ARGUMENTUM Argumentum a majori ad minus negative non valet; valet e converso. An argument from the greater to the less is of no force; conversely it is good. Argumentum a similis valet in lege. Argument from analogy has force in law. Argumentum ab auctoritate est fortissimum in lege. An argument based upon authority is very strong in law. Argumentum ab impossibili plurimum valet in lege. An argument drawn from an impossibility is of very great force in law. Argumentum ab inconvenienti est validum in lege; quia lex non permittit aliquod inconveniens. An argument drawn from the inconvenience of a thing is proper in law, because the law will not permit anything inconvenient. Argumentum ab inconvenienti plurimum valet in lege. An argument drawn from the inconvenience of a thing is very forcible in law. Argumentum ad crumenam. An argument addressed to the purse. Argumentum ad hominem. A per sonal argument. Argumentum ad ignorantiam. An argument based upon the ignorance of the audience. Argumentum ad verecundiam. An argument addressed to the sense of decency. Aribannum. A feudal penalty imposed for disobedience of the king's order to take up arms. Aristocracy. A government ruled by a class. Arm of the sea. A bay or river where the tide of the sea ebbs and Arma. Arms; weapons. Arma in armatos jura sinunt. The laws permit the use of arms against those armed. Arma libera. Free arms; the sword and lance given to a servant upon his manumission. 25 ARREST Arma moluta. Cutting weapons. Armiger. A squire; one entitled to bear arms. Armistice. An agreed interruption of hostilities between belligerent nations. Armorum appellatione, non solum scuta et gladii et fustes et lapides continentur. Under the term "arms" are included not only shields and swords but also clubs and stones. Arms. Weapons. Arrae. See Arra. Arraign. In a criminal prosecution, to bring the defendant into court, inform him of the charge against him and enter his plea. See 162 U. S. 625, 40 L. Ed. 1097, 16 Sup. Ct. Rep. 952. Arraigns, clerk of. A deputy of the clerk of assize. Arrameur. A port officer who directed the proper loading and stowing of cargoes. Arras. A gift which a Spanish hus- Arrentatio. A renting. Arrest. To take one into custody, to confine him or to restrain his liberty by physical force or threats thereof; to take one into the cus 1 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 recepit. A writ to arrest one who had received money for enlistment in the army and had then disappeared. Arrestare. To effect an arrest. Arrestee. A garnishee in Scotch law. Arrestment. Arrest; a Scotch process 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 mercatorum 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 restitution.-Black. Arretted. Arraigned. 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 issued by the lord to his vassals to attend him. Arrière fee. A fee dependent upon a superior fee. Arrière fief. Same as Arrière fee. 26 ARTICLES Arrière vassal. A vassal's vassal. Arrogation. Adoption of one sui 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 instruction 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 parliamentary 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 instrument 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 defendant in an impeachment proceeding. Articles of partnership. The agree ment signed by members of a firm by which they are bound together. ARTICLES Articles of religion. See articles of faith. Articles of roup. (Scotch) The terms and conditions of an auction sale. Articles of set. (Scotch) A leasehold agreement. Articles of the clergy. An act passed 1316 to settle respective jurisdictions of the ecclesiastical and the law courts. Articles of the navy. Statutory regulations governing the navy. Articles of the peace. The complaint in a proceeding wherein one is compelled to give bond to keep the peace. Articles of union. The compact of 1707 uniting the kingdoms of England and Scotland. See 1 Bl. Comm. 96. Articulate adjudication. (Scotch) The separate adjudication for each of several distinct debts held by one creditor. Articuli. Articles. Articuli Cleri. Articles of the clergy. Articuli de Moneta. Statutes con cerning public currency. Articuli magnae chartae. The preliminary forty-nine articles forming the basis for the Magna Charta. Articuli super chartas. An act passed about 1300 amending the Magna Charta and the Charta de Foresta. Articulo mortis. The point of death. Articulus. An article; a part; a point. Artificer. A workman or mechanic as distinguished from an employer thereof. Artificial. Having an existence presumed in law only, as a corporation. Artificial boundary. One erected by man. Artificial presumptions. Facts presumed in law to exist, regardless of proof. See 13 N. J. L. 68, 23 Am. Dec. 711. Arura. A ploughing. Ascendant. An ancestor from whom one is descended. Asphyxia. Suspended animation usually caused by suffocation, drowning or inhalation of gas. See 36 Kan. 1, 12 Pac. 318. Asportare. To carry away. Asportation. A carrying away. Asportavit. He carried away. Ass. Abbreviation for Assize. Assach. (Welsh) An oath made by compurgators.-Brown. Assart. To root up trees; to deforest land. Assartare. To assart. Assassination. Murder done for hire alone. Assath. Same as Assach. Assault. An attempt, or offer, with force and violence, to do corporal hurt to another. See 11 Am. St. Rep. 830. Assay. A trial by chemical analysis. Assecurare. To make secure. Assecuratio. Assecuration. Assecuration. Assurance; marine in surance. Assecurator. An insurer. Assedation. In Scotch Law. An old term used indiscriminately to signify a lease or feu-right.-Bell's Dict. Assembly. A meeting of several per sons. Assembly general. The highest Scotch ecclesiastical court. Assembly unlawful. See Unlawful assembly. Assent. Consent; approval. See 4 L. R. A. 745; also Ann. Cas. 1912D, 315. Assertare. See Assartare. Assertory covenant. One which affirms that a particular state of facts exists; an affirming promise under seal.-Black. Assess. To value for taxation; to tax; to equalize valuations for taxation or for contributions; to fix or ascertain; to estimate. See 120 Cal. 332, 52 Pac. 828. 27 ASSESSMENT Assessment. 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. Valuation for taxation 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 affirmation 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 assignment.-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 assignment 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 creditors. 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. 813. Assignment of errors. A specification 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. ASSISTANT Assigns. Persons to whom any thing or right is assigned. See Ann. Cas. 1912A, 1120. Assisa. Same as Assize. Assisa cadere. To be nonsuit. 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 28 ASSISUS 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 recover 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 Bl. 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 touching 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 freeholders 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 company 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 undertook. 29 ASTRIHILTET Assumpsit. Derived from Latin assumere, meaning to assume or undertake. In contracts, it is understood as an undertaking, either express or implied, to perform 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 undertaking 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 dencing title to land; insurance. Assure. To insure. Assured. One who insured against loss or whose life is insured. Assurer. An insurer. evi Assythement. A Scotch law action for damages for murder. Astipulation. A stipulation or mutual agreement. Astitrarius haeres. An heir in possession. Astitution. An arraignment. 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. |