Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

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.
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 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

[ocr errors]

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.
Arrogatio. Arrogation.
Arrogation. Adoption of one sui

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.

« ΠροηγούμενηΣυνέχεια »