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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 expresses the relation of presence,

belongs, and who has the privilege

to answer there.-Bouy. A writ nearness in place or direction, and is less definite than "in" or "on."

to apprehend one in a privilegen See Ann. Cas. 1912B, 106); also

place.

Attachment of the forest. The 123 Am. St. Rep. 17, 10 L. R. A. (N. S.) 204.

lowest of the three courts for

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 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. 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

ing of a defendant or his property witness thereto. See 43 Am. St. in the custody of the law, pending

Rep. 118. 30

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ATTESTATION

AUDITUS

an auc

Attestation clause. The clause in a ment may be requested upon the

document wherein the witnesses drawee's refusal.
state the circumstances on their Au ces temps. At that time.
attestation.

Au dernier. At last.
Attęsting witness. One signing a Au quel. To which.

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; Attingere. To touch; to amount to.

tioneer; a dealer in second-hand Attorn. To assign; to transfer; as

goods. sent or acknowledgment to a transfer or assignment. See 13 Ind.

Auctioneer. One who conducts an 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 acAu besoin. A designation in a bill counts of the exchequer. of exchange of one of whom pay. Auditus. Hearing.

AUGMENTATION

AVERAGE

ac

Augmentation. The increment of Autre. Auter, which see.

crown revenue from appropriation Autre vie. The life of another. of church property.

Autrefois. Formerly; heretofore. Augusta legibus soluta non est. The Autrefois acquit. Previously

queen is not exempt from the law, quitted. Aujourd'huy. To-day.

Autrefois attaint. Previously atAula. A hall; a court.

tainted. Aula regia. A court established by Autrefois convict. Previously con

William the Conqueror. See 3 Bl. victed.
Comm. 38.

Autri. Same as Auter.
Aula regis. Aula regia, which see. Autry. Same as Auter.
Aulnage. Same as alnage.

Auxilium. Aid. Aumone. Alms.

Auxilium ad filium militem facienAumone, service in. A gift of lands dum et filiam maritandam. An an

for church services for the donor's cient writ addressed to the sheriff soul.

to levy compulsorily an aid toward Auncel weight. Weighing with a knighting of a son and the marrybalance or steelyard.

ing of a daughter of the tenants Auprès. Near; high; about.

in capite of the crown.-Black. Aures. (Saxon) Cutting off the Auxilium curiae. A court order cit

ears as a punishment for larceny. ing one at the suit of another to Aurum reginae. Queen's gold. See appear and warrant something. 1 Bl. Comm. 221.

Auxilium regis. A subsidy paid to Aut. Either.

the king. Aussi. Also.

Auxilium vice comiti. An ancient Australian ballot system. A system duty paid to sheriffs.

of voting at elections. See 31 Avail of marriage. Value of marAm. St. Rep. 304.

riage, i. e., what the suitor would Aut eo circiter. Or thereabouts.

give. Auter. Other; another.

Avails. Proceeds; profits. Auter action pendant. A plea de- Aval. A guaranty of a negotiable

fending on the ground that an- paper. other action for the same cause is Avanture. Adventure; chance; mispending.

adventure; accident causing Auter droit. The right of another. death. Authentication. Such attestation of Avaria, or avarie. Average; loss to

an instrument as to identify it as a ship or cargo at sea. authentic. See 9 Fla. 374.

Aventure. Same as Avanture. Authentics. A collection of the Aver. To allege; to plead; to state. novels of Justinian.

Aver corn. A rent payable in corn Authenticum. (Civil Law) An origi- for church lands.

nal document as distinguished Aver et tenir. To have and to hold. from a copy.

Aver penny.

Money paid for freeAuthorities. Precedents in statute dom from cattle service due the law and in judicial opinions.

king. Authority. The delegation of power Aver silver. Rent reserved.

by one to another to act for him. Aver land. Land ploughed and maAutocracy. A government whose nured by tenants for the use of monarch's power is unlimited.

the soil. Auxiliary chaplain. A parish priest's Average. Loss to a ship or cargo; assistant.

apportionment of marine loss; Autonomy. Independence.

sum paid to a master for caring Autopsy. The dissection of a corpse for a cargo. See 2 Wash. C. C. to ascertain the cause of death. 51, 6 Fed. Cas. (U. S.) 611.

32

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AVERIA

AYUNTAMIENTO

Averia. Cattle.

Avoucher. To call a warrantor of Averia carucae. Beasts of the

land to come in and defend the plough.

title for the warrantee. Averia elongata. Cattle taken away.

Avow. To admit an act and to jus

tify it. Averiis captis in withernam. A writ

Avowant. One who avows. by which one whose cattle had

Avowee, or avowe. An advocate of been taken abroad could have cat

a church living. tle of the taker.

Avowry. A plea of justification in Averium. A work animal.

replevin. Averment. A pleading; an allega

Avowterer. An adulterer. tion; a statement.

Avowtry. Adultery. Averrare.

Avulsion. The sudden increment to A duty required of some customary tenants, to carry goods

or loss of riparian land by action in a wagon or upon loaded horses. of water or change in the bed of a Black.

stream. See 115 Mo. 145, 21 S. W.

913. Aversio. An averting or turning

Await. To waylay. away; a sale or lease as a whole.

Award. The judgment or decision Aversio periculi. The averting of

of an arbitrator, commissioner or peril.

referee. See 36 Am. St. Rep. 344. Averum. Property.

Away-going crop. One planted beAvet. To assist; to abet.

fore but ripening after the end of Avizandum. A Scotch practice of a tenancy.

submitting a matter privately to Awm. A wine measure. the judge.

Ayle. A grandfather. Avocat. (French) An advocate. Ayre. (Scotch) Eyre; a circuit. Avoidance. Nullifying; rendering Ayuntamiento. A Spanish munici. void.

pal council. Law Dict. -3

33

B. C. L.

BAILMENT

B

or

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 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 imprisonBack bear. 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 apo Badge 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 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

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