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ADJOINING

ADVANCEMENT

a

Adjoining. Contiguous.

or whose named executor cannot Adjournare. To adjourn.

or will not act. See 109 Fed. 847, Adjourner. To adjourn.

54 L. R. A. 680, 48 C. C. A. 692. Adjudicataire. A purchaser at Admiralty. Courts having jurisdicsheriff's sale.

tion in maritime cases. Adjudication. Judgment.

Admittance. A method of transfer. Adjunction. The uniting of one fering a copyhold estate. See 2

article or material with another by Bl. Comm. 370. which the lesser becomes a part Admittendo in socium. A writ assoof the greater.

ciating certain persons to justices Adjunctum. An adjunct.

of assize. Adjustment. The settlement of an

Admixture. The mingling of goods insurance loss.

by accession or confusion. Adjuvari quippe nos, non decipi, beneficio oportet. We should be

Admonitio trina. A warning which aided and not injured by that

was given to a prisoner standing which is intended for our benefit.

mute. Adlegiare. Purgation by means of Adnepos. The son of a great-greatan oath.

grandson. Admeasurement of dower. A writ Adneptio. The daughter of a great

which an heir had against the great-granddaughter. widow who has received more than Adnihilare. To annul. she is entitled to. See 1 Pick. Adoption. A proceeding whereby (Mass.) 314.

one assumes the legal relation of Admeasurement of pasture. A writ parent toward a minor.

for the proper division of rights of Adpromisor. A surety. common.

Adrectare. To correct; to make Adminicular. Auxiliary.

amends. Administered. Voluntarily and in

Adrogation. A Roman law adoption tentionally although mistakenly of one who has not reached the

administered. See 31 L. R. A. 686. age of puberty. Administrare. To administer; to Ads. Ad sectam. take charge of.

Adscripti glebae. Running with the Administration, Management; care

land. and control.

Adscriptitii. Slaves. Administration ad colligendum. Ad- Adsessores. Special judges appointed ministration for temporary pres

to sit with or for the regular ervation of an estate.

judges. Administration suit. An action by Adulter. The traducer of a married

a creditor to subject a decedent's woman, estate to the payment of his claim.

Adultera. A female adulterer. Administrator. One who by court Adulterer. One who commits adul. appointment administers

tery. tate of a decedent.

Adulterine. A child born of adul. Administrator cum testamento an- terous intercourse.

nexo. An administrator with the Adulterium. A fine imposed for will annexed.

adultery. Administrator de bonis non, An Adultery. Sexual intercourse of a

administrator who succeeds to one married man with a woman not who has not completed his admin- his wife, whether married or single. istration. See 65 Ala. 442.

See 18 L. R. A. (N. S.) 580; also Administrator with the will annexed. 26 Am. Rep. 21.

One who administers an estate of Advancement. Whatever is given a testator who named no executor by a parent to a child as a por

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an

es

ADVANCES

AEQUITAS

a

One may

tion of the child's inheritance. Advowson appendant. An advowSee 40 Am. St. Rep. 532.

son annexed to the possession of a Advances. Payments made before manor. they are due.

Advowson collative. An advowson Advena. An unnaturalized alien. wherein the patron is the bishop. Advent. The period from the Sun. Advowson donative. An advowson

day nearest November 30th until whereby the patron may give a Christmas.

church or a chapel without presAdventitius. Adventitious; unusual. entation, institution or induction. Adventure. The shipment of goods

Advowson in gross. An advowson an. in charge of an agent to be sold

nexed to the person of the owner

and not to his manor or lands. by him for the shipper at the best

Advowson presentative. An advowprice obtainable; marine insurance risk. See 14 Fed. 233.

son whereby the patron has

right of presentation to the bishop Adverse enjoyment. The use of an

or ordinary. easement under claim of right.

Advoutry. Adultery.
Adverse party. Every party who Advowtry. Same as advoutry.

has an interest in conflict with the Aedes. A dwelling-house.
reversal of a judgment or whose Aedes alienas combussit. He burned
rights might be adversely or in. the dweiling of another.
juriously affected by a reversal, Aedificare. To build a house.
irrespective of whether such party Aedificare in tuo proprio solo non
is a plaintiff, a defendant, or an licet quod alteri noceat.

intervenor. See 21 Ann. Cas. 1273. not build on his own land what Adverse possession. Open and no- may injure another.

torious possession and occupation Aedificatum solo, solo cedit. A of real property under an evident building goes with the land on claim or color of right. See 35 which it stands. L. R. A. (N. S.) 755, note.

Aedificia solo cedunt. Buildings Advisory opinion. An opinion of a pass with the land.

higher court upon a point before a Aedile. A Roman officer who sulower one.

perintended the

of public Advocate. A barrister; one who buildings, streets, weights and may plead causes in a court.

measures, funerals, games and the Advocati. In Roman law, patrons, prices of provisions. pleaders.

Aedilitum edictum. A Roman law Advocatio. An advowson.

which provided the purchaser a Advocation. A Scotch method of remedy for the unsoundness of a appeal.

slave or animal sold with knowlAdvocatus est, ad quem pertinet edge of the defect.

jus advocationis alicujus ecclesiae, Ael. A grandfather. ut ad ecclesiam, nomine proprio, Aequior est dispositio legis quam non alieno, possit praesentare. A hominis. The law's disposition of patron is one who has the right of a matter is more just than that of presentation to a church and who can present to the church in his Aequitas. Equity.

own name and not that of another. Aequitas agit in personam. Equity Advocatus fisci. A fiscal advocate. acts against the person. See 59 Advowee. The holder of an advow- L. R. A. 907.

Aequitas casibus medetur. Equity Advowson. A right of presentation relieves against accidents.

to a church or benefice. See 2 Bl. Aequitas curiae cancellariae, quasi Comm. 21.

filia conscientiae, obtemperat se11

care

a man.

son.

AEQUITAS

AEQUITAS

some

a

a

cundum regulas curiae. Equity as makes

exception from the daughter of conscience com- broad legal principle. plies with rules of court.

Aequitas ignorantiae opitulatur, osciAequitas defectus supplet. Equity tantiae non item. Equity assists supplies defects,

ignorance, but not carelessness. Aequitas erroribus medetur. Equity

Aequitas in eum qui vult summo corrects errors.

jure agere summum jus intendit. Aequitas est aequalitas. Equity is

Equity gives the power of the law equality.

to him who wishes to observe it. Aequitas est correctio legis generaliter latae, qua parte deficit.

Aequitas in paribus causis paria Equity corrects a law which is too

jura. Equity requires like laws

for like cases. broad in that particular in which it is defective. See 5 L. R. A. Aequitas jurisdictiones non con340.

fundit. Equity does not confuse A equitas est correctio. quaedam legi

jurisdiction. adhibita, quia ab ea abest aliquid Aequitas liberationi et seizinae propter generalem sine exceptione favet. Equity favors livery and comprehensionem. Equity is

seisin. certain correction applied to the Aequitas naturam rei non mutat. law, because on account of the Equity does not change the nature law's general comprehension, with

of a thing. out any exception, something is Aequitas neminem juvat cum injuria lacking.

alterius. Equity aids no man to Aequitas est perfecta quaedam ratio the injury of another.

quae jus scriptum interpretatur et Aequitas non facit jus, sed juri emendat; nulla scriptura compre

auxiliatur. Equity does not make hensa, sed solum in vera ratione

the law but assists the law. consistens. Equity is a certain Aequitas non medetur defectu eorum perfect reasoning, which inter- quae jure positivo requisita alium. prets and amends the written law Equity does not cure defects in not embraced in any writing but positive requirements of the law.

consisting simply in true reason. Aequitas non sinit eum qui jus verum Aequitas est quasi aequalitas. Equity tenuit, extremum jus persequi. is a sort of equality.

Equity does not suffer him who Aequitas est verborum legis suffi- holds a true right to prosecute it ciens directo, quae una res sollum

to extremes. modo, cavetur verbis, ut omnis A equitas non sinit ut eandem rem alia in aequali genere, iisdem ca- duplici via simul quis persequatur. vetur verbis. Equity is the plain Equity does not permit one to get interpretation of words of law in double satisfaction for the same such manner as that where one grievance. thing only is guarded against by Aequitas non supplet ea quae in the words, all other things of the

manu orantis esse possunt. Equity same kind are also guarded against does not supply those things which by these words.

may be in the hands of the petiAequitas est virtus voluntatis, cor- tioner.

rectrix ejus in quo lex propter uni- Aequitas non vaga atque incert est, versalitatem deficit. Equity is the sed terminos habet atque limites virtue of the will, the corrector of praefinitas. Equity is not vague that in which the law on account and certain but has fixed boundof its universality is deficient.

aries and limits. Aequitas ex lege generaliter lata ali- Aequitas nunquam contravenit legis. quid excipit. Equity generally Equity never contravenes the law.

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A EQUITAS

AFFIRMANCE

as

Aequitas nunquam liti ancillatur ubi Affeeror. One appointed to tax an

remedium potest dare. Equity amercement. See 4 Bl. Comm.
never aids contention where it can 380.
give a remedy.

Affer. Cattle; horses.
Aequitas rei oppignoratae redemp- Affere. To appraise; to assess.

tionibus favet. Equity favors the Afferer. To appraise.
redemption of a pledge.

Affiant. The maker of an affidavit Aequitas rem ipsam intuetur de or deposition.

forma et circumstantiis minus Affidare. To swear. anxia. Equity regards form and Afidatio. A pledge of fealty. circumstance of less conse- Affidatus. An ally under the feudal quence than the subject matter system. itself.

Affidavit. A signed statement sworn Aequitas sequitur legem. Equity to before an authorized officer. follows the law.

See 50 Am. St. Rep. 162. Aequitas supervacua odit. Equity Affidavit of defense. See Affidavit dislikes superfluity.

of Merits. Aequitas uxoribus, liberis, creditori- Affidavit of merits An affidavit

bus maxime favet. Equity favors stating that the defendant has

wives, children and creditors most. stated his case and all of the facts Aequitas vult omnibus modis, ad veri- of his case to his attorney and is

tatem pervenire. Equity wishes by him informed and verily be

by all means to arrive at truth. lieves that he has a good defense Aequitas vult spoliatos, vel deceptos, to the merits of the action. See

vel lapsos ante omnia restituti. 20 Pa. 387, 59 Am. Dec. 728. Equity wishes the despoiled, the

Affidavit to hold to bail. An affideceived and the ruined before all davit prerequisite to a civil arrest. things to have restitution.

Affilare. To file. Aequivocum. Doubtful meaning.

Affiliation. Ascertainment of paAequumet bonum, est lex legum. ternity of a bastard child. That which is just and good is

Affines. Relatives by marriage. the law of laws.

Afinis. Relative by marriage. Aequus. Equal; just.

Affinis mei affinis non est mihi affinis. Aererer. To plough.

A relative of my relative by marAes. Money.

riage is not my relative. Aes alienum. A debt.

Affinitas. Related by marriage. Aes suum. His own money.

Affinity. Tie between a husband Aestimatio capitis. Value of the

and the blood relations of the head; the fine for committing a wife, and between a wife and the murder.

blood relations of the husband but Aestimatio praeteriti delicti ex post- not between the blood relations of

remo facto nunquam crescit. The either and those of the other. See gravity of a crime is never

6 L. R. A. 713; also 79 Am. St. hanced by subsequent occurrences. Rep. 195. Affaire. To do; to make.

Affirm. To confirm a former judg. Affectio tua nomen imponit operi ment or order of court. See, also, tuo. Your disposition gives char

Affirmation. acter to your work.

Affirmance. Confirmation of a judgAffectus punitur, licet non sequatur ment or order of court, as on an

effectus. The attempt is punish- appeal. able although the result does not Affirmance-Day-General. A day apfollow.

pointed for the general affirmance Affeer. To appraise; to assess.

or reversal of judgments in the Affeere. Same as Afeer.

court of exchequer. 13

en

AFFIRMANT

AGRARIAN

Affirmant. One who affirms in lieu Aged. More than fifty years old. of swearing.

See 65 Am. St. Rep. 306; also 39 Affirmanti, non neganti, incumbit L. R. A. 710.

probatis. The burden of proof is Agency. The relation existing beupon the party affirming, not on

tween a principal and his agent. him who denies.

See 46 L. R. A. 334. Affirmantis est probatio. The burden

Agens. A manager; a plaintiff. of proof is upon him who asserts.

Agent. One who is authorized to Affirmare. To affirm; to assert.

bind his principal contractually or Affirmation. A statement having by representations. See 3 Am. St.

the same effect and consequences Rep. 693; also Ann. Cas. 1913B, 84, as an oath, but not sworn to. See and 2 L. R. A. 808, note. 16 Pick. (Mass.) 153.

Agent and patient. One who does a Affirmative. That which states as thing and who suffers it to be done a fact, affirmatively.

to him. Affirmative pregnant. An affirm- Agent by estoppel. One whose auative allegation implying a nega

thority to bind a principal, the tive in favor of the adverse party.

latter is by his conduct estopped See 134 Ind. 46, 32 N. E. 780.

to deny. See 12 Wall. (U. S.) Affixus. Affixed; annexed.

681, 20 L. Ed. 436.

Agentes et consentientes pari poena Afforare. To appraise; to assess; to

plectentur. Those doing and those estimate.

consenting are liable to the same Afforce the assize. To compel jurors punishment. to agree by starving them or by

Ager. A field. adding jurors until twelve agreed. Agger. A dam; a dike; a bank. Afforciare. To increase or strengthen. Aggravation. That which enhances Afforest. To make into a forest.

the gravity of a nal or torAfforestare. To afforest.

tious act; allegations in a declaAffra. See affer.

ration which tend to enhance Affranchise. To set free.

damages. See 19 Vt. 107. Affray. A public fight.

Aggregatio mentium. A meeting of Affrectamentum. Affreightment. the minds of parties contracting. Affreightment. A contract for the See 95 N. Y. 428, 47 Am. Rep. 64. hiring of a vessel.

Aggrieved. Subjected to loss or inAffri. See Affer.

jury. See 25 L. R. A. (N. S.) 155, Aforethought. Premeditated.

note; also 62 L. R. A. 700. After. In connection with time, the Agillarius. A cowherd.

word may have an inclusive or ex- Agist entum. Agistment. clusive meaning, according to sub- Agister. The bailee of cattle pasject matter, context and purpose. tured on his land. See Ann. Cas. 1912A, 796; also 49 Agistment. The pasturing of the L. R. A. 200.

cattle of another on one's land. Aftermath. A crop subsequent to Agnati. Romans who traced their the first; the right to such a crop.

and lineage through the Age. See Full age.

male line to a common deceased Age of consent. The age below ancestor.

which the law presumes a girl in- Agnatio. Agnation. capable of consenting to the sexual Agnation. Relationship through

act. See 115 Cal. 132, 46 Pac. 915. males. Age prayer. A request of an infant Agnomen. A popular appellation

party to a real action for a stay often appended to one's true name. of proceedings until his majority. Agrarian. Pertaining to land.

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name

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