Outside of any harbor or port. Atamita. The sister of a greatgreat-great-grandfather. Atavus. The male ascendant in the fifth degree. Atha. In Saxon law. Athe. Atha, which see. An oath. Atheist. One who does not believe in God's existence. Atia. Hate; malice. Atilia. A harness. Atilium. Tackle; a ship's rigging. Atmatertera. The sister of a greatgreat-great-grandmother. Atrium. The open court in a Roman house. Atta. Atha, which see. Attach. To seize and hold a defend ant or his property in the custody of the law. See 62 Ohio St. 543, 78 Am. St. Rep. 743, 57 N. E. 446. Attaché. One attached to a foreign ambassador or legation. Attachiamenta de spinis et boscis. The right of forest officers to appropriate thorns and brushwood. Attachiamentum. An attachment, which see. Attachiare. To attach. Attachment. The seizing and holding of a defendant or his property in the custody of the law, pending ATTESTATION litigation. See 137 Am. St. Rep. 876. Attachment of privilege. A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself belongs, and who has the privilege to answer there.-Bouv. A writ to apprehend one in a privileged place. Attachment of the forest. The lowest of the three courts formerly held in forests.-Manwood. Attainder. The extinction of one's civil rights and capacities. Attainder, bill of. See Bill of attainder. Attainder by confession. Pleading guilty before a court or abjuring the realm before a coroner. Attainder by process of outlawry. Adjudging one who has fled to be an outlaw. Attainder by verdict. Finding_one guilty by a jury. Attaint. A writ employed to reverse a jury's verdict. Attaint d'une cause. (French) The gain of a suit.-Black. Atte. Atha, which see. Attempt. An offer, trial, effort or experiment to do some act but failing to carry out the intended purpose. See 24 Am. St. Rep. 860. Attendant. One owing a duty of service to another, or somehow dependent upon him. Attendant terms. Long leases or mortgages so arranged as to protect the title of the owner.-Bouv. Attentat. Any improper act done by a judge in an action pending an appeal from his decision. Attentare. To attempt. Atterminare. To delay; to postpone. Attermining. Extending time for 30 Attingere. To touch; to amount to. Attorn. To assign; to transfer; assent or acknowledgment to a transfer or assignment. See 13 Ind. 388. Attornare. To attorn. Attornare rem. To assign or appropriate money or goods to some particular use or service.-Black. Attornatus. An attorney Attorne. An attorney. Attorney. One authorized by an. other to act for him. Attorney at law. A court officer authorized by those who employ him to represent them in litigation. See 3 Mich. 598. Attorney general. The first law officer of a state or government. Attorney in fact. One having special or general authority to act for another. See 47 Barb. (N. Y.) 116. Attorney of the wards and liveries. The third officer of the duchy court. Attorney's certificate. An English revenue receipt showing payment of the annual duty exacted of an attorney. Attorney's lien. The right of an attorney to retain his client's property as security for the payment of his fees. See 3 Am. St. Rep. 567. Attornment. The tenant's assent to a change of landlords. See 13 Ind. 388. Au plus. At most. Au tiel forme. In such manner. Auceps syllabarum. A caviler. Auctioneer. One who conducts an auction. See 30 Am. Rep. 234. Auctor. A plaintiff; a principal; an auctioneer. Auctoritas. Authority. Auctoritates philosophorum, medicorum, et poetarum, sunt in causis allegandae et tenendae. The opinions of philosophers, physicians and poets are to be alleged and received in causes. Aucune foits. Sometimes. Aucunement. Somewhat. Aucupia verborum sunt judice indigna. Caviling is unworthy of a judge's dignity. Audi alteram partem. Hear the other side. Both sides of a controversy should be heard. See 7 L. R. A. (N. S.) 684. Audience. A hearing. Audience court. An ecclesiastical court of jurisdiction inferior to the Court of Arches. Audiendo et terminando. To hear and determine. Audit. An official examination of accounts. Audita querela. A writ to stay or recall an execution by reason of a fact occurring after judgment. See 36 Am. Dec. 329. Auditor. An examiner of accounts appointed by a court or otherwise. Auditors of the imprest. Officers who formerly audited certain accounts of the exchequer. Auditus. Hearing. 31 Aula regia. A court established by 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. of voting at elections. See 31 Aut eo circiter. Or thereabouts. 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. to ascertain the cause of death. Autre. Auter, which see. Autre vie. AVERAGE The life of another. Autrefois. Formerly; heretofore. Autrefois acquit. Previously acquitted. Autrefois attaint. Previously attainted. Autrefois convict. Previously convicted. Autri. Same as Auter. Auxilium ad filium militem faciendum et filiam maritandam. An ancient writ addressed to the sheriff to levy compulsorily an aid toward knighting of a son and the marrying of a daughter of the tenants 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 marriage, i. e., what the suitor would give. Avails. Proceeds; profits. Aval. A guaranty of a negotiable paper. Avanture. Adventure; chance; misadventure; 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 manured 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. 32 B. C. L. BAILMENT B. C. L. Bachelor of Civil Law. B. F. Bonum factum. A good deed; a valid decree. B. L. Bachelor of Laws. B. R. Abbreviation for king's bench. Baby act. Defending an action on grounds of infancy or limitations. Bacheleria. Commonalty or yeomanry, in contradistinction to baronage.-Wharton. Bachelor. An inferior knight; a squire. Backadation. A sum paid by the vendor of stock to postpone the date of delivery. Backbear. A poacher's carrying of game wrongfully killed. Backberend. The carrying of the stolen goods with him by a thief. Back-bond. An indemnity bond. Back-deed. Same as Back-bond. Backing. Indorsement. Backing a warrant. Such indorsement as to permit its service in another county. Backside. The backyard of a house. Back-water. Water backed up by obstruction of a stream. Baculus. A divining rod; a rod used in making livery of seisin. Badge of fraud. Any act or fact tending to create suspicion of deceit. See 69 Mich. 5, 37 N. W. 37. Badger. A hawker; a huckster. Badger game. A blackmailing trick. Baga. A bag or purse.-Black. Baggage. Articles of clothing, attire and personal effects carried by a traveller. See Ann. Cas. 1912C, 627. Bahadum. A chest. Bail. The sureties of one bound to appear at court; to become such surety; money or a bond given to secure such appearance. See 37 Tenn. 623. Bail above. Bail given to release one arrested on final process, e. g., execution. B Bail below. Bail given to release one arrested on mesne process, e. g., attachment. Bail bond. A bond given to secure the appearance of one at court. Bail piece. The certificate evidencing the fact that one has become bail for another. See 7 Johns. (N. Y.) 145. Baila. Bail. Bailable action. A proceeding in which the defendant may be released for arrest on bail. Bailable process. Process under which an officer may take bail in lieu of an arrest and imprisonment. Bailee. One entrusted with the custody of goods. Bailey, The Old. The main criminal court of England. Bailie. A Scotch alderman, bailiff or magistrate. Bailiff. A sheriff's deputy; a keeper. Bailiff errant. A deputy bailiff. Bailiffs of franchises. Officers acting as sheriffs within privileged jurisdictions where the king's writ could at that time not be executed by the sheriff.-Spelman. Bailiffs of hundreds. Officers appointed over hundreds by sheriffs, to collect fines, summon juries, attend judges, and execute writs and processes. See 1 Bl. Comm. 345. Bailiffs of manors. Stewards appointed by lords of manors. Bailivia. Bailiwick, which see. Bailiwick. The jurisdiction of a sheriff or bailiff. Baillew de fonds. In Canadian Law. The unpaid vendor of real estate Bouv. Bailli. One to whom judicial au thority was assigned or delivered by a superior.-Black, Law Dict. Bailment. The delivery or contract whereby goods are entrusted to another. See 136 Am. St. Rep. 214; also 7 L. R. A. 529. 34 |