ARGUMENTUM ARREST 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" are included not only drawn from an impossibility is of shields and swords but also clubs very great force in law. and stones. Argumentum ab inconvenienti est Arms. Weapons. validum in lege; quia lex non per- Aromatarius. A grocer. 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 use of arms 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 ARREST ARTICLES 'tody of the law. See 107 Am. St. Rep. 745. Arrest of inquest. Pleading in ar. rest of taking the inquest upon a former issue, and showing cause why an inquest should not be taken.-Black. Arrest of judgment. An order made after verdict refusing to enter judgment by reason of an error on the face of the record. See 142 Mo. 322, 44 S. W. 224. Arrestandis bonis ne dissipentur. A writ which pending litigation prevented an irresponsible party to the action from making away with chattels involved. Arrestando ipsum qui pecuniam re cepit. A writ to arrest one who had received money for enlistment in the army and had then disap peared. Arrestare. To effect an arrest. Arrestee. A garnishee in Scotch law. Arrestment. Arrest; a Scotch pro cess of attachment of the debtor's person. Arrestment jurisdictionis fundandae causa. A Scotch writ by which a defendant was brought within the jurisdiction by attachment of his goods. Arresto facto super bonis merca torum alienigenorum. A writ against the goods of aliens found in England, in recompense of goods taken from a denizen in a foreign country, after denial of restitu tion.—Black. Arretted. Arraigned. Arrha. Same as Arra. Arrhabo. An earnest paid to bind a bargain. Arrhae. See Arra. Arraige and carriage. Indefinite and unlawful services formerly demanded of servants. Arrier ban. A feudal summons is sued by the lord to his vassals to attend him. Arrière fee. A fee dependent upon a superior fee. Arrière fief. Same as Arrière fee. Arrière vassal. A vassal’s vassal. juris. Arrondissement. (French) A depart ment subdivision. Arsae et pensatae. Burnt and weighed; used of money to be minted. Arser in le main. Burning in the hand. See 4 Bl. Comm. 333, 365. Arson. The malicious burning of the dwelling-house of another. See 71 Am. St. Rep. 266. Art and part. A Scotch term for abetting or instigating a crime. Arthel. To avouch; as if a man were taken with stolen goods he was allowed a lawful arthel, i. e., a vouchee to clear him of the felony; but provision was made against it by 28 Henry VII, c. 6.—Blount. Articled clerk. A lawyer's clerk bound to him by contract providing for his service and for his in struction in law. Articles approbatory. (Scotch) A reply corresponding to an answer to a bill in equity. . Articles improbatory. (Scotch) A proceeding corresponding to the bill or complaint in an equity suit. Articles, lords of. (Scotch) A par liamentary committee designed to increase the crown's power, later was abolished by statute. Articles of agreement. A written contract or memorandum thereof. Articles of confederation. The in strument forming the confederation of the original thirteen states of the Union, in force from March 1, 1781, to March 4, 1789. See 5 Wheat. (U. S.) 420, 5 L. Ed. 124. Articles of faith. The creed of the church of England, known as the thirty-nine articles. Articles of impeachment. The formal written charge against the defend ant in an impeachment proceeding. Articles of partnership. The agree. ment signed by members of a firm by which they are bound together. 26 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 afman. 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 equalize valuations for tax. Arura. 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 ASSESSMENT ASSISTANT Assessment. Valuation for taxation or contribution; taxation; levying a contribution; ascertainment; estimation. See Ann. Cas. 1912D, 22; also 27 Am. St. Rep. 91. Assessor. One whose function is to make an assessment. Assets. Property or funds which may be subjected to the meeting of one's obligations. See 51 Am. St. Rep. 887; also 5 L. R. A. (N. S.) 358, note. Assets entre mains. Assets in hand. Assets per descent. Property which descends to the heir and not to the executor. Asseveration. The solemn affirma tion of the truth of a statement. Assewiare. To draw or drain water from marsh grounds.—Cowell. Assign. To transfer or set over to another. See 11 Barb. (N. Y.) 634. Assignation. (Scotch) An assign ment.—Bouv. Assignatus utitur jure auctoris. An assignee is clothed with the rights of his assignor. Assignay, or Assigney. (Scotch) An assignee. Assignee. One to whom an assign ment is made. Assignment. A transfer. See 7 Am. St. Rep. 331. Assignment for benefit of creditors. A transfer of his property by a debtor to another for administration and distribution to his cred itors. See 133 Ill. 45, 24 N. E. 74. Assignment of dower. The setting apart of the widow's portion of her husband's property. See 137 Ala, 588, 97 Am. St. Rep. 59, 34 South. 8.3. Assignment of errors. A specifica tion of the errors upon which an appellant relies for a reversal. See 10 Cal. 298. Assignor. The maker of an assignment. See 13 L. R. A. (N. S.) 1260, note. Assigns. Persons to whom any thing or right is assigned. See Ann. Cas. 1912A, 1120. Assisa. Same as Assize. Assisa armorum. A statute ordering the keeping of arms. Assisa cadere. To be nonsuit. Assisa cadit in juratam. The assize is turned into a jury. Assisa continuanda. A writ grant ing a continuance of the assize to allow the production of papers. Assisa de Clarendon. An act of 1164 staying exile of felons for forty days within which they might get contributions for their support. Assisa de foresta. Assize of the for est, which see. Assisa de mensuris. A regulation of weights and measures in 1198. Assisa de nocumento. A writ to abate a nuisance. Assisa de utrum. A writ for the par son of a church whose predecessor had alienated its land and rents. Black. Assisa friscae fortiae. Assize of fresh force, which see. Assisa juris utrum. Assize of utrum, which see. Assisa mortis d'ancestoris. Assize of Mort D’Ancestor. Assisa novae disseysinae. Assize of novel disseisin, which see. Assisa panis et cerevisiae. A statute regulating bread and ale measures. Assisa proroganda. A writ to stay proceedings where one of the parties is engaged on the king's busi ness. Assisa ultimae paresentationis. Sce Assize of darrein presentment. Assisa venalium. Statutes relating to the sales of slaves. Assise. Assize. Assisors. Assessors. Assistance. A writ to place one en titled into possession of land. Assistant. Used with reference to a public officer, is more comprehensive than "deputy," and includes those sworn and those not sworn, while deputy includes only those 28 ASSISUS ASTRIHILTET sworn. See Ann. Cas. 1912A, 1268. Assisus. Rented or farmed out for a specified assize; that is, a payment of a certain assessed rent in money or provisions.-Black. Assithment. Assythement, which see. Assize. A jury summoned by a writ of assize; a court; a statute; a tax; the verdict of jurors of a court of assize; an action. Assize of darrein presentment. A proceeding to test the right of presentment of a church living. Assize of fresh force. A writ to re cover lands of which the demandant had been disseised within forty days. Assize of mort d'ancestor. A writ to recover land of which an ancestor had died seised from an abator. See 3 B1. Comm. 185. Assize of novel disseisin. A writ to recover land of which the demandant had been recently seised. Assize of nuisance.. A writ for the abatement of a nuisance and the recovery of damages. Assize of the forest. An act touch ing orders to be observed in the king's forests.—Manwood. Assize of utrum. A writ by which a parson recovered lands disposed of by his predecessor. Assize rent. Fixed rentals of free holders and copyholders of a manor. Assizes. Sessions of the judges. Assizes de Jerusalem. A compilation of the feudal law made after the conquest of Jerusalem in 1099. Association. An unincorporated com pany having certain attributes of a corporation. See 20 App. Div. 352, 46 N. Y. Supp. 1035. Assoil. To acquit; to set free; to free from excommunication. Assoilzie Assoil, which see. Assoyl. Assoil, which see. Assume. To undertake; engage; promise. Assumpserunt super se. They under took. Assumpsit. Derived from Latin as sumere, meaning to assume or undertake. In contracts, it is understood as an undertaking, either express or implied, to per. form a parol agreement. At common law, it was divided into express and implied assumpsit, the former being an undertaking, made orally, by writing not under seal, or matter of record, to perform an act or to pay a sum of money to another; while an implied assumpsit was an undertak. ing presumed in law to have been made by a party from his conduct, although he had not made an express promise. The action of assumpsit was also divided into special assumpsit, or an action brought on an express promise, and general assumpsit or an action brought on an implied contract. See Ann. Cas. 1913A, 471. Assumption of risk. A term of the contract of employment, expressed or implied from the circumstances of the employment, by which the servant agrees that dangers of injury obviously incident to the discharge of his duty shall be at his risk. See 48 L. R. A. 68. Assurance. Any instrument evi dencing title to land; insurance. Assure. To insure. Assured. One who insured against loss or whose life is insured. Assurer. An insurer. Assythement. A Scotch law action for damages for murder. Astipulation. A stipulation or mu tual agreement. Astitrarius haeres. An heir in pos session. Astitution. An arraignment. Astrarius. Astrer. Astrer. A householder. Astrict. (Scotch) To restrict a tenant to a certain mill for his grinding. Astrihiltet. (Saxon) A penalty for a wrong done by one in the king's peace exacting double damages.Spelman. |