ARRESTMENT AJTURISDICTIONIS
FUNDANDZ CAUSA. In Scotch law. A process to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a foreigner’s goods within the jurisdiction, and these will not be relensed unless c...
Terms beginning with "A" (655 total)
ARRIAGE AND CARRIAGE. In Eng
lish and Scotch law. Indefinite services formerly demandable from tenants, but prohibited by statute, (20 Geo. IT. c. 50, §§ 21, 22.)
ARROGATION
tempt to enter. United States v. Open Boat, 5 Mason, 120, 132, Fed: Cas. No. 15,967.
ARTHEL, ARDHEL, or ARDDELIO
To avouch; as if a man were taken with stolen goods in his possession he was allowed a lawful aerthel, i. e., vouchee, to clear him of the felony; but provision was made against it by 28 Hen. VIII. c 6 Blount.
ARTICLES
1. A connected series of propositions; a system of rules. The subdivisions of a document, code, book, etc. A specification of distinct matters agreed upon or established by authority or requiring judicial action.
ARTICULATE ADJUDICATION. In
Scotch law. Where the creditor holds sev-
ARTICULI
Lat. Articles; items or heads. <A term applied to some old English statutes, and occasionally to treatises. —Artieuli cleri. Articles of the clergy, (g. v.)—Articnli de moneta. Articles concerning money, or the curre...
ARTICULO MORTIS
(Or more conmonly in articulo mortis.) In the article of death; at the point of death.
ARTIFICER
The terms and conditions under which property is sold at auction.—Articles of set. In Scotc law. An agreement for a lease. Paters. Comp. —Articles of the clergy. The title of a statute passed in the ninth year of Edw...
ARTIFICIAL 92
ARTIFICIAL. Created by art, or by law; existing only by force of or in contemplation of law.
ARTIFICIALLY
tifically ; using terms of art.
AS
Lat. In the Roman and civil law. A pound weight; and a coin originally weighing a pound, (called also “libra,’’) divided into twelve parts, called “uncie.”
As a legal
term, “digest’’ is to be distinguished from “abridgment.” The latter is a sumyoary or cpio of the contents of a single work, in which, as a rule, the original order or sequence of parts is preserved, and in whi...
As to
positive “Condition,” “Evidence,” “Fraud,” “Proof,” and “Servitude,” see those titles.
As used in Const. U. S. art
1, § 10, the term means the binding and coercive force which constrains every man to perform the agre& ments. he has made; RY forge grounded ‘jn: the ethical principle of fidelity to one’s promises, buc deriving its...
Ase’n, 77 Tex
225, 18 8S. W. 980; Queen Ins.
Ashbell, 58 Tex
260; Baldwin v. Gregg, 13
Asher Lumber Co
(C. C.) 123 Fed. 493.—Mining companies. This designation was formerly applied in England to the associations formed in London in 1825 for working mines in Mexico and South America; but at present it comprises, both in ...
Ashley County, 24 Ark
151; Com. v. Vance, 15 Serg. & R. (Pa.) 37.
Ashton. Ashton's Reports, vols
9-12 Opinions of the United States Attorneys General.
Ashworth v. Mounsey, L. R. 9 Exch
187; Pullen v. State, 11 Tex. App. 91; Allison v.
Asp. Cas
(or Rep.). English Maritime Law Cases, new series by Aspinall.
Ass'n v. Philadelphia & R. R. Co., 102 Pa
223. —Waiver of protest. An agreement by the indorser of a note or bill to be bound in his character of indorser without the formality of a protest in case of non-payment, or, in the case of paper which cannot or is no...
Ass'n, 39 App.. Div
276. 57 N. Y. Supp. 60;
Ass'n, 67 Wis
624, 81 N. W. 229; Civ. Code
Ass'n, 84 Md
625, 36 Atl. 439.—Free ships. In international law. Ships of a neutral nation. The phrase “free ships shall make free goods” is often inserted in treaties, meaning. that goods, even though belonging to an enemy, sh...
Ass’n v. East Lyme, 54 Conn
152, 5 Atl. 849. —Base-infeftment. In‘ Scotch law. A disposition of lands by a vassal, to be held of himaeclf.—Base right. In Scotch law. A subordinate right; the right of a subvassal in the lands held by him. Bell...
Ass’n v. Meninger, 14 Kan
315; Mankato vy. Warren, 20 Minn. 150 (Gil. 128); Wiggins v. Tallmadge, 11 Barb. (N. Y.) 462.
Ass’n, 40 App. Div
581, 58 N. Y. Supp. 122;
Ass’n, 79 Ala
617; Coleman v. Billings, 89 Ill. 191; Lewis v. Holmes, 109 La. 1030, 34 South. 66. 61 L. R. A. 274; Harris v. Harris, 70 Pa. 174; Penn Mut. L. Ins. Co. v. Trust Co., 73
Ass’n, 87 Fed
616, 31 C. C. A. 139.
ASSART
ASCEND. To go up; to pass up or upwards; to go or pass in the ascending line. 4 Kent, Comm. 393, 397.
ASSASSINATION - 98
the plucking them up by the roots and utterly destroying them, so that they can never afterward grow. This is not an offense if done with license to convert forest into tillage ground. Consult Afanwood’s Forest
ASSAY. The proof or trial, by
chemical experiments, of the purity or fineness of metals,—particularly of the precious metals, gold and silver.
ASSEMBLY
trary, that there is not a present purpose to do an injury, there is no assault. State v. Davis, 23 N. C. 127, 35 Am. Dec. 735. sentation of the ministers and elders of the church, regulated by Act Sth Assem. Assembly, ...
ASSESS
1. To ascertain, adjust, and ‘settle the respective shares to be contributed by several persons toward an object beneficial to them all, in proportion to the benefit received.
ASSESSMENT
In taxation. The listing and valuation of property for the purpose of apportioning a tax upon it, either according to value alone or in proportion to benefit received. Also determining the share of a tax to be paid by ea...
ASSETS
ASSESSOR. An officer chosen or appointed to appraise, value, or assess property. ministrators, applicable for the a bmi of debts. Termes de la Ley; 2 Bl. Comm. 510; 1 Crabb, Real Prop. 23; Favorite v. Booher, 17
ASSIGNMENT
assignee is clothed with the rights of his
ASSIGNMENT 97
6. In bankruptcy proceedings, the word designates the setting over or transfer of the bankrupt’s estate to the assignee.
ASSIGNMENT. In contracts
1. The act by which one person transfers to another, or causes to vest in that other, the whole of the right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, inte...
ASSISA CADERE
sise; 4. e., to be nonsuited.
ASSISE
—Assisa armorum. Assise of arms. A statute or ordinance requiring the keeping of arms for the common defense. Hale, Com. Baw, c. 11—Assisa continuanda. An ancient writ addressed to the justices of assise for the cont...
ASSISE 98
that statutes were in England called “assises’’ down to the reign of Henry III.
ASSISE, or ASSIZE
1. An ancient species of court, consisting of a certain number of men, usually twelve, who were sulmoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their ow...
ASSOCIATION
' ASSISTANT JUDGE. A judge of the English court of general or quarter sessions in Middlesex. He differs from the other justices in being a barrister of ten years’ standing, and In being salaried. ‘St. 7 & &
ASSOCIATION . 99
the justices and sergeants for the purposes of taking the assises. 3 Bl. Comm. 59, 60. —Articles of association. See ARTICLES. National ase tions. The atatutory title of corporations organized for the purpose of carryi...
Association, 104 Ga
814, 30 S. B. 911; Pfelster v. Association, 19 W. Va. 693.
Association, 97 Tenn
421, 37 S. W. 212, 35
ASSUMPSIT
Lat. He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is czrpress if ...