder.

of the feudal law made after the Astipulation. A stipulation or muconquest of Jerusalem in 1099.

tual agreement. Association. An unincorporated com- Astitrarius haeres. An heir in pos

pany having certain attributes of session.
a corporation. See 20 App. Div. Astitution. An arraignment.
352, 46 N. Y. Supp. 1035.

Astrarius. Astrer.
Assoil. To acquit; to set free; to Astrer. A householder.

free from excommunication. Astrict. (Scotch) To restrict Assoilzie Assoil, which see.

tenant to a certain mill for his Assoyl. Assoil, which see.

grinding. Assume. To undertake; engage;

Astrihiltet. (Saxon) A penalty for promise.

a wrong done by one in the king's Assumpserunt super se. They under- peace exacting double damages.took.

Spelman. 29

manor.

a

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