ASTRUM ATTESTATION Astrum. A house; a hearth. litigation. See 137 Am. St. Rep. Asylum. Held to include a soldiers' 876. home supported by the state. See Attachment of privilege. A process 23 L. R. A. 215. by which a man, by virtue of his At. When applied to a place is not privilege, calls another to litigate in that court to which he himself definitely locative, but primarily belongs, and who has the privilege expresses the relation of presence, nearness in place or direction, and to answer there.-Bouv. A writ is less definite than “in” or “on.” to apprehend one in a privileged place. See Ann. Cas. 1912B, 1065; also Attachment of the forest. The 123 Am. St. Rep. 17, 10 L. R. A. lowest of the three courts for(N. S.) 204. merly held in forests.-Manwood. At arm's length. Without another's Attainder. The extinction of one's influence. civil rights and capacities. At bar. Before the court. Attainder, bill of. See Bill of atAt large. Unrestrained; free; not tainder. limited. Attainder by confession. Pleading At law. Before a court of law, as guilty before a court or abjuring distinguished from equity or other the realm before a coroner. tribunals. Attainder by process of outlawry. At sea. Outside of any harbor or Adjudging one who has fled to be port. an outlaw. Atamita. The sister of a great- Attainder by verdict. Finding one great-great-grandfather. guilty by a jury. Atavus. The male ascendant in the Attaint. A writ employed to refifth degree. verse a jury's verdict. Atha. In Saxon law. An oath. Attaint d'une cause. (French) The Athe. Atha, which see. gain of a suit.--Black. Atheist. One who does not believe Atte. Atha, which see. in God's existence. Attempt. An offer, trial, effort or Atia. Hate; malice. experiment to do some act but Atilia. A harness. failing to carry out the intended Atilium. Tackle; a ship's rigging. purpose. See 24 Am. St. Rep. Atmatertera. The sister of a great 860. great-great-grandmother. Attendant. One owing a duty of Atrium. The open court in a Roman service to another, or somehow dehouse. pendent upon him. Atta. Atha, which see. Attendant terms. Long leases or Attach. To seize and hold a defend mortgages so arranged as to pro ant or his property in the custody tect the title of the owner.-Bouv. of the law. See 62 Ohio St. 543, Attentat. Any improper act done 78 Am. St. Rep. 743, 57 N. E. 446. by a judge in an action pending Attaché. One attached to a foreign an appeal from his decision. ambassador or legation. Attentare. To attempt. Attachiamenta de spinis et boscis. Atterminare. To delay; to postpone. The right of forest officers to ap- Attermining. Extending time for propriate thorns and brushwood. shwood. payment. Attachiamentum. An attachment, Attermoiement. A composition. which see, Attest. A witness; to witness. Attachiare. To attach. Attestation. The witnessing of a Attachment. The seizing and hold signature and subscription as a ing of a defendant or his property witness thereto. See 43 Am. St. in the custody of the law, pending Rep. 118. 30 ATTESTATION AUDITUS Attestation clause. The clause in a ment may be requested upon the document wherein the witnesses drawee's refusal. Au dernier. At last. paper as a witness of another's Au plus. At most. signature. See 115 Mass. 599. Au tiel forme. In such manner. Attestor of a cautioner. (Scotch) Aubaine. A stranger. A guarantor of a debt. Auceps syllabarum. A caviler. Attile. Tackle. Auction. A public sale to the highAttilamentum. Atilium, which see. est bidder. See 131 Am. St. Rep. Attincta. An attaint. 479. Attinctus. Attainted. Auctionarius. A vendor; an aucAttingere. To touch; to amount to. tioneer; a dealer in second-hand Attorn. To assign; to transfer; as goods. sent or acknowledgment to a trans Auctioneer. One who conducts an fer or assignment. See 13 Ind. 388. · auction. See 30 Am. Rep. 234. Attornare. To attorn. Auctor. A plaintiff; a principal; an Attornare rem. To assign or appro- auctioneer, priate money or goods to some Auctoritas. Authority. particular use or service.-Black. Auctoritates philosophorum, mediAttornatus. An attorney. corum, et poetarum, sunt in causis Attorne. An attorney. allegandae et tenendae. The opinAttorney. One authorized by an. ions of philosophers, physicians other to act for him. and poets are to be alleged and Attorney at law. A court officer received in causes. authorized by those who employ Aucune foits. Sometimes. him to represent them in litiga. Aucunement. Somewhat. tion. See 3 Mich. 598. Aucupia verborum sunt judice inAttorney general. The first law offi digna. Caviling is unworthy of a cer of a state or government. judge's dignity. Attorney in fact. One having spe- Audi alteram partem. Hear the cial or general authority to act for other side. Both sides of a conanother. See 47 Barb. (N. Y.) troversy should be heard. See 7 116. L. R. A. (N. S.) 684. Attorney of the wards and liveries. Audience. A hearing. The third officer of the duchy Audience court. An ecclesiastical court. court of jurisdiction inferior to Attorney's certificate. An English the Court of Arches. revenue receipt showing payment Audiendo et terminando. To hear of the annual duty exacted of an and determine. attorney. Audit. An official examination of Attorney's lien. The right of an at accounts. torney to retain his client's prop- Audita querela. A writ to stay or erty as security for the payment recall an execution by reason of a of his fees. See 3 Am. St. Rep. fact occurring after judgment. 567. See 36 Am. Dec. 329. Attornment. The tenant's assent to Auditor. An examiner of accounts a change of landlords. See 13 appointed by a court or otherwise. Ind. 388. Auditors of the imprest. Officers Au. At; in; to; until. who formerly audited certain ac. Au besoin. A designation in a bill counts of the exchequer. of exchange of one of whom pay. Auditus. Hearing. AUGMENTATION AVERA Augmentation. The increment of crown revenue from appropriation of church property. Augusta legibus soluta non est. The queen is not exempt from the law. Aujourd'huy. To-day. Aula. A hall; a court. Aula regia. A court established by William the Conqueror. See 3 BI. Comm. 38. Aula regis. Aula regia, which see. Aulnage. Same as alnage. Aumone. Alms. Aumone, service in. A gift of lands for church services for the donor's soul. Auncel weight. Weighing with a balance or steelyard. Auprès. Near; high; about. Aures. (Saxon) Cutting off the ears as a punishment for larceny. Aurum reginae. Queen's gold. See 1 Bl. Comm. 221. Aut. Either. Aussi. Also. Australian ballot system. A system of voting at elections. See 31 Am. St. Rep. 304. Aut eo circiter. Or thereabouts. Auter. Other; another. Auter action pendant. A plea de fending on the ground that another action for the same cause is pending. Auter droit. The right of another. Authentication. Such attestation of an instrument as to identify it as authentic. See 9 Fla. 374. Authentics. A collection of the novels of Justinian. Authenticum. (Civil Law) An origi nal document as distinguished from a copy. Authorities. Precedents in statute law and in judicial opinions. Authority. The delegation of power by one to another to act for him. Autocracy. A government whose monarch's power is unlimited. Auxiliary chaplain. A parish priest's assistant. Autonomy. Independence. Autopsy. The dissection of a corpse to ascertain the cause of death. Autre. Auter, which see. quitted. Autrefois attaint. Previously it tainted. Autrefois convict. Previously en victed. Autri. Same as Auter. Autry. Same as Auter. Auxilium. Aid. Auxilium ad filium militem faci n dum et filiam maritandam. An: ncient writ addressed to the shei iff to levy compulsorily an aid toward knighting of a son and the marı y. ing of a daughter of the tenai ts in capite of the crown.—Black, Auxilium curiae. A court order cit. ing one at the suit of another to appear and warrant something. Auxilium regis. A subsidy paid to the king. Auxilium vice comiti. An ancient duty paid to sheriffs. Avail of marriage. Value of mar riage, i. e., what the suitor would give. Avails. Proceeds; profits. Aval. A guaranty of a negotiable paper. Avanture. Adventure; chance; mis adventure; an accident causing death. Avaria, or avarie. Average; loss to a ship or cargo at sea. Aventure. Same as Avanture. Aver. To allege; to plead; to state. Aver corn. A rent payable in corn for church lands. Aver et tenir. To have and to hold. Aver penny. Money paid for free dom from cattle service due the king. Aver silver. Rent reserved. Aver land. Land ploughed and ma nured by tenants for the use of the soil. Average. Loss to a ship or cargo; apportionment of marine loss; sum paid to a master for caring for a cargo. See 2 Wash. C. C. 51, 6 Fed. Cas. (U. S.) 611. A TERUS AVERIA AYUNTAMIENTO Averia. Cattle. plough. Averia elongata. Cattle taken away. Averiis captis in withernam. A writ by which one whose cattle had been taken abroad could have cat tle of the taker. Averium. A work animal. Averment. A pleading; an allega tion; a statement. Averrare. A duty required of some customary tenants, to carry goods in a wagon or upon loaded horses. Black. Aversio. An averting or turning away; a sale or lease as a whole. Aversio periculi. The averting of ites Avoucher. To call a warrantor of land to come in and defend the title for the warrantee. Avow. To admit an act and to jus tify it. Avowant. One who avows. Avowee, or avowe. An advocate of a church living. Avowry. A plea of justification in replevin. Avowterer. An adulterer. Avowtry. Adultery. Avulsion. The sudden increment to or loss of riparian land by action of water or change in the bed of a stream. See 115 Mo. 145, 21 S. W. 913. Await. To waylay. Award. The judgment or decision of an arbitrator, commissioner or referee. See 36 Am. St. Rep. 344. Away-going crop. One planted be fore but ripening after the end of a tenancy. Awm. A wine measure. Ayle. A grandfather. Ayre. (Scotch) Eyre; a circuit. Ayuntamiento. A Spanish munici. pal council. peril. B. C. L. BAILMENT B. C. L. Bachelor of Civil Law. Bail below. Bail given to release B. F. Bonum factum. A good deed; one arrested on mesne process, a valid decree. e. g., attachment. B. L. Bachelor of Laws. Bail bond. A bond given to secure B. R. Abbreviation for king's the appearance of one at court. bench. Bail piece. The certificate evidencBaby act. Defending an action on ing the fact that one has become grounds of infancy or limitations. bail for another. See 7 Johns. Bacheleria. Commonalty or yeo. (N. Y.) 145. manry, in contra distinction to Baila. Bail. baronage.—Wharton. Bailable action. A proceeding in Bachelor. An inferior knight; a which the defendant may be resquire. leased for arrest on bail. Backadation. A sum paid by the Bailable process. Process under vendor of stock to postpone the which an officer may take bail in date of delivery. lieu of an arrest and imprisonBackbear. A poacher's carrying of ment. game wrongfully killed. Bailee. One entrusted with the cusBackberend. The carrying of the tody of goods. stolen goods with him by a thief. Bailey, The Old. The main criminal Back-bond. An indemnity bond. court of England. Back-deed. Same as Back-bond. Bailie. A Scotch alderman, bailiff Backing. Indorsement. or magistrate. Backing a warrant. Such indorse. Bailiff. A sheriff's deputy; a keeper. ment as to permit its service in Bailiff errant. A deputy bailiff. another county. Bailiffs of franchises. Officers actBackside. The backyard of a house. ing as sheriffs within privileged Back-water. Water backed up by jurisdictions where the king's writ obstruction of a stream. could at that time not be executed Baculus. A divining rod; a rod used by the sheriff.—Spelman. in making livery of seisin. Bailiffs of hundreds. Officers apBadge of fraud. Any act or fact pointed over hundreds by sheriffs, tending to create suspicion of de to collect fines, summon juries, at ceit. See 69 Mich. 5, 37 N. W. 37. tend judges, and execute writs and Badger. A hawker; a huckster. processes. See 1 Bl. Comm. 345. Badger game. A blackmailing trick. Bailiffs of manors. Stewards apBaga. A bag or purse.—Black. pointed by lords of manors. Baggage. Articles of clothing, at- Bailivia. Bailiwick, which see. tire and personal effects carried Bailiwick. The jurisdiction of a by a traveller. See Ann. Cas. sheriff or bailiff. 1912C, 627. Baillew de fonds. In Canadian Law. Bahadum. A chest. The unpaid vendor of real estate Bail. The sureties of one bound to Bouv. appear at court; to become such Bailli. One to whom judicial ausurety; money or a bond given to thority was assigned or delivered secure such appearance. See 37 by a superior.—Black, Law Dict. Tenn. 623. Bailment. The delivery or contract Bail above. Bail given to release whereby goods are entrusted to one arrested on final process, e. g., another. See 136 Am. St. Rep. execution. 214; also 7 L. R. A. 529. 34 |