A LAW DICTIONARY
ADAPTED TO THE CONSTITUTION AND LAWS OF
THE UNITED STATES OF AMERICA
AND OF THE
SEVERAL STATES OF THE AMERICAN UNION
With References to the Civil and Other Systems of Foreign Law
by
John Bouvier
Ignoratis terminis ignoratur et ars. - Co. Litt. 2 a.
Je sais que chaque science et chaque art a ses termes
propres, inconnu au commun des hommes. - Fleury
SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED.
VOL. I.
___________________________
PHILADELPHIA
CHILDS & PETERSON, 124 ARCH STREET
1856
Entered according to Act of Congress, in the year one thousand
eight hundred and thirty-nine, BY JOHN BOUVIER, In the Clerk's
Office of the District Court for the Eastern District of
Pennsylvania.
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Entered according to Act of Congress, in the year one thousand
eight hundred and forty-three, BY JOHN BOUVIER, In the Clerk's
Office of the District Court for the Eastern District of
Pennsylvania.
_____________________________
Entered according to Act of Congress, in the year one thousand
eight hundred and forty-eight, BY JOHN BOUVIER, In the Clerk's
Office of the District Court for the Eastern District of
Pennsylvania.
_____________________________
Entered according to Act of Congress, in the year one thousand
eight hundred and fifty-two, BY ELIZA BOUVIER and ROBERT E.
PETERSON, Trustees, In the Clerk's Office of the District Court
for the Eastern District of Pennsylvania.
Deacon & Peterson, Printers
66 South Third Street.
TO THE HONORABLE
JOSEPH STORY, L L.D.,
One of the Judges of the Supreme Court of the United States
Bouvier's Law Dictionary : A1 : Page 1 of 118
THIS WORK IS WITH HIS PERMISSION MOST RESPECTFULLY DEDICATED AS A
TOKEN OF GREAT REGARD ENTERTAINED FOR HIS TALENTS, LEARNING, AND
CHARACTER,
by
THE AUTHOR.
ADVERTISEMENT
TO THE THIRD EDITION
Encouraged by the success of this work, the author has
endeavored to render this edition as perfect as it was possible
for him to make it. He has remoulded very many of the articles
contained in the former editions, and added upwards of twelve
hundred new ones.
To render the work as useful as possible, he has added a
very copious index to the whole, which, at the same time that it
will assist the inquirer, will exhibit the great number of
subjects treated in these volumes.
As Kelham's Law Dictionary has been published in this city,
and can be had by those who desire to possess it, that work has
not been added as an appendix to this edition.
Philadelphia, November, 1848.
ADVERTISEMENT
TO THE FOURTH EDITION
Since the publication of the last edition of this work, its
author, sincerely devoted to the advancement of his profession,
has given to the world his Institutes of American Law, in 4 vols.
Svo. Always endeavoring to render his Dictionary as perfect as
possible, he was constantly revising it; and whenever he met
with an article which he had omitted, he immediately prepared it
for a new edition. After the completion of his Institutes, in
September last, laboring to severely, he fell a victim to his
zeal, and died on the 18th of November, 1851, at the age of
sixty-four.
In preparing this edition, not only has the matter left by
its author been made use of, but additional matter has been
added, so that the present will contain nearly one-third more
than the last edition. Under one head, that of Maxims, nearly
thirteen hundred new articles have been added. The book has been
carefully examined, a great portion of it by two members of the
bar, in order that it might be purged, as far as possible, from
all errors of every description. The various changes in the
constitutions of the states made since the last edition, have
been noticed, so far as was compatible with this work; and every
effort made to render it as perfect as a work of the kind would
permit, in order that it might still sustain the reputation given
to it by a Dublin barrister, "of being a work of a most elaborate
character, as compared with English works of a similar nature,
and one which should be in every library."
Bouvier's Law Dictionary : A1 : Page 2 of 118
That it may still continue to receive the approbation of the
Bench and Bar of the United States, is the sincere desire of the
widow and daughter of its author.
PREFACE
To the difficulties which the author experienced on his
admission to the bar, the present publication is to be
attributed. His endeavours to get forward in his profession were
constantly obstructed, and his efforts for a long time
frustrated, for want of that knowledge which his elder brethren
of the bar seemed to possess. To find among the reports and the
various treatises on the law the object of his inquiry, was a
difficult task; he was in a labyrinth without a guide: and much
of the time which was spent in finding his way out, might, with
the friendly assistance of one who was acquainted with the
construction of the edifice, have been saved, and more profitably
employed. He applied to law dictionaries and digests within his
reach, in the hope of being directed to the source whence they
derived their learning, but be was too often disappointed; they
seldom pointed out the authorities where the object of his
inquiry might be found. It is true such works contain a great
mass of information, but from the manner in which they have been
compiled, they sometimes embarrassed him more than if he had not
consulted them. They were written for another country, possessing
laws different from our own, and it became a question how far
they were or were not applicable here. Besides, most of the
matter in the English law dictionaries will be found to have been
written while the feudal law was in its full vigor, and not
fitted to the present times, nor calculated for present use, even
in England. And there is a great portion which, though useful to
an [vii] English lawyer, is almost useless to the American
student. What, for example, have we to do with those laws of
Great Britain which relate to the person of their king, their
nobility, their clergy, their navy, their army; with their game
laws; their local statutes, such as regulate their banks, their
canals, their exchequer, their marriages, their births, their
burials, their beer and ale houses, and a variety of similar
subjects?
The most modern law dictionaries are compilations from the
more ancient, with some modifications and alterations and, in
many instances, they are servile copies, without the slightest
alteration. In the mean time the law has undergone a great
change. Formerly the principal object of the law seemed to be to
regulate real property, in all its various artificial
modifications, while little or no attention was bestowed upon the
rules which govern personal property and rights. The mercantile
law has since arisen, like a bright pyramid, amid the gloom of
the feudal law, and is now far more important in practice, than
that which refers to real estate. The law of real property, too,
has changed, particularly in this country.
Bouvier's Law Dictionary : A1 : Page 3 of 118
The English law dictionaries would be very unsatisfactory
guides, even in pointing out where the laws relating to the
acquisition and transfer of real estate, or the laws of descent
in the United States, are to be found. And the student who seeks
to find in the Dictionaries of Cowel, Manly, Jacobs, Tomlins,
Cunningham, Burn, Montefiore, Pott, Whishaw, Williams, the Termes
de Ley, or any similar compilation, any satisfactory account in
relation to international law, to trade and commerce, to maritime
law, to medical jurisprudence, or to natural law, will probably
not be fully gratified. He cannot, of course, expect to find in
them anything in relation to our government, our constitutions,
or our political or civil institutions.[viii]
It occurred to the author that a law dictionary, written
entirely anew, and calculated to remedy those defects, would be
useful to the profession. Probably overrating his strength, he
resolved to undertake the task, and if he should not fully
succeed, he will have the consolation to know, that his effort
may induce some more gifted individual, and better qualified by
his learning, to undertake such a task, and to render the
American bar an important service. Upon an examination of the
constitution and laws of the United States, and of the several
states of the American Union, he perceived many technical
expressions and much valuable information which he would be able
to incorporate in his work. Many of these laws, although local
in their nature, will be found useful to every lawyer,
particularly those engaged in mercantile practice. As instances
of such laws the reader is referred to the articles
Acknowledgment, Descent, Divorce, Letters of Administration, and
Limitatio. It is within the plan of this work to explain such
technical expressions as relate to the legislative, executive, or
judicial departments of the government; the political and the
civil rights and duties of the citizens; the rights and duties
of persons, particularly such as are peculiar to our
institutions, as, the rights of descent and administration; of
the mode of acquiring and transferring property; to the criminal
law, and its administration. It has also been an object with the
author to embody in his work such decisions of the courts as
appeared to him to be important, either because they differed
from former judgments, or because they related to some point
which was before either obscure or unsettled. He does not profess
to have examined or even referred to all the American cases; it
is a part of the plan, however, to refer to authorities,
generally, which will lead the student to nearly all the cases.
The author was induced to believe, that an occasional
comparison of the civil, canon, and other systems of foreign law,
with our own,[ix] would be useful to the profession, and
illustrate many articles which, without such aid, would not
appear very clear; and also to introduce many terms from foreign
laws, which may supply a deficiency in ours. The articles
Condonation, Extradition, and Novation, are of this sort. He was
induced to adopt this course because the civil law has been
considered, perhaps not without justice, the best system of
written reason, and as all laws are or ought to be founded in
reason, it seemed peculiarly proper to have recourse to this
fountain of wisdom: but another motive influenced this decision;
one of the states of the Union derives most of its civil
Bouvier's Law Dictionary : A1 : Page 4 of 118
regulations from the civil law; and there seemed a peculiar
propriety, therefore, in introducing it into an American law
dictionary. He also had the example of a Story, a Kent, Mr.
Angell, and others, who have ornamented their works from the same
source. And he here takes the opportunity to acknowledge the
benefits which he has derived from the learned labors of these
gentlemen, and of those of Judge Sergeant, Judge Swift, Judge
Gould, Mr. Rawle, and other writers on American law and
jurisprudence.
In the execution of his plan, the author has, in the first
place, defined and explained the various words and phrases, by
giving their most enlarged meaning, and then all the shades of
signification of which they are susceptible; secondly, he has
divided the subject in the manner which to him appeared the most
natural, and laid down such principles and rules as belong to it;
in these cases he has generally been careful to give an
illustration, by citing a case whenever the subject seemed to
require it, and referring to others supporting the same point;
thirdly, whenever the article admitted of it, he has compared it
with the laws of other countries within his reach, and pointed
out their concord or disagreement; and, fourthly, he has
referred to the authorities, the abridgments, digests, and the
[x] ancient and modem treatises, where the subject is to be
found, in order to facilitate the researches of the student. He
desires not to be understood as professing to cite cases always
exactly in point; on the contrary, in many instances the
authorities will probably be found to be but distantly connected
with the subject under examination, but still connected with it,
and they have been added in order to lead the student to matter
of which he may possibly be in pursuit.
To those who are aware of the difficulties of the task, the
author deems it unnecessary to make any apology for the
imperfections which may be found in the work. His object has been
to be useful; if that has been accomplished in any degree, he
will be amply rewarded for his labor; and he relies upon the
generous liberality of the members of the profession to overlook
the errors which may have been committed in his endeavors to
serve them.
PHILADELPHIA, September, 1839.
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LAW DICTIONARY
A:
A, the first letter of the English and most other alphabets,
is frequently used as an abbreviation, (q. v.) and also in the
marks of schedules or papers, as schedule A, B, C, &c. Among the
Romans this letter was used in criminal trials. The judges were
furnished with small tables covered with wax, and each one
inscribed on it the initial letter of his vote; A, when he voted
to absolve the party on trial; C, when he was for condemnation;
and N L, (non liquet) when the matter did not appear clearly, and
be desired a new argument.
A MENSA ET THORO, from bed and board. A divorce a mensa et
thoro, is rather a separation of the parties by act of law, than
a dissolution of the marriage. It may be granted for the causes
of extreme cruelty or desertion of the wife by the husband. 2
Eccl. Rep. 208. This kind of divorce does not affect the
legitimacy of children, nor authorize a second marriage. V. A
vinculo matrimonii; Cruelty Divorce.
A PRENDRE, French, to take, to seize, in contracts, as profits
a prendre. Ham. N. P. 184; or a right to take something out of
the soil. 5 Ad. & Ell. 764; 1 N. & P. 172 it differs from a
right of way, which is simply an easement or interest which
confers no interest in the land. 5 B. & C. 221.
A QUO, A Latin phrases which signifies from which; example,
in the computation of time, the day a quo is not to be counted,
but the day ad quem is always included. 13 Toull. n. 52 ; 2 Duv.
n. 22. A court a quo, the court from which an appeal has been
taken; a judge a quo is a judge of a court below. 6 Mart. Lo. R.
520; 1 Har. Cond. L. R. 501. See Ad quem.
A RENDRE, French, to render, to yield, contracts. Profits a
rendre; under this term are comprehended rents and services. Ham
N. P. 192.
A VINCULO MATRIMONII, from the bond of marriage. A marriage
may be dissolved a vinculo, in many states, as in Pennsylvania,
on the ground of canonical disabilities before marriage, as that
one of the parties was legally married to a person who was then
living; impotence, (q. v.,) and the like adultery cruelty and
malicious desertion for two years or more. In New York a sentence
of imprisonment for life is also a ground for a divorce a
vinculo. When the marriage is dissolved a vinculo, the parties
may marry again but when the cause is adultery, the guilty party
cannot marry his or her paramour.
AB INITIO, from the beginning.
2. When a man enters upon lands or into the house of another
by authority of law, and afterwards abuses that authority, he
becomes a trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke,
146 2 Bl. Rep. 1218 Clayt. 44. And if an officer neglect to
remove goods attached within a reasonable time and continue in
possession, his entry becomes a trespass ab initio. 2 Bl. Rep.
1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 13 11
East, 395 2 Camp. 115 2 Johns. 191; 10 Johns. 253; ibid. 369.
3. But in case of an authority in fact, to enter, an abuse
of such authority will not, in general, subject the party to an
action of trespass, Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It.
166. See generally 1 Chit. PI. 146. 169. 180.
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AB INTESTAT. An heir, ab intestat, is one on whom the law
casts the inheritance or estate of a person who dies intestate.
AB IRATO, civil law. A Latin phrase, which signifies by a man
in anger. It is applied to bequests or gifts, which a man makes
adverse to the interest of his heir, in consequence of anger or
hatred against him. Thus a devise made under these circumstances
is called a testament ab irato. And the suit which the heirs
institute to annul this will is called an action ab irato.
Merlin, Repert. mots Ab irato.
ABANDONMENT, contracts. In the French law, the act by which
a debtor surrenders his property for the benefit of his
creditors. Merl. Rep. mot Abandonment.
ABANDONMENT, contracts. In insurances the act by which the
insured relinquishes to the assurer all the property to the thing
insured.
2.- No particular form is required for an abandonment, nor need
it be in writing; but it must be explicit and absolute, and must
set forth the reasons upon which it is founded.
3.-It must also be made in reasonable time after the loss.
4.-It is not in every case of loss that the insured can abandon.
In the following cases an abandonment may be made: when there is
a total loss; when the voyage is lost or not worth pursuing, by
reason of a peril insured against or if the cargo be so damaged
as to be of little or no value; or where the salvage is very
high, and further expense be necessary, and the insurer will not
engage to bear it or if what is saved is of less value than the
freight; or where the damage exceeds one half of the value of
the goods insured or where the property is captured, or even
detained by an indefinite embargo ; and in cases of a like
nature.
5.-The abandonment, when legally made transfers from the insured
to the insurer the property in the thing insured, and obliges him
to pay to the insured what he promised him by the contract of
insurance. 3 Kent, Com. 265; 2 Marsh. Ins. 559 Pard. Dr. Coin.
n. 836 et seq. Boulay Paty, Dr. Com. Maritime, tit. 11, tom. 4,
p. 215.
ABANDONMENT. In maritime contracts in the civil law,
principals are generally held indefinitely responsible for the
obligations which their agents have contracted relative to the
concern of their commission but with regard to ship owners there
is remarkable peculiarity; they are bound by the contract of the
master only to the amount of their interest in the ship, and can
be discharged from their responsibility by abandoning the ship
and freight. Poth. Chartes part. s. 2, art. 3, § 51; Ord. de la
Mar. des proprietaires, art. 2; Code de Com. 1. 2, t. 2, art.
216.
ABANDONMENT, Rights. The relinquishment of a right; the
giving up of something to which we are entitled.
2. - Legal rights, when once vested, must be divested
according to law, but equitable rights may be abandoned. 2 Wash.
R. 106. See 1 H. & M. 429; a mill site, once occupied, may be
abandoned. 17 Mass. 297; an application for land, which is an
inception of title, 5 S. & R. 215; 2 S. & R. 378; 1 Yeates,
193, 289; 2 Yeates, 81, 88, 318; an improvement, 1 Yeates, 515
; 2 Yeates, 476; 5 Binn. 73; 3 S. & R. 319; Jones' Syllabus
of Land Office Titles in Pennsylvania, chap. xx; and a trust
fund, 3 Yerg. 258 may be abandoned.
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3. - The abandonment must be made by the owner without being
pressed by any duty, necessity or utility to himself, but simply
because he wishes no longer to possess the thing; and further it
must be made without any desire that any other person shall
acquire the same; for if it were made for a consideration, it
would be a sale or barter, and if without consideration, but with
an intention that some other person should become the possessor,
it would be a gift: and it would still be a gift though the owner
might be indifferent as to whom the right should be transferred;
for example, he threw money among a crowd with intent that some
one should acquire the title to it.
ABANDONMENT for torts, a term used in the civil law. By the
Roman law, when the master was sued for the tort of his slave, or
the owner for a trespass committed by his animal, he might
abandon them to the person injured, and thereby save himself from
further responsibility.
2. - Similar provisions have been adopted in Louisiana. It is
enacted by the civil code that the master shall be answerable for
all the damages occasioned by an offence or quasi offence
committed by his slave. He may, however, discharge himself from
such responsibility by abandoning the slave to the person
injured; in which case such person shall sell such slave at
public auction in the usual form; to obtain payment of the
damages and costs; and the balance, if any, shall be returned to
the master of the slave, who shall be completely discharged,
although the price of the slave should not be sufficient to pay
the whole amount of the damages and costs; provided that the
master shall make abandonment within three days after the
judgment awarding such damages, shall have been rendered;
provided also that it shall not be proved that the crime or
offence was committed by his order, for in such cases the master
shall be answerable for all damages resulting therefrom, whatever
be the amount, without being admitted to the benefit of
abandonment. Art. 180, 181.
3. - The owner of an animal is answerable for the damages he
has caused; but if the animal had been lost, or had strayed more
than a day, he may discharge himself from this responsibility, by
abandoning him to the person who has sustained the injury, except
where the master has turned loose a dangerous or noxious animal,
for then he must pay for all the harm he has done, without being
allowed, to make the abandonment. Ib. art. 2301.
ABANDONMENT, malicious. The act of a husband or wife, who
leaves his or her consort willfully, and with an intention of
causing perpetual separation.
2. - Such abandonment, when it has continued the length of
time required by the local statutes, is sufficient cause for a
divorce. Vide 1 Hoff. R. 47; Divorce.
ABATEMENT, chancery practice, is a suspension of all
proceedings in a suit, from the want of proper parties capable of
proceeding therein. It differs from an abatement at law in this,
that in the latter the action is in general entirely dead, and
cannot be revived, 3 Bl. Com. 168 but in the former, the right to
proceed is merely suspended, and may be revived by a bill of
revivor. Mitf. Eq. Pl. by Jeremy, 57; Story, Eq. PI. §354.
ABATEMENT, contracts, is a reduction made by the creditor, for
the prompt payment of a debt due by the payor or debtor. Wesk. on
Ins. 7.
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ABATEMENT, merc. law. By this term is understood the deduction
sometimes made at the custom-house from the duties chargeable
upon goods when they are damaged See Act of Congress, March 2,
1799, s. 52, 1 Story L. U. S. 617.
ABATEMENT, pleading, is the overthrow of an action in
consequence of some error committed in bringing or conducting it
when the plaintiff is not forever barred from bringing another
action. 1 Chit. Pl. 434. Abatement is by plea. There can be no
demurrer in abatement. Willes' Rep. 479; Salk. 220.
2. Pleas in abatement will be considered as relating, 1, to
the jurisdiction of the court; 2, to the person of the
plaintiff; 3, to that of the defendant; 4, to the writ; 5, to
the qualities. of such pleas ; 6, to the form of such pleas; 7,
to the affidavit of the truth of pleas in abatement.
3. - § 1. As to pleas relating to the jurisdiction of the
court, see article Jurisdiction, and Arch. Civ. Pl. 290; 1 Chit.
PI. Index. tit, Jurisdiction. There is only one case in which the
jurisdiction of the court may be inquired of under the general
issue, and that is where no court of the country has jurisdiction
of the cause, for in that case no action can be maintained by the
law of the land. 3 Mass. Rep. Rea v. Hayden, 1 Dougl. 450; 3
Johns. Rep. 113; 2 Penn. Law Journal 64, Meredith v. Pierie.
4. - § 2. Relating to the person of the plaintiff. 1. The
defendant may plead to the person of the plaintiff that there
never was any such person in rerum natura. Bro. Brief, 25 ; 19
Johns. 308 Com. Dig. Abatement, E 16. And if one of several
plaintiffs be a fictitious person, it abates the writ. Com. Dig.
Abatement, E 16; 1 Chit. Pl. 435; Arch. Civ. Pl. 304. But a
nominal plaintiff in ejectment may sustain an action. 5 Verm. 93;
19 John. 308. As to the rule in Pennsylvania, see 5 Watts, 423.
5. - 2. The defendant. may plead that the plaintiff is a feme
covert. Co. Lit. 132, b.; or that she is his own wife. 1 Brown.
Ent. 63; and see 3 T. R. 631; 6 T. R. 265; Com. Dig.
Abatement, E 6; 1 Chit. Pl. 437; Arch. Civ. Pl. 302. Coverture
occurring after suit brought is a plea in abatement which cannot
be pleaded after a plea in bar, unless the matter arose after the
plea in bar; but in that case the defendant must not suffer a
continuance to intervene between the happening of this new
matter, or its coming to his knowledge, and pleading it. 4 S & R.
238; Bac. Abr. Abatement, G; 4 Mass. 659; 4 S. & R.
238; 1 Bailey, 369; 4 Vern. 545; 2 Wheat. 111; 14 Mass. 295
; 1 Blackf. 288 ; 2 Bailey, 349. See 10 S. & R. 208; 7 Verm.
508; 1 Yeates, 185; 2 Dall. 184; 3 Bibb, 246.
6. - 3. That the plaintiff (unless he sue with others as
executor) is an infant and has declared by attorney. 1 Chit. Pl.
436; Arch. Civ. Pi. 301; Arch. Pr. B. R. 142 ; 2 Saund. 212,
a, n. 5; 1 Went. 58, 62; 7 John. R. 373; 3 N. H. Rep. 345; 8
Pick. 552; and see 7 Mass. 241; 4 Halst. 381 2 N. H. Rep. 487.
7. - 4. A suit brought by a lunatic under guardianship, shall
abate. Brayt. 18.
8. - 5. Death of plaintiff before the purchase of the original
writ, may be pleaded in abatement. 1 Arch. Civ. PI. 304, 5; Com.
Dig. Abatement, E 17. Death of plaintiff pending the writ might
have been pleaded since the last continuance, Com. Dig.
Abatement, H 32; 4 Hen. & Munf. 410; 3 Mass. 296 ; Cam. & Nor.
72; 4 Hawks, 433; 2 Root, 57; 9 Mass. 422; 4 H. & M. 410;
Gilmer, 145; 2 Rand. 454; 2 Greenl. 127. But in some states, as
Bouvier's Law Dictionary : A1 : Page 9 of 118
in Pennsylvania, the, death of the plaintiff does not abate the
writ; in such case the executor or administrator is substituted.
The rule of the common law is, that whenever the death of any
party happens, pending the writ, and yet the plea is in the same
condition, as if such party were living, then such death makes no
alteration; and on this rule all the diversities turn. Gilb.
Com. Pleas 242.
9. - 6. Alienage, or that the plaintiff is an alien enemy.
Bac. Abr. h.t.; 6 Binn. 241 ; 10 Johns. 183; 9 Mass. 363 ;
Id. 377 ; 11 Mass. 119 ; 12 Mass. 8 ; 3 31. & S. 533; 2 John.
Ch. R. 508; 15 East, 260; Com. Dig. Abatement, E 4; Id. Alien,
C 5; 1 S. & R. 310; 1 Ch. PI. 435; Arch. Civ. PI. 3, 301.
10. - 7. Misnomer of plaintiff may also be pleaded in
abatement. Arch. Civ. Pi. 305; 1 Chitty's Pleading, Index, tit.
Misnomer. Com. Dig. Abatement, E 19, E 20, E 21, E 22; l Mass.
75; Bac. Abr. h. t.
11. - 8. If one of several joint tenants, sue in action ex
contractu, Co. Lit. 180, b; Bac. Abr. Joint-tenants, K; 1 B. &
P. 73; one of several joint contractors, Arch. Civ. PI. 48-51,
53 ; one of several partners, Gow on Part. 150; one of. several
joint executors who have proved the will, or even if they have
not proved the will, 1 Chit. PI. 12, 13; one of several joint
administrators, Ibid. 13; the defendant may plead the
non-joinder in abatement. Arch. Civ. Pl. 304; see Com. Dig.
Abatement, E 9, E 12, E 13, E 14.
12.-9. If persons join as plaintiffs in an action who should
not, the defendant may plead the misjoinder in abatement. Arch.
Civ. PI. 304; Com. Dig. Abatement, E 15.
13. - 10. When the plaintiff is an alleged corporation, and it
is intended to contest its existence, the defendant must plead in
abatement. Wright, 12; 3 Pick. 236; 1 Mass 485; 1 Pet. 450; 4
Pet. 501; 5 Pet. 231. To a suit brought in the name of the
"judges of the county court," after such court has been
abolished, the defendant may plead in abatement that there are no
such judges. Judges, &c. v. Phillips; 2 Bay, 519.
14. - § 3. Relating to the person of the defendant. 1. In an
action against two or more, one may plead in abatement that there
never was such a person in rerum natura as A, who is named as
defendant with him. Arch. Civ. PI. 312.
15. - 2. If the defendant be a married woman, she may in
general plead her coverture in abatement, 8 T. R. 545 ; Com.
Dig. Abatement, F 2. The exceptions to this rule arise when the
coverture is suspended. Com. Dig. Abatement, F 2, §3; Co. Lit.
132, b; 2 Bl. R. 1197; Co. B. L. 43.
16. - 3. The death of the defendant abates the writ at common
law, and in some cases it does still abate the action, see Com.
Dig. Abatement, H 34; 1 Hayw. 500; 2 Binn. l.; 1 Gilm. 145; 1
Const. Rep. 83; 4 McCord, 160; 7 Wheat. 530; 1 Watts, 229; 4
Mass. 480; 8 Greenl. 128; In general where the cause of action
dies with the person, the suit abates by the death of the
defendant before judgment. Vide Actio Personalis moritur cum
persona.
17. - 4. The misnomer of the defendant may be pleaded in
abatement, but one defendant cannot plead the misnomer of
another. Com. Dig. Abatement, F 18 ; Lutw. 36; 1 Chit. PI. 440;
Arch. Civ. PI. 312. See form of a plea in abatement for a
misnomer of the defendant in 3 Saund. 209, b., and see further, 1
Show. 394; Carth. 307 ; Comb. 188 ; 1 Lutw. 10 ; 5 T. R. 487.
Bouvier's Law Dictionary : A1 : Page 10 of 118
18. - 5. When one joint tenant, Com. Dig. Abatement, F 5, or
one tenant in common, in cases, where they ought to be joined,
Ibid. F 6, is sued alone-he may plead in abatement. And in
actions upon contracts if the plaintiff do not sue all the
contractors, the defendant may plead the non-joinder in
abatement. Ibid. F 8, a; 1 Wash. 9; 18 Johns. 459; 2 Johns.
Cas. 382 ; 3 Caines's Rep. 99 ; Arch.. Civ. PI. 309; 1 Chit.
PI. 441. When husband and wife should be sued jointly, and one is
sued alone, the non-joinder may be pleaded in abatement. Arch.
Civ. PI. 309. The non-joinder of all the executors, who have
proved the will; and the non-joinder of all the administrators
of the deceased, may be pleaded in abatement. Com. Dig.
Abatement, F 10.
19. - 6. In a real action if brought against several persons,
they may plead several tenancy, that is, that they hold in
severalty and not jointly, Com. Dig. Abatement, F 12; or one of
them may take the entire tenancy on himself, and pray judgment of
the writ. Id. F 13. But mis-joinder of defendant in a personal
action is not the subject of a plea in abatement. Arch. Civ. PI.
68, 310.
20. - 7. In cases where the defendant may plead non-tenure,
see Arch. Civ. PI. 310; Cro. El. 559.
21. - 8. Where he may plead a disclaimer, see Arch. Civ. PI.
311; Com.
Dig. Abatement, F 15.
22. - 9. A defendant may plead his privilege of not being
sued, in abatement. Bac. Ab. Abridgment C ; see this Dict. tit.
Privilege.
23. - § 4. Plea in, abatement of the writ. 1. Pleas in
abatement of the writ or a bill are so termed rather from their
effect, than from their being strictly such pleas, for as oyer of
the writ can no longer be craved, no objection can be taken to
matter which is merely contained in the writ, 3 B. & P. 399; 1
B. & P. 645-648; but if a mistake in the writ be carried into
the declaration, or rather if the declaration, which is resumed
to correspond with the writ or till, be incorrect in respect of
some extrinsic matter, it is then open to the defendant to plead
in abatement to the writ or bill, 1 B. & P. 648; 10 Mod. 210;
and there is no plea to the declaration alone but in bar; 10
Mod. 210 ; 2 Saund. 209, d. 24.-2. Pleas in abatement. of the
writ or bill and to the form or to the action. Com. Dig.
Abatement, H. 1, 17.
25. - 3. Those of the first description were formerly either
matter apparent on the face of the ;Writ, Com. Dig. Abatement, H
l, or matters dehors. Id. H 17.
26. - 4. Formerly very trifling errors were pleadable in
abatement, 1 Lutw. 25; Lilly's Ent. 6 ; 2 Rich. C. P. 5, 8 ; 1
Stra. 556; Ld. Raym. 1541 ; 2 Inst. 668; 2 B. & P. 395.. But
as oyer of the writ can no longer be had, an omission in the
defendant's declaration of the defendant's addition, which is not
necessary to be stated in a declaration, can in no case be
pleaded in abatement. 1 Saund. 318, n. 3; 3 B. & B. 395; 7
East, 882.
27. - 5. Pleas in abatement to the form of the writ, are
therefore now principally for matters dehors, Com. Dig.
Bouvier's Law Dictionary : A1 : Page 11 of 118
Abatement, H 17; Glib. C. P., 51 , existing at the time of suing
out the writ, or arising afterwards, such as misnomer of the
plaintiff or defendant in Christian or surname.
28. - 6. Pleas in abatement to the action of the writ, and
that the action is misconceived, as that it is in case where it
ought to have, been in trespass, Com. Dig. Abatement, G 5 ; or
that it was prematurely brought, Ibid. Abatement, G 6, and tit.
Action E ; but as these matters are grounds of demurrer or
nonsuit, it is now very unusual to plead them in abatement. It
may also
be pleaded that there ii another action pending. See tit. Autre
action pendant. Com. Dig. Abatement, H. 24; Bac. Ab. Abatement,
M; 1 Chitty's Pi. 443.
29. - § 6. Qualities of pleas in abatement. 1. A writ is
divisible, and may be abated in part, and remain good for the
residue; and the defendant may plead in abatement to part, and
demur or plead in bar to the residue of the declaration. 1 Chit.
PI. 444; 2 Saund. 210, n. The general rule is, that whatever
proves the writ false at the time of suing it out, shall abate
the writ entirely Gilb. C. P. 247 1 Saund. Rep. 286, (n) 7; 2
do. 72, (i)
sub fin.
30. - 2. As these pleas delay the trial of the merits of the
action, the greatest accuracy and precision are required in
framing them; they should be certain to every intent, and be
pleaded without any repugnancy. 3 T. R. 186; Willes, 42 ; 2 Bl.
R. 1096 2 Saund. 298, b, n. 1 ; Com. Dig. 1, 11 Co. Lit. 392;
Cro. Jac. 82; and must in general give the plaintiff a better
writ. This is the true criterion to distinguish a plea in
abatement from a plea in bar. 8 T. IR. 615; Bromal. 139; 1
Saund. 274, n. 4 ; 284 n. 4; 2 B. & P. 125 ; 4 T. R. 227 ; 6
East) 600 ; Com. Dig. Abatement, J 1, 2; 1 Day, 28; 3 Mass.
24; 2 Mass. 362; 1 Hayw. 501; 2 Ld. Raym. 1178; 1 East, 634.
Great accuracy is also necessary in the form of the plea as to
the commencement and conclusion, which is said to make the plea.
Latch. 178 ; 2 Saund. 209, c. d; 3 T. R. 186.
31. - § 6. Form of pleas in abatement .1 As to the form of
pleas in abatement, see 1 Chit. PI. 447; Com. Dig. Abatement, 1
19; 2 Saund. 1, n. 2.
32. - § 7. Of the affidavit of truth. 1. All pleas in
abatement must be sworn to be true, 4 Ann. c. 16, s. 11. The
affidavit may be made by the defendant or a third person, Barnes,
344, and must be positive as to the truth of every fact contained
in the plea, and should leave nothing to be collected by
inference; Sayer's Rep. 293; it should be stated that the plea
is true in substance and fact, and not merely that the plea is a
true plea. 3 Str. 705, Litt. Ent. 1; 2 Chitt. Pl. 412, 417; 1
Browne's Rep. 77 ; see. 2 Dall. 184; 1 Yeates, 185.
See further on the subject of abatement of actions, Vin. Ab.
tit. Abatement; Bac. Abr. tit. Abatement; Nelson's Abr. tit.
Abatement; American Dig. tit. Abatement; Story's Pl. 1 to 70;
1 Chit. Pl. 425 to 458; Whart. Dig. tit. Pleading, F. (b.)
Penna. Pract. Index, h. t.; Tidd's Pr. Index, h. t.; Arch. Civ.
Pl. Index, h. t.; Arch. Pract. Index, h. t. Death; Parties to
actions; Plaintiff; Puis darrein continuance.
ABATEMENT OF A FREEHOLD. The entry of a stranger after the
death of the ancestor, and before the heir or devisee takes
possession, by which the rightful possession of the heir or
devisee is defeated. 3 Bl. 1 Com. 167; Co. Lit. 277, a; Finch's
Law, 1 195; Arch. Civ. Pl. 11.
Bouvier's Law Dictionary : A1 : Page 12 of 118
2. By the ancient laws of Normandy, this term was used to
signify the act of one who, having an apparent right of
possession to an estate, took possession of it immediately after
the death of the actual possessor, before the heir entered.
Howard, Anciennes Lois des Frangais, tome 1, p. 539.
ABATEMENT OF LEGACIES, is the reduction of legacies for the
purpose of paying the testator's debts.
2. When the estate is short of paying the debts and legacies,
and there are general legacies and specific legacies, the rule is
that the general legatees must abate proportionably in order to
pay the debts; a specific legacy is not abated unless the
general legacies cannot pay all the debts; in that case what
remains to be paid must be paid by the specific legatees, who
must, where there are several, abate their legacies,
proportionably. 2 Bl. Com. 513; 2 Vessen. 561 to 564; 1 P. Wms.
680; 2 P. Wms. 283. See 2 Bro. C. C. 19; Bac.
Abr. Legacies, H; Rop. on Leg. 253, 284.
ABATEMENT OF NUISANCES is the prostration or removal of a
nuisance. 3 Bl.
2. - 1. Who may abate a nuisance; 2, the manner of abating
it. §1. Who may abate a nuisance. 1. Any person may abate a
public nuisance. 2 Salk. 458; 9 Co. 454.
3. - 2. The injured party may abate a private nuisance, which
is created by an act of commission, without notice to the person
who has committed it; but there is no case which sanctions the
abatement by an individual of nuisances from omission, except
that of cutting branches of trees which overhang a public road,
or the private property of the person who cuts them.
4. - § 2. The manner of abating it. 1. A public nuisance may
be abated without notice, 2 Salk. 458; and so may a private
nuisance which arises by an act of commission. And, when the
security of lives or property may require so speedy a remedy as
not to allow time to call on the person on whose property the
mischief has arisen to remedy it, an individual would be
justified in abating a nuisance from omission without notice. 2
Barn. & Cres. 311; 3
Dowl. & R. 556.
5. - 2. In the abatement of a public nuisance, the abator need
not observe particular care in abating it, so as to prevent
injury to the materials. And though a gate illegally fastened,
might have been opened without cutting it down, yet the cutting
would be lawful. However, it is a general rule that the abatement
must be limited by its necessity, and no wanton or unnecessary
injury must be committed. 2 Salk. 458.
6. - 3. As to private nuisances, it has been held, that if a
man in his own soil erect a thing which is a nuisance to another,
as by stopping a rivulet, and so diminishing the water used by
the latter for his cattle, the party injured may enter on the
soil of the other, and abate the nuisance and justify the
trespass; and this right of abatement is not confined merely to
a house, mill, or land. 2 Smith's Rep. 9; 2 Roll. Abr. 565; 2
Leon. 202; Com. Dig. Pleader, 3 M. 42; 3 Lev. 92; 1 Brownl.
212; Vin. Ab. Nuisance; 12 Mass. 420; 9 Mass. 316; 4 Conn.
418; 5 Conn. 210; 1 Esp. 679; 3 Taunt. 99; 6 Bing. 379.
Bouvier's Law Dictionary : A1 : Page 13 of 118
7. - 4. The abator of a private nuisance cannot remove the
materials further than is necessary, nor convert them to his own
use. Dalt. o. 50. And so much only of the thing as causes the
nuisance should be removed; as if a house be built too high, so
much. only as is too high should be pulled down. 9 Co. 53; God.
221; Str. 686.
8. - 5. If the nuisance can be removed without destruction
and delivered to a magistrate, it is advisable to do so; as in
the case of a libellous print or paper affecting an individual,
but still it may be destroyed 5 Co. 125, b.; 2 Campb. 511. See
as to cutting down trees, Roll. Rep. 394; 3 Buls 198; Vin. Ab.
tit. Trees, E, and Nuisance W.
ABATOR is, 1st, he who abates or prostrates a nuisance; 2, he
who having no right of entry, gets possession of the freehold to
the prejudiae of an heir or devisee, after the time when the
ancestor died, and before the heir or devisee enters. See article
Abatement. Litt. § 897; Perk. § 383; 1 Inst. 271; 2 Prest.
Abst. 296. 300. As to the consequences of an abator dying in
possession, See Adams' Eject. 43.
ABATUDA, obsolete. Any thing diminished; as, moneta abatuda,
which is money clipped or diminished in value. Cowell, h. t.
ABAVUS, civil law, is the great grandfather, or fourth male
ascendant. Abavia, is the great grandmother, or fourth female
ascendant.
ABBEY, abbatia, is a society of religious persons, having an
abbot or abbess to preside over them. Formerly some of the most
considerable abbots and priors in England had seats and votes in
the house of lords. The prior of St. John's of Jerusalem, was
styied the first baron of England, in respect to the lay barons,
but he was the last of the spiritual barons.
ABBREVIATION, practice. - The omission of some words or
letters in writing; as when fieri facias is written fi. fa.
2. In writing contracts it is the better practice to make no
abbreviations; but in recognizances, and many other contracts,
they are used; as John Doe tent to prosecute, &c. Richard Roe
tent to appear, &c. when the recognizances are used, they are
drawn out in extenso. See 4 Ca. & P. 61; S.C.19E.C.L.R.268; 9
Co.48.
ABBREVIATIONS and abbreviated references. The following list,
though necessarily incomplete, may be useful to some readers.
A, a, the first letter of the alphabet, is sometimes used in the
ancient law books to denote that the paging is the first of that
number in the book. As an abbreviation, A is used for anonymous.
A. & A. on Corp. Angell & Ames on Corporations. Sometimes cited
Ang. on Corp.
A. B. Anonymous Reports, printed at the end of Bendloe's Reports.
A. D. Anno Domini, in the year of our Lord
A. & E. Adolphus and Ellis' Reports.
A. & E. N. S. Adolphus & Ellis' Queen's Bench Reports, New
Series, commonly cited Q. B.
A. & F. on Fixt. Amos & Ferard on Fixtures.
A. K. Marsh. A. K. Marshall's (Kty.) Reports.
Ab. or Abr. Abridgement.
Abr. Ca. Eq. Abridgement of cases in Equity.
Bouvier's Law Dictionary : A1 : Page 14 of 118
Abs. Absolute.Ab. Sh. Abbott on Shipping.
Acc. Accord or Agrees.
Act. Acton's Reports.
Act. Reg. Acta Regia.
Ad. Eject. Adams on Ejectment.
Ad. & Ell. Adolphus & Ellis' Reports.
Ad. finn. Ad finem. At or near the ond.
Ads. Ad sectum, vide Ats.
Addam's R. Addam's Ecclesiastical Reports. In E. Eccl. Rep.
Addis on Contr. Addison on the Law of Contracts and on Parties to
actions ex contractu.
Addis. R. Addison's Reports.
Admr. Administrator.
Ady. C. M. Adye on Courts Martial.
Aik. R. Aiken's Reports.
Al. Aleyn's Cases.
Al. Alinea. Al et. Et alii, and others.
Al.& N.~~ Alcock & Napier's Reports.
Ala. R. Alabama Repo_rt~.
Alc. Reg. G~. Alcock's Reg~stration Case~
Ald. ~ Van Hoes. Dig. A Di~gest of the Laws of Mi~sissippi, by T.
J. ~Fox Alden and J. A. Yan Hoesen.
Aldr. Hilt. Aldridge's History of the Court~ of Law.
Alis. Prin. Alison's Principles of the Criminal Law of Scotland.
All. ~ Mor. Tr. Allen and Morris' Trial.
Alley. L. D. of ~Mar. Alleyne'~s Legal Degrees of Marriage
considered.
Alln. Part. Allnat on Partition.
Am. America, American, or Americana.
Amb. Ambler's Reports.
Am. ~ Fer. on. F~ixt. Amo~s & Ferard on Fi~xture~s.
Amer. ~America, American, or Americana.
Amer. Dig. American Dige~t.
~Amer. Jur. American Jurist.
A~n. Anonymous.
And . Anderson's Reports.
Ander. Ch. War. Anderdon on Church Warden~.
Andr. Andrew'~ Report~.
Ang. on Adv. Enj. Angell'~s Inquiry into the rule of law which
creates a right to an incorporeal hereditament, by an adverse
enjoyment of twenty years.
Ang. on Ass. Angell'~s Practical Summary of the Law of
Assignment~ in tru~t for creditor~.
Ang. on B. T. Angell on Bank Tax.
Ang. on Corp. Angell on the Law of Private Corporation~s.
Ang. on Limit. Angell's Treatise on the Limitation of Actions at
Law, and Suits in Equity.
~Ang. on Tide Wat. ~~Angell on the right of property in Tide
Waters.
Ang.~ on W~ater Co~urses. Angell on the Common Law in relation to
Water Courses.
Bouvier's Law Dictionary : A1 : Page 15 of 118
Ann. Anne; as 1 Ann. c. 7.Anna. Annaly's Reports. This book is
usually cited Cas. Temp.
Hardw.
Annesl. on Ins. Annesley on Insurance.
Anstr. Anstruther's Reports.
Anth. Shep. Anthon's editon's of Sheppard's Touchstone.
Ap. Justin. Apud Justinianum, or Justinian's Institutes.
App. Apposition.
Appx. Appendix.
Arch Archbold. Arch. Civ. Pl. Archbold's Civil Pleadings. Arch.
Cr. Pl. Ar-
chbold's Criminal Pleadins. Arch. Pr. Archbold's Practice.
Arch. B. L.
Archbold's Bankrupt law. Arch. L. & T. Archbold on the Law of
Landlord
and Tenant. Arch. N. P. Archbold's Law of nisi Prius.
Arg. Argumento, by an argument drawn from such a law. it also
signifies
arguendo.
Arg. Inst. Institution au Droit Francais, par M. Argou.
Ark. Rep. Arkansas Reports. See Pike's Rep.
Ark. Rev. Stat. Arkansas Revised Statutes.
Art. Article
Ashm. R. Ashmead's Reports
~Aso & Man. Inst. Aso and Manuel's institutes of the Laws of
Spain.
Ass. or Lib. Ass. Liber Assissarium, or Pleas of the Crown.
Ast. Ent. Aston's Entries.
Atherl. on Mar. Atherley on the Law of Marriage and other Family
Settlements.
Atk. Atkyn's Reports.
Atk. P. T. Atkyn's Parliamentary Tracts.
Atk. on Con. Atkinson on Conveyancing.
Atk. on Tit. Atkinson on Marketable Titles.
Ats. in practice, is an abbreviation for the words "at suit of,"
and is used
when the defendant files any pleadings; for example: when the
defendant
enters a plea he puts his name before that of the plaintiff,
reversing the
order in which they are on the record. C.D.(the defendant,) ats
A.B. (the
plaintiff.)
Aust. on Jur. The Province of Jurisprudence determind, by John
Austin
Auth. Authentica, in the Authentic; that is, the Summary of some
of the Novels
of the Civil Law inserted in the code under such a title.
Ay. Ayliff'es Pandect.
Ayl. Parerg. Ayliffe's Parergon juris canonici Anglicani.
Azun. Mar. Law. Azuni's Maritime Law of Europe.
B, b, ig used to point out that a number, used at tho head of a
page to denote
the folio, is the second number o~f the same volume.
B. B. Bail Bond.
B. or Bk. Boo~k.
B. ~& A. Barnewall & Alderson~s Reports.
Bouvier's Law Dictionary : A1 : Page 16 of 118
B. ~& B. Ball ~& Beatty's Reports.B. C. R. Brown'~s Chancery Reports.
B. Eccl. L. Burn's Ecclesia~tical Law.
B. J~ust. Burn's Justice.
B. N. C. Brooke's ~New Cases.
B. P. C. or Bro. Parl. CaJ. Brown's Parliamentry Ca~ses.
B. ~& P. or Bos. ~& Pull. Bosanquet & Puller's Reports.
B. R. or K. B. ~King'~s Bench.
B. Tr. Bishop's Trial.
Bab. on Auct. Babington on the Law of Auctions.
Bab. Set off. Babington on Set off and mutual credit.
Bac. Abr. Bacon's Abridgement.
Bac. Comp. Arb. Bacon's (M.) Complete Arbitrator.
Bac. El. Bacon's Elements of the Common Law.
Bac. Gov. Bacon on Go~vernment.
Bac. Law Tr. Bacon'~s Law Tracts
Bac. Leas. Bacon (M.) on Leases and Term~ of Years.
Bac. Lib Reg. Bacon's ~John) Liber Regis, vel Thesaurus Rerum
Eccleslasticarum.
Bac. Use~s Bacon'~s Reading on the Statute of Uses. This is
printed in his Law Tract~s.
Bach. ~an. Bache'~s Manual of a Pennsylvania Justice of the Peace
Bail. R. Bailey's Report~.
Bain. on ~~~M.&M. Bainbridge on Mines and Mineral~s.
Baldwin. R. Baldwin's Circuit Court Reports.
Ball & Beat. Ball and Beatty'~s Report~s.
Ballan. Lim. Ballantine on Limitations.
Banc. Sup. Upper Bench.
Barb. ~Eq. Dig. Barbour~s Equity Dige~st.
Barb. Cr. Pl. B~arbour's Criminal Pleading~.
Bar~b. Pract. in Ch. Barbour's Treatise on the Practice of the
Court of Chancery.
Barb. R. Barbour's Chancery Report~s.
~Barb. Grot. Grotius on War and Peace, with notes by Barbeyrac.
Barb. Puff. Puffendorf'~s Law of Nature and Nations, with notes
by M. Barbeyrac.
Barb. on Set off. Barbour on the Law of Set off, with an appendix
of Precedents.
Barn. C. Barnardiston's~ Chancery Reports.
Barn. Barnardi~ston's K. B. Reports.
Barn. ~& Ald. Barnewall & Alder~on'~s Re~ports.
~Barn. ~& ~Adolph. Barnewall & Adolphu~'s Reports.
Barn. ~& Cre~ss. Barnewull & Cresswell'~s Reports.
Barn. Sher. Barnes' Sheriff.
Barnu. Barne~' Notes of Practice.
Barr. Ob~s. Stat. Barrington'~s Observations on the more ancient
statute~s.
Barr. Te~n. Barry's Tenure.
Bart. El. Conv. Barton's Element~ of Conveyancing.
~Bart. Prec. Conv. Barton's Precedent~ of Conveyancing. Bart. S.
Eq. Barton's Suit in Equity.
Batt~y'~s R. Batty's Reports of Cases determined in the ~K. B.
Ireland.
Bouvier's Law Dictionary : A1 : Page 17 of 118
Bay's R. Bay's Reprts.Bayl. Bills. Bayley on Bill~s.
Bayl. Ch. Pr. Bayley~'s Chamber Practice.
Beam. ~Ne E~xeat. Br~ief view of the writ of Ne Exeat Regno, as
a~ equi~ablc proc~ess, by J. Beam~s.
Beam.. Eq. Beames on Equity Pleading.
Beam. Ord. Chan. Beames' ~General Orders of the High Court of
Cbancery, from 1600 to 1815.
Beat. R. Beatty'~s Reports determined in the High Court of
Chancery In Ireland.
Beav. R. Beavan's Chancery Reports.
Beawes. Beawe~'s Lex Mercatoria.
Beck'~s Med. Jur. Bec~k's Medical Jurisprudence.
Bee's R. Bee's Reports.
Bell'~s Com. Bell's Commentaries on the Laws of Scotland, and on
the Principles of Mercantile~ Jurisprudence.
Bell. Del. U. L. Beller's Delineation of Universal Law.
Bell's Dict. Dictionary of the Law of Scotland By Robert Bell
Bell's ~Med. Jur Bell'~s Medical Jurisprudence.
Bell~. Bellewe'~s Ca~ses in the time of ~K. Richard II.
Bellewe'~s Cases in the time of Henry VIII, Edw VI., and Q.
Mary, collected out of Brooke's ~ Abridgment, and arranged under
years,~ with a table, are cited as Brooke's New Cases.
Bellingh. Tr. Bellingham's Trial.
Belt's Sup. Belt's Supplement. Supplement to the Reports in
Chancery of Francis Vesey, Senior, Esq, during the time of
Lord Ch J. Hardwicke.
Belt's Ves. sen. Belt's editon of Vesey senior's Reports.
Benl. Benloe & Dalison's Reports. See New Benl.
Ben. on Av. Benecke on Average.
Benn. Diss. Bennet's Short Dissertation on the nature and various
proceedings in the Master's Office, in the Court of Chancery.
Sometimes this book is called Benn. Pract.
Benn. Pract. See Benn. Diss.
Benth. Ev. Bentham's Treatise on Judicial Evidence.
~B~est on Prc~. Best's Treatise on Presumption of Law and Fact.
Bett's Adm. Pr. Bett's Admiralty Practice.
Bev. on Hom. Bevil on Homicide.
Bill. on Aw. Billing on the Law of Awards.
Bi~ng. Bingham Bin~. Inf; Bingham on Infancy. Bing on Judg.
Bingham on Judgments
and E~ecutions. Bing L.&~ T. Bingham on the Law of Landlord and
Tenant Bing.
R. Bing Bingham's Reports. Bin~. ~N. C. Bingham'~s New C~ases.
Binn. Reports Of Cases adjudged in the Supreme Court. of
Pennsyl~vania By
Horace Binney
Bird on Conv. Bird on Conveyancing Bird L.~& T. Bird o~n the Laws
respecting
Bouvier's Law Dictionary : A1 : Page 18 of 118
Landlords, Tenants and Lod~gers. Bird's Sol. Pr Bird's Solution
of Precedents
of Settlement~.
Biret, De l'Abs. Traite de l'Absence et de ses effects, par M.
Biret
Bi~s. on E~st. or Buss. on Life E~st. Bi~ssett on the Law of
Estates for Life.
Biss. on Par~n. Bissett on Partnership.
Bl. Blounts Law Dictionary and ~Glossary
Bl. Comm. or Comm. Commentaries on the Laws of England by Sir
Wllliam
Black~stone.
Bl. Rep. Sir William Blac~kstone's Reports.
Bl. ~H. Henry Blackstone's Report~, sometime cited ~H. Bl.
Bla~ck. L. T. Blackstone's Law Tracts
Blackb on Sales. Blac~kburn on the Eff~ect of the Contract of
Sale~s.
Blac~b. on Sales. Blac~burn on the Law of Sales.
Blackf. R. Blackford'~s Reports.
Blak. Ch. Pr. Bla~ke's Practice of the Court of Chancery of ~the
State of ~New'
Yor~k.
Blan. on Ann. Blaney on Life Annuities
Bland's Ch. R. Bland'~s Chancery Reports.
Blansh. Lim. Blan~shard on Limitations.
Bligh. R. Bligh's Reports of Cases decided in the House of Lords.
Blount. Blount's ~ Law Dictionary and Glo~ssary.
Bo. R. Act. Booth on Real Actions.
Boh. Dec. Bohun'~s Declaration~. Boh. En~g. L. Bohun'~s English
Lawyer. Boh. Priv.
Ion. Bohun'~s Privilegia Londini.
Boote. Boote's Ch. Pr. Boote'~s Chanccry Practice. Boote's S. L.
~Boote's Suit
at Law.
Booth's R. A. Booth on Real Action.
Borth. L. L. Borthwic~k on the La~w of Libel~.
Bos. & ~ Pull. Bosanquet and Puller'~s Reports. Vide B.~& P.
Bosc. on Con~. Bo~cowen on Convictions.
Bott. Bott'~s Poor Law~.
Bouch In~st. Dr. ~Mar. Boucher, Institution au Droit Maritime.
Boulay Paty~ Dr. Com. Cours de Droit Commercial Maritime, par P.
S Boulay Paty.
Bousq. Dict. de Dr. Bousquet, Dictionnaire de Droit.
Bouv. L. D. Bouvier'~s Law Dictionary.
Bouv. Inst. Institutione~s Theologicae Auctore J. Bouvier.
Bouv. In~st. ~Am. Law. Bouvier'~s Institutes of American Law.
Bo~wl. on Lib. Bowles on Libels.
Br. or Brownl. Brownlow'~s Reports.
Br. or Br. Ab. Brooke'~s ~Abridgment.
Bra. Brady~'s Hiatory of the Succession of the Crown of England,
~&c.
Brac. Bracton's Treatise on the Law~ and C~ustoms of England.
Bra. Princ. Branche'~s Principia Legi~s et A~equitati~s.
Brack. L. ~Misc. Brackenridge'~s Law Miscellany.
bradb. Bradby on Distresses.
Bradl. P. B. Bradley's Point Book.
Bran. Prin. or Bran. Max. Branch's Principia Legis Aequitatis,
being an alphabetical collection of maxims, &c.
Bouvier's Law Dictionary : A1 : Page 19 of 118
Brayt. R. Brayton's Report~.
Breese'~s R. B~reese'~s Report~
Brev. Sel. Brevia Selecta, or Choice Writ~s.
Brid. Bridgman's Reports Reports from 12 to 19 K Jame~s. By Sir
John Bridgman.
Brid. Dig. Ind. Bridgman's Dige~sted Inde~x.
Brid. Leg. Bib. Bridgman'~s Legal Bibliography.
Brid. Conv. Bridgman~'s Precedents of Conveyancing.
Brid. Refl. Bridgman'~s Reflections on the Study of the Law.
Brid. Sy~nth. Bridgeman's Synthesis.
Brid. Thes. Jur. Bridgman'~s The~saurus Juridic~.
Bridg. O. Orlando Bridgmen's Reports.
Bridg. The. Jru. Bridgman's Thesaurus Juridicus.
Britton. Treatise onthe Ancient Pleas of the Crown
Bro. or Brownl. Brownlow's Reports. Also, Reports by Richard
Brownlow and John
Goldeshorough. Cited 1 Bro. 2 Bro.
Bro. Ab. Brooke's Abridgement.
Bro. A. & C. L. Brown's Admiralty and Civil Law.
Bro. C. C. Brown's Chancery Cases.
Bro. Off. Not. A Treatise on the Office and Practice of a Notary
in England,
as connected with Mercantile Instruments, &c. By Richard Brooke.
Bro. P. C. Brown's Parliamentary Cases.
Bro. Read. Brooke's Reading on the Statute of Limitations.
Bro. on Sales. Brown on Sales
Bro. V.M. Brown's Vade Mecum.
Brock. R. Brockenbrough's Reports of Chief Justice Marshall's
Decisions.
Brod. & Bing. Broderip & Bingham's Reports.
Broom on Part. Broom on Parties to Actions.
Brownl. Rediv. or Brownl. Ent. Brownlow Redivivus.
Bruce M. L. Bruce's Military Law.
Buck's Ca. Buck's Cases. Cases in Bankruptcy in 1817, 1818, by
J.W. Buck.
Bull. Bull. N.P. Buller's Nisi Prius.
Bulst. Bulstrode's Reports.
Bunb. Bunbury's Reports.
Burge Col. Law. Burge's Colonial Law.
Burge Confl. of Law. Burge on the Conflict of Laws.
Burge on Sur. Burge's Commentaries on the Law of Suretyship. &c.
Burge For. Law. Burge on Foreign Law.
Burlam. Burlamaqui's Natural and Political Law.
Burn's L.D. Burn's Law Dictionary.
Burn's Just. Burn's Justice of the Peace.
Burn's Eccl. Law or Burn's E.L. Burn's Ecclesiastical Law.
Burn. C.L. Burnett's Treatise on the Criminal Law of Scotland.
Burn. Com. Burnett's Commentaries on the Criminal Law of
Scotland.
Burr. Burrow's Reports.
Burr. Sett. Cas. Burrow's Settlement Cases.
Burr's Tr. Burr's Trial.
Burt. Man. Burton's Manual of the Law of Scotland. The work is in
two parts,
one relating to "public law," and the other to the law of
Bouvier's Law Dictionary : A1 : Page 20 of 118
"private rights and obligations." The former is cited Burt.
Man. P.L.; the
latter, Burt.
Man. Pr.
Burt. on Real Prop. Burton on Real Property.
Butl. Hor. Jur. Butler's Horae Juridicae Subsecivae.
C. Codes, the Code of Justinian. C. Code. C. Chancellor.
C.& A. Cooke and Alcock's Reports.
C.B. Communi Banco, or Common Bench.
C.C. Circuit Court.
C.C. Cepi Corpus.
C.C.& B.B. Cepi Corpus and Bail Bond.
C.C. or Ch. Cas. Cases in Chancery in three parts.
C.C.C. or Cr. Cir. Com. Crown Circuit Companion.
C.C.& C. Cepi corpus et committitur. See Capias ad
satisfaciendum, in the
body of the work.
C.C.E. or Cain. Cas. Caines' Cases in Error.
C.D. or Com. Dig. Comyn's Digest.
C.& D. C. C. Crawford and Dix's Criminal Cases.
C.& D. Ab. C. Crawford and Dix's Abridged Cases.
C.& F. Clark & Findley's Reports.
C.& F. Clarke & Finelly's Reports.
C. J. Chief Justice.
C.& J. Crompton & Jervis' Exchequer Reports.
C.J.C.P. Chief Justice of the Common Pleas.
C.J.K.B. Chief Justice of the King's Bench.
C.J.Q.B. Chief Justice of the Queen's Bench.
C.J.U.B. Chief Justice of the Upper Bench. During the time of
the common-
wealth, the English Court of the King's Bench was called the
Upper Bench.
C.& K. Carrington & Kirwan's Reports.
C.& M. Crompton & Meeson's Reports.
C.& M. Carrington & Marshman's Reports.
C.M.& R. Crompton, Meeson & Roscoe's Exchequer Reports.
C.N.P.C. Campbell's Nisi Prius Cases.
C. P. Common Pleas.
C.P. Coop. C.P. Cooper's Reports.
C.& P. or Car.& Payn. Carrington & Payne's Reports.
C.& P. Craig & Phillips' Reports.
C.R. or Ch. Rep. Chancery Reports.
C.& R. Cockburn & Rowe's Reports.
C.W. Dudl. Eq. C.W. Dudley's Equity Reports.
C. Theod. Codice Theodosiano, in the Theodosian code.
Ca. Case or placitum.
Ca. T.K. Select Cases tempore King.
Ca. T. Talb. Cases tempore Talbot.
Ca. res. Capias ad respondendum.
Ca. sa., in practice, is the abbreviation of capias ad
satisfaciendum.
Caines' R. Caines' Term Reports.
Caines' Cas. Caines' Cases, in error.
Caines' Pr. Caines' Practice.
Cald. R. Caldecott's Reports.
Cald. S.C. Caldecott's Settlement Cases; sometimes cited Cald.
R.
Bouvier's Law Dictionary : A1 : Page 21 of 118
Caldw. Arbit. Caldwell on Arbitration.Call. on Sew. Callis on the
Law relating to Sewers.
Call's R. Call's REports.
Calth. R. Calthorp's Reports of Special Cases touching several
customs and
liberties of the City of London.
Calv. on Part. Calvert on Parties to Suits in Equity.
Cam.& Norw. Cameron & Norwood's Reports.
Campb. Campbell's Reports.
Can. Canon.
Cap. Capitulo, chapter.
Car. Carolus: as 13 Car. 2, st. 2, c.1.
Carr. Cr. L. Carrington's Criminal Law.
Carr.& Kirw. Carrington & Kriwan's Reports. See C.& K.
Carr.& Marsh. Carrington & Marshman's Reports.
Carr.& Oliv. R. and C.C. Carrow & Oliver's Railway and Canal
Cases.
Cart. Carter's Reports. Reports in C.P. in 16, 17, 18, and 19,
Charles II.
Cara de For. Carta de Foresta.
Carth. Carthew's Reports.
Cary. Cary's Reports.
Cary on Partn. Cary on the Law of Partnership.
Cas. of App. Cases of Appeals to the House of Lords.
Cas. L. Eq. Cases and Opinions in Law, Equity, and Conveyancing.
Cas. of Pr. Cases of Practice in the Court of the King's Bench,
from the reign of Eliz. to the 14 Geo. 3.
Cas. of Sett. Cases of Settlement.
Cas. Temp. Hardw. Cases during the time of Lord Hardwicke.
Cas. Temp. Talb. Cases during the time of Lord Talbot.
Ch. Chancellor.
Ch. CAs. Cases in Chancery.
Ch. Pr. Precedents in Chancery.
Ch. R. REports in Chancery.
Ch. Rep. Vide Ch. Cases.
Chamb. on Jur. of Chan. Chambers on the Jurisdiction of the High
Court of Chancery, over the Persons and Property of Infants.
Chamb. L.& T. Chambers on the Law of Landlord and Tenant.
Char. Merc. Charta mercatoria. See Bac. Ab. Smuggling, C.
Charlt. Charlton. T.U.P. Charl. T.U.P. Charlton's Reports. R.M.
Charlton's Reports.
Chase's Tr. Chase's Trial.
Cher. Cas. Cherokee Case.
Chev. C.C. Cheves' Chancery Cases.
Chipm. R. Chipman's Reports. D. Chipm. D. Chipman's Reports.
Chipm. Contr. Essay on the Law of Contracts for the payment of
Specific Articles. By Daniel Chipman.
Ch. Contr. A Practical Treatise on the Law of Contracts. By
Joseph Chitty, Jr.
Chitty. on App. Chitty's Practical Treatise on the Law relating
to Apprentices and Journeymen.
Chit. on Bills. Chitty on Bills.
Bouvier's Law Dictionary : A1 : Page 22 of 118
Chit. Jr. on Bills. Chitty, junior, on Bills.Chit. Com. L. Chitty's
Treatise on Commerical Law.
Chit. Cr. L. Chitty's Criminal Law.
Chit. on Des. Chitty on the Law of Descents.
Chit. F. Chitt's Forms and Practical Proceedings.
Chit. Med. Jur. Chitty on Medical Jurisprudence.
Chit. Chitty's Reports.
Chit. Pl. A Practical Treatise on Pleading, by Joseph Chitty.
Chit. Pr. Chitty's General Practice.
Chit. Prerog. Chitty on the Law of the Prerogatives of the Crown.
Chris. B.L. Christian's Bankrupt Laws.
Christ. Med. Jur. Christison's Treatise on Poisons, relating to
Medical Jurisprudence, Physiology, and the Practice of Physic.
Civ. Civil.
Civ. Code Lo. Civil Code of Louisiana.
Cl. The Clementines.
Cl. Ass. Clerk's Assistant.
Clan. H.& W. Clancy on the Rights, Duties, and Liabilities of
Hushand and Wife.
Clark on Leas. Clark's Enquiry into the Nature of Leases.
Clarke, R. Clarke's Reports.
Clark & Fin. Clark & Finelly's Reports.
Clark. Adm. Pr. Clarke's Practice inthe Admiralty.
Clark. Prax. Clarke's Praxis, being the manner of proceeding in
the Ecclesiastical Courts.
Clay. Clayton's Reports.
Cleir. Us et Const. Cleirac, Us et Coustumes ae la Mer.
Clerke's Rud. Clerke's Rudiments of American Law and Practice.
Clift. Clift's Entries.
Co. A particle used before other words to imply that the person
spoken of possesses the same character as other persons whose
character is mentioned, as co-executor, and executor with other;
co-heir, an heir with others; co-partner, a partner with others,
etc. - Co. is also an abbreviation for "company" as John
Smith & Co. When so abbreviated is also represents "county."
Co. Coke's Reports.
Co. or Co. Rep. Coke's Reports.
Co. Ent. Coke's Entries.
Co. B. L. Cooke's Bankrupt Law.
Co. on Courts. Coke on Courts; 4th Institute. See Inst.
Co. Litt. Coke on Littleton. See Inst.
Co. M. C. Coke's Magna Charta; 2d Institute. See. Inst.
Co. P. C. Coke's Pleas of the Crown. See Inst.
Cock & Rowe. Cockburn & Rowe's Reports.
Code Civ. Code Civil, or Civil Code of France. This work is
usually cited by
the article.
Code Nap. Code Napoleaon. The same as Code Civil.
Code Com. Code de Commerce.
Code Pen. Code Penal.
Bouvier's Law Dictionary : A1 : Page 23 of 118
Code Pro. Code de Procedure.Col. Column, in the first or second
column of the book quoted.
Col.& Cai. CAs. Coleman & Caines' Cases.
Cole on Inf. Cole on Criminal Informations, and Informations in
the Nature of
Quo Warranto.
Coll. on Pat. Collier on the Law of Patents.
Coll. on Idiots. Collinson on the Law concerning Idiots, &c.
Coll. Rep. Colle's Reports.
Coll. Collation.
Colly. Rep. Collyer's Reports.
Com. Communes, or Extravagantes Communes.
Com. or Com. Rep. Comyn's Reports.
Com. Contr. Comyn on Contract.
Com. on Us. Comyn on Usury.
Com. Dig. Comyn's Digest.
Com. L.& T. Comyn on the Law of Landlord and Tenant.
Com. Law. Commerical Law.
Com. Law. Rep. Common Law Reports, edited by Sergeant and Lowher.
Comb. Comberbach's Reports.
Comm. Blackstone's Commentaries.
Con. & Law. Connor & Lawson's Reports.
Cond. Condensed.
Cond. Ch. R. Condensed Chancery Reports.
Cond. Ex. R. Condensed Exchequer Reports.
Conf. Chart. Confirmatio Chartorum.
Cong. Congress.
Conkl. Pr. Conkling's Practice of the Courts of the United
States.
Conn. R. Connecticut Reports.
Conr. Cust. R. Contoy's Custodiam Reports.
Cons. del Mar. Consolato del Mare.
Cons. Ct. R. Constitutional Court REports.
Cont. Contra.
Cooke on Defam. Cooke on Defamation.
Coop. Eq. R. Cooper's Equity Reports.
Coop. Cas. Cases in the High Court of Chancery. By George Cooper.
Coop. on Lib. Cooper on the Law of Libels.
Coop. Eq. Pl. Cooper's Equity Pleading.
Coop. Just. Cooper's Justinian's Institutes.
Coop. Med. Jur. Cooper's Medical Jurisprudence.
Coop. t. Brough. Cooper's Cases in the time of Brougham.
Coop. P.P. Cooper's Points of Practice.
Cote. Mrtg. Coote on Mortgages.
Corb. & Dan. Corbet & Daniel's Election Cases.
Corn. on Uses. Cornish on Uses.
Corn. on REm. Cornish on REmainders.
Corp. Jur. Civ. Corpus Juris Civilus.
Corp. Jur. Can. Corpus Juris Canonicus.
Corvin. Corvinus. See Bac. Ab. Mortgage A, where this author is
cited.
Cot. Abr. Cotton's Abridgement of Records.
Cov. on Conv. Evi. Coventry on Conveyancers' Evidence.
Cow. Int. Cowel's Law Dictionary, or the Interpreter of words and
terms, used either in the common or statute laws of Great Britain.
Cowp. Cowper's Reports.
Bouvier's Law Dictionary : A1 : Page 24 of 118
Cow. R. Cowen's Reports, N.Y.Cox's Cas. Cox's Cases.
Coxe's R. Coxe's Reports.
Crabb's C.L. Crabb's Common Law. A History of English Law. By
George Crabb.
Crabb, R. P. Crabb on the Law of REal Property.
Craig & Phil. Craig & Phillip's Reports.
Cranch, R. Cranch's Reports.
Cressw. R. Cresswell's Reports of Cases decided in the Court for
the RElief of
Insolvent Debtors.
Crim. Con. Criminal Conversation: adultery.
Cro. Croke's Reports.
Cro. Eliz. Croke's Reports, during the time of Queen Elizabeth,
also cited as 1 Cro.
Cro. jac. Croke's Reports during the time of King James I., also
cited as 2 Cro.
Cro. Car. Croke's Reports, during the time of Charles I., also
cited as 3 Cro.
Crompt. Ex. Rep. Crompton's Exchequer Reports.
Crompt. J.C. Crompton's Jurisdiction of Courts.
Crompt. & Mees. Crompton & Meeson's Exchequer Reports.
Crompt. Mees. & Rosc. Crompton, Meeson, and Roscoe's Exchequer
Reports.
Cross on Liens. Cross' Treatise on the Law of Liens and Stoppage
in Transitu.
Cru. Dig. or Cruise's Dig. Cruise's Digest of the Law of Real
Property.
Cul. Culpablilis, guilty; non cul. not guilty; a plea entered
in actions of trespass.
Cul. prit., commonly written culprit; cul., as above mentioned,
means
culpabilis, or culpable; and prit, which is a corruption of
pret, signifies ready. 1 Chitty Cr. Law. 416.
Cull. Bankr. L. Cullen's Principles ofhte Bankrupt Law.
Cun. Cunningham's Reports.
Cunn. Dict. Cunningham's Dictionary.
Cur. adv. vult. Curia advisare vult. Vide Ampliation.
Cur. Scacc. Cursus Scaccarii, the Court of the Star Chamber.
Cur. Phil. Curia Philipica.
Curs. Can. Cursus Cancellariae.
Curt. R. Curteis' Ecclesiastical Reports.
Curt. Am. Sea. Curtis on American Seamen.
Curt. on Copyr. Curtis on Copyrights.
Cush. Trust. Pr. Cushing on Trustee Process, or Foreign
Attachment, of the Laws of Massachusetts and Maine.
Cust. de Norm. Custome de Normandie.
D. dialogue; as, Dr. and Stud. D. 2, c. 24, or Doctor and
Student, dialogue 2, chapter 24.
D. dictum; D. Digest of Justinian.
D. The Digest or Pandects of the Civil Law, is sometimes cited
thus, D.6.1.5.
Bouvier's Law Dictionary : A1 : Page 25 of 118
D. C. District Court; District of Columbia.D. C. L. Doctor of the
Civil Law.
D. Chipm. R. D. Chipman's Reports.
D. S. B. Debit sans breve.
D. S. Deputy Sheriff.
D.& C. Dow and Clark's Reports.
D.& C. Deacon & Chitty's Reports.
D.& E. Durnford & East's Reports. This book is also cited as Term
Reports, abbreviated as T.R.
D.& L. Danson & Lloyd's Mercantile Cases.
D.& M. Davidson's & Merivale's Reports.
D.& R. Dowling and Ryland's Reports.
D.& R. N. P. C. Dowling and Ryland's Reports of Cases decided at
Nisis Prius.
D.& S. Doctor and Student.
D.& W. Drury & Walsh's Reports.
D;Aguesseau, Oeuvres. Oeuvres completes du Chancellier
D'Aguesseau.
Dat. Cr. L. Dagge's Criminal Law.
Dal. Dalison's Reports. See Benl.
Dall. Dallas' Reports.
Dall. Dallas' Laws of Pennsylvania.
Dalloz, Dict. Dictionaire General et raisonne de legilation, de
Doctrine, et
de Jurisprudence, en matiere civile, commerciale, criminelle,
administrative, et de Droit Public. Par Armand Dalloz, jeune.
Dalr. Feud. Pr. Dalrymple's Essay, or History of Feudal Property
in Great Britain. Sometimes cited Dalr. F.L.
Dalr. on Ent. Dalrymple on the Polity of Entails.
Dalr. F. L. Dalrymple's Feudal law.
Dalt. Just. Dalton's Justice.
Dalt. Sh. Dalton's Sheriff.
D'Anv. D'Anvers' Abridgement.
Dan. Ch. Pr. Caniell's Chancery Practice.
Dan. Ord. Danish Ordinances.
Dan. Rep. Daniell's Reports.
Dan.& Ll. Danson & Lloyd's Reports.
Dana's R. Dana's Reports.
Dane's Ab. Dane's Abridgment of American Law.
Dav. Davies' Reports.
Dav. on Pat. Davies' Collection of Cases respecting patents.
Daw. Land. Pr. Dawe's Epitome of the Law of Landed Property.
Daw. Real Pr. Dawe's Introduction to the Knowledge of the Law on
Real Estates.
Daw. on Arr. Dawe's Commentaries on the Law of Arrest in Civil
Cases.
Daws. Or. Leg. Dawson's Origo Legum.
Deac. R. Deacon's Reports. Deac.& Chit. Deacon & Chitty's
Reports.
Deb. on Jud. Debates on the Judiciary.
Dec. temp. H.& M. Decisions in Admiralty duringthe time of Hay &
Marriott.
Deft. Defendant.
De Gex & SM. R. De Gex & Smale's Reports.
Den. Cr. Cas. Denison's Crown Cases.
Bouvier's Law Dictionary : A1 : Page 26 of 118
Den. Rep. Denio's New York Reports.Desaus. R. Desaussure's Chancery
Reports.
Dev. R. Devereux's Reports.
Dev. Ch. R. Devereux's Chancery Reports.
Dev.& Bat. Devereux & Battle's Reports.
Di. or Dy. Dyer's Reports.
Dial. de Scac. Dialogus de Scaccario.
Dick. Just. Dickinson's Justice.
Dick. Pr. Dickinson's Practice of the Quarter of and other
Sessions.
Dick. Dicken's Reports.
Dict. Dictionary.
Dict. Dr. Can. Dictionnaire de Driot Canonique.
Dict. de' Jur. Dictionnaire de Jurisprudence.
Dig. Digest of writs. Dig. The Pandects or Digest of the Civil
Law, cited as
Dig. 1,2,5,6, for Digest, book 1, 2, law 5, sections 6.
Disn. on Gam. Disney's Law of Gaming.
Doct. & Stud. Doctor and Student.
Doct. Pl. Doctrina Placitandi.
Doder. Eng. Law. Doderidge's English Lawyer.
Dods. R. Dodson's Reports.
Dom. Domat, Lois Civilles.
Dom. Proc. Domo Procerum. In the House of Lords.
Domat. Lois Civilles dans leur ordre naturel. Par M. Domat.
Dougl. Douglas' Reports.
Doug. El. Cas. Dougls' Election Cases.
Dougl. (Mich.) R. Dougls' Michigan Reports.
Dow. or Dow. P.C. Dow's Parliamentary Cases.
Dow & Clarke, Dow and Clarke's Reports of Cases in the House of
Lords.
Dowl. P. C. Dowling's Practical Cases.
Dow.& R. N. P. Dowling and Ryan's Nisi Prius Cases.
Dow.& Ry. M.C. Dowling & Ryan's Cases for Magistrates.
Dow.& Ry. Dowling and Ryland's Reports.
Dr.& St. Doctor and Student.
Drew. on Inj. Drewry on Injunctions.
Dru.& Wal. Drury and Walsh's Reports.
Dru.& War. Drury & Warren's Reports.
Dub. Dubitatur.
Dudl. R. Dudley's Law and Equity Reports.
Dug. S. or Dugd. Sum. Dugdale's Summons.
Dugd. Orig. Dugdale's Origines.
Dug. Sum. Dugdale's Summonses
Duke. or Duke's Ch. Uses. Duke's Law of Charitable Uses.
Dunl. Pr. Dunlap's Practice.
Dunl. Admr. Pr. Dunlap's Admiralty Practice.
Duponc. on Jur. Duponceau on Jurisdictions.
Duponc. Const. Duponceau on the Constitution.
Dur. Dr. FR. Duranton, Droit Francais.
Durnf.& East. Durnford & East's Reports, also cited D.& E. or
T.R.
Duv. Dr. Civ. Fr. Duvergier, Droit Civil Francais. This is a
continuation of Touiller's Droit Civil Francais. Teh first volume
of Duvergier is the sixteenth volume of the continuation. The
work is sometimes cited 16 Toull. or 16 Toullier, instead of
being cited 1 Duv. or 1 Duvergier, etc.
Bouvier's Law Dictionary : A1 : Page 27 of 118
Dwar. on Stat. Dwarris on Statutes.Dy. Dyer's Reports.
E. Easter Term.
E. Edward; as 9 E. 3, c. 9.
E. of Cov. Earl of Coventry's Case.
E.C.L.R. English Common Law Reports, sometimes cited Eng. Com.
Law REp. (q.v.)
E.g., usually written e.g., exempli gratia; for the sake of an
instance or example.
E.P.C. or East, P.C. East's Pleas of the Crown.
East, P.C. East's Pleas of the Crown.
Eccl. Ecclesiastical.
Eccl. Law. Ecclesiastical Law.
Eccl. Rep. Ecclesiastical Reports. Vide Eng. Eccl. Rep.
Ed. or Edit. Edition.
Ed. Edward; as, 3 Ed. 1, c. 9.
Ed. Inj. Eden on Injunction.
Ed. Eq. Reps. Eden's Equity Reports.
Ed. Prin. Pen. Law. Eden's Principles of Penal Law.
Edm. Exch. Pr. Edmund's Exchequer Practice.
Edw. Ad. Rep. Edward's Admiralty Reports.
Edw. Lead. Dec. Edward's Leading Decisions.
Edw. on Part. Edward's on Parties to Bills in Chancery.
Edw. on Rec. Edwards on Receivers in Chancery.
Eliz. Elizabeth; as, 13 Eliz. c. 15.
Ellis on D. and Cr. Ellis on the Law relating to Debtor and
Creditor.
Elm on Dil. Elmes on Ecclesiastical and Civil Dilapidations.
Elsyn on Parl. Elsynge on Parliaments.
Encycl. Encycloaedia, or Encyclopedie.
Eng. English.
Eng. Ch. R. English Chancery Reports. Vide Cond. Ch. R. (See App.
A.)
Eng. Com. Law Rep. English Common Law Reports.
Eng. Ecc. R. English Ecclisiastical Reports.
Eng. Plead. English Pleader.
Engl. Rep. English's Arkansas Reports.
Eod. Eodem, under the same title.
Eod. tit. In the same title.
Eq. Ca. Ab. Equity Cases Abridged.
Eq. Draft. Equity Draftsman.
Ersk. Inst. Erskin'e Institute of the Law of Scotland.
Ersk. Prin. of Laws of Scotl. Erskine's Principles of the Laws of
Scotland.
Esp. N.P. Espinasse's Nisi Prius.
Esp. N. P. R. Espinasse's Nisi Prius Reports.
Esp. on Ev. Espinasse on Evidence.
Esp. on Pen. Ev. Espinasse on Penal Evidence.
Esq. Esquire.
Et. al. Et alii, and others.
Eunom. Eunomus.
Ev. Col. Stat. Evan's Collection of Statutes.
Ev. on Pl. Evans on Pleading.
Ev. Tr. Evans' Trial.
Ex. or Exor. Executor.
Execx. Executrix.
Bouvier's Law Dictionary : A1 : Page 28 of 118
Exch. Rep. Exchequer Reports. Vide Cond. Exch. REp.Exec. Execution.
Exp. Expired.
Exton's Mar. Divaeo. Exton's Maritime Dicaeologie.
Extrav. Extravagants.
F. Finalis, the last or latter part.
F. Fitzherbert's Abridgment.
F.& F. Falconer & Fitzherbert's Reports.
F. R. Forum Romanum.
F.& S. Fox & Smith's Reports.
F. N. B. Fitzherbert's Natura Brevium.
Fairf. R. Fairfield's Reports.
Fac. Coll. Faculty Collection; the name of a set of Scotch
Reports.
Falc. & Fitzh. Falconer & Fitzherbert's Election Cases.
Far. Farresly, (7 Mod. REp.) is sometimes so cited.
Farr's Med. Jur. Farr's Elements of Medical Jurisprudence.
Fearn. on Rem. Fearne on Remainders.
Fell. on Mer. Guar. Fell on Mercantile Guaranties.
Ferg. on M.& D. Ferfusson on Marriage and Divorce.
Ferg. R. Fergusson's Reports of the Consistorial Court of
Scotland.
Ff. or ff. Pandects of Justinian: a careless way of writing the
Greek p.
Ferr. Hist. Civ. L. Ferriere's History of the Civil Law.
Ferr. Mod. Ferriere Moderne, on Nouveau Dictionnaire des Termes
de Droit et de Pratique.
Fess. on Pat. Fessenden on Patents.
Fi. fa. Fieri Facias.
Field's Com. Law. Field on the Common Law of England.
Dielf. on Penl Laws. Fielding on Penal Laws.
Finch. Finch's Law; or a Discourse thereof, in five books.
Finch's Pr. Finch's Precedents in Chancery.
Finl. L. C. Finlayson's Leading Cases on Pleading.
Fish. Capyh. Fisher on Copyholds.
]Fitz. C. Fitzgibbon's Cases.
Fitzh. Fitzherbert's Abridgment
Fitzh. Nat. Bre. Fitzherbert's Natura Brevium.
Fl. or Fleta. A Commentary on the English Law, written by an
anonymous author, in the time of Edward I., while a prisoner in
the Fleet.
Fletch. on Trusts. Fletcher on the Estates of Trustees.
Floy. Proct. Pr. Floyer's Proctor's Practice.
Fol. Foley's Poor Laws.
Fol. Folio.
Fonb. Fonblanque on Equity.
Fonb. Med. Jur. Fonblanque on Medical Jurisprudence.
Forr. Forrester's Cases during the time of Lord Talbot, commonly
cited Cas. Temp. Talb.
For. Pla. Brown's Formulae Placitandi.
Forb. on Bills. Forbes on Bills of Exchange.
Forb. Inst. Forbes' Institutes of the Law of Scotland.
Forr. Exch. Rep. Forrest's Exchequer Reports.
Fors. on Comp. Forsyth on the Law relating to Composition with
Creditors.
Fortesc. Fortescue, De Laudibus Legum Angliae.
Bouvier's Law Dictionary : A1 : Page 29 of 118
Fortesc. R. Fortescue's Reports, temp. Wm. and Anne.Fost. or Fost.
C.L. Foster's Crown Law.
Fox.& Sm. Fox & Smith's Reports.
Fr. Fragmentum.
Fra. or Fra. Max. Francis' Maxims.
Fr. Ord. French Ordinance. Sometimes cited Ord. de la Mar.
Fras. Elect. Cas. Fraser's Election Cases.
Fred. Co. Frederician Code.
Freem. Freeman's Reports.
Freem. C. C. Freeman's Cases in Chancery.
Freem. (Mis.) R. Freeman's Reports of Cases decided by the
Superior Court of Chancery of Mississippi.
G. George; as, 13 G. 1, c. 29.
G. & J. Glyn & Jameson's Reports.
G. & J. Gill & Johnson's Reports.
G. M. Dudl. Repo. G. M. Dudley's Reports.
Gale & Dav. Gale & Davidson's Reports.
Gale's Stat. Gale's Statutes of Illinois.
Gall. or Gall. Rep. Gallison's Reports.
Garde on Ev. Garde's Practical Treatise onthe General Principles
and Elementary Rules of the Law of Evidence.
Geo. George; as, 13 Geo. 1, c. 29.
Geo. Dec. Georgia Decisions.
Geo. Lib. George on the Offence of Libel.
Gib. on D.& N. Gibbons on the Law of Dilapidations and Nuisances.
Gibs. Codex. Gibson's Codex Juris Civilis.
Gilb. R. Gilbert's Reports.
Gilb. Ev. Gilbert's Evidence.
Gilb. U. & T. Gilbert on Uses and Trusts.
Gilb. Ten. Gilbert on Tenures.
Gilb. on Rents. Gilbert on Rents.
Gilb. on Rep. Gilbert on Replevin.
Gilb. Ex. Gilbert on Executions.
Gilb. Exch. Gilbert's Exchequer.
Gilb. For. Rom. Gilbert's Forum Romanum.
Gilb. K. B. Gilbert's King's Bench.
Gilb. Rem. Gilbert on REmainders.
Gilb. on Dev. Gilbert on Devises.
Gilb. Lex. praet. Gilbert's Lex Praetoria.
Gill & John. Gill & Johnson's Reports.
Gill's R. Gill's Reports.
Gilm. R. Gilmer's Reports.
Gilp. R. Gilpin's Circuit Court Reports.
Gl. Glossa, the Gloss.
Glanv. Glanville's Treatise of the Laws and Customs of England.
Glassff. Ev. Glassford on Evidence.
Glov. Mun. Corp. Glover on Municipal Corporations, or Glov. on
Corp. Glover on the Law of Municipal Corporations.
Glyn. & Jam. Glyn & Jameson's Reports of Cases in Bankruptcy.
Godb. Godbolt's Reports.
Godolph. Ad. Jr. Godolphin's View of the Admiralty Jurisdiction.
Godolph. Rep. Can. Godolphin's Repertorium Canonicum.
Godolph. Godolphin's Orphan's Legacy.
Gods. on Pat. Godson'sTReatise ont he Law of Patents.
Bouvier's Law Dictionary : A1 : Page 30 of 118
Goldesh. Goldeshorought's Reports.Golds. Goldshorough's Reports.
Gord. on Dec. Gordon on the Law of Decedents in Pennsylvania.
Gould on Pl. Gould on the Principles of Pleading in Civil
Actions.
Gow on Part. Gow on Partnership.
Grah. Pr. Graham's Practice.
Grah. N.T. Graham on New Trials.
Grand. Cout. Grand Coutumier de Normandie, (q.v.)
Grady on Fixt. Grady on the law of Fixtures.
Grant on New. Tr. Grant on New Trials.
Grant's Ch. Pr. Grant's Chancery Practice.
Gratt. R. Grattan's Virginia Reports.
Green's B.L. Green's Bankrupt Laws.
Green's R. Green's Reports.
Greenl. on Ev. Greenleaf's Treatise on the Law of Evidence.
Greenl. Ov. Cas. Greenleaf's Overruled Cases.
Greenl. R. Greenleaf's Reports.
Greenw on Courts. Greenwood on Courts.
Gres. Eq. Ev. Gresley's Equity Evidence.
Grif. REg. Griffith's Law Register.
Grimk. on Ex. Grimke on the Duty of Executors and Administrators.
Grisw. Rep. Griswold's Reports.
Grot. Grotius de Jure Belli.
Gude's Pr. Gude's Practice on the Crown side of King's Bench, &c.
Gwill. Gwillim's Tithe Cases.
H. Henry; as, 18 H. 7, c. 15.
H. Hilary Term.
H.A. Hoc Anno
H.v. commonly written in small letters h.v. hoc verbo.
H. of L. House of Lords.
H. of R. House of Representatives.
H.& B. Hudson & Brooke's Reports.
H.& G. Harris & Gill's Reports.
H.& J. Harris & Johnson's Reports.
H. Bl. Henry Blackston'es Reports.
H. H. C. L. Hale's History ofthe Common Law.
H.& M. Henning and munford's Reports.
H.& M'H. or Harr. & M'Hen. Harris & M'Henry's Reports.
Hab. fa. seis. Habere facias seisinam.
H. P. C. Hales' Pleas of the Crown.
H.t. usually put in small letters, h.t. hoc titulo.
Hab. Corp. Habeas Corpus.
Hab. fa. pos. Habere facias possessionem.
Hagg. Ad. R. Haggard's Admiralty Reports.
Hagg. Ecc. R. Haggard's Ecclesiastical Reports.
Hagg. C. R. Haggard's REports in the Consistory Court of London.
Hale, P.C. Hale's Pleas of the Crown.
Hale's Sum. Hale's Summary of Pleas.
Hale's Jur. J. L. Hale's Jursidiction of the House of Lords.
Hale's Hist. C.L. Hale's History of the Common Law.
Halif. Civ. Law. Halifax's Analysis ofthe Civil Law.
Hall's R. Hall's Reports of Cases decided in the Superior Court
of the city of New York.
Halk. dig. Halkerton's digest of the Law of Scotland relating ot
Marriage.
Bouvier's Law Dictionary : A1 : Page 31 of 118
Hall's Adm. Pr. Hall's Admiralty Practice.Halst. R. Halstead's
Reports.
Hamm. N. P. Hammond's Nisi Prius.
Ham. R. Hammond's (Ohio) Reports.
Hamm. on Part. Hammond on Parties to Actions.
Hamm. Pl. Hammond's Analysis of the Principles of Pleading.
Hamm. on F. II. Hammond on Fire Insurance.
Han. Hansard's Entries.
Hand's ch. Pr. Hand's Chancery Practice.
Hand on Fines. Hand on Fines and Recoveries.
hand's Cr. Pr. hand's Corwn Practice.
hand on Pat. hand on Patents. Hans. Parl. Bed. hansard's
Parliamentary Debates.
hard. Hardress' Reports.
Hardin's R. Hardin's Reports.
Hare R. Hare's Reports.
Hare & Wall. Sel. Dec. Hare & Wallace's Select Decisions of
American Cases, with Notes.
Hare on Disc. Hare on the Discovery of Evidence by Bill and
Answer in Equity.
Harg. Coll. Hargrave's Juridical Arguments and collection.
Harg. St. Tr. Hargrave's State Trials.
Harg. Exer. Hargrave's Exercitations.
Harg. Law Tr. Hargrave's Law Tracts.
Harp. L. R. Harper's Law Reports.
Harp. Eq. R. Harper's Equity Reports.
Harr. Ch. Harrison's Chancery Practice.
Harr. Cond. Lo. R. Harrison's condensed Report of Cases in
Superior Court of the Territory of Orleans, and in the
Supreme Court of Louisiana.
Harr. Dig. Harrison's Digest.
harr. Ent. Harris' Entries.
Harr. (Mich.) R. harrington's Reports of Cases in the Supreme
Court of Michigan.
Harr. & Gill. Harris & Gill's Reports.
harr. & John. Harris & Johnso's Reports.
Harr. & M'H. Harris & M'Henry's Reports.
Harringt. R. Harrington's Reports.
Hasl. Med. Jur. Haslam's Medical Jurisprudence.
Hawk. P.C. Hawkins' Pleas of the Crown.
Hawk's R. Hawk's Reports.
Hay on Est. An Elementary View of the Common Law of uses,
Devises, and Trusts,
with reference to the Creation and Conveyance of Estates, by
William Hayes.
Hay. on Lim. Hayes on Limitations.
Hay. Exch. R. Hayes' Exchequer Reports.
Hays on R. P. Hays on REal Property.
Heath's Max. Heath's Maxim's.
Hein. Elem. Juris. civ. Heineccii, Elementa juris Civilis,
secundum ordinem Institutionum.
Hein. Elem. Juris. Nat. Heineccii, Elementa juris Naturae et
gentium.
Hen on For. Law. Henry on Foreign Law.
Bouvier's Law Dictionary : A1 : Page 32 of 118
Hen. J. P. Henning's Virginia Justice of the Peace.hen. & Munf.
Henning & Munford's Reports.
Herne's Ch. Uses. Herne's law of Charitable Uses.
Herne's Plead. Herne's Pleader.
het. Hetley's Reports.
Heyw. on El. Heywood on Elections.
Heyw. *N.C.) R. Heywood's North Carolina Reports.
Heyw. (Tenn.) R. Heywood's Tennessee Reports.
High. Highmore.
High on Bail. Highmore on Bail.
High. on Lun. Highmore on Lunacy.
High. on Mortm. Highmore on ortmain.
Hill. Ab. Hilliard's Abridgment of the Law of Real Property.
Hill's R. Hill's Reports.
Hill's Ch. R. Hill's Chancery Reports.
Hill on Trust. A Practical Treatise on the Law relating to
Trustees, &c.
Hind's Pr. Hind's Practice.
Hob. Hobart's Reports.
Hodg. R. Hodge's Reports.
Hodges on Railw. Hodges on the Law of Railways.
Hoffm. Outl. Hoffman's Outlines of Legal Studies.
Hoffm. Leg. St. Hoffman's Legal Studies.
Hoffm. Ch. Pr. Hoffman's Chancery Practice.
Hoffm. Mas. Ch. Hoffman's master in Chancery.
Hoffm. R. Hoffman's Reports.
Hog. R. Hogan's Reports.
Hog. St. Tr. Hogan's State Trials.
Holt on Lib. Holt on the Law of Libels.
Holt on Nav. Holt on Navigation.
Holt. R. Holt's Reports.
Holt on Sh. Holt on the Law of Shipping.
Hopk. R. Hopkins' Chancery Reports.
Hopk. Adm. Dec. Hopkinson's Admiralty Decisions.
Houard's Ang. Sax. Laws. Houard's Anglo Saxon laws and Ancient
Laws of the French.
Houard's dict. Houard's Dictionary of the Customs of normandy.
Hough C. M. Hough on Courts Martial.
Hov. Fr. Hovenden on Frauds.
Hov. Supp. Hovenden's Supplement to Vesey Junior's Reports.
How. St. Tr. Howell's State Trials.
Howe's Pr. Howe's Practice in Civil Actions and Proceedings at
Law in Massachusetts.
How. Pr. R. Howard's Practice Reports.
Hub. on Suc. Hubback on Successions.
Huds. & Bro. Hudson & Brooke's Reports.
Hugh. Ab. Hughes' Abridgment.
Hugh. Entr. Hughes' Entries.
Hugh. on Wills. Hughes on Wills.
Hugh. R. Hughes' Reports.
Hugh. Or. Writs. Hughes' Comments upon Original Writs.
Hugh. Ins. Hughes on Insurance.
Hugh. on Wills. Hughes' Practical Directions for Taking
Instructions for Drawing Wills.
Bouvier's Law Dictionary : A1 : Page 33 of 118
Hull. on Costs. Hullock on the Law of Costs.Hult. on Conv. Hulton
on Convictions.
Humph. R. Humphrey's Reports.
Hume's com. Hume's Commentaries on the Criminal Law of Scotland.
Hut. Hutton's Reports.
I. The Institutes of Justinian (q.v.) are sometimes cited, I.1,
3, 4.
I. Infra, beneath or below.
Ib. Ibidem.
Ictus. Jurisconsultus. This abbreviation is usually written with
an I, though
it would be more proper to write it with a J, the first letter
of the word
Jurisconsultus; c is the initial letter of the third syllable,
and tus is the end of the word.
Id. Idem.
Il Cons. del Mar. Il Consolato del Mare. See Consolato del Mare,
in the body of the work.
Imp. Pr. C. P. Impey's Practice in the common Pleas.
Imp. Pr. K. B. Impey's Practice in the King's Bench.
Imp. Pl. Impey's Modern Pleader.
Imp. Sh. Impey's Office of Sheriff.
In f. In fine, at the end of the title, law, or paragraph quoted.
In pr. In principio, in the beginning and before the first
paragraph of a law.
In princ. In principio. In the beginning .
In sum. Insumma, in the summary.
Ind. Index.
Inf. Infra, beneath or below.
Ing. Dig. Ingersoll's Digest of the laws of the United States.
Ing. Roc. Ingersoll's Roccus.
Ingr. on Insolv. Ingraham on Insolvency.
Inj. Injunction.
Ins. Insurance.
Inst. Coke on Littleton, is cited Co. Lit. or 1 Inst., for First
Institute.
Coke's magna Charta, is cited Co. M.C. or 2 Inst., for Second
Institute.
Co. P. C. Coke's Pleas of the Crown, is cited 3 Inst., for
Third Institute.
Co. on Courts. Coke on Courts, is cited 4 Inst., for Fourth
Institute.
Inst. Institutes. When the Institutes of Justinian are cited, the
citation is
made thus; Inst. 4, 2, 1; or Inst. lib. 4, tit. 2, l. 1; to
signify In
stutues, book 4, tit. 2, law 1. Coke's Institutes are cited,
the first, ei-
ther Col Lit. or 1 Inst., and the others 2 Inst., 3 Inst., and
4 Inst.
Inst. Cl. or Inst. Cler. Instructor Clericalis.
Inst. Jur. Angl. Institutiones Juris Anglicani, by Doctor Cowell.
Introd. Introduction.
Ir. Eq. R. Irish Equity Reports.
Ir. T. R. Irish Term Reports. Sometimes cited Ridg. Irish. T. R.
Bouvier's Law Dictionary : A1 : Page 34 of 118
(q.v.) J. Justice.
J. institutes of Justinian.
J. C. Juris Consultus.
J. C. P. Justice ofthe common Pleas.
J. Glo. Juncta Glossa, the Gloss joined to the text quoted.
J. J. Justices.
J. J. Marsh. J.J. Marsha''s (Kentucky) Reports.
J. K. B. Justice of the King's Bench.
J. P. Justice of the Peace.
J. Q. B. Justice ofthe Queen's Bench.
J. U. B. Justice of the Upper Bench. During the Commonwealth of
the English Court ofthe King's Bench was called the Upper Bench.
Jac. Jacobus, James; as, 4 Jac. 1, c. 1.
Jac. Introd. Jacob's Introduction to the Comm, Civil, and Canon
Law.
Jac. L. D. Jacob's law Dictionary.
jac. L. G. Jacob's law Grammar.
Jac. Lex. Mer. jacob's Lex Mercatoria, or the Merchant's
Companion.
Jac. R. Jacob's Chancery Reports.
Jac. & Walk. Jacob & Walker's Chancery Reports.
Jack. Pl. Jackson on Pleading.
Jarm. on Wills. Jarman on the Law of Wills.
Jarm. Pow. Dev. Powell on Devises, with Notes by Jarman.
Jebb's Ir. Cr. Cas. Jebb's Irish Criminal Cases.
Jeff. Man. Jefferson's Manual.
Jeff. R. Thomas Jefferson's Reports.
Jenk. Jenkins' Eight Centuries of Reports; or Eight Hundred
Cases solemnly
adjudged in the Exchequer Chamber, or upon Writs of Error, from
K. Henry III, to 21 K. James I.
Jer. Jeremy.
Jer. on Carr. Jeremy's Law of Carriers.
Jer. Eq. Jur. Jeremy on the Equity Jurisdiction of the High Court
of Chancery.
Jer. on Cor. Jervis on Coroners.
John. Cas. Johnson's Cases.
John. R. Johnson's Reports.
John. Ch. R. Johnson's Chancery Reports.
John. Eccl. Law. Johnson's Ecclesiastical Law.
Johns. Civ. L. of Sp. Johnson's Civil Law of Spain.
Johns. on Bills. The Law of Bills of Exchange, Promissory Notes,
Checks, & c., by Cuthbert W. Johnson.
Jon. Sir Wm. Jones' Reports.
Jon. & Car. Jones and Carey's Reports.
Jon. on Lib. Jones, De Libellis Famosis, or the Law of Libels.
Jon. Inst. HInd. L. Jones' Institutes of Hindoo Laws.
Jon. (1) Sir W. Jones' Reports.
Jon. (2) Sir T. Jones' Reports.
Jon. T. Thomas Jones' REports.
Jon. oon Bailm Lones' Law of Bailments.
Jones' Intr. Jones' Introduction to Legal Science.
Joy on Ev. Acc. Joy on the Evidence of Accomplices.
Bouvier's Law Dictionary : A1 : Page 35 of 118
Joy on Chal. Joy on Challenge to Jurors.Joy Leg. Ed. Joy on Legal
Education.
Jud. Chr. Judicial Chronicle.
Jud. Repos. Judicial Repository.
Judg. Judgments.
Jr. Eccl. Jura Ecclesiastica, or a Treatise of the Ecclesiastical
Law and Courts, interspersed with various cases of Law and Equity.
Jr. Mar. Molloy's Jure Maritimo. Sometimes cited Molloy.
Jus. Nav. Thod. Jus Navale Thodiorum.
Just. Inst. Justinian's Institutes.
K. B. King's Bench.
K. C. R. Reports in the time of Chancellor King.
K.& O. Knapp & Omber's Election Cases.
Kames on Eq. Kames' Principles of Equity.
Kames' Ess. Kames' Essays.
Kames' Hist. L. T. Kames' HIstorical Law Tracts.
Keat. Fam. Settl. Keating on Family Settlements.
Keb. Keble's Reports.
Keb. Stat. Keble's English Statutes.
Keen's R. Keen's Reports.
Keil or Keilw. Keilways' Reports.
Kel. Sir John Kelyng's Reports.
Kel. 1,2, or W. Kel. William Kelyng's Reports, two parts.
Kelh. Norm L. D. Kelham's Norman French Law Dictionary.
Kell. R. Kelly's Reports.
Ken. on Jur. Kennedy on Juries.
Kent. Com. Kent's Commentaries on American Law.
Keny. Kenyon's Reports of the Court of King's Bench.
Kit. or Kitch. Kitchen on Courts.
Kna.& Omb. Knapp & Omber's Election Cases.
Knapp's A. C. Knapp's Appeal Cases.
Knapp's R. Knapp's Privy Council Reports.
Kyd on Aw. Kyd on the Law of Awards.
Kyd on Bills. Kyd on the Law relating to Bills of Exchange.
Kyd on Corp. Kyd on the Law of Corporations.
L, in citation means law, as L. 1, 33. Furtum, ff de Furtis, i.e.
law 1, section or paragraph beginning with the word Furtum; ff,
signifies the Digest, and the words de Furtis denote the title.
L. signifies also liber, book.
L.& G. Lloyd's & Goold's Reports.
L.& W. Lloyd & welshy's Mercantile Cases.
LL. Laws, as LL. Gul. 1, c. 42. Laws of William I. chapter 42;
LL. of U.S., Laws of the United States.
L.S. Locus sigili.
L.R. Louisiana Reports.
La. Lane's REports.
Lalaure, des Ser. Traite des Servitudes reelles, par M. laalaure.
Lamb. Archai. Lambard's Archaionomia.
Lamb. Eiren. Lambard's Eirenarcha.
Lamb. on Dow. Lambert on Dower.
Lat. Latch's Reprts.
Laus. on Eq. laussat's Essay on Equity Practice in Pennsylvania.
Law. on Chart. part. Lawes on the Law of Charter Parties.
Law. Lib. Law Library.
Law Rep. Law Reporter.
Bouvier's Law Dictionary : A1 : Page 36 of 118
Laws Eccl. Law. Laws' Ecclesiastical Law.Law Intel. Law Intelligencer.
Law Fr. & latin Dict. Law French and Latin Dictionary.
Law. Pl. lawes' Elementary Treatise on Pleading in Civil Actions.
Law. Pl. in Ass. Lawes' Treatise on Pleading in Assumpsit.
Laws of Wom. Laws of Women.
Lawy. Mag. lawyer's magazine.
Le. Ley's Reports.
Leach. Leach's Cases in Crown Law.
Lec. Elm. Lecons Elementaire du Driot Civil Romain.
Lee Abst. Tit. Lee on the Evidence of Abstracts of Title to REal
Property.
Lee on Capt. Lee's Treatise of Captures in War.
Lee's Dict. Lee's Dictionary of Practice.
Lee's Eccl. R. Lee's Ecclesiastical Reports.
Leg. Bibl. Legal Bibliography, by J.G. Marvin.
Leg. Legibus.
Leg. Obs. Legal Observer.
Leb. Oler. The Laws of Oleron.
Leg. on Outl. Legge on Outlawry.
Leg. Rhod. The Laws of Thodes.
Leg. ult. The Last Law.
Leg. Wish. Lawas of Wishury.
Leigh & Dal. on Conv. Leigh & Dalzell on Conversion of Property.
Leigh's R. Leigh's Reports.
Leigh's N.P. Leigh's Nisi Prius.
Leo. or Leon. Leonard's Reports.
Lev. Levinz' Reports.
Lev. Ent. Levinz's Entries.
Lew. C. C. Lewin's Crown Cases.
Lew. Cr. Law. An Abridgment of the Criminal Law of the United
States, by Ellis Lewis.
Lew. on Tr. Lewin on Trusts.
Lew. on Perp. Lewin on the Law of Perpetuities.
Lex Man. Lex maneriorum.
Lex Mer. Lex Mercatoria.
Lex Mer. Am. Lex Mercatoria Americana.
Lex Parl. Lex Parliamentaria.
Ley. Ley's Reports.
Lib. Liber, book.
Libb. Ass. Liber Assisarum.
Lib. Ent. Old Book of Entries.
Lib. Feud. Liber Feudorum.
Lib. Intr. Liber Intrationum; or Old Book of Entries.
Lib. Nig. Liber Niger.
Lib. Pl. Liber Placitandi.
Lib. Reg. Register Books.
Lib. Rub. LIber Ruber.
Lib. Ten. Liberum Tenementum.
Lid. Jud. Adv. Liddel's Detail of the Duties of a Deputy Judge
Advocate.
Lill. Entr. Lilly's Entries.
Lill. Reg. Lilly's Register.
Lill. Rep. Lilly's Reports.
Lill. Conv. Lilly's conveyancer.
Lind. Lindewooode's Provinciale; or Provincial Constitutions of
Bouvier's Law Dictionary : A1 : Page 37 of 118
England, with the Legantine Constitutions of Otho and Othobond.
Litt. s. Littleton, section.
Litt. R. Littell's Reports.
Litt. Rittleton's Reports.
Litt. Sel. Cas. Littell's Select Cases.
Litt. Ten. Littleton's Tenures.
Liv. Livre, book.
Liv. on Ag. Livermore on the Law of Principal and Agent.
Liv. Syst. Livingston's System of Penal Law for the State of
Louisiana. This
work is sometimes cited Libingston's Report on the Plan of a
Penal Code.
Liverm. Diss. Livermore's dissertations on the Contrariety of
Laws.
Llo.& Go. Lloyd & Goold's Reports.
Llo.& Go. t. Sudg. Lloyd & Goold's Reports, during the time of
Sugden.
Llo.& Go. t. Plunk. Lloud & Goold during the time of Plunkett.
Llo.& Welsh. Lloyd & Welshy's Reports of Cases relating to
Commerce, Manufactures, &c., determined in the Courts of Common Law.
Loc. cit. Loco citato, the place cited.
Log. Comp. Compendium of the Law of England, Scotland, and
Ancient Rome, by James Logan.
Lofft. Lofft's Reports.
Lois des Batim. Lois des Batimens.
Lom. Dig. Lomax's Digest of the Law of Real Property in the
United States.
Lom. Ex. Lomax on Executors.
Long. Quint. Year Book, part 10 Vide Year Book.
Louis Code. Civil Code of Louisiana.
Louis. R. Louisiana Reports.
Lovel. on Wills. Lovelass on Wills.
Lown. Leg. Lowndes on the Law of Legacies.
Lube, Pl. Eq. An Analysis of the Principles of Equity Pleading,
by D. G. Lube.
Luder's elec. Cas. Luder's Election Cases.
Luml. Ann. Lumley on Annuities.
Luml Parl. Pr. Lumley's Parliamentary Practice.
Luml on Settl. Lumley on Settlements and Removal.
Lut. Ent. Lutwyche's entries.
Lutw. Lutwyches' Reports.
M. Michaelmas Term.
M. Maxim, or Maxims.
M. Jary; as 4 Mary st.3, c.1.
M.& A. Montagu & Ayrton's Reports of Cases of Bankruptcy.
M.& B. Montagu and bligh's Cases in Bankruptcy.
M.& C. Mylne & Craig's Reports.
M.& C. Montagu & Chittys' Reports.
M.& G. Manning & Granger's Reports.
M.& G. Maddock & Geldart's Reports.
M.G.& S. Manning, Granger & Scott's Reports.
M.& K. Mylne & Keen's chancery Reports.
M.& M. or Mo.& Malk. Rep. Moody & Malkin's Nisi Prius Reports.
M. P. Exch. Modern Practice Exchequer.
M.& P. Moore & Payne's Reports.
Bouvier's Law Dictionary : A1 : Page 38 of 118
M.R. Master of the Rolls.
M. R. Martin's Reports of the Supreme Court of the State of
Louisiana.
M.& R. Manning & Ryland's Reports.
M.& S. Moore & Scott's Reports.
M.& S. Maule & Selwyn's Reports.
M.& Y. or Mart. & Yerg. Martin & Yerger's Reports.
M.& W. Meeson & Welshy's Reports.
M. D.& G. Montagu, Daecon & Gex's Reports of Cases in Bankruptcy.
M'Arth. C. M. M'Arthur on Courts Martial.
M'Cl & Yo. M'Clelland & Younge's Exchequer Reports.
M'Clel. E. R. M'Clelland's Exchequer Reports.
M'Cord's Ch. R. M'Cord's Chancery Reports.
M'Cord's R. M'Cord's Reports
M'Kin. Phil. Ev. M'Kinnon's Philosophy of Evidence.
M'Naght. C. M. M'Naghton on Courts Martial.
McLean & Rob. McLean & Robinson's Reports.
M'Lean R. M'Lean's Reports.
Macn. on Null. Macnamara on Nullities nad Irregularities in the
Practice of the Law.
macnal. Ev. Macnally's Rules of Evidence on Pleas oft he Crown.
Macph. on Inf. Macpherson on Infants.
Macq. on H.& W. Macqueen on Hushand and Wife.
Mad. Exhc. Madox's History ofthe Exchequer.
Mad. Form. Madox's Formulare Anglicanum.
Madd.& Geld. Maddock's & Geldart's Reports.
Madd., Madd. R. Maddock's chancery REports.
Madd. Pr. or Madd. Ch. Maddock's Chancery Practice.
Mag. Ins. Magens on Insurance.
Mal. Malyne's Lex Mercatoria.
Man. Manuscript.
Man.& Gra. Manning & Granger's Reports.
man. Gr.& Sc. Manning, Granger & Scott's Reports.
Man.& Ry. Manning & Ryland's Reports.
Manb. on Fines. Manby on Fines.
Man. Comm. Manning's Commentaries of the Law of Nations.
Mann. Exch. Pr. Manning's Exchequer Practice.
mans. on Dem. Mansel on Demurrers.
Mans. on Lim. Mansel of the Law of Limitations.
Manw. Manwood's Forest Laws.
mar. Mritime.
mar. N.C. March's New Cases.
Mar. R. march's Reports.
Marg. margin.
Marr. Adm. Dec. Marriott's Admiralty Decisions.
Marr. Form. Inst. marriott's Formulare Instrumentorum; or a
Formulary of
Authentic Instruments, Writs, and Standing orders used in the
Court of Admiralty of Great Britain, of Prize and Instance.
Marsh. Marshall's Reports in the Court of Common Pleas. A. Marsh.
Marshall's
(Kty.) Reports. J. J. Marsh. J. J. Marshall's Reports. Marsh.
Ins. Marshall on the Law of Insurance.
Marsh. Decis. Brockenbrought's Reports of Chief JUstice
Bouvier's Law Dictionary : A1 : Page 39 of 118
marshall's Decisions.Mart. law Nat. Martin's Law of Nations.
Mart. (N.C.) R. Martin's North Carolina Reports.
Mart. (Lo.) R. Martin's Louisiana Reports.
Marv. Leg. Bibl. Marvin's Legal Bibliography.
Mart.& Yerg. Martin & Yerger's Reports.
Mart. N. S. Martin's Louisiana Reports, new series.
Sason R. mason's circuit Court Reports.
Mass. R. Massachusetts Reports.
Math. on Pres. Mathew on the Doctrine of Presumption and
Presumptive Evidence.
Matth. on Prt. Matthews on Portion.
Matth. on Ex. Matthews on Executors.
maugh. Lit. Pr. Maughan on Literary Property.
Maule & Selw. Maule & Selwyn's Reports.
Max. Maxims.
Maxw. L. D. Maxwell's Dictionary of the Law of Bills of Exchange,
& c.
Maxw. on Mar. L. Laxwell's Spirit of the Marine Laws.
Mayn. Maynard's Reports. See Year Books in the body of the work.
The first part of the Y. B. is sometimes so cited.
Med. Jr. Medical Jurisprudence.
Mees. & Wels. Meeson & Welshy's Reports.
Meigs, R. Meigs' Tennessee Reports.
Mer. R. Merivale's Reports.
Merch. Dict. Merchant's Dictionary.
Merl. Quest. Merlin, Questions de Driot.
Merl. Repert. Merlin, Repertoire.
Merrif. Law of Att. Merrifield's Law of Attorneys.
Merrif. on Costs. Merrifield's Law of costs.
Metc. R. Metcalf's Reports.
Metc. & Perk. Dig. Digest of the Decisions of the Courts of
Common Law and
Admiralty in the United States. By Theron Metcalf and Jonathan
C. Perkins.
Mich. Michaelmas.
Mich. Rev. St. Michigan Revised Statutes.
Miles' R. Miles' Reports.
Mill. Civ. Law. Miller's civil Law.
Mill. Ins. Millar's Elements of the Law relating to Insurances.
Sometimes this
work is cited Mill. El.
Mill. on Eq. Mort. Miller on Equitable Mortgages.
Minor's Rep. Minor's Alabama Reports, sometimes cited Ala. Rep.
Mirch. onAdv. Mirehead on Advowsons.
Mirr. Mirroir des Justices.
Misso. R. Missourti Reports.
Mitf. Pl. Mitford's Pleadings in Equity. Also cited Redead. Pl.
Redesdale's Pleadings.
MO. Sir Francis Moore's Reports in the reign of K. Henry VIII.,
Q. Elizabeth, and K. James.
Mo.& Malk. Moody & Malkin's Reports.
Mo. C. C. Moody's Crown Cases.
Mo. Cas. Moody's Nisi Prius and Crown Cases.
Bouvier's Law Dictionary : A1 : Page 40 of 118
Mod. or Mod. R. Modern Reports.Mod. Cas. Modern Cases.
Mod. C. L.& E. Modern Cases in Law and Equity. The 8 & 9 Modern
Reports are sometimes so cited; the 8th cited as the 1st, and the
9th as the 2d.
Mod. Entr. Modern entries.
Mod. Int. Modus Intrandi.
Mol. Molloy, De jure Miartimo.
Moll. R. Molloy's chancery Reports.
Monr. R. Monroe's Reports.
Mont. & Ayrt. Montagu & Ayrton's Reports.
Mont. B. C. Montagu's Bankrupt Cases.
Mont. & Bligh. Montagu & Bligh's Cases in Bankruptcy.
Mont. & Chit. Montagu & Chitty's Reports.
Mont. on Comp. Montagu on the Law of Composition.
Mont. B. L. Montagu on the Bankrupt Laws.
Mont. on Set-off. Montagu on Set-off.
Mont. Deac. & Gex. Montagu, Deacon & Gex's Reports of Cases in
Bankruptcy,
argued and determined in the Court of Review, and on Appeals to
the Lord Chancellor.
Mont. Dig. Montagu's digest of Pleadings in EQuity.
Mont. Eq. Pl. Montagu's Equity Pleading.
Mont. & Mac. Montagu & MacArthur's Reports.
Mont. Sp. of Laws. Montesquieu's Spirit of Laws.
Montesq. Montesquieu, Esprit des Lois.
Moo. & Malk. Moody & Malkin's Reports.
Moo. & Rob. Moody & Robinson's Reports.
Moore, R. J. B. Moore's Reports of Cases decided in the Court of
Common Pleas.
Moore's A. C. Moore's Appeal Cases.
Moore & Payne. Moore & Payne's Reports of Cases in C. P.
Moore & Scott. Moore & Scott's Reports of Cases in C. P.
Mort. on Vend. Morton's law of Vendors and Purchasers of Chattels
Personal.
Mos. Mosely's Reports.
MSS> Manuscripts; as, Lord Colchester's MSS>
Much. D.& S. Muchall's Doctor and Student.
Mun. Municipal.
Munf. R. Munford's Reports.
Murph. R. Murphy's Reports.
My. & Keen. Mylne & Keen's Chancery Reports.
Myl.& Cr. Mylne & Craig's Reports.
N. Number.
N. or Nov. Novellae: the Novels.
N. A. Non allocatur.
N. B. Nulla bona.
N. Benl. New Benloe.
N. C. Cas. North Carolina Cases.
N. C. Law Rep. North Carolina Law Repository.
N. C. Term R. North Carolina Term Reports. This volume is
sometimes cited 2 Tayl.
N. Chipm. R. N. Chipman's Reports.
N. E. I. Non est Inventus.
N. H. Rep. New Hampshire Reports.
Bouvier's Law Dictionary : A1 : Page 41 of 118
N. H. & G. Nicholl, Hare & Garrow's Reports.N. L. Nelson's editon
of Lutwyche's Reports.
N. L. Non liquet. Vide Ampliation.
N.& M. Neville & Manning's Repors.
N.& P. Neville & Perry's Reports.
N. P. Nisi Prius.
N.& M'C. Nott & M'Cord's Reports.
N. R. or New R. New Reports; the new series, or 4 & 5 Bos. &
Pull. Reports, are usually cited N. R.
N. S. New Series of the Reports of the Supreme Court of
Louisiana.
N. Y. R. S. New York Revised Statutes.
Nar. Conv. Nares on Convictions.
Neal's F.& F. Neal's Feasts and Fasts; an Essay on the Rise,
Progress and
Present State of the Laws relating to Sundays and other
Holidays, and other days of fasting.
Nels. Ab. Nelson's Abridgment.
Nels. Lex Maner. Nelson's Lex Maneriorum.
Nels. R. Nelson's Reports.
nem. con. Nemine contradicente, (q.v.)
Nem. Dis. nemine dissentiente.
Nev. & Mann. Neville & Manning's Reports.
nev. & Per. Neville & Perry's Reports.
New Benl. Benloe's Reports. Reports in the Reign of Henry VIII.,
Edw. VI.,'
Phil. and Mary, and Elizabeth, and other Cases in the times of
Charles. By
William Benloe. See Benl.
New Rep. new Reports. A continuation of Bosanquet & Puller's
Reports.
See B.& P.
Newf. Rep. Newfoundland Reports.
newl. Contr. Newland's Treatise on Contracts.
Newl. Ch. Pr. Newland's Chancery Practice.
Newn. Conv. Newnam on Conveyancing.
Ni. Pri. Nisi Pirus.
Nich. Adult. Bast. Nicholas on Adulterine Bastardy.
Nich. Har. & Gar. Nicholl, Hare & Garrow's Reports.
Nient Cul. Nient Culpable, old French, not guilty.
Nol. P. L. Nolan's Poor Laws.
Nol. R. Nolan's Reports of Cases relative to the Duty and Office
of Justice of the Peace.
Non Cul. Non culpabilis, not guilty.
North. Northington's Reports.
Nott.& M'cord. Nott & M'Cord's reports.
Nov. Novellae, the Novels.
Nov. REc. Novisimi Recopilacion de las Leyes de Espana.
Noy's Max. Nou's Maxims.
Noy's R. Noy's Reports.
O. Benl. Old Benloe.
O. Bridg. Orlando Bridgman's Reports.
O. C. Old Code: so is denominated the Civil Code of Louisiana,
1808.
O. N. B. Old Natura Brevium. Vide Vet. N. B., in the
Bouvier's Law Dictionary : A1 : Page 42 of 118
abbreviations, and "Old Natura Brevium," in the body of the work.
O. Ni. These letters, which are an abbreviation for overatur
nisis habent sufficientem exonerationem, are, according to the
practice of the English Exchequer, marked upon each head of
a Sheriff's account for issues, amerciaments and mean profits.
4 Inst. 116.
Oblig. Obligations.
Observ. Observations.
Off. Office.
Off. Br. Officina Brevium.
Off. Ex. Wentworth's Office of Executors.
Ohio R. Ohio Reports.
Oldn. Oldnall's Welsh Practice.
Onsl. N. P. Onslow's Nisi Prius.
Ord. Anst. Ordinance of Amsterdam.
Ord. Antw. Ordinance of Antwerp.
Ord. Bilb. Ordinance of Bilboa.
Ord. Ch. Orders in Chancery.
Ord. Cla. Lord Clarendon's Orders.
Ord. Copenh. Ordinance of Copenhagen.
Ord. Cor. Orders of Court.
Ord. Flor. Ordinances of Florence.
Ord. Gen. Ordinance of Genoa.
Ord. Hamb. Ordinance of Hamburgh.
Ord. Konigs. Ordinance of Konigsherg.
Ord. Leg. Ordinances of Leghorn.
Ord. de la Mar. Ordonnance de la marine, de Louis XIV.
Ord. Prot. Ordinances of Portugal.
Ord. Prus. Ordinances of Prussia.
Ord. Rott. Ordinances of Rotterdam.
Ord. Swed. Ordinances of Sweden.
Ord. on Us. Ordinances on the Law of Usury.
Orfil. Med. Jur. Orfila's Medical Jurisprudence.
Orig. Original.
Oought. Oughton's Ordo Judiciorum.
Overt. R. Overton's Reports.
Ow. owen's Reports.
Owen, Bankr. Owen on Bankruptcy.
P. Page or part. Pp. Pages.
P. Pachalis, Easter term.
P.C. Pleas of the Crown.
P.& D. Perry & Davison's Reports.
P.& K. Perry & Knapp's Election Cases.
P.& M. PHilip and mary; as, 1 & 2 P.& M. c. 4.
P.N>P. Peake's Nisi Prius.
P. P. Propria persona; in his own person.
Pa. R. Pennsylvania Reports.
P. R. or P. R. C. P. Practical REgister in the Common Pleas.
P. Wms. Peere Williams' Reports.
Paige's R. Paige's Chancery Reports.
Paine's R. Paine's Reports.
Pal. Palmer's Reports.
Pal. AG. Paley on the Law of Principal and Agent.
Pal. Conv. Paley on Convictions.
Bouvier's Law Dictionary : A1 : Page 43 of 118
Palm. Pr. Lords. Palmer's Practice in the House of Lords.Pand.
Pandects. Vide Dig.
Par. Paragraph; as, 29 Eliz. cap. 5, par. 21.
Par.& Fonb. M. J. Paris & Fonblanque on Medical Jurisprudence.
Pardess. Pardessus, Cours de Driot Commercial. In this work
Pardessus is cited in several ways, namely: Pardes. Dr. Com
Part 3, tit. 1, c. 2, s. 4, n. 286; or 2 Pardes. n. 286,
which is the same reference.
Park on Dow. Park on Dower.
Park, Ins. Park on Insurance.
Park. R. Sir Thomas Parker's Reports of Cases concerning the
Revenue, in the Exchequer.
Park. on Ship. Parker on Shipping nad Insurance.
Parl. Hist. Parliamentary History.
Patch. on Mortg. Patch's Treatise on the Law of Mortgages.
Paul's Par. Off. Paul's Parish Officer.
Pay. Mun. Rights. Payne's Municipal Rights.
Peak. Add. Cas. Peake's Additional Cases.
Peak. C. N. P. Peake's Cases determined at Nisi Prius, and in the
K. B.
Peake, Ev. Peake on the Law of Evidence.
Peck. R. Peck's Reports.
Peck's Tr. Peck's Trial.
Peckw. E. C. Peckwell's Election Cases.
Penn. Bl. Pennsylvania Blackstone, by John Read, Esq.
Penn. law Jo. Pennsylvania Law JOurnal.
Penn. R. Pennington's Reports. The Pennsylvania Reports are
sometimes cited
Penn. R., but more properly, for the sake of distinction,
Penna. R.
Penn. St. R. Pennsylvania State Reports.
Penna. Pr. Pennsylvania Practice; also cited Tro. & Hal. Pr.,
Troubat & Haly's Practice.
Penna. R. Pennsylvania Reports.
Pennsylv. Pennsylvania Reports.
Penr. Anal. Penruddocke's Analysis ofthe Criminal Law.
Penult. The last but one.
Per.& Dav. Perry & Davison's Reports.
Per.& Knapp. Perry & Knapp's Election Cases.
Perk. Perkins on conveyancing.
Perk. Prof. B. Perkins' Profitable Book.
Perpip. on Pat. Perpigna on Patents. The full title of this work
is, "The
French Law and Practice of Patents for Inventions,
Improvements, and
Importations. by A. Perpigna, A.M.L.B., Barrister in the Royal
Court of
Paris, Member of the Society for the Encouragement of ARts,
&c." The work is
well written in the English language. The author is a French
lawyer, and has
written another work on the same subject in French.
Pet. Ab. Petersdorff's Abridgment.
Pet. Adm. Dec. Peters' Admiralty Decisions.
Bouvier's Law Dictionary : A1 : Page 44 of 118
Pet. on Bail, or Petersd. on Bail. Petersdorff on the Law of Bail.
Pet. R. Peters' Supreme Court Reports.
Pet. C. C. R. Peters' Circuit Court Reports.
Petting. on Jur. Pettingal on Juries.
Phil. Ev. Phillips' Evidence.
Phil. Ins. PHillips on Insurance.
Phil. St. Tr. Phillips' State Trials.
Phill. Civ. and Can. Laws. Phillimore on the Study of the Civil
and Canon
Law, considered in relation to the state, the church, and the
universities, and in connexion with the college of advocates.
Phill. on Dom. Phillimore on the Law of Domicil.
Phillim. or Phillim E. R. Phillimore' Ecclesiastical Reports.
Pick. R. Pickering's Reports.
Pig. Pigot on Recoveries.
Pike's Rep. Reports of Cases argued and determined in the Supreme
Court of Law and Equity of the State of Arkansas.
by Albert Pike. These Reports are cited Ark. Rep.
Pitm. Prin. and Sur. Pitman on Principal and Surety.
Pl. Placitum or plea.
Pl. or Plow. or Pl. Com. Plowden's Commentaries, or Reports.
Plff. Plaintiff.
Platt on Cov. Platt on Law of Covenants.
Platt on Lea. Platt on Leases.
Pol. Pollexfen's Reports.
Poph. Popham's Reports. The cases at the end of Pophams' Reports
are cited 2 Poph.
Port. R. Porter's Reports.
Poth. Pothier. The numerous works of Pothier are cited by
abbreviating his
name Poth. and then adding the name of the treatise; the
figures generally
refer to the number, as Poth. Ob. n. 100, which signifies
Pothier's Treatise
on the Law of Obligations, number 100. Poth. du Mar. Pothier du
Mariage.
Poth. Vente. Pothier Traite de Vente, & c. His Pandects, in 24
vols. are cited Poth. Pand. with the book, title, law, & c.
Pott's L. D. Pott's Law Dictionary.
Pow. Powell.
Pow. Contr. Powell on Contracts.
Pow. Dev. Powell on Devises.
Pow. Mortg. Powell on Mortgages.
Pow. Powers. Powell on Powers.
Poyn. on M. and D. Poynter on the Law of Marriage and Divorce.
Pr. Principio. In pr. In principio; in the beginning.
Pr. Ex. Rep. or Price's E. R. Prices' Exchequer Reports.
Pr. Reg. Cha. Practical Register in Chancery.
Pr. St. Private Statute.
Pr. Stat. Private Statute.
Pract. Reg. C. P. Practical Register of the Common Pleas.
Bouvier's Law Dictionary : A1 : Page 45 of 118
Pract. Reg. in Ch. Practical Register in Chancery.Prat. on H.& W.
Prater on the Law of Hushand and Wife.
Pref. Preface.
Prel. Preliminaire.
Prest. Preston.
Prest. on Est. Preston on Estates.
Prest. Abs. Tit. Preston's Essay on Abstracts of Title.
Prest. on Conv. Preston's Treatise on Conveyancing.
Prest. on Leg. Preston on Legacies.
Pri. Price's Reports.
Price's Ex. Rep. Price's Exchequer Reports.
Price's Gen Pr. Price's General Practice.
Prin. Principium, the beginning of a title or law.
Prin. Dec. Printed Decisions.
Priv. Lond. Customs or Privileges of London.
Pro. L. Province Laws.
Pro quer. Pro querentum, for the plaintiff.
Proct. Pr. Proctor's Practice.
Puff. Puffendorff's law of nature.
Q. Quaestione, in such a Question.
Q. B. Queen's Bench.
Q. B. R. Queen's Bench Reports, by Adolphus & Ellis. New series.
Q.t. Qui tam.
Qu. Quere.
Q. Van Weyt. Q. Van Weytsen on Average.
Q. Warr. Quo Warranto; (q.v.) The letters (q.v.) quod vide,
which see, refer to the article mentioned immediately before them.
Qu. Quaestione, in such a Question.
Quest. Questions.
Quinti Quinto. Year-book, 5 Henry V.
Quon. Attach. Quoniam Attachiamenta. See Dalr. F.L. 47.
R. Resolved, ruled, or repealed.
R. Richard; as, 2 R. 2, c. 1.
Rich. Rep. Richardson's (S.C.) Reports.
RC. Rescriptum.
R.& M. Russell and Milne's Reports.
R.& M. C. C. Ryan and Moody's Crown Cases.
R.& M. N. P. Ryan & Moody's Nisi Prius Cases.
R.& R. Russell & Ryans' Criwn Cases.
R. M. Charlt. R. M. Charlton's Reports.
RS. Responsum.
R. S. L. Reading on Statute Law.
Ram on Judgm. Ram on the LAw relating to Legal Judgments
Rand. Perp. Randall on the Law of Perpetuities.
Rand. R. Randolph's Reports.
Rast. Rastall's Entries.
Rawle's R. Rawle's Reports.
Rawle, Const. Rawle on the Constitution.
Ray's Med. Jur. Ray's Medical Jurisprudence on Insanityh.
Raym. or, more usually, Ld. Raym. lrod Raymond's Reports. T.
Raym. Sir Thomas Raymond's Reports.
Re. Fa. lo. Recordari facias loquelam. Vide Refalo in the body of
the work.
Rec. Recopilation.
Rec. Recorder; as, City Hall Rec.
Bouvier's Law Dictionary : A1 : Page 46 of 118
Redd. on Mar. Com. Reddie's Historical View of hte Law of
Maritime Commerce.
Redesd. Pl. Redesdale's Equity Pleading. This work is also and
must usually cited Mitf. Pl.
Reeves' H. E. L. Reeves' History of the English Law.
Reeves on Ship. Reeves on the Law of Shipping and Navigation.
Reeves on Des. Reeves on Descents.
Reg. Regula, rule.
Reg. Register.
Reg. Brev. Registrum Brevium, or Register of Writs.
Reg. Gen. Regulae Generales.
Reg. Jud. Registrum Judiciale.
Reg. Mag. Regiam Magestatem.
Reg. Pl. Regula Placitandi.
Renouard, des Brev. d'Inv. Traite des Brevets d'Invention, de
Perfectionement,
et d'Importation, par Augustin Charles Renouard.
Rep. The Reports of Lord Coke are frequently cited 1 Rep., 2
Rep., &c. and sometimes they are cited Co.
Rep. Repertoire.
Rep. Eq. Gilbert's Reports in Equity.
Rep. Q. A. Reports of Cases during the time of Queen Anne.
Rep. T. Finch. Reports tempore Finch.
Rep. T. Hard. Reports during the time of Lord Hardwicke.
Rep. T. Holt. Reports tempore Holt.
Rep. T. Talb. Reports of Cases decided during the time of Lord
Talbot.
Res. Resolution. Teh cases reported in Coke's Reports, are
divided into resolutions on the different points of the case,
and are cited 1 Res. &c.
Ret. Brev. Retorna Brevium.
Rev. St. or REv. Stat. REvised Statutes.
Rey, des Inst. de l'Anglet. Des Institutions Judiciaries de
l'Angleterre comparees avec celles de la France. Par Joseph Rey.
Reyn. Inst. Institutions du Droit des Gens, &c. par Gerard de
Reyneval.
Ric. Richard; as, 12 Ric. 2, c. 15.
Rice's Rep. Reports of Cases in Chancery argued and determined in
the Court of Appeals and Court of Error of South Carolina.
by William Rice, State Reporter.
Rich. Pr. C. P. Richardson's Practice in the Common Pleas.
Rich. Pr. K. B. Richardson's Practice in the King's Bench.
Rich Eq. R. Richardson's Equity Reports.
Rich. on Wills. Richardson on Wills.
Ridg. Irish. T. R. Ridgeway, Lapp & Schoales' Term Reports in the
K.B., Dublin. Sometimes this is cited Ridg. L.& S.
Ridg. P. C. Ridgeway's Cases in Parliament.
Ridg. Rep. Ridgeway's Reports of Cases in K. B. and Chancery.
Ridg. St. Tr. Ridgeway's Reports of State Trials in Ireland.
Ril. Ch. Cas. Riley's chancery Cases.
Rob. Adm. REp. Robinson's Admiralty Reports.
Bouvier's Law Dictionary : A1 : Page 47 of 118
Rob. Cas. Robertson's Cases in Parliament, from Scotland.Rob. Dig.
Robert's Digest of the English Statutes in force in Pennsylvania.
Rob. Entr. Robinson's Entries.
Rob. on Fr. Roberts on Frauds.
Rob. on Fraud. Conv. Roberts on Fraudulent Conveyances.
Rob. on Gavelk. Robinson on Gavelkind.
Rob. Lo. Rep. Robinson's Louisiana Reports.
Rob. Just. Robinson's Justice of the Peace.
Rob. Pr. Robinson's Practice in Suits at Law, in Virginia.
Rob. V. Rep. Robinson's (Virginia) Reports.
Rob. on Wills. Robert's Treatise on the Law of Wills and
Codicils.
Roc. Ins. Roccus on Insurance. Vide Ing. Roc.
Rog. Eccl. Law. Rogers' Ecclesiastical law.
Rog. Rec. Roger's City Hall Recorder.
Roll. Rolle's Abridgment.
Roll. R. Rolle's Reports.
Rom. Cr. Law. Romilly's Observations on the Criminal Law of
England, as it relates to capital punishment.
Rop. on H.& W. A Treatise on the Law of Property, arising from
the relation between Hushand and Wife. By R. S. Donnison Roper.
Rop. Leg. Roper on Legacies.
Rop. on Revoc. Roper on Revocations.
Rosc. Roscoe.
Rosc. on Act. Roscoe on Actions relating to Real Property.
Rosc. Civ. Ev. Roscoe's Digest of the Law of Evidence on the
Trial of Actions at Nisi Prius.
Rosc. Cr. Ev. Roscoe on Criminal Evidence.
Rosc. on Bills. Roscoe's Treatise on the Law relating to Bills of
Exchange, Promissory Notes, Banker's Checks, &c.
Rose's R. Rose's Reports of Cases in Bankruptcy.
Ross on V.& P. Ross on the Law of Vendors and Purchasers.
Rot. Parl. Rotulae Parliamentariae.
Rowe's Sci. Jur. Rowe's Scintilla Juris.
Rub. or Rubr. Rubric, (q.v.)
Ruffh. Ruffhead's Statutes at Large.
Runn. Ej. Runnington on Ejectments.
Runn. Stat. Runnington's Statutes at Large.
Rus.& Myl. Russell & Mylne's Chancery Reports.
Rush. Rushworth's Collections.
Russ. Cr. Russell on Crimes and Misdemeanors.
Rus.& Myl. Russell & Mylne's Reports of Cases in Chancery.
Russ. on Fact. Russell on the Laws relating to Factors and
Brokers.
Russ. R. Russell's Reports of Cases in Chancery.
Russ.& Ry. Russell & Ryan's Crown Cases.
Rutherf. Inst. Rutherford's Institutes of Natural Law.
Ry. F. Rymer's Foedera.
Ry.& Mo. Ryan & Moody's Nisi Prius Reports.
Ry.& Mo. C. C. Ryan & Moody's Crown Cases.
Ry. Med. Jur. Ryan on Medical Jurisprudence.
S. §, section.
Bouvier's Law Dictionary : A1 : Page 48 of 118
S. B. Upper Bench.S.& B. Smith & Batty's Reports.
S. C. Same Case.
S. C. C. Select Cases in Chancery.
S. C. Rep. South Carolina Reports.
S.& L. Schoales & Lefroy's Reports.
S.& M. Shaw & Maclean's Reports.
S.& M. Ch. R. Smedes & Marshall's Reports of Cases decided by the
Superior Court of Chancery of Mississippi.
S.& M. Err. & App. Smedes & Marshall's Reports of Cases in the
High Court of Errors and Appeals of Mississippi.
S. P. Same Point.
S.& R. Sergeant & Rawle's Reports.
S.& S. Sausse & Scully's Reports.
S.& S. Simon & Stuart's Chancery Reports.
Sa.& Scul. Sausse & Scully's Reports.
Samdl. St. Pap. Sandler's State Papers.
Salk. Salkeld's Reports.
Sandf. Rep. Reports of Cases argued and determined in the Court
of Chancery of the State of New York, before the Hon. Lewis H.
Sandford, Assistant vice Chancellor of the First Circuit.
Sand. U.& T. Sanders on Uses and Trusts.
Sanf. on Ent. Sanford on Entails.
Sant. de Assoc. Santerna, de Asecurationibus.
Saund. Saunders' Reports.
Saund. Pl. & ev. Saunders' Treatise on the Law of Pleading and
Evidence.
Sav. Saville's Reports.
Sav. Dr. Rom. Savigny, Driot Romain.
Sav. Dr. Rom. M. A. Savigny, Driot Romain au Moyen Age.
Sav. Hist. Rom. Law. Savigny's History of the Roman Law during
the Middle Ages. Translated from the German of Carl Von Savigny,
by E. Cathcart.
Say. Costs. Sayer's Law of Costs.
Say. Sayer's Reports.
SC. Senatus consultum.
Scac. de Cam. Scaddia de Cambiis.
Scam. Rep. Scammon's Reports of Cases argued and determined in
the Supreme Court of Illinois.
Scan. Mag. Scandalum Magnatum.
Sch.& Lef. Schoales & Lefroy's Reports.
Scheiff. Pr. Scheiffer's Practice.
Schul. Aq. R. Schultes on Aquatic Rights.
Sci. Fa. Scire Facias.
Sci. fa. ad. dis. deb. Scire facias ad disprobandum debitum,
(q.v.)
Scil. Scilicet, i.e. scire licet, that is to say.
Sco. N.R. Scott's new Reports.
Scott's R. Scott's Reports.
Scriv. Copyh. Scriven's Copyholds.
Seat. F. Ch. Seaton's Forms in Chancery.
Sec. Section.
Bouvier's Law Dictionary : A1 : Page 49 of 118
Sec. Leg. Secundum legem; according to law.Sec. Reg. Secundum regulam;
according to rule.
Sedgw. on Dam. Sedgwick on Damages.
Sel. Ca. Chan. Select Cases in Chancery. Vide S. C. C.
Seld. mar. Cla. Selden's Mare Clausum.
Self. Tr. Selfridge's Trial.
Sell. Pr. Sellon's Practice in K. B. and C. P.
Selw. N. P. Selwyn's Nisi Prius.
Selw. R. Selwyn's Reports. These Reports are usually cited M.& S.
Maule & Selwyn's Reports.
Sem. or Semb. Semble, it seems.
Sen. Senate.
Seq. Sequentia.
Serg. on Att. Sergeant on the Law of Attachment.
Serg. Const. Law. Sergeant on constitutional Law.
Serg. on Land L. Sergeant on the Land Laws of Pennsylvania.
Serg.& Loub. Sergeant & Lowher's edition of the English Common
Law Reports; more usually cited Eng. Com. Law Rep.
Serg.& Rawle. or S.R. Reports of Cases adjudged in the Supreme
Court of Pennsylvania. By Thomas Sergeant and William Rawle, Jun.
Sess. Ca. Sessions Cases in K. B., chiefly touching Settlements.
Set. on Dec. Seton on Decrees.
Shaw & Macl. Shaw & Maclean's Reports.
Shelf. Lun. Shelford on Lunacy.
Shelf. on Mort. Shelford on the Law of Mortmain.
Shelf. on Railw. Shelford on Railways.
Shelf. on R. Pr. Shelford on Real Property.
Shep. To. Sheppard's Touchstone.
Shepl. R. Shepley's Reports.
Sher. Sheriff.
Show. P. C. Shower's Parliamentary Cases.
Show. R. Shower's Reports in the Court of King's Bench.
Shub. Jur. Lit. Shuback de Jure Littoris.
Sid. Siderfin's Reports.
Sim. Simon's Chancery Reports. In Con. C.R.
Sim.& Stu. Simon & Stuart's Chancery Reports.
Skene, Ver. Sign. Skene de VerborumSignificatione; an
explanation of terms, difficult words, &c.
Skin. Skinner's Reports.
Skirr. Und.Sher. Skirrow's Complete Practical Under Sheriff.
Slade's Rep. Slade's Reports. More usually cited Vermont Reports.
Smed & Marsh. Ch. R. Smedes & Marshall's Reports of Cases decided
by the High Court of Errors and Appeals of Mississippi.
Smith & Batty. Smith & Batty's Reports.
Smith's Ch. RPr. Smith's Chancery Practice.
Shith's For. Med. Smith's Forensic Medicine.
Smith's Hints. Smith's Hints for the Examination of Medical
Witnesses.
Smith on M. L. Smith on Mercantile Law.
Sm. on Pat. Smith on the Law of Patents.
Smith's R. Smith's Reports in K. B., together with Cases in the
Court of Chancery.Sol. Solutio, the answer to an objection.
Bouvier's Law Dictionary : A1 : Page 50 of 118
South. Car. R. South Carolina Reports.
South. R. Southard's Reports.
Sp. of Laws. Spirit of Laws, by Montesquieu.
Spelm. Feuds. Spelman on Feuds.
Spel. Gl. Spelman's Glossary.
Spence on Eq. Jur. of Ch. Spence on the Equitable Jurisdiction of
Chancery.
Spenc. R. Spencer's Reports.
Speers' Eq. Cas. Equity Cases argued and determined in the Court
of Appeals of South Carolina. By R. H. Speers.
Speers' Rep. Speers' Reports.
Ss. usually put in small letters, ss. Scilicet, that is to say.
St. or Stat. Statute.
St. Armand. Hist. Ess. St. Armand's Historical Essay on the
Legislative Power of England.
Stant. R. Stanton's Reports.
Stath. Ab. Statham's Abridgment.
St. Cas. Stillingfleet's Cases.
St. Tr. State Trials.
Stair's Inst. Stair's Inst. Stair's Institutions of the Law of
Scotland.
Stallm. on Elec. & Sat. Stallman on Election and Satisfaction.
Stark. Starkie's Ev. Starkie on the Law of Evidence.
Stark. Cr. Pl. Starkie's Criminal Pleadings.
Stark. R. Starkie's Reports.
Stark. on Sl. Starkie on Slander and Libel.
Stat. Statutes.
Stat. Wes. Statute of Westminster.
Staunf or Staunf. P. C. Staunford's Pleas of the Crown.
Stearn. on R. A. Stearne on Real Actions.
Steph. Comm. Stephen's New Commentaries on the Law of England.
Steph. Cr. Law. Stephen on Criminal Law.
Steph. Pl. Stephen on Pleading.
Steph. Proc. Stephen on Procurations.
Steph. on Slav. Stephens on Slavery.
Stev. on Av. Stevens on Average.
Stev.& B. on Av. Stevens & Beneke on Average.
Stew. Adm. Rep. Stewart's Reports of Cases argued and determined
in the Court of Vice Admiralty at Halifax.
Stew. R. Stewart's Reports.
Stew.& Port's. Stewart & Porter's Reports.
Story on Bail. Story's Commentaries on the Law of Bailments.
Story on Const. Story on the Constitution of the United States.
Story on Eq. Story's Commentaries on Equity Jurisprudence.
Story's L. U. S. Story's edition of the Laws of the United
States, in 3 vols.
The 4th and 5th volumes are a continuation of the same work by
George Sharswood, Esq.
Story on Partn. Story on Partnership.
Story on Pl. Story on Pleading.
Story, R. Story's Reports.
Str. Strange's Reports.
Bouvier's Law Dictionary : A1 : Page 51 of 118
Stracc. de Mer. Straccha de Mercatura, Navibus Assecurationibus.
Strah. Dom. Straham's Translation of Domat's Civil Law.
Strob. R. Strobhart's Reports.
Stroud's Dig. Stroud's Digest of the Laws of Pennsylvania.
Stuart's (L.C.) R. Reports of Caes in the Court of King's bench
in the Provincial Court of Appeals of Lower Canada, and Appeals
before the Lords of the Privy Council. By George O'Kill Stuart,
Esq. Sty. Style's Reports.
Sugd. Lett. Sugden's Letters.
Sugd., Sugd. Pow. Sugden on Powers.
Sugd. Vend. Sugden on Vendors.
Sull. Lect. Sullivan's Lectures on the Feudal Law, and the
Constitution and Laws of England.
Sull. on Land Tit. Sullivan's History of Land Titles in
Massachusetts.
Sum. Summa, the Summary of a law.
Sumn. R. Sumner's Circuit Court Reports.
Supers. Supersedeas.
Supp. Supplement.
Supp. to Ves. Jr. Supplement to Vesey Junior's Reports.
Swan on Eccl. Cts. Swan on the Jurisdiction of Eccleciastical
Courts.
Swanst. Swanston's Reports.
Sweet on Wills. Sweet's Popular Treatise on Wills.
Swift's Dig. Swift's Digest of the Laws of Connecticut.
Swift's Ev. Swift's Evidence.
Swift's Sys. Swift's System of the Laws of Connecticut.
Swinb. Swinburn on the Law of Wills andTestaments. This work is
generally cited by refernce to the part, book, chapter, &c.
Swinb. on Desc. Swinburne on the Law of Descents.
Swinb. on Mar. Swinburne on Marriage.
Swinb. on Spo. Swinburne on Spousals.
Sw. Swinburne on Wills.
Syst. Plead. System of Pleading.
T. Title.
T.& G. Tyrwhitt & Granger's Reports.
T.& P. Turner & PHillips' Reports.
T. Jo. Sir Thomas Jones' Reports.
T. L. Termes de la Ley, or Terms of the Law.
T. R. Term Reports. Ridgeway's Reports are sometimes cited Irish
Tr.
T. R. Teste Rege.
T.& R. Turner & Russell's Chancery Reports.
T.& R. Turner & Russell's Reports.
T. R. E. or T. E. R. Tempore Regis Edwardi. This abbreviation is
frequently used in Domesday Book, and in the more ancient Law
writers. See Tyrrel's Hist. Eng., introd. viii. p. 49.
See also Co. Inst. 86, a,where in a quotation from Domesday Book,
this abbreviation is interpreted Terra Regis Edwardi; but in
Cowell's Dict. verb. Reveland, it is said to be wrong.
Bouvier's Law Dictionary : A1 : Page 52 of 118
T. Raym. Sir Thomas Taymond's Reports.
T. U. P. Chalt. T. U. P. Charlton's Reports.
Tait on Ev. Tait on Evidence.
Taml. on Ev. Tamlyn on Evidence, principally with reference to
the Practice of the Court of Chancery, and in the Master's
office.
Taml. R. Tamlyn's Reports of Cases decided in Chancery.
Taml. T. Y. Tamlyn on Terms for Years.
Tapia. Jur. Mer. Tratade de Jurisprudentia Mercantil.
Taunt. Taunto's Reports. Tayl. on Ev. Taylor on Evidence.
Tayl Cir. L. Taylor's Civil Law.
Tayl. Law glo. Taylor's Law Glossary.
Tayl. L.& T. Taylor's Treatise on the American Law of Landlord
and Tenant.
Tech. Dict. Crabb's Technological Dictionary.
Thach. Crim. Cas. Thacher's Criminal Cases.
Th. Br. Thesaurus brevium.
Th. Dig. Theloall's Digest.
Theo. of Pres. Pro. Theory of Presumptive Proof.
Theo. Pres. Pro. Theory of Presumptive Proof, or an Inquiry into
the Nature of Circumstantial Evidence.
Tho. co. Litt. Coke upon Littleton' newly arranged on the plan of
Sir Matthew Hale's Analysis. By J. H. Thomas, Esq.
Thomp. on Bills. Thompson on Bills.
Tho. U. J. Thomas on Universal Jurisprudence.
Tidd's Pr. Tidd's Practice.
tit. Title.
Toll. Ex. Toller's Executors.
Toml. L. D. Tomlin's Law dictionary.
Toth. Tothill's reports.
Touchs. Sheppard's Touchstone.
Toull. Le Droit civil Francais suivant Pordre du Code; ouvrage
dans lequel on
a tache de reunir la eorie a la practique. Par M. C. B. M.
Toullier. This
work is sometimes cited Toull. Dr. Civ. Fr. liv. 3, t. 2, c. 1,
n. 6; at
other times, 3 Toull. n. 86, which latter signifies vol. 3 of
Toullier's work, No. 86.
Tr. Eq. Treatise of Equity; the same as Fonblanque on Equity.
Traill, Med. Jur. Outlines of a Course of Lectures on Medical
Jurisprudence. By Thomas Stewart Traill, M.D.
Treb. Jur. de la Med. Jurisprudence de la Medecine, de la
Chirurgie, et de la Pharmacie. Par Adolphe Trebuchet.
Trem. Termaine's Pleas of the Crown.
Tri. of 7 Bish. Trial of the Seven Bishops.
Tri. per Pais. Trials per Pais.
Trin. Trinity Term.
Tuck. Bl. Com. Blackstone's Commentaries, edited by Judge Tucker.
Turn. R. Turner's Reports of Cases determined in Chancery.
Turn.& Russ. Turner & Russell's Chancery Reports.
Bouvier's Law Dictionary : A1 : Page 53 of 118
Tuck. Com. Tucker's Commentaries.Turn.& Phil Turner & PHillips' Reports.
Tyl. R. Tyler's Reports.
Tyrw. Tyrwhitt's Exchequer Reports.
Tyrw.& Gra. Tyrwhitt & Granger's Reports.
Tyt. Mil. Law. Tytler's Essay on Military Law and the Practice of
Military Courts Martial.
U.S. United States of America.
U.S. Dig. United States Digest. See Metc.& Perk. Dig.
Ult. Ultimo, ultima, last, usually applied to last title,
paragraph or law.
Umfrev. Off of Cor. Umfreville's Office of Coroner.
Under Sher. Under Sheriff, containing the office and duty of High
Sheriff, Under Sheriffs and Bailiffs.
Ux. et. Et uxor, et uxorem, and wife.
V. Versus, against; as AB. v. CD.
V. Versiculo, in such a verse.
V. Vide, see.
V. or v. Voce; as Spelm Gloss. v. Cancelarious.
V.& B. Vesey & Beames' Reports.
V. C. Vice Chancellor.
Vac. Voce, or Vocem.
V.& S. Vernon & Scriven's Reports.
Val. Com. Valin's Commentaries.
Van. Heyth. Mar. Ev. Van Heythuysen's Essay upon marine Evidence,
in Courts of Law and Equity.
Vand. Jud. Pr. Vanderlinden's Judicial Practice.
Vat. or Vattel. Battle's Law of Nations.
Vang. vaugnan's Reports.
Vend. Ex. Venditioni Exponas.
Ventr. Ventris' Reports.
Verm. R. Vermont Judges' Reports.
Vern. Vernon's Reports.
Vern.& Scriv. Vernon & Scriven's Reports of Cases in the King's
Courts, Dublin.
Verpl. Contr. Verplanck on Contracts.
Verpl. Ev. Verplanck on Evidence.
Ves. Vesey Senior's Reports.
Ves. Jr. Vesey Junior's Reports.
Ves.& Bea. Vesey & Beames' Reports.
Vet. N. B. Old Natura Brevium.
Vid. Vidian's Entries.
Vin. Ab. Viner's Abridgment.
Vin. Supp. Supplement ot Viner's Abridgment.
Vinn. Vinnius.
Viz. Videlicet, that is to say.
Vs. Versus.
W. 1, W. 2. Statutes of Westminster, 1 and2.
W. C. C. R. Washington's Circuit Court Reports.
W.& C. Wilson & Courtenay's Reports.
W. Jo. Sir William Jones' Reports.
W. Kel. William Kelynge's Reports.
W.& M. William and Mary.
Bouvier's Law Dictionary : A1 : Page 54 of 118
W.& M. Rep. Woodbury & Minot's Reports.W.& S. Wilson & Shaw's
Reports of Cases decided in the House of Lords.
Wigr. on Disc. Wigram on Discovery.
Walf. on Part. Walford's Treatise on the Law respecting Parties
to Actions.
Walk. Ch. Ca. Walker's Chancery Cases.
Walk. Am. R. or Walk. Introd. Walker's Introduction to American
Law.
Walk. R. Walker's Reports.
Wall. R. Wallace's Circuit Court Reports.
Ward, on Leg. Ward on Legacies.
Ware's R. Reports of Cases argued and determined in the District
Court of the United States, for the District of Maine.
Warr. L. S. Warren's Law Studies.
Wash. C. C. Washington's Circuit Court Reports.
Washb. R. Washburn's Vermont Reports.
Wat. Cop. Watkin's Copyhold.
Watk. Conv. Watking's Principles of conveyancing.
Wats. Cler. Law. Watson's Clergyman's Law.
Wats. on Arb. Watson on the Law of Arbitrations and Awards.
Wats. on Partn. Watson on the Law of Partnership.
Wats. on Sher. Watson on the Law relating to the office and duty
of Sheriff.
Watt's R. Watt's Reports.
Watts & Serg. Watts & Sergeant's Reports.
Welf. on Eq. Plead. Welford on Equity Pleading.
Wellw. Ab. Wellwood's Abridgment of Sea Laws.
Wend. R. Wendell's Reports.
Wentw. Wentworth.
Wentw. Off. Ex. Wentworth's Office of Executor.
Wentw. Pl. Wentworth's System of Pleading.
Wesk. Ins. Weskett on the Law of Insurance.
West's Parl. Rep. West's parliamentary Reports.
West's Rep. West's Reports of Lord Chancellor Hardwicke.
West's Symb. West's Symboliography, or a description of
instruments and precedents, 2 parts.
Westm. Westminister;
Westm. I. Westminister primer.
Weyt. on Av. Quintin Van Weytsen on Average.
Whart. Cr. Law. Wharton on the Criminal Law of the United States.
Whart. Dig. Wharton's Digest.
Whart. Law Lex. Wharton's Law Lexicon, or Dictionary of
Jurisprudence.
Whart. R. Wharton's Reports.
Wheat. Wheaton.
Wheat. R. Wheatons' Reports.
Wheat. on Capt. Wheaton's Digest of the Law of Maritime Captures
and Prizes.
Wheat. Hist. of L. of N. Wheaton's History of the Law of Nations
in Europe and America.
Wheel. Ab. Wheeler's Abridgments.
Wheel Cr. Cas. Wheeler's Criminal Cases.
Wheel on Slav. Wheeler on Slavery.
Bouvier's Law Dictionary : A1 : Page 55 of 118
Whish. L. D. Whishaw's Law Dictionary.Whit. on Liens. Whitaker on
the Law of Liens.
Whit. on Trans. Whitaker on Stoppage in Transitu.
White's New Coll. A New Collections of the Laws, Charters, and
Local Ordinances of the Governments of Great Britain, France, Spain,
&c.
Whitm. B. L. Whitmarsh's Bankrupt Law.
Wicq. L'Ambassadeur et ses fonctions, par de Wicquefort.
Wightw. Wightwich's Reports in the Exchequer.
Wilc. on Mun. Cor. Wilcock on Municipal Corporations.
Wilc. R. Wilcox's Reports.
Wilk Leg. Ang. Sax. Wilkin's leges Anglo-Saxionicae.
Wilk. on Lim. Wilkinson on Limitations.
Wilk on Publ. Funds. Wilkinson on the Law relating to the Public
Funds, including the Practice of Distringas, &c.
Wilk. on Repl. Wilkinson on the Law of Replevin.
Will. Auct. Williams on the Law of Auctions.
Will. on Eq. Pl. Willis' Treatise on Equity Pleadings.
Will. on Inter. Willis on Interrogatories.
Will. L. D. Williams' Law Dictionary.
Will. Per. Pr. Williams' Principles of the Law of Personal
Property.
Will. (P.) Rep. Peere Williams' Reports.
Willc. Off. of Const. Willcock on the Office of Constable.
Willes' R. Willes' Reports.
Wills on Cir. Ev. Wills on Circumstantial Evidence.
Wils. on uses. Wilson on Springing Uses.
Wilm on Mortg. Wilmot on Mortgages.
Wilm. Judg. Wilmot's NOtes of Opinions and Judgments.
Wils. on Arb. Wilson on Arbitration.
Wils. Ch. R. Wilson's Chancery Reports.
Wils.& Co. Wilson & courtenay's Reports.
Wils. Ex. R. Wilson's Exchequer Reports.
Wils.& Sh. Wilson & Shaw's Reports decided by the House of Lords.
Wils. R. Wilson's Reports.
Win. Winch's Entries.
Win. R. Winch's Reports.
Wing. Max. Wingate's MAxims.
Wins. JUst. Williams' Justice.
Wms. R., more usually, P. Wms. Peere Williams' Reports.
Wolff. Inst. Wolffius Institutiones Juris Naturae.
Wood's Inst., or Wood's Inst. Com.. L. Wood's Institutes of the
Common Law of England.
Wood's Inst. Civ. Law. Wood's Institutes of the Civil Law.
Wood & Min. Rep. Woodbury and Minot's Reports.
Woodes. Wooddesson.
Woodes. El Jur. Woodesson's Elements of Jurisprudence.
Woodes. Lect. Wooddesson's Vinerian Lectures.
Woodf. L. and T. Woodfall on the Law of Landlord and Tenant.
Woodm. R. Woodman's Reports of Criminal Cases tried in the
Municipal Court of the City of Boston.
Wool. Com. L. Woolrych's commercial Law.
Wool. L. W. Woolrych's law of Waters.
Bouvier's Law Dictionary : A1 : Page 56 of 118
Woolr. on Com. Law. Woolrych's Treatise on the Commercial and
Mercantile Law of England.
Wool. on Ways. Woolrych on Ways.
Worth. on Jur. Worthington's Inquiry into the Power of Juries to
decide incidentally on Questions of Law.
Worth. Pre. Wills. Worthington's GeneralPrecedents for Wills,
with practical notes.
Wright's R. Wright's Reports.
Wright, Fr. Soc. Wright on Friendly Societies.
Wright, Ten. Sir Martin Wright's Law of Tenures.
Wy. Pr. Reg. Wyatt's Practical REgister.
X. The decretals of Gregory the ninth are denoted by the letter
X, thus, X.
Y. B. Year Books, (q.v.)
Y.& C. Younge & Collyer's Exchequer Reports.
Y.& C. N. C. Younge & Collyer's New Cases.
Y.& J. Younge & Jervis' Exchequer Reports.
Yeates, R. Yeates' Reports.
Yearb. Year Book.
Yelv. Yelverton's Reports.
Yerg. R. Yerger's Reports.
Yo.& Col. Younge & Collyer's Exchequer Reports.
Yo.& Col. N. C. Younge and Collyer's New Cases.
Yo. Rep. Younge's Reports.
Yo.& Jer. Younge & Jervis' Reports.
Zouch's Adm. Zouch's Jurisdiction of the Admiralty of England,
asserted.
ABBREVIATORS, eccl. law. Officers whose duty it is to assist in
drawing up the Pope's briefs, and reducing petitions into proper
form, to be converted into Papal Bulls. Vide Bulls.
ABBROCHMENT, obsolete. The forestalling of a market or fair.
ABDICATION, government. 1. A simple renunciation of an office,
generally understood of a supreme office. James II. of England;
Charles V. of Germany; and Christiana, Queen of Sweden, are said
to have abdicated. When James III of England left the kingdom,
the Commons voted that he had abdicated the government, and that
thereby the throne had become vacant. The House of Lords
preferred the word deserted, but the Commons thought it not
comprehensive enough, ofr then, the king might have the liberty
of returning. 2. When inferior magistrates decline or surrender
their offices, they are said to make a resignation. (q.v.)
ABDUCTION, crim. law. The carrying away of any person by force
or fraud. This is a misdemeanor punishable by indictment. 1 East,
P.C. 458; 1 Russell, 569. The civil remedies are recaption,
(q.v.) 3 Inst. 134; Hal. Anal. 46; 3 Bl. Com 4; by writ of
habeas corpus; and an action of trespass, Fitz. N. B. 89; 3 Bl.
Com 139, n. 27; Roscoe, Cr. Ev. 193.
ABEARANCE. Behaviour; as, a recognizance to be of good
abearance, signifies to be of good behaviour. 4 Bl. Com.,251,
256.
ABEREMURDER, obsolete. An apparent, plain, or downright murder.
It was used to distinguish a wilful murder, from a chance-medley,
or manslaughter. Spelman; Cowell; Blount.
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TO ABET, crim. law. To encourage or set another on to commit a
crime. This word is always taken in a bad sense. To abet another
to commit a murder, is to command, procure, or counsel him to
commit it. Old Nat. Brev 21; Col Litt. 475.
ABETTOR, crim. law. One who encourages or incites, persuades or
sets another on to commit a crime . Such a person is either a
principal or, an accessory to the crime. When present, aiding,
where a felony is committed, he is guilty as principal in the
second degree ; when absent, "he is merely an accessory. 1.
Russell, 21; 1 Leach 66; Foster 428.
ABEYANCE, estates, from the French aboyer, which in figurative
sense means to expect, to look for, to desire. When there is no
person in esse in whom the freehold is vested, it is said to be
in abeyance, that is, in expectation, remembrance and
contemplation.
- 2. The law requires, however, that the freehold should never,
if possible, be in abeyance. Where there is a tenant of the
freehold, the remainder or reversion in fee may exist for a time
without any particular owner, in which case it is said to be in
abeyance. 9 Serg. & R.. 367; 8 Plowd. 29 a. b 35 a.
- 3. Thus, if sn estate be limited to A for life, remainder to
the right heirs of B, the fee simple is in abeyance during the
life of B, because it is a maxim of law, that nemo est hoeres
viventis. 2 Bl. Com. 107; 1 Cruise, 67-70; 1 Inst. 842, Merlin,
Repertoire, mot Abeyance; 1 Com. Dig. 176; 1 Vin. Abr. 101.
- 4. Another example may be given in the case of a corporation.
When a charter is given, and the charter grants franchises or
property to a corporation which is to be brought into existence
by some future acts of the corporators, such franchises or
property are in abeyance until such acts shall be done, and when
the corporation is thereby brought into life, the franchises
instantaneously attach. 4 Wheat. 691. See, generally, 2 Mass.
500; 7 Mass. 445; 10 Mass. 93; 15 Mass. 464; 9 Cranch, 47.
293; 5 Mass. 555.
ABIDING BY PLEA. English law. A defendant who pleads a frivolous
plea, or a plea merely for the purpose of delaying the suit; or
who for the same purpose, shall file a similar demurrer, may be
compelled by rule in term time, or by a Judge's order in
vacation, either to abide by that plea, or b y that demurrer, or
to plead peremptorily on the morrow; or if near the end of the
term, and in order to afford time for notice of trial, the motion
may be made in court for rule to abide or plead instanter; that
is, within twenty-four hours after rule served, Imp. B.R. 340,
provided that the regular time for pleading be expired. If the
defendant when ruled, do not abide, he can only plead the
general issue; 1 T.R. 693; but he may add notice of set-off.
Ib. 694, n. See 1 Chit. Rep. 565, n.
ABIGEAT, civ. law, A particular kind of larceny, which is
committed not by
taking and carrying away the property from one place to another,
but by driving a living thing away with an intention of
feloniously appropriating the same. Vide Taking.
ABIGEI, civil law. Stealers of cattle, who were punished with
more severity than other thieves. Dig. 47, 14; 4 Bl. Com. 239.
ABJURATION- A renunciation of allegiance to a country by oath.
2. - 1. The act of Congress of the 14th of April, 1802, 2
Story's Laws, U.S. 850, requires that when an alien shall apply
Bouvier's Law Dictionary : A1 : Page 58 of 118
to be admitted a citizen of the United States, he shall declare
on oath or affirmation before the court where the application
shall be made, inter alia, that he doth absolutely and entirely
renounce and abjure all allegiance and fidelity which he owes to
any foreign prince, &c., and particularly, by name, the prince,
&c., whereof he was before a citizen or subject. Rawle on the
Const. 98.
3. - 2. In England t he oath of abjuration is an oath by which
an Englishman binds himself not to acknowledge any right in the
Pretender to the throne of England.
4. - 3 it signifies also, according to 25 Car. H., an oath
abjuring to certain doctrines of the church of Rome.
5. - 4. In the ancient English law it was a renunciation of
one's country and taking an oath of perpetual banishment. A man
who had committed a felony, and for safety
flea to a sanctuary might within forty days' confess the fact,
and take the oath of abjuration and perpetual banishment; he was
then transported. This. was abolished by Stat. 1 Jac. 1, c. 25.
Ayl. Parerg. 14.
ABLEGATI, diplomacy. Papal ambassadors of the second rank, who
are sent with a less extensive commission to a court where there
are no nuncios. This title is equivalent to envoy (q. v.).
ABNEPOS, civil law. The grandson of a grandson or
grand-daughter, or fourth descendant. Abneptis, is the
grand-daughter of a grandson or grand-daughter. These terms are
used in making genealogical tables.
ABOLITION. An act by which a thing is extinguished, abrogated
or annihilated. Merl. Repert, h. t., as, the abolition of slavery
is the destruction of slavery.
2 . In the civil and French law abolition is used nearly
synonymously with pardon, remission, grace. Dig. 39, 4, 3, 3.
There is, however, this difference; grace is the generic term;
pardon, according to those laws, is the clemency which the prince
extends to a man who has participated in a crime, without being a
principal or accomplice; remission is made in cases of
involuntary homicides, and self-defence. Abolition is different:
it is used when the crime cannot be remitted. The prince then may
by letters of abolition remit the punishment, but the infamy
remains, unless letters of abolition have been obtained before
sentence. Encycl. de d'Alembert, h. t.
3. The term abolition is used in the German law in the same
sense as in the French law. Encycl. Amer. h. t. The term
abolition is derived from the civil law, in which it is sometimes
used synonymously with absolution. Dig. 39, 4, 3, 3.
ABORTION, med jur. and criminal law. The expulsion of the
foetus before the seventh mouth of utero-gestation, or before it
is viable. q. v.
2. The causes of this accident are referable either to the
mother, or to the foetus and its dependencies. The causes in the
mother may be: extreme nervous susceptibility, great debility,
plethora, faulty conformation, and the like; and it is
frequently induced immediately by intense mental emotion. The
causes seated in the foetus are its death, rupture of the
membranes, &c.
3. It most frequently occurs between the 8th and 12th weeks of
gestation. When abortion is produced with a malicious design, it
becomes a misdemeanor, at common law, 1 Russell, 553; and the
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party causing it may be indicted and punished.
4. The criminal means resorted to for the purpose of destroying
the foetus, may be divided into general and local. To the first
belong venesection, emetics, cathartics diuretics, emmenagogues
&c. The second embraces all kinds of violence directly applied.
5. When, in consequence of the means used to produce abortion,
the death of the woman ensues, the crime is murder.
6. By statute a distinction is made between a woman quick with
child, (q. v.) and one who, though pregnant, is not so, 1 Bl.
Com. 129. Physiologists, perhaps with reason, think that the
child is a living being from the moment of conception. 1 Beck.
Med. Jur. 291.
General References. 1 Beck, 288 to 331; and 429 to 435; where
will be found an abstract of the laws of different countries, and
some of the states punishing criminal abortion; Roscoe, Cr. Ev.
190; 1 Russ. 553; vilanova y Manes, Materia Criminal Forense,
Obs. 11, c. 7 n. 15-18. See also 1 Briand, Med. Leg. 1 ere
partie, c. 4, where the question is considered, how far abortion
is justifiable, and is neither a crime nor a misdemeanor. See
Alis. Cr. L. of Scot. 628.
ABORTUS. The fruit of an abortion; the child born before its
time, incapable of life. See Abortion; Birth; Breath; Dead
bord; Gestation; Life.
ABOVE. Literally higher in place: But in law this word is
sometimes used to designate the superior court, or one which may
revise proceedings of an inferior court error, from such inferior
jurisdiction. The court of error is called the court above; the
court whose proceedings are to be examined is called the court
below.
2. By bail above, is understood bail to the action entered with
the prothonotary or clerk, which is an appearance. See Bail
above. The bail given to the Sheriff, in civil cases, when the
defendant is arrested on bailable process, is called bail below;
(q.v.) vide Below.
TO ABRIDGE, practice. To make shorter in words, so as to retain
the sense or substance. In law it signifies particularly the
making of a declaration or count shorter, by taking or severing
away some of the substance from it. Brook, tit. Abridgment
ment; Com. Dig. Abridgment; 1 Vin. Ab. 109.
2. Abridgment of the Plaint is allowed even after verdict and
before judgment (Booth on R. A.) in an cases of real actions
where the writ is de lib. ten. generally, as in assize, dower;
&c.; because, after the abridgment the writ is still true, it
being liberum tenementum still. But it is not allowed in a
proecipe quod reddat, demanding a certain number of acres; for
this would falsify the writ. See 2 Saund. 44, (n.) 4 ; Bro. Abr.
Tit. Abr.; 12 Levin's Ent. 76; 2 Saund. 330; Gilb. C. P.
249-253; Thel. Dig. 76, c. 28, pl. 15, lib. 8.
AN ABRIDGMENT. An epitome or compendium of another and larger
work, wherein the principal ideas of the larger work are
summarily contained. When fairly made, it may justly be deemed,
within the meaning of the law, a new work, the publication of
which will not infringe the copyright of the work abridged. An
injunction, however, will be granted against a mere colorable
abridgment. 2 Atk. 143; 1 Bro. C. C. 451; 5 Ves. 709; Lofft's
R. 775; Ambl. 403; 5 Ves. 709.; 1 Story, R. 11. See Quotation.
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2. Abridgments of the Law or Digests of Adjudged Cases, serve
the very useful purpose of an index to the cases abridged, 5 Co.
Rep. 25. Lord Coke says they are most profitable to those who
make them. Co. Lit. in preface to the table -at the end of the
work. With few exceptions, they are not entitled to be considered
authoritative. 2 Wils. R. 1, 2; 1 Burr. Rep. 364; 1 Bl. Rep.
101; 3 T. R. 64, 241. See North American Review, July, 1826, pp.
8, 13, for an account of the principal abridgments.
ABROGATION, in the civil law, legislation. The destruction or
annulling of a former law, by an act of the legislative power, or
by usage. A- law may be abrogated or only derogated from; it is
abrogated when it is totally annulled; it is derogated from when
only a part is abrogated: derogatur legi, cum pars detrahitur;
abrogatur legi, cum prorsus tollitur. Dig lib.. 50, t. 17, 1,
102. Lex rogatur dum fertur; abrogatur dum tollitur; derogatur
eidem dum quoddam ejus caput aboletuer; subrogatur dum aliquid
ei adjicitur; abrogatur denique, quoties aliquid in ea mutatur.
Dupin, Proleg. Juris, Art. iv.
2. Abrogation is express or implied; it is express when it, is
literally pronounced by the new law, either in general terms, as
when a final clause abrogates or repeals all laws contrary to the
provisions of the new one, or in particular terms, as when it
abrogates certain preceding laws which are named.
3. Abrogation is implied when the new law contains provisions
which are positively, contrary to the former laws, without
expressly abrogating such laws: for it is a posteriora derogant
prioribus. 3 N. S. 190; 10 M. R. 172. 560. It is also implied
when the order of things for which the law had been made no
longer exists, and hence the motives which had caused its
enactment have ceased to operate; ratione legis omnino cessante
cessat lex. Toullier, Droit Civil Francais, tit. prel. §11, n.
151. Merlin, mot Abrogation.
ABSCOND. To go in a clandestine manner out of the jurisdiction
of the courts, or to lie concealed in order to avoid their
process.
ABSENTEE. One who is away from his domicil, or usual place of
residence.
2. After an absence of seven years without being heard from,
the presumption of death arises. 2 Campb. R. 113; Hardin's R.
479; 18 Johns. R. 141 15 Mass. R. 805; Peake's Ev. c. 14, s. 1;
2 Stark. Ev. 457 8; 4 Barn. & A. 422; 1 Stark. C. 121 Park on
Ins. 433; 1 Bl. R. 404; Burr v. Simm, 4 Wh. 150; Bradley v.
Bradley, 4 Wh. 173.
3. In Louisiana, when a person possessed of either movable or
immovable property within the state, leaves it, without having
appointed somebody to take care of his estate; or when the
person thus appointed dies, or is either unable or unwilling to
continue to administer that estate, then and in that case, the
judge of the place where the estate is situated, shall appoint a
curator to administer the same. Civ. Code of Lo. art. 50.. In the
appointment of this curator the judge shall prefer the wife of
the absentee to his presumptive heirs, the presumptive heirs to
other relations; the relations to strangers, and creditors to
those who are not otherwise interested, provided, however, that
such persons be possessed of the necessary qualifications. Ib.
art. 51. For the French law on this subject, vide Biret, de
l'Absende; Code Civil, liv. l tit.. 4. Fouss. lib. 13 tit. 4, n.
379-487; Merl. Rep. h. t.;
and see also Ayl. Pand. 269; Dig. 50, 16, 198; Ib. 50, 16, 173;
Ib. 3, 3,,6; Code, 7 32 12.
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ABSOLUTE. Without any condition or encumbrance, as an "absolute
bond," simplex obligatio, in distinction from a conditional bond;
an absolute estate, one that is free from all manner of condition
or incumbrance. A rule is said to be absolute, when, on the
hearing, it is confirmed. As to the effect of an absolute
conveyance, see 1 Pow. Mortg. 125; in relation to absolute
rights, 1 Chitty, PI. 364; 1 Chitty, Pr. 32.
ABSOLUTION. A definite sentence whereby a man accused of any
crime is
acquitted.
ABSQUE HOC, pleading. When the pleadings were in Latin these
words were employed in a traverse. Without this, that, (q. v.)
are now used for the same purpose.
ABSQUE IMPETITIONE VASTI. Without impeachment of waste. (q. v.)
Without any right to prevent waste.
ABSQUE TALI CAUSA. This phrase is used in a traverse de injuria,
by which the plaintiff affirms that without the cause in his plea
alleged he did commit the said trespasses, &c. Gould on PI. c. 7,
part 2, §9.
ABSTENTION, French law. This is the tacit renunciation by an
heir of a suc-
cession Merl. Rep. h.t.
ABSTRACT OF TITLE. A brief account of all the deeds upon which
the title to an estate rests. See Brief of Title.
ABUSE. Every thing which is contrary to good order established
by usage. Merl. Rep. h. t. Among the civilians, abuse has another
signification; which is the destruction of the substance of a
thing in using it. For example, the borrower of wine or grain,
abuses the article lent by using it, because he cannot enjoy it
without consuming it. Leg ; El. Dr. Rom. §414. 416.
ABUTTALS. The buttings and boundings of land, showing on what
other lands, rivers, highways, or other places it does abut. More
properly, it is said, the sides of land, are adjoining and the
ends abutting to the thing contiguous. Vide Boundaries, and Cro.
Jac. 184.
AC ETIAM, Eng. law. In order to give jurisdiction to a court, a
cause of action over which the court has jurisdiction is alleged,
and also,, (ac etiam) another cause of action over which, without
being joined with the first, the court would have no
jurisdiction; for example, to the usual complaint of breaking
the plaintiff's close, over which the court has jurisdiction, a
clause is added containing the real cause of action. This
juridical contrivance grew out of the Statute 13 Charles H. Stat.
2, c. 2. The clause was added by Lord North, Ch. J. of the C. P.
to the clausum fregit writs of that court upon which writs of
capias might issue. He balanced awhile whether he should not use
the words nec non instead of ac etiam. The matter is fully
explained in Burgess on Insolvency, 149. 155. 156. 157.
ACCEDAS AD CURIAM, Eng. law. That you go to court. An original
writ, issuing out of chancery, now of coarse, returnable in K. B.
or C. P. for the removaI of a replevin sued by plaint in court of
any lord, other than the county before the sheriff See F. N. B.
18; Dyer, 169.
ACCEDAS AD VICECOMITEM, Eng. law. The name of a writ directed
to the coroner, commanding him to deliver a writ to the sheriff,
who having a pone delivered to him, suppresses it.
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ACCEPTANCE, contracts. An agreement to receive something which
has been offered.
2. To complete the contract, the acceptance must be absolute
and past recall, 10 Pick. 826; 1 Pick. 278; and communicated to
the party making the offer at the time and place appointed. 4.
Wheat. R. 225; 6 Wend. 103.
3. In many cases acceptance of a thing waives the right which
the party receiving before had; as, for example, the acceptance
of rent after notice to quit, in general waives. the notice. See
Co. Litt. 211, b; Id. 215, a.; and Notice to quit.
4. The acceptance may be express, as when it is openly declared
by the party to be bound by it; or implied, as where the party
acts as if he had accepted. The offer, and acceptance must be in
some medium understood by, both parties; it may be language,
symbolical, oral or written. For example, persons deaf and dumb
may contract by symbolical or written language. At auction sales,
the contract, generally symbolical; a nod, a wink, or some other
sign by one party, imports that he makes an offer, and knocking
down a hammer by the other, that he agrees to it. 3 D. & E. 148.
This subject is further considered under the articles Assent and
Offer, (q v.)
5. Acceptance of a bill of exchange the act by which the drawee
or other person evinces his assent or intention to comply with
and be bound by, the request contained in a bill of exchange to
pay the same; or in other words, it is an engagement to pay the
bill when due. 4 East, 72, It will be proper to consider, 1, by
whom the acceptance ought to be made; 2, the time when it is to
be made; 3, the form of the acceptance; 4, its extent or
effect.
6. - 1. The acceptance must be made by the drawee himself, or
by one authorized by him. On the presentment of a bill, the
holder has a right to insist upon such an acceptance by the
drawee as will subject him at all events to the payment of the
bill, according to its tenor; consequently such drawee must have
capacity to contract, and to bind himself to pay the amount of
the bill, or it, may be treated as dishonored. Marius, 22. See 2
Ad. & EH. N. S. 16, 17.
7. - 2. As to the time when, a bill ought to be accepted, it
may be before the bill is drawn; in this case it must be in
writing; 3 Mass. 1; or it may be after it is drawn; when the
bill is presented, the drawee must accept the bill within
twenty-four hours after presentment, or it should be treated as
dishonored. Chit. Bills, 212. 217. On the refusal to accept, even
within the twenty-four hours, it should be protested. Chit.
Bills, 217. The acceptance may be made after the bill is drawn,
and before it becomes due or after the time appointed for payment
1 H. Bl. 313; 2 Green, R. 339 ; and even after refusal to
accept so as to bind the acceptor.
8. The acceptance may also be made supra protest, which is the
acceptance of the bill, after protest for non-acceptance by the
drawee, for the honor of the drawer, or a particular endorser.
When a bill has been accepted supra protest for the honor of one
party to the bill, it may be accepted supra protest, by another
individual, for the honor of another. Beawes, tit. Bills of
Exchange, pl. 52; 5 Campb. R. 447.
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9. - 3. As to the form of the acceptance, it is clearly
established it may be in writing on the bill itself, or on
another paper, 4 East, 91; or it may be verbal, 4 East, 67; 10
John. 207; 3 Mass. 1; or it may be expressed or implied.
10. An express acceptance is an agreement in direct and express
terms to pay a bill of exchange, either by the party on whom it
is drawn, or by some other person, for the honor of some of the
parties. It is Usually in the words accepted or accepts, but
other express words showing an engagement to pay the bill will be
equally binding.
11. An implied acceptance is an agreement to pay a bill, not by
direct and express terms, but by any acts of the party from which
an express agreement may be fairly inferred. For example, if the
drawee writes "seen," "presented," or any, other thing upon it,
(as the day on which it becomes due,) this, unless explained by
other circumstances, will constitute an acceptance.
12. - 4. An acceptance in regard to its extent and effect, may
be either absolute, conditional, or partial.
13. An absolute acceptance is a positive engagement to pay the
bill according to its tenor, and is usually made by writing on
the bill " accepted," and subscribing the drawee's name; or by
merely writing his name either at the bottom or across the bill.
Comb. 401; Vin. Ab. Bills of Exchange, L 4; Bayl. 77; Chit.
Bills, 226 to 228. But in order to bind another than the drawee,
it is requisite his name should appear. Bayl. 78.
14. A conditional acceptance is one which will subject the
drawee or acceptor to the payment of the money on a contingency,
Bayl. 83, 4, 5; Chit. Bills, 234; Holt's C. N. P. 182; 5
Taunt, 344; 1 Marsh. 186. The holder is not bound to receive
such an acceptance, but if he do receive it he must observe its
terms. 4 M.& S. 466; 2 W. C. C. R. 485; 1 Campb. 425.
15. A partial acceptance varies from the tenor of the bill, as
where it is made to pay part of the sum for which the bill is
drawn, 1 Stra. 214; 2 Wash. C. C. R. 485; or to pay at a
different time, Molloy, b. 2, c. 10, s. 20; or place, 4. M.& S.
462.
ACCEPTILATION, contracts. In the civil law, is a release made
by a creditor to his debtor of his debt, without receiving any
consideration. Ayl. Pand. tit. 26, p. 570. It is a species of
donation, but not subject to the forms of the latter, and is
valid, unless in fraud of creditors. Merlin, Repert. de Jurisp.
h. t. Acceptilation may be defined verborum conceptio qua
creditor debitori, quod debet, acceptum fert; or, a certain
arrangement of words by which on the question of the debtor, the
creditor, wishing to dissolve the obligation, answers that he
admits as received, what in fact, he has not received. The
acceptilation is an imaginary payment. Dig. 46, 4, 1 and 19;
Dig. 2, 14, 27, 9; Inst. 3, 30, 1.
ACCEPTOR, contracts. The person who agrees to pay a bill of
exchange drawn upon him. There cannot be two separate acceptors
of a bill of exchange, e. g. an acceptance by the drawee, and
another for the honor of some party to the bill. Jackson v.
Hudson, 2 Campb. N. P. C. 447.
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2. The acceptor of a bill is the principal debtor, and the
drawer the surety. He is bound, though he accepted without
consideration, and for the sole accommodation of the drawer. By
his acceptance he admits the drawer's handwriting, for, before
acceptance it was incumbent upon him to inquire into the
genuineness of the drawer's handwriting. 3 Burr. 1354; 1 Bla.
Rep. 390, S. C.; 4 Dall. 234; 1 Binn. 27, S. C. When once made,
the obligation of the acceptor is irrevocable. As to what amounts
to an acceptance, see ante, Acceptance; Chitty on Bills, 242,
et. seq.; 3 Kent, Com. 55, 6; Pothier, Traite du Contrat de
Change, premiere part. n. 44.
3. The liability of the acceptor cannot in general be released
or discharged, otherwise than by payment, or by express release
or waiver, or by the act of limitations. Dougl. R. 247. What
amounts to a waiver and discharge of the acceptor's liability,
must depend on the circumstances of each particular case. Dougl.
236, 248; Bayl. on Bills, 90; Chitty on Bills, 249.
ACCEPTOR SUPRA PROTEST, in contracts, is a third person, who,
after protest for non-acceptance by the drawee, accepts the bill
for the honor of the drawer, or of the particular endorser.
2. By this acceptance he subjects himself to the same
obligations as if the bill had been directed to him. An acceptor
supra protest has his remedy against the person for whose honor
he accepted, and against all persons who stand prior to that
person. If he takes up the bill for the honor of the endorser, he
stands in the light of an endorsee paying full value for the
bill, and has the same remedies to which an endorsee would be
entitled against all prior parties, and he can, of course, sue
the drawer and endorser., 1 Ld. Raym. 574; 1 Esp. N. P. Rep.
112; Bayly on Bills, 209; 3 Kent. Com. 57; Chitty on Bills,
312. The acceptor supra protest is required to give the same
notice, in order to charge a party, which is necessary to be
given by other holders. 8 Pick. 1. 79; 1 Pet. R. 262. Such
acceptor is not liable, unless demand of payment is made on the
drawee, and notice of his refusal given. 3 Wend. 491.
ACCESS, persons. Approach, or the means or power of
approaching. Sometimes by access is understood sexual
intercourse; at other times the opportunity of communicating
together so that sexual intercourse may have taken place, is also
called access. 1 Turn. & R. 141.
2. In this sense a man who can readily be in company with his
wife, is said to have access to her; and in that case, her issue
are presumed to be his issue. But this presumption may be
rebutted by positive evidence that no sexual intercourse took
place. lb.
3. Parents are not allowed to prove non-access, for the purpose
of bastardizing the issue of the wife; nor will their
declarations be received after their deaths, to prove the want of
access, with a like intent. 1 P. A. Bro. R. App. xlviii.; Rep.
tem. Hard. 79; Bull. N. P. 113; Cowp. R. 592; 8 East, R. 203;
11 East, R. 133. 2 Munf. R. 242; 3 Munf. R. 599; 7 N. S. 553;
4 Hayw R. 221, 3 Hawks, R 623 1 Ashm. R. 269; 6 Binn. R. 283; 3
Paige's R. 129; 7 N. S. 548. See Shelf. on Mar. & Div. 711; and
Paternity.
ACCESSARY, criminal law. He who is not the chief actor in the
perpetration of the offence, nor present at its performance, but
is some way concerned therein, either before or after the fact
committed.
2. An accessary before the fact, is one who being absent at the
time of, the crime committed, yet procures, counsels, or commands
another to commit it. 1 Hale, P. C. 615. It is, proper to observe
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that when the act is committed through the agency of a person who
has no legal discretion nor a will, as in the case of a child or
an insane person, the incitor, though absent when the crime was
committed, will be considered, not an accessary, for none can be
accessary to the acts of a madman, but a principal in the first
degree. Fost. 340; 1 P. C. 118.
3. An accessary after the fact, is one who knowing a felony to
have been committed, receives, relieves, comforts, or assists the
felon. 4 Bl. Com. 37.
4. No one who is a principal (q. v.) can be an accessary.
5. In certain crimes, there can be no accessaries; all who are
concerned are principals, whether they were present or absent at
the time of their commission. These are treason, and all offences
below the degree of felony. 1 Russ. 21, et seq.; 4 Bl. Com. 35
to 40; 1 Hale, P. C. 615; 1 Vin. Abr. 113; Hawk. P. C. b. 2,
c. 29, s. 16; such is the English Law. But whether it is law
in the United States appears not to be determined as regards the
cases of persons assisting traitors. Serg. Const. Law, 382; 4
Cranch, R. 472, 501; United States v. Fries, Parnphl. 199.
6. It is evident there can be no accessary when there is no
principal; if a principal in a transaction be not liable under
our laws, no one can be charged as a more accessary to him. 1 W.&
M. 221.
7. By the rules of the common law, accessaries cannot be tried
without their consent, before the principals. Foster, 360. The
evils resulting from this rule, are stated at length in the 8th
vol. of Todd's Spencer, pp. 329, 330.
ACCESSION, property. The ownership of a thing, whether it be
real or personal, movable or immovable, carries with it the right
to all that the thing produces, and to all that becomes united to
it, either naturally or artificially; this is called the right
of accession.
2. -1. The doctrine of property arising from accession, is
grounded on the right of occupancy.
3. - 2. The original owner of any thing which receives an
accession by natural or artificial means, as by the growth of
vegetables, the pregnancy of animals; Louis. Code, art. 491;
the embroidering of cloth, or the conversion of wood or metal
into vessels or utensils, is entitled to his right of possession
to the property of it, under such its state of improvement; 5 H.
7, 15; 12 H. 8, 10; Bro. Ab. Propertie, 23; Moor, 20; Poph.
88. But the owner must be able to prove the identity of the
original materials; for if wine, oil, or bread, be made out of
another man's grapes, olives, or wheat, they belong to the new
operator, who is bound to make satisfaction to the former
proprietor for the materials which he has so converted. 2 Bl.
Com. 404; 5 Johns. Rep. 348; Betts v. Lee, 6 Johns. Rep. 169;
Curtiss v. Groat, 10 Johns. 288; Babcock v. Gill, 9 Johns. Rep.
363; Chandler v. Edson, 5 H. 7, 15; 12 H. 8, 10; Fits. Abr.
Bar. 144; Bro. Abr. Property, 23; Doddridge Eng. Lawyer, 125,
126, 132, 134. See Adjunction; Confusion of Goods. See
Generally, Louis. Code, tit. 2, c. 2 and 3.
ACCESSION, international law, is the absolute or conditional
acceptance by one or several states, of a treaty already
concluded between one or several states, of a traty already
concluded between other sovereignties. Merl. Rep. mot Accession.
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ACCESSORY, property. Everything which is joined to another
thing, as an ornament, or to render it more perfect, is an
accessory, and belongs to the principal thing. For example, the
halter of a horse, the frame of a picture, the keys of a house,
and the like; but a bequest of a house would not carry the
furniture in it, as accessory to it. Domat, Lois Civ. Part. 2,
liv. 4, tit. 2, s. 4, n. 1. Accesiorium non ducit, sed sequitur
principale. Co. Litt. 152, a. Co. Litt. 121, b. note (6). Vide
Accession; Adjunction; Appendant; Appurtenances; Appurtenant;
Incident.
ACCESSORY CONTRACT. oNE MADE FOR assuring the performance of a
prior contract, either by the same parties, or by others; such
as suretyship, mortgages, and pledges.
2. It is a general rule, that payment of the debt due, or the
performance of a thing required to be performed by the first or
principal contract, is a full discharge of such accessory
obligation. Poth. Ob. part. 1, c. 1, s. 1, art. 2, n. 14. Id. n.
182, 186. See 8 Mass. 551; 15 Mass. 233; 17 Mass. 419; 4 Pick.
11; 8 Pick. 522.
3. An accessory agreement to guaranty an original contract,
which is void, has no binding effect. 6 Humph. 261.
ACCIDENT. The happening of an event without the concurrence of
the will of the person by whose agency it was caused or the
happening of an event without any human agency; the burning of a
house in consequence of a fire being made for the ordinary
purpose of cooking or warming the house, which is an accident of
the first kind; the burning of the same house by lightning would
have been an accident of the second kind. 1 Fonb. Eq. 374, 5,
note.
2. It frequently happens that a lessee covenants to repair, in
which case he is bound to do so, although the premises be burned
down without his fault. 1 Hill. Ab. c. 15, s. 76. But if a
penalty be annexed to the covenant, inevitable accident will
excuse the former, though not the latter. 1 Dyer, 33, a. Neither
the landlord nor the tenant is bound to rebuild a house burned
down, unless it has been so expressly agreed. Amb. 619; 1 T. R.
708; 4-Paige, R. 355; 6 Mass. R. 67; 4 M'Cord, R. 431; 3
Kent, Com. 373.
3. In New Jersey, by statute, no action lies against any person
on the ground that a fire began in a house or room occupied by
him, if accidental. But this does not affect any covenant. 1 N.
J. Rev. C. 216.
ACCIDENT, practice. This term in chancery jurisprudence,
signifies such unforeseen events, misfortunes, losses, acts or
omissions, as are not the result of any negligence or misconduct
in the party. Francis' Max. M. 120, p. 87; 1 Story on Eq. §78.
Jeremy defines it as used in courts of equity, to be " an
occurrence in relation to a contract, which was not anticipated
by the parties, when the same was entered into, and which gives
an undue advantage to one of them over the other in a court of
law." Jer. on Eq. 358. This definition is objected to, because as
accident may arise in relation to other things besides contracts,
it is inaccurate in confining accidents to contracts; besides,
it does not exclude cases of unanticipated occurrences, resulting
from the negligence or misconduct of the party seeking relief. 1
Story on Eq. § 78, note 1.
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2. In general, courts of equity will relieve a party who cannot
obtain justice in consequence of an accident, which will justify
the interposition of a court of equity. The jurisdiction being
concurrent, will be maintained only, first, when a court of law
cannot grant suitable relief; and, secondly, when the party has
a conscientious title to relief.
3. Many accidents are redressed in a court of law; as loss of
deeds, mistakes in receipts and accounts, wrong payments, death,
which makes it impossible to perform a condition literally, and a
multitude of other contingencies; and many cannot be redressed
even in a court of equity; is if by accident a recovery is ill
suffered, a contingent remainder destroyed, or a power of leasing
omitted in a family settlement. 3 Bl. Comm. 431. Vide, generally,
Com. Dig. Chancery, 3 F 8; 1 Fonb. Eq. B. 1, c. 3, s. 7; Coop.
Eq. PI. 129; 1 Chit. Pr. 408; Harr. Ch. Index, h. t.; Dane's
Ab. h. t.; Wheat. Dig. 48; Mitf. Pl. Index, h. t.; 1 Madd. Ch.
Pr. 23; 10 Mod. R. 1, 3; 3 Chit. Bl. Com. 426, n.
ACCOMENDA, mar. law. In Italy, is a contract which takes place
when an individual entrusts personal property with the master of
a vessel, to be sold for their joint account. In such case, two
contracts take place; first, the contract called mandatum, by
which the owner of the property gives the master power to dispose
of it, and the contract of partnership, in virtue of which, the
profits are to be divided between them. One party runs the risk
of losing his capital, the other his labor. If the sale produces
no more than first cost, the owner takes all the proceeds; it is
only the profits which are to be divided. Emer. on Mar. Loans, B.
5.
ACCOMODATION, com. law. That which is done by one merchant or
other person for the convenience of some other, by accepting or
endorsing his paper, or by lending him his notes or bills.
2. In general the parties who have drawn, endorsed or accepted
bills or other commercial paper for the accommodation, of others,
are, while in the hands of a holder who received them before they
became due, other than the person for whom the accomodation was
given, responsible as if they had received full value. Chit.
Bills, 90; 91. See 4 Cranch, 141; 1 Ham. 413; 7 John. 361; 15
John. 355, 17 John. 176; 9 Wend. 170; 2 Whart. 344; 5 Wend.
566; 8 Wend. 437; 2 Hill, S. C. 362; 10 Conn. 308; 6 Munfd.
381.
ACCOMMODATION, contracts. An amicable agreement or composition
between two contending parties. It differs from accord and
satisfaction, which may take place without any difference having
existed between the parties.
ACCOMPLICE, crim. law. This term includes in its meaning, all
persons who have been concerned in the commission of a crime, all
particepes crimitis, whether they are considered in strict legal
propriety, as principals iu the first or second degree, or merely
as accessaries before or after the fact. Foster, 341; 1 Russell,
21; 4 Bl. Com. 331; 1 Phil. Ev. 28; Merlin, Repertoire, mot
Complice. U. S. Dig. h. t.
2. But in another sense, by the word accomplice is meant, one
who not being a principal, is yet in some way concerned in the
commission of a crime. It has been questioned, whether one who
was an accomplice to a suicide can be punishhed as such. A case
occurred in Prussia where a soldier, at the request of his
comrade, had cut the latter in pieces; for this he was tried
capitally. In the year 1817, a young woman named Leruth received
a recompense for aiding a man to kill himself. He put the point
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of a bistouri on his naked breast, and used the hand of the young
woman to plunge it with greater force into his bosom; hearing
some noise he ordered her away. The man receiving effectual aid
was soon cured of the wound which had been inflicted; and she
was tried and convicted of having inflicted the wound, and
punished by ten years' imprisonment. Lepage, Science du Driot,
ch. 2 art. 3, §5. The case of Saul, the king of Israel, and his
armor bearer, (1 Sam. xxxi. 4,) and of David and the Amelekite,
(2 Sam. i. 2-16,) will doubtless occur to the reader.
ACCORD, in contracts. A satisfaction agreed upon between the
party injuring and the party injured, which when performed is a
bar to all actions upon this account. 3 Bl. Com. 15; Bac. Abr,
Accord.
2. In order to make a good accord it is essential: -
1. That the accord be legal. An agreement to drop a criminal
prosecution as a satisfaction for an assault and imprisonment, is
void. 5 East, 294. See 2 Wils. 341 Cro. Eliz. 541.
3. - 2. It must be advantageous to the contracting party;
hence restoring to the plaintiff his chattels, or his land, of
which the defendant has wrongfully dispossessed him, will not be
any consideration to support a promise by the plaintiff not to
sue him for those injuries. Bac. Abr. Accord, &c. A; Perk. s.
749; Dyer, 75; 5 East, R. 230; 1 Str. R. 426; 2 T. R. 24; 11
East, R. 390; 3 Hawks, R. 580; 2 Litt. R. 49; 1 Stew. R. 476;
5 Day, R. 360; 1 Root, R. 426; 3 Wend. R. 66; 1 Wend, R. 164;
14 Wend. R. 116; 3 J. J. Marsh. R. 497.
4. - 3. It must be certain; hence an agreement that the
defendant shall relinquish the possession of a house in
satisfaction, &c., is not valid, unless it is also agreed at what
time it shall be relinquished. Yelv. 125. See 4 Mod. 88; 2
Johns. 342; 3 Lev. 189.
6. - 4. The defendant must be privy to the contract. If
therefore the consideration for the promise not to sue proceeds
from another, the defendant is a stranger to the agreement, and
the circumstance that the promise has been made to him will be of
no avail. Str. 592; 6, John. R. 37; 3 Monr. R. 302 but in such
case equity will grant relief by injunction. 3 Monr. R. 302; 5
East, R. 294; 1 Smith's R. 615; Cro. Eliz. 641; 9 Co. 79, b;
3 Taunt. R. 117; 5 Co. 117, b.
6. - 5. The accord must be executed. 5 Johns. R. 386; 3 Johns.
Cas. 243; 16 Johns. R. 86; 2 Wash. C. C. R. 180; 6 Wend. R.
390; 5 N. H. Rep. 136; Com. Dig. Accord, B 4.
7. Accord with satisfaction when completed has two effects; it
is a payment of the debt; and it is a species of sale of the
thing given by the debtor to the creditor, in satisfaction; but
it differs from it in this, that it is not valid until the
delivery of the article, and there is no warranty of the thing
thus sold, except perhaps the title; for in regard to this, it
cannot be doubted, that if the debtor gave on an accord and
satisfaction the goods of another, there would be no
satisfaction. See Dation, en paiement.
See in general Com. Dig. h. t.; Bac. Ab. h. t.; Com. Dig.
Pleader, 2 V 8; 5 East, R. 230; 4 Mod. 88 ; 1 Taunt. R. 428;
7 East, R. 150; 1 J. B. Moore, 358, 460; 2 Wils. R. 86; 6 Co.
43, b; 3 Chit. Com. Law, 687 to 698; Harr. Dig. h. t.; 1 W.
Bl. 388; 2 T. R. 24; 2 Taunt. 141; 3 Taunt. 117; 5 B.& A.
886; 2 Chit. R. 303 324; 11 East, 890; 7 Price, 604; 2
Greenl. Ev. § 28; 1 Bouv. Inst. n. 805; 3 Bouv. Inst. n.
2478-79-80-81. Vide Discharge of Obligations.
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ACCOUCHEMENT. The act of giving birth to a child. It is
frequently important to prove the filiation of an individual;
this may be done in several ways. The fact of the accouchement
may be proved by the direct testimony of one who was present, as
a physician, a midwife, or other person. 1 Bouv. Inst. u. 314.
ACCOUNT, remedies. This is the name of a writ or action more
properly called account render.
2. It is applicable to the, case of an unliquidated demand,
against a person who is chargeable as bailiff or receiver. The
use of it, is where the plaintiff wants an account and cannot
give evidence of his right without it. 5 Taunt. 431 It is
necessary. where the receipt was directed to a merchandising
which makes all uncertainty of the nett remain, till the account
is finished; or where a man is charged as bailiff, whereupon the
certainty of his receipt appears not till account. Hob. 209.;
See also 8 Cowen, R. 304; 9 Conn. R. 556;
2 Day, R. 28; Kirby, 164; 3 Gill & John. 388; 3 Verm. 485; 4
Watts, 420; 8 Cowen, 220. It is also the proper remedy by one
partner against another. 15 S. & R. 153 3 Binn. 317; 10 S. & R.
220; 2 Conn. 425; 4 Verm. 137; 1 Dall. 340; 2 Watts 86.
3. The interlocutory judgment in this action is (quod computet)
that the defendant render an account upon which judgment auditors
are assigned to him to hear and report his account. (See I
Lutwych, 47; 3 Leon. 149, for precedents) As the principal
object of the action is to compel a settlement of the account in
the first instance, special bail cannot be demanded, (2 Roll.
Rep. 53; 2 Keble, 404,) nor are damagos awarded upon the first
judgment, nor given except ratione interplacitationis, (Cro.
Eliz. 83; 5 Binn. 664; 24 Ed. 3. 16;
18 Ed. 3. 55; Reg. Brev. 136 b,) although it is usual to
conclude the count with a demand of damages. (Lib. Int. fo. 16.
fo. 20; 1 Lutw. 51. 58; 2 H. 7. 13.) The reason assigned for
this rule, is, that it may be the defendant will not be found in
arrears after he has accounted, and the court cannot know until
the settlement of the account whether the plaintiff has been
endamaged or not. 7 H. 6. 38.
4. This action combines the properties of a legal and equitable
action. The proceedings up to the judgment quod computet, and
subsequent to the account reported by the auditors are conducted
upon the principles of the common law. But the account is to be
adjusted upon the most liberal principles of equity and, good
faith. (Per Herle, Ch. J. 3 Ed. 3. 10.) The court it is said are
judges of the action - the auditors of the account, Bro. Ab. Ace.
48, and both are judges of record, 4 H. 6. 17; Stat. West. 2. c.
11. This action has received extension in Pennsylvania. 1 Dall.
339, 340.
5. The fist judgment (quod computet) is enforeed by a capias ad
computandum where defendant refuses to appear before the
auditors, upon which he may be held to bail, or in default of
bail be made to account in prison. The final judgment quod
recuperet is enforeed by fi. fa. or such other process as the law
allows for the recovery of debts.
6. If the defendant charged as bailiff is found in surplusage,
no judgment oan be entered thereon to recover the amount so found
in his favor against the plaintiff, but as the auditors are
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judges of record, he may bring an action of debt, or by some
authorities a sci. fac. against the plaintiff, whereon he may
have judgment and execution against the plaintiff. See Palm. 512;
2 Bulst. 277-8; 1 Leon. 219; 3 Keble Rep. 362; 1 Roll. Ab.
599, pl. 11; Bro. Ab. Acc. 62; 1 Roll. Rep. 87. See Bailiff, in
account render.
7. In those states where they have courts of chancery, this
action is nearly superseded by the better remedy which is given
by a bill in equity, by which the complainant can elicit a
discovery of the acts from the defendant under his oath, instead
of relying merely on the evidence he may be able to produce. 9
John. R. 470; 1 Paige, R. 41; 2 Caines' Cas. Err. 38, 62; 1 J.
J. Marsh. R. 82; Cooke, R. 420; 1 Yerg. R. 360; 2 John. Ch. R.
424; 10 John. R. 587; 2 Rand. R. 449; 1 Hen. & M9; 2 M'Cord's
Ch. R. 469; 2 Leigh's R. 6.
8. Courts of equity have concurrent jurisdiction in matters of
account with courts of law, and sometimes exclusive jurisdiction
at least in some respects: For example; if a plaintiff be
entitled to an account, a court of equity will restrain the
defendant from proceeding in a claim, the correctness of which
cannot be ascertained until the account be taken; but not where
the subject is a matter of set-off. 1 Sch. & Lef. 309; Eden on
Injunct. 23, 24.
9. When an account has voluntarily been stated between parties,
an action of assumpsit may be maintained thereon. 3 Bl. Com. 162;
8 Com. Dig. 7; 1 Com. Dig. 180; 2 Ib. 468; 1 Vin. Ab. 135;
Bac. Ab. h. t.; Doct. Pl. 26; Yelv. 202; 1 Supp. to Ves. Jr,
117; 2 Ib. 48, 136. Vide 1 Binn. R. 191; 4 Dall. R. 434;
Whart. Dig. h. t. ; 3 Wils. 73, 94; 8 D.& R. 596; Bull. N. P.
128; 5 Taunt. 431; U. S. Dig. h. t.; 2 Greenl. Ev. § 34-39.
ACCOUNT, practice. A statement of the receipts and payments of
an executor, administrator, or other trustee, of the estate
confided to him.
2. Every one who administers the affairs of another is required
at the end of his administration to render an account of his
management of the same. Trustees of every description can, in
general, be compelled by courts of chancery to settle accounts,
or otherwise fully execute their trusts. Where there are no
courts of chancery, the courts of common law are usually invested
with power for the same purposes by acts of legislation. When a
party has had the property of another as his agent, he may be
compelled at common law to account by an action of account
render.
3. An account is also the statement of two merchants or others
who have dealt together, showing the debits and credits between
them.
ACCOUNT-BOOK. A book kept by a merchant, trader, mechanic, or
other person, in which are entered from time to time the
transactions of his trade or business. Vide Books; Entry;
Original entry.
ACCOUNT CURRENT. A running or open account between two persons.
ACCOUNT IN BANK, com. law. 1: A fund which merchants, traders
and others have deposited into the common cash of some bank, to
be drawn out by checks from time to time as the owner or
depositor may require. 2. The statement of the amount deposited
and drawn, which is kept in duplicate, one in the depositor's
bank book, and the other in the books of the bank.
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ACCOUNT STATED. The settlement of an account between the parties,
by which a balance is struck in favor of one of them, is called
an account stated.
2. An acknowledgnaent of a single item of debt due from the
defendant to the plaintiff is sufficient to support a count on an
account stated. 13 East, 249; 5 M.& S. 65.
3. It is proposed to consider, 1st, by whom an account may, be
stated; 2d, the manner of stating the account; 3d, the
declaration upon such, an account; 4th, the evidence.
4. 1. An account may be stated by a man and his wife of the one
part, and a third person; and unless there is an express promise
to pay by the hushand, Foster v. Allanson, 2 T. R. 483, the
action must be brought against hushand and wife. Drue v. Thorne,
Aleyn, 72. A plaintiff cannot recover against a defendant upon an
account stated by him, partly as administrator and partly in his
own private capacity. Herrenden v. Palmer, Hob. 88. Persons
wanting a legal capacity to make a contract cannot, in general,
state an account; as infants, Truman v. Hurst, 1 T. R. 40; and
persons non compos mentis.
5. A plaintiff may recover on an account stated with the
defendant, including debts due from the defendant alone, and from
the defendant and a deceased partner jointly. Riebards v.
Heather, 1 B.& A. 29, and see Peake's Ev. 257. A settlement
between partners, and striking a balance, will enable a plaintiff
to maintain an action on such stated account for the balance due
him, Ozeas v. Johnson, 4 Dall. 434; S. C. 1 Binn. 191; S. P.
Andrews v. Allen, 9 S. & R. 241; and see Lamelere v Caze, 1 W.
C.C.R. 435.
6. - 2. It is sufficient, although the account be stated of
that which is due to the plaintiff only without making any
deduction for any counter-claim for the defendant, Styart v.
Rowland, 1 Show. 215. It is not essential that there should be
cross demands between the parties or that the defendant's
acknowledgment that a certain sum was due from him to the
plaintiff, should relate to more than a single debt, or
transaction. 6 Maule & Selw. 65; Knowles et al. 13 East, 249.
The acknowledgment by the defendant that a certain sum is due,
creates an implied promise to pay the amount. Milward v.
Ingraham, 2 Mod. 44; Foster v. Allanson, 2 T. R. 480.
7. - 3. A count on an account stated is almost invariably
inserted in declarations in assumpsit for the recovery of a
pecuniary demand. See form, 1 Chit. PI. 336. It is advisable,
generally, to insert such a count, Milward, v. Ingraham, 2 Mod.
44; Trueman v. Hurst, 1 T. R. 42; unless the action be against
persons who are incapable in law to state an account. It is not
necessary to set forth the subject-matter of the original debt,
Milward v. Ingraham, 2 Mod. 44; nor is the sum alleged to be due
material. Rolls v. Barnes, 1 Bla. Rep. 65; S. C. 1 Burr. 9.
8. - 4. The count upon an account stated, is supported by
evidence of an acknowledgment on the part of the defendant of
money due to the plaintiff, upon an account between them. But the
sum must have been stated between the parties; it is not
sufficient that the balance may be deduced from partnership
books. Andrews v. Allen, 9 S.&. R. 241. It is unnecessary to
prove the items of which the account consists; it is sufficient
to prove some existing antecedent debt or demand between the
parties respecting which an account was stated, 5 Moore, 105; 4
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B.& C. 235, 242; 6 D.& R. 306; and that a balance was struck
and agreed upon; Bartlet v. Emery, 1 T. R. 42, n; for the
stating of the account is the consideration of the promise. Bull.
N. P. 129. An account stated does not alter the original debt;
Aleyn, 72; and it seemsnot to be conclusive against the party
admitting the balance against him. 1 T. R. 42. He would probably
be allowed to show a gross error or mistake iu the account, if he
could adduce clear evidence to that effect. See 1 Esp. R. 159.
And see generally tit. Partner's; Chit. Contr. 197; Stark. Ev.
123; 1 Chit. Pl. 343.
9. In courts of equity when a bill for an account has been
filed, it is a good defence that the parties have already in
writing stated and adjusted the items of the account, and struck
a balance; for then an action lies it law, and there is no
ground for the interference of a court of equity. 1 Atk. 1; 2
Freem. 62; 4 Cranch, 306; 11 Wheat. 237; 9 Ves. 265; 2 Bro.
Ch. R. 310; 3 Bro. Ch. R. 266; 1 Cox, 435.
10. But if there has been any mistake, ommision, fraud, or
undue advantage, by which the account stated is in fact vitiated,
and the balance incorrectly fixed, a court of equity will open
it, and allow it to be re-examined; and where there has been
gross fraud it will direct the whole account to be opened, and
examined de novo. Fonbl. Eq. b. 1, c. 1 §3, note (f); 1 John.
Ch. R. 550.
11. Sometimes the court will allow the account to stand, with
liberty to the plaintiff to surcharge and falsify it; the effect
of this is, to leave the account in full force and vigor, as a
stated account, except so far as it can be impugned by the
opposing party. 2 Ves. 565; 11 Wheat. 237. See Falsification;
Surcharge.
ACCOUNT OF SALES. comm. law. An account delivered by one
merchant or tradesman to another, or by a factor to his
principal, of the disposal, charges, commissions and net proceeds
of certain merchandise consigned to such merchant, tradesman or
factor, to be sold.
ACCOUNTANT. This word has several significations: 1. One who is
versed in accounts; 2. A person or officer appointed to keep the
accounts of a public company; 3. He who renders to another or to
a court a just and detailed statement of the administration of
property which he holds as trustee, executor, admnistrator or
guardian. Vide 16 Vin. Ab. 155.
ACCOUPLE. To accouple is to marry. See Ne unquas accouple.
TO ACCREDIT, international law. The act by which a diplomatic
agent is acknowledged by the government near which he is sent.
This at once makes his public character known, and becomes his
protection.
ACCRETION. The increase of land by the washing of the seas or
rivers. Hale, De Jure Maris, 14. Vide Alluvion; Avulsion.
TO ACCRUE. Literally to grow to; as the interest accrues on
the principal.
Accruing costs are those which become due and are created after
judgment of an execution.
2. - To accrue means also to arise, to happen, to come to pass;
as the statute of limitations does not commence running until the
cause of action has accrued. 1 Bouv. Inst. n. 861; 2 Rawle, 277;
10 Watts, 363; Bac. Abr. Limitation of Actions, D 3.
ACCUMULATIVE JUDGMENT. A second or additional judgment given
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against one, who has been convicted, the execution or effect of
which is to commence after the first has expired; as, where a
man is sentenced to an imprisonment for six months on conviction
of larceny, and, afterwards he is convicted of burglary, he may
be sentenced to undergo an imprisonment for the latter crime, to
commence after the expiration of the first imprisonment; this is
called an accumulative jufgment.
ACCUSED. One who is charged with a crime or misdemeanor.
ACCUSATION, crim. law. A charge made to a competent officer
against one who has committed a crime or misdemeanor, so that he
may be brought to justice and punishment.
2. A neglect to accuse may in some cases be consicleied a
misdemeanor, or misprision. (q. v.) 1 Bro. Civ. Law, 247; 2 Id.
389; Inst. lib. 4, tit. 18.
3. It is a rule that no man is bound to accuse himself, or to
testify against himself in a criminal case. Accusare nemo se
debet nisi coram Deo. Vide Evidence; Interest; Witness.
ACCUSER. One who makes an accusation.
ACHAT. This French word signifies a purchase. It is used in
some of our law books, as well as achetor, a purchaser, which in
some ancient statutes means purveyor. Stat. 36 Edw. III.
ACHERSET, obsolete. An ancient English measure of grain,
supposed to be the same with their quarter or eight bushels.
ACKNOWLEDGMENT, conveyancing. The act of the grantor going
before a competent officer, and declaring the instrument to be
his act or deed, and desiring the same to be recorded as such.
The certificate of the officer on the instrument, that such a
declaration has been made to him, is also called an
acknowledgment. The acknowledgment or due proof of the instrument
by witnesses, must be made before it can be put upon record.
2. Below will be found the law of the several states relating
to the officer before whom the acknowledgment must be made.
Justice requires that credit should be here givem for the
valuable information which has been derived on this subject from
Mr. Hilliard's Abridgment of the American Law of Real Property,
and from. Griffith's Register. Much valuable information has also
been received on this subject from the correspondents of the
author.
3. Alabama. Before one of the judges of the superior court, or
any one of the justices of the county court; Act of March 3,
1803; or before any one of the superior judges or justices of
the quorum of the territory (state); Act of Dec. 12, 1812; or
before the clerks of the circuit and county courts, within their
respective counties; Act of Nov. 21, 1818; or any two justices
of the peace; Act of Dee. 17, 1819; or clerks of the circuit.
courts, for deeds conveying lands anywhere in the state; Act of
January 6, 1831; or before any notary public, Id, sec. 2; or
before one justice of the peace; Act of January 5, 1836; or
before the clerks of the county courts; Act of Feb. 1, 1839;
See Aiken's Dig. 88, 89, 90, 91, 616; Meek's Suppl. 86.
4. When the acknowledgment is out of the state, in one of the
United States or territories thereof, it may be made before the
chief justice or any associate judge of the supreme court of the
United States, or any judge or or justice of the superior court
of any state, or territory in the Union. Aiken's Dig. 89.
5. When it is made out of the United States, it may be made
before and certified by any court of law, mayor or other chief
magistrate of any city, borough or corporation of the kingdom,
state, nation, or colony, where it is made. Act of March 3,1803.
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6. When a feme covert is a grantor, the officer must certify
that she was examined "separately and apart from her said hushand
and that on such private examination, she acknowledged that she
signed, sealed and delivered the deed as her voluntary act and
deed, freely and without any threat, fear, or compulsion, of her
said hushand."
7. Arkansas. The proof or acknowledgment of every deed or
instrument of writing for the conveyance of real estate, shall be
taken by some one of the following courts or officers: 1. When
acknowledged or proven within this state, before the supreme
court, the circuit court, or either of the judges thereof, or of
the clerk of either of the said courts, or before the county
court, or the judge thereof, or before an justice of the peace or
notary public.
8. - 2. When acknowledged or proven without this state, and
within the United States or their territories, before any court
of the United States, or of any state or territory having a seal,
or the clerk of any such court, or before the mayor of any city
or town, or the chief officer of any city or town having a seal
of office.
9. - 3.When acknowledged or proven without the United States,
before any court of any state, kingdom or empire having a seal,
or any mayor or chief officer of any city. or town having an
official seal, or before any, officer of any foreign country, who
by the laws of such country, is authorized to take probate of the
conveyance of real estate of his own country, if such officer has
by law an official seal.
10. The conveyance of any real estate by any married woman, or
the relinquishment of her dower in any of her hushand's real
estate, shall be authenticated, and the title passed, by such
married woman voluntarily appearing before the proper court or
officer, and, in the absence of her hushand, declaring that she
had of her own free will executed the deed or instrument in
question, or that she had signed and sealed the relinquishment of
dower for the purposes therein contained and set forth, without
any compulsion or undue influence of her hushand. Act of Nov. 30,
1837, s. 13, 21; Rev. Stat. 190, 191.
11. In cases of ackkowledgment or proof of deeds or conveyances
of real estate taken within the United States or territories
thereof, when taken before a court or officer, having a seal of
office, such deed or conveyance shall be attested under such seal
of office; and if such officer have no seal of office, then
under the official signature of such officer, Idem, s. 14; Rev.
Stat. 190.
12. In all cases of deeds, and conveyances proven or
acknowledged without the United States or their territories, such
acknowledgment or proof must be attested under the official seal
of the court or officer before whom such probate is had. Idem, s.
15. 13. Every court or officer that shall take the proof or
acknowledgment of any deed or conveyance of real estate, or the
relinquishment of dower of any married woman in any conveyance of
the estate of her hushand, shall grant a certificate thereof, and
cause such certificate to be endorsed on the said deed,
instrument, conveyance or relinquishment of dower, which
certificate shall be signed by the clerk of the court where the
probate is taken in court, or by the officer before whom the same
is taken and sealed, if he have a seal of office. Idem, s. 16.
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14. Connecticut. In this state, deeds must be acknowledged
before a judge of the supreme or district court of the United
States, or the supreme or superior court, or court of common
pleas or county court of this state, or a notary public.
15. When the acknowledgment is made in another state or
territory of the United States, it must be before some officer or
commisioner having power to take acknowledgments there.
16. When made out of the United States before a resident
American consul, a justice of the peace, or notary public, no
different form is used, and no different examination of a feme
covert from others. See Act of 1828; Act of 1833; 1 Hill. Ab.
c. 34, s. 82.
17. Delaware. Before the supreme court, or the court of common
pleas of any county, or a judge of either court, or the
chancellor, or two justices of the peace of the same county.
18. The certificate of an acknowledgment in court must be under
the seal of the court.
19. A feme covert may also make her acknowledgment before the
same officers, who are to examine her separately from her
hushand.
20. An acknowledgment out of the state, may be made before a
judge of any court of the United States, the chancellor or judge
of a court of record, of the said court itself, or the chief
officer of a city or borough, the certificate to be under the
official seal; if by a judge, the seal to be affixed to his
certificate, or to that of the clerk or keeper of the seal.
Commissioners appointed in other states may also take
acknowledgments. 2 Hill. Ab. 441 ; Griff. Reg. h. t.
21. Florida. Deeds and mortgages must be acknowledged within
the state before the officer authorized by law to record the
same, or before some judicial officers of this state. Out of the
state, but within some other state or territory of the United
States, before a commissioner of Florida, appointed under the act
passed January 24, 1831; and where there is no commissioner, or
heis unable to attend) before the chief justice, judge, presiding
judge, or president of any court of record of the United States
or of any state or territory thereof having a seal and a clerk or
prothonotary. The certificate must show, first, that the
acknowledgment was taken within the territorial jurisdiction of
the officer; secondly, the court of which he is such officer.
And it must be accompanied by the certificate of the clerk or
prothonotary of the court of which he is judge, justice or
president, under the seal of said court that he is duly appointed
and authorized as such. Out of the United States. If in Europe,
or in North or South America, before. any minister
plenipotentiary, or minister extraordinary, or any cbarge
d'affaires, or consul of the United States, resident or
accredited there. If in any part of Great Britain and Ireland, or
the dominions thereeunto belonging, before the consul of the
United States, resident or accredited therein, or before the
mayor or other chief magistrate of London, Bristol, Liverpool,
Dublin or Edinburgh, the certificate to be under the hand and
seal of the officer.In any other place out of the United States,
where there is no public minister, consul or vice consul,
commercial agent or vice commercial agent of the United States,
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before two subscribing witnesses and officers of such place, and
the identity of such civil officer and credibility, shall be
certified by a consul or vice consulof the United States, of the
government of which such place is a part.
22. The certificate of acknowledgmeut of a married, woman must
state that she was examined apart from her hushand, that she
executed such deeds, &c., freely and without any fear or
compulsion of her hushand.
23. Georgia. Deeds of conveyance of land in the state must be
executed in the preseace of two witnesses, and proved before a
justice of the peace, a justice of the inferior court, or one of
the judges of the superior courts.If executed in the presence of
one witness and a magistrate, no probate is required. Prince's
Dig. 162; 1 Laws of Geo. 115.
24. When out of the state, but in the United States, they may
be proved by affidavit of one or more of the witnesses thereto,
before any governor, chief justice, mayor, or other justice, of
either of the United States, and certified accordingly, and
transmitted under the common or public seal of the state, court,
city or place, where the same is taken. The affidavit must
express the place of the affidant's abode. Idem.
25. There is no state law, directing how the acknowledgment
shall be made when it is made out of the United States.
26. By an act of the legislature passed in 1826, the widow is
barred, of her dower in all lands of her deceased hushand, that
he aliens or conveys away during the coverture, except such lands
as he acquired by his intermarriage with his wife; So that no
relinquishment of dower by the wife is necessary, unless the
lands came to her hushand by her. Prince's Dig.249; 4 Laws of
Geo. 217. The magistrate should certify that the wife did declare
that freely, and without compulsion, she signed, sealed and
delivered the instrument of writing between the parties, naming
them and that she did renounce all title or claim to dower that
she might claim or be entitled to after death of her hushand,
(naming him.) 1 Laws of. Geo. 112; Prince's Dig. 160.
27. Indiana. Before the recorder of the county in which the
lands may, be situate, or one of the judges of the supreme court
of this state, or before one of the judges of the circuitcourt,
or some justice of the peace of the county within which the
estate may be situate, before notaries public, or before probate
judges. Ind. Rev. Stat. c. 44, s. 7; Id. eh. 74; Act of Feb.
24, 1840.
28. All deeds and conveyances made and executed by any person
without this state and brought within it to be recorded, the
acknowledgment having been lawfully made before any judge or
justice of the peace of the proper county in which such deed may
have been made and executed, and certified under the seal of such
county by the proper officer, shall be valid and effectual in
law. Rev. Code, c. 44, s. 11 App. Jan. 24, 1831.
29. When ackkowledged by a feme covert, it must be certified
that she was examined separate and apart from her hushand; that
the full contents of the deed were made known to her; that she
did then and there declare that she had, as her own voluntary act
and deed, signed, sealed and executed the said deed of her own
free will and accord, without any fear or compulsion from her
said hushand.
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30. Illinois. Before a judge or justice of the supreme or
district courts of the United States, a commissioner authorized to
take acknowledgments, a judge or justice of the supreme, superior
or district court of any of the United States or territories, a
justice of the peace, the clerk of a court of record, mayor of a
city, or notary public; the last three shall give a certificate
under their official seal.
31. The certificate must state that the party is known to the
officer, or that his identity has been proved by a credible
witness, naming him. When the acknowledgment is taken by a
justice of the peace of the state, residing in the county where
the lands lie, no other certificate is required than his own;
when heresides in another county, there shall be a certificate of
the clerk of the county commissioners court of the proper county,
under seal, to his official capacity.
32. When the justice of the peace taking the acknowledgment
resides out of the state, there shall be added to the deed a
certificate of the proper clerk, that the person officiating is a
justice of the peace.
33. The deed of a feme covert is acknowledged before the same
officers. The certificate must state that she is known to the
officer, or that. her identity has been proved by a witness who
must be named; that the officer informed her of the contents of
the deed; that she was separately examined; that she
acknowledged the execution and release to be made freely,
voluntarily, and without the compulsion of her hushand.
34. When the hushand and wife reside in the state, and the
latter is over eighteen years of age, she may convey her lands,
with formalities substanially the same as those used in a release
of dower; she acknowledges the instrument to be her act and
deed, and that she does not wish to retract.
35. When she resides out of the state, if over eighteen, she
may join her hushand in any writing relating to lands in the
state, in which case her acknowledgmeut is the same as if she
were a feme sole. Ill. Rev. L. 135-8; 2 Hill Ab. 455, 6.
36. Kentucky. Acknowledgments taken in the State must be before
the clerk of a county court, clerk of the general court, or clerk
of the court of appeals. 4 Litt. L. of K. 165 ; or before two
justices of the peace, 1 Litt. L. of K. 152.; or before the
mayor of the city of Louisville. Acts of 1828, p. 219, s. 12.
37. When in another state or territory of the United States,
before two justices of the peace, 1 Litt. L. of K. 152; or
before any court of law, mayor, or other chief magistrate of any
city, town or corporation of the county where the grantorsdwell,
Id. 567; or before any justice or judge of a superior or
inferior court of law. Acts of 1831, p. 128.
38. When made out of the United States, before a mayor of a
city, or consul of the U. S. residing there' or, before the
chief, magistrate of such state or country, to be authenticated
in the usual manner such officers authenticate the official
act's. Acts of 1831, p. 128, s. 5.
39. When a feme covert acknowledges the deed, the certificate
must state that she was examined by the officer separate and
apart from her hushand, that she declared that she did freely and
willingly seal and deliver the said writing, and wishes not to
retract it, and acknowledged the said writing again shown and
explained to her, to be her act and deed, and consents that the
same may be recorded.
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40. Maine. Before a justice of the peace in this state, or any
justice of the peace, magistrate, or notary public, within the
United States, or any commissioner appointed for that purpose by
the governor of this state, or before any minister or cousul of
the United States, or notary public in any foreign country. Rev.
St. t. 7, c. 91, 7; 6 Pick. 86.
41. No peculiar form for the certificate of acknowledgment is
prescribed; it is required that the hushand join in the deed.
"The joint deed of hushand and wife shall be effectual to convey
her real estate, but not to bind her to any covenant or estoppel
therein." Rev. St. t. 7, c. 91, §5.
42. Maryland. Before two justices of the peace of the county
where the lands lie, or where the grantor lives, or before a
judge of the county court of the former county, or the mayor of
Annapolis for Anne Arundel county. When the acknowledgment is
made in another county than that in which the lands are situated,
an in which the party Eves, the clerk of the court must certify
under the court seal, the official capacity of the acting
justices or judge.
43. When the grantor resides out of the state, a commission
issues on, application of the purchaser, and with the written
consent of the grantor, from the clerk of the county court where
the landlies, to two or more commissioners at the grantee's
residence; any two of whom may take the acknowledgment, and
shall certify it under seal and return the commission to be
recorded with the deed; or the grantor may empower an attorney
in the state to acknowledge for him, the power to be incorporated
in the deed, or annexed to it, and proved by a subscribing
witness before the county court, or two justices of the peace
where the land lies, or a district judge, or the governor or a
mayor, notary public, court or judge thereof, of the place where
it is. executed; in each case the certificate to be under an
official seal. By the acts of 1825, c. 58, and 1830, c. 164 the
acknowledgment in another state may be before a judge of the U.
S. or a judge of a court of record of the state. and county where
the grantor may be the clerk to certify under seal, the official
character of the magristrate.
44. By the act of 1837, c. 97, commissioners may be appointed
by authority of the state, who shall reside in the other states
or territories of the United States who shall be authorized to
take acknowledgment of deeds. The act of 1831, c. 205, requires
that the officer shall certify knowledge of the parties.
45. The acknowledgment of a feme covert must be made separate
and apart from her hushand. 2 Hill. Ab. 442; Griff. Reg. h. t.
See also, 7 Gill & J. 480; 2 Gill. & J. 173 6 Harr. & J. 336; 3
Harr. & J.371 ; 1 Harr. & J. 178; 4 Harr. & M'H. 222.
46. Massachusetts. Before a justice of the peace or magistrate
out of the state. It has been held that an American consul at a
foreign port, is a magistrate. 13 Pick. R. 523. An acknowledgment
by one of two grantors has been held, sufficient to authorize the
registration of a deed; and a wife need not, therefore,
acknowledge the conveyance when she joins with her hushand. 2
Hill.
Ab. c. 34, s. 45.
47. Michigan. Before a judge of a court of record, notary
public, justice of the peace, or master in chancery; and in case
of the death of the grantor, or his departure from the state, it
may be proved by one of the subscribing witnesses before any
court of record in the state. Rev. St. 208 Laws of 1840, p. 166.
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48, When, the deed is acknowledged out of the state of
Michigan, but in the United States, or an of the territories of
the U. S., it is to be acknowledged according to the laws of such
state or territory, with a certificate of the proper county
clerk, under his seal of office, that such deed is executed
according to the laws of such state or territory, attached
thereto.
49. When acknowledged in a foreign country, it may be executed
according to the laws of such foreign country, but, it must in
such. case, be acknowledged before a minister plenipotentiary ,
consul, or charge d'affaires of the United States and the
acknowledgment must be certified by the officer before whom the
same was taken. Laws of 1840, p. 166, sec. 2 and 3.
50. When the acknowledgment is made by a feme covert, the
certificate must state that on a private examination of such
feme' covert, separate and apart from her hushand, she
acknowledged that she executed the deed without fear or
compulsion from any one. Laws of 1840, p. 167, sec. 4.
51. Mississippi. When in the state, deeds may be acknowledged,
or proved by one or more of the subscribing witnesses to them,
before any judge of the high court of errors and appeals, or a
judge of the circuit courts, or judge of probate, and certified
by such judge; or before any notary public, or clerk of any
court of record. in this state, and certified by such notary or
clerk under the seal of his office; How. & Hutch. c. 34, s. 99,
p. 868, Law of .1833 ; or before any justice of that county,
where the land, or any part thereof, is situated; Ib. p. 343, s.
1 , Law of 1822; or before any, member of the board of police,
in his respective county. Ib. p. 445, c. 38, s. 50, Law of 1838.
52. When in another state or territory of the United States,
such deeds must be acknowledged, or proved as aforesaid, before a
judge of the supreme court or of the district courts of the
United States, or before any judge of the supreme or superior
court of any state or territory in the Union; How. & Hutch. 846)
c. 34, s. 13, Law of 1832; or before and certified by any judge
of any inferior or county court of record, or before any justice
of the peace of the state or territory and county, wherein such
person or witness or witnesses may then be or reside, and
authenticated by the certificate of the clerk or register of the
superior county or circuit court of such county, with a seal of
his office thereto affixed; or if taken before or certified by a
justice of the peace, shall be authenticated by the certificate
of either the clerk of the Said inferior or county court of
record of such county, with the seal of his office thereto
affixed. Laws of Mississippi, Jan. 27, 1841, p. 132.
53. When out of the United States, such acknowledgment, or
proof as, afore said, must be made before an court of law, or
mayor, or other chief magistrate of any city, borough or
corporation of such foreign kingdom, state, nation, or colony, in
which the said parties or witnesses reside; certified by the
court, mayor, or chief magistrate, in a manner such acts are
usually authenticated by him. How. & Hutch, 346, c. 34, s. 14,
Law of 1822.
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54. When made by a feme covert, the certificate must state that
she made previous acknowledgment, on a private examination, apart
from her hushand before the proper officer, that she sealed and
delivered the same as her act and deed, freely, without any fear,
threat or compulsion of her hushand. How. & Hutch. 347, c. 34, s.
19, Law of 1822.
55. Missouri. In the state, before some court having a seal, or
some judge, justice or clerk thereof, or a justice of the peace
in the county where the land lies. Rev. Code, 1835, §8, p. 120.
56. Out of the state, but in the United States, before any
court of the United States, or of any state or territory, having
a seal, or the clerk thereof. Id. cl. 2.
57. Out of the United States, before any court of any state,
kingdom or empire having a seal, or the mayor of any city having
an official seal.
58. Every court or officer taking the acknowledgment of such
instrument or relinquishment of dower or the deed of the wife of
the hushand's land, shall endorse a certificate thereof upon the
instrument; when made before a court, the certificate shall
beunder its seal; if by a clerk, under his band and the seal of
the court; when before an officer having an official seal, under
his hand and seal; when by an officer having no seal, under his
hand. The certificate must state thatthe party was personally
known to the judge or other officer as the signer, or proved to
be such by two credible witnesses. Misso. St. 120-122 ; 2 Hill.
Ab. 453; Griff. h. t.
59. When the acknowledgment is made by a feme covert, releasing
her dower, the certificate must statethat she is personally known
to a judge of the court, or the officer before whom the deed is
acknowledged, or that, her identity was proved by two credible
witnesses; it must also state that she was informed of the
contents of the deed; that it was acknowledged separate and
apart from her hushand; that she releases her dower freely
without compulsion or undue conveyance of her own lands, the
acknowledgment may be made before any court authorized to take
acknowledgments. It must be done as in the cases of release of
dower, and have a similar certificate. Ib.
60. New Hampshire. Before a justice of the peace or a notary
public; and the acknowledgment of a deed before a notary public
in another state is good. 2 N. H. Rep. 420 2 Hill. Ab. c. 34, s.
61.
61. New Jersey. In the state, before the chancellor, a justice
of the supreme court of this state, a master in chancery, or a
judge of any inferior court of common pleas, whether in the same
or a different county; Rev. Laws, 458, Act of June 7, 1799 ; or
before a commissioner for taking the acknowledgments or proofs of
deeds, two of whom are appointed by the legislature in each
township, who are authorized to take acknowledgments or proofs of
deeds in any part of the state. Rev. Laws, 748, Act of June 5,
1820.
62. In another state or territory of the United States, before
a judge of the supreme court of the United States, or a district
judge of the United States, or any judge or justice of the
supreme or superior court of any state in the Union; Rev. Laws,
459, Act of June 7, 1799; or before a mayor or other chief
magistrate of any city in any other state or territory of the U.
S., and duly certified under the seal of such city; or before a
judge of any, superior
court, or court of common pleas of any state or territory; when,
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taken before a judge of a court of common pleas, it must be
accompanied by a certificate under the great seal of the state,
or the seal of the county court in which it is made, that he is
such officer; Rev. Laws, 747, Act of June 5, 1820; or before a
commissioner appointed by the overnor, who resides in such state;
Harr. Comp. 158, Act of December 27, 1826; two of whom may be
appointed for each of the States of New York and Pennsylvania.
Elmer's Dig. Act of Nov. 3, 1836.
63. When made out of the United States, the acknowledgment may
be before any court of law, or mayor,-or other magistrate, of any
city, borough or corporation of a foreign kingdom, state, nation
or colony, in which the party or hiswitnesses reside, certified
by the said court, mayor, or chief magistrate, in the manner in
which such acts are usually authenticated by him. Rev. Laws, 459,
Act of June 7, 1799. The certificate. in all cases must state
that the officer who makes it, first made known the contents of
the deed to the person making the acknowledgment, and that he was
satisfied such person was the grantor mentioned in the deed.Rev.
Laws, 749, Act of June 5, 1820.
64. When the acknowledgment is made by a feme covert, the
certificate must state that on a private examination, apart from
her hushand, before a proper officer, (ut supra,) she
acknowledged that she signed, sealed, and delivered the deed, as
her voluntary act and deed, freely, without any fear, threats or
compulsion of her hushand. Rev. Laws, 459, Act of June 7, 1799..
65. New York. Before the chancellor or justice of the supreme
court, circuit judge, supreme court commissioner, judge of the
county court, mayor or recorder of a city, or, commissioner of
deeds; a couuty judge or commissioner of deeds for a city or
county, not to act out of the same.
66. When the party resides in another state, before a judge of
the United States, or a judge or justice of the supreme, superior
or circuit court of any state or territory of the United States,
Within his own jurisdiction. By a statute passed in 1840, chap.
290, the governor is authorized to appoint commissioners in other
states, to take the acknowledgment and proof of deeds and other
instruments.
67. When the party is in Europe or other parts of America,
before a resident minister or charge d'affaires of the United
States; in France, before the United States consul at Paris; in
Russia, before the same officer at St. Petershurg; in the
British dominions, before the Lord Mayor of London, the chief
magistrate of Dublin, Edinburgh, or Liverpool, or the United
States consul at London. The certificate to be uuder the hand and
official seal of such officer. It may also be made before any
person specially authorized by the court of chancery of this
state.
68. The officer must in all cases be satisfied of the identity
of the party, either from his own knowledge or from the oath or
affirmation of a witness, who is to be named in the certificate.
69. A feme covert must be privately examined; but if out of
the state this is unnecessary. 2 Hill. Ab. 434; Griff. Reg. h.
t.
70. By the act passed April 7, 1848, it is provided, that: §1.
The proof or acknowledgment of auy deed or other written,
instrument required to be proved or acknowledged, inorder to
entitle the same to be recorded or read in evidence, when made by
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any person residing out of this state and within any other state
or territory of the United States, may be made before any officer
of such state or territory, authorized by the laws thereof to
take the proof and acknowdgment of deeds and when so taken and
certified as by the act is provided, shall be entitled to be
recorded in any county in this state, and may be read in evidence
in any court iu this state, in the sae manner and with like
effect, as proofs and acknowledgments taken before auy of the
officers now authorized by law to take such proofs and
acknowledgments: Provided that no such acknowledgment shall be
valid unless the officer taking the same shall know or have
satisfactory evidence that the person making such acknowledgment
is the individual described in, and who executed the deed or
instrument.
71. - 2. To entitle any conveyance or other written instrument
acknowledged or proved under the preceding section, to be read in
evidence or recorded in this state, there shall be subjoined to
the certificate of proof or acknowledgment, signed by such
officer, a certificate under the name and official seal of the
clerk or register of the county in which such officer resides,
specifying that such officer was at the time of taking such proof
or acknowledgment, duly authorized to take the same, and that
such clerk or register is well acquainted with the handwriting of
such officer, and verily believes that the signature to said
certificate of proof and acknowledgment, is genuine.
72. North Carolina. The acknowledgment or proof of deeds for
the conveyance of lands, when taken or made in the state, must be
before one of the judges of the supreme court, or superior court,
or in the court of the county where the land lieth. 1 ltev. Stat.
c. 37, s.. 1.
73. When in another state or territory of the United States, or
the District of Columbia, the deed must be acknowledged, or
proved, before some one of the judges of the superior courts of
law, or circuit courts of law of superior jurisdiction, within
the said state, &c., with a certificate of the governor of the
said state or territory, or of the secretary of state of the
United St-ates, when in the District of Columbia, of the official
character of the judge; or before a commissioner appointed by
the governor of this state according to law. 1 Rev. Stat. c. 37,
s. 5.
74. When out of the United States, the deeds must be
acknowledged, or proved, before the chief magistrate of some
city, town, or corporation of the countries where the said deeds
were executed; or before some ambassador, publio minister,
consul, or commercial agent, with proper certificate under their
official seals; 1 Rev. Stat. c. 37 s. 6. and 7; or before a
commissioner in such foreign country, under a commission from the
county court where the land lieth. See. 8.
75. When acknowledged by a feme covert, the certificate must
state that she was privily examined by the proper officer, that
she acknowledged the due execution of the deed, and declared that
she executed the same freely, voluntarily, and without the fear
or compulsion of her hushand, or any other person, and, that she
then assented thereto. When she is resident of another county, or
so infirm that she cannot travel to the judge, or county court,
the deed may be acknowledged by the hushand, or proved by
witnesses, and a commission in a prescribed form may be issued
for taking the examination of the wife. 1 Rev. Stat. c. 37, s. 6,
8, 9, 10, 11, 13, and 14.
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76. Ohio. In the state, deeds and other instruments affecting
lands must be acknowledged before a judge of the supreme court, a
judge of the court of common pleas, a justice of the peace,
notary public, mayor, or other presiding officer of an
incorporated town or city. Ohio Stat. vol. 29, p. 346, Act of
February 22, 1831, which went in force June 1, 1831 Swan's Coll.
L. 266, s. 1.
77. When made out of the state, whether in another state or
territory, or out of the U. S., they must be acknowledged, or
proved, according to the laws of the state, territory or country,
where they are executed, or according to the laws of the state of
Ohio. Swan's Coll. L. 265, 8. 5.
78. When made by a feme covert, the certificate must state that
she was examined by the officer, separate and apart from her
hushand, and the contents of the deed were fully made known to
her; that she did declare upon such separate examination, that
she voluntarily sign, seal, and acknowledge the same, and that
she is still satisfied therewith.
79. Pennsylvania. Before a judge of the supreme court, or of
the courts of common pleas, the district courts, or before any
mayor or alderman, or justice of the peace of the commonwealth,
or before the recorder of the city of PhLiladelphia.
80. When made out of the state, and within the United States,
the acknowledgment may be before one of the judges of the supreme
or district courts of the United States, or before an one of the
judges or justices of the supreme or superior courts, or courts
of common pleas of any state or territory within the United
States; and so certified under the hand of the said judge, and
the seal of the court. Conmmissioners appointed by the governor,
residing in either of the United States or of the District of
Columbia, are also authorized to take acknowledgment of deeds.
81. When made out of the United States, the acknowledgment may,
be made before any consul or vice-consul of the United States,
duly appointed for and exercising consular functions in the
state, kingdom, country or place where such an acknowledgment may
be made, and certified under the public or official seal of such
consul or vice-consul of the United States. Act of January 16,
1827. By the act May 27th, 1715, s. 4, deeds made out of the
province [state] may be proved by the oath or solemn affirmation
of one or more of the witnesses thereunto, before one or more of
the justices of the peace of this province [state], or before any
mayor or chief magistrate or officer of the cities, towns or
places, where such deed or conveyances are so proved. The proof
must be certified by the officer under the common or public seal
of the cities, towns, or places where such conveyances are so
proved. But by construction it is now established that a deed
acknowledged before such officer is valid, although the act
declares it shall be proved. 1 Pet. R. 433.
82. The certificate of the acknowledgment of a feme covert must
state, 1, that she is of full age; 2, that the contents of the
instrument have been made known to her; 3, that she has been
examined separate and apart from her hushand; and, 4, that she
executed the deed of her own free will and accord, without any
coercion or compulsion of her hushand. It is the constant
practice of making the certificate, under seal, though if it be
merely under the hand of the officer, it will be sufficient. Act
of Feb. 19, 1835.
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83. By the act of the 16th day of April, 1840, entitled. "An
act incorporating the Ebenezer Methodist Episcopal congregation
for the borough of Reading, and for other purposes," Pamph. Laws,
357, 361, it is provided by §15, "That any and every grant,
bargain and sale, release, or other deed of conveyance or
assurance of any lands, tenements, or hereditaments in this
commonwealth, heretofore bona fide made, executed and delivered
by hushand and wife within any other of the United States, where
the acknowledgmentof the execution thereof has been taken, and
certified by any officer or officers in any of the states where
made and executed, who, was, or were authorized by the laws of
such state to take and certify the acknowledgment of deeds of
conveyance of lands therein, shall be deemed and adjudged to be
as good, valid and effectual in law for transferring, passing and
conveying the estate, right, title and interest of such hushand
and wife of, in, and to the lands; tenements and hereditaments
therein mentioned, and be in like manner entitled to be recorded,
as if the acknowledgment of the execution of the same deed had
been in the same and like way, manner and form taken and
certified by any judge, alderman, or justice of the peace, of and
within this commonwealth. §16. That no grant, bargain and sale,
feoffment, deed of conveyance, lease, release, assignment, or
other assurance of any lands, tenements and hereditaments
whatsoever, heretofore bona fide made and executed by hushand and
wife, and acknowledged by them before some judge, justice of the
peace, alderman, or other officer authorized by law, within this
state, or an officer in one of the United States, to take such
acknowledgment, or which may be so made, executed and
acknowledged as aforesaid, before the first day of January next,
shall be deemed, held or adjudged, invalid or, defective, or
insufficient in law, or avoided or prejudiced, by reason of any
informality or omissiou in setting forth the particulars of the
acknowledgment made before such officer, as aforesaid, in the
certificate thereof, but all and every such grant, bargain and
sale, feoffment, deed of conveyance, lease, release, assigument
or other assurance so made, executed and acknowledged as
aforesaid, shall be as good, valid and effectual in law for
transferring, passing and conveying the estate, right, title and
interest of such hushand and wife of, in, and to the lands,
tenements and hereditaments mentioned in the same, as if all the
requisites and particulars of such acknowledgment mentioned in
the act, entitle an act for the better confirmation of the
estates of persons holding or claiming under feme coverts, and
for establishing a mode by which hushand and wife may hereafter
convey their estates, passed the twenty-fourth day of February,
one thousand seven hundred and seventy, were particularly set
forth in the certificate thereof, or appeared upon the face of
the same."
84. By the act of the 3d day of April, 1840, Pamph. L. 233, it
is enacted, "That where any deed, conveyance, or other instrument
of writing has been or shall be made and executed, either within
or out of this state, and the acknowledgment or proof thereof,
duly certified, by any officer under seal, according to the
existing laws of this commmonwealth, for the purpose of being
recorded therein, such certificate shall be deemed prima facie
evidence of such execution and acknowledgment, or proof, without
requiring proof of the said seal, as fully, to all intents and
purposes, and with the same effect only, as if the same had been
so acknowledged or proved before any judge, justice of the peace,
or alderman within this commonwealth."
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85. The act relating to executions and for other purposes,
passed 16th April, 1840, Pamph. L. 412, enacts, §7, " That the
recorders of deeds shall have authority to take the
acknowledgment and proof of the execution of any deed, mortgage,
or other conveyance of any lands, tenements, or hereditaments
lying or being in the county, for which they are respectively
appointed as recorders of deeds, or within every city, district,
or part thereof, or for any contract, letter of attorney, or any
other writing, under seal, to be used or recorded within their
respective counties and such acknowledgment or proof, taken or
made in the manner directed by the laws of this state, and
certified by the said recorder, under his hand and seal of
office; which certificate shall be endorsed or annexed to said
deed or instrument aforesaid, shall have the same force and
effect, and be as good and available in law, for all purposes, as
if the same had been made or taken before any judge of the
supreme court, or president or associate judge of any of the
courts of common pleas within this commonwealth."
86. Rhode Island. Before any senator, judge, justice of the
peace, or town clerk. When the acknowledgment is made in another
state or country, it must be before a judge, justice, mayor or,
notary public therein, and certifiedunder his hand and seal.
87. A wife releasing dower need not acknowledge the deed; but
to a conveyance an acknowledgment and private examination are
necessary. 2 Hill. Ab. c. 34, s. 94.
88. South Carolina. Before a judge of the supreme court. A feme
covert may release her dower or convey her own estate, by joining
with her hushand in a deed, and being privately examined, in the
latter case, seven days afterwards, before a judge of law or
equity, or a justice of the quorum; she may also release dower
by a separate deed.
89. The certificate of the officer is under seal and signed by
the woman. Deeds may be proved upon the oath of one witness
before a magistrate, and this is said to be the general practice.
90. When the deed is to be executed out of the state, the
justices of the county where the land lies, or a judge of the
court of common pleas, may by dedimus empower two or more
justices of the county where the grantor resides, to tale his
acknowledgment upon the oath of two witnesses to the execution. 2
Hill. Ab. 448, 9; Griff. Reg. b. t.
91.Tennessee. A deed or power of attorney to convey land must
be acknowledged or proved by two subscribing witnesses, in the
court of the county, or the court of the district where the land
lies. The certificate of acknowledgment must be endorsed upon the
deed by the clerk of the court.
93. The ackiaowledgment of a feme covert is made. before a
court of record in the state, or, if the parties live out of it,
before a court of record iu another state or territory; and if
the wife is unable to attend court, the acknowledgment may be
before commissioners empowered by the court of the county in
which the hushand acknowledges the commission to be returned
certified with the court seal, and recorded.
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94. In all these cases the certificate must state that the wife
has been privately examined. The seal of the court is to be
annexed when the deed is to be used out of the state, when made
in it, and vice. versa; in which case there is to be a seal and
a certificate of the presiding judge or justice to the official
station, of the clerk, and the due formality of the attestation.
By the statute of 1820, the acknowledgment in other states may be
conformable to the laws of the state, in which the grantor
resides.
95. By the act of 1831, c, 90, s. 9, it is provided, that all
deeds or conveyances for land made without the limits of this
state, shall be proved as heretofore, or before a notary public
under his seal of office. Caruthers & Nicholson's Compilation of
the Stat. of Tenn. 593.
96. The officer must certify that he is acquainted with the
grantor, and that he is an inhabitant of the state. There must
also be a certificate of the governor or secretary under the
great seal, or a judge of the superior court that the
acknowledgment is in due form.Griff. Reg. h. t. ; 2 Hill. Ab.
458.
97. By an act passed during the session of 1839-1840, chap. 26,
it is enacted, §1. "That deeds of every description may be proved
by two subscribing witnesses, or acknowledged and recorded, and
may then be read in, evidence. 2. That deeds executed beyond the
limits of the United States may be proved or acknowledged before
a notary public, or before any consul, minister, or ambassador of
the United States, or before a commissioner of the state. 3. That
the govornor may appoint commissioners in other states and in
foreign countries for the proof, &c. of deeds. 4. Affidavits
taken as above, as to pedigree or heirship, may be received as
evidence, by executors or administrators, or in regard to the
partition and distribution of property or estates." See 2 Yerg.
91, 108, 238, 400, 520; 3 Yerg. 81; Cooke, 431.
98. Vermont. 1. All deeds and other conveyances of lands, or
any estate or interest therein, shall be signed and sealed by the
party granting the same, and signed by two or more witnesses, and
acknowledged by the grantor, before a justice of the peace. Rev.
Stat. tit. 14, c. 6, s. 4.
99. Every deed by the hushand and wife shall contain an
acknowledgment by the wife, made apart from her hushand, before a
judge of the supreme court, a judge of the county court, or some
justice of the peace, that she executed such conveyance freely,
and without any fear or compulsion of her hushand; a certificate
of which acknowledgment, so taken, shall be endorsed on the deed
by the, authority taking the same. Id. s. 7.
100. - 2. All deeds and other conveyances, and powers of
attorney for the conveyance of lands, the acknowledgment or proof
of which shall have been, or hereafter shall be taken without
this state, if certified agreeably to the laws of the state,
province, or kingdom in which it was taken, shall be as valid as
though the same were taken before some proper officer or court,
within this state; and the proof of the same may be taken, and
the same acknowledged with like effect, before any justice of the
peace, magistrate, or notary public, within the United States, or
in any foreign country, or before any commissioner appointed for
that purpose by the governor of this state, or before any
minister,cbarge d'affaires, or consul of the United States in any
foreign countryand the acknowledgment of a deed a feme in the
form required by covert, by this chapter may be taken by either
of the said persons Id. 9.
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101. Virginia. Before the general court, or the court of the
district, county, city, or corporation where some part of the
land lies; when the party lives out of the state or of the
district or county where the land lies, the acknowledgment may be
before any court of law, or the chief magistrate of any city,
town, or corporation of the country where the party resides, and
certified by him in the usual form.
102. When a married woman executes the deed, she appears in
court and is examined privately by one of the judges, as to her
freely signing the instrument, and continuing satisfied with it,
the deed being shown and explained to her. She acknowledges the
deed before the court, or else before two justices of the county
where she dwells, or the magistrate of a corporate town, if she
lives within the United States; these officers being empowered
by a commission from the clerk of the court where the deed, is to
be recorded, to examine her and to take her acknowledgment. If
she is out of the United States, the commission authorizes two
judges or justices of any court of law, or the, chief magistrate
of any city, town, or corporation, in her county, and is executed
as by two justices in the United States.
103. The certificate is to be authenticated in the usual form.
2 Hill. Ab. 444, 5; Griff. Reg. h. t.; 2 Leigh's R, 186; 2
Call. R. 103 ; 1 Wash. R. 319.
ACQUETS, estates in the civil law. Property which has been
acquired by purchase, gift or otherwise than by succession.
Merlin Rep. h. t., confines acquets to immovable property.
2. In Louisiana they embrace the profits of all the effects,
of which the hushand has the administration and enjoyment, either
of right or in fact, of the produce of the reciprocal industry
and labor of both hushand and wife, and of the estates which they
may acquire during the marriage, either by donations, made
jointly to them both, or by purchase, or in any other similar
way, even although the purchase be only in the name of one of the
two, and not of both, because in that case the period of time
when the purchase is made is alone attended to, and not the
person who made the purchase. Civ. Code, art. 2371.
3. This applies to all marriages contracted in that state, or
out of it, when the parties afterward go there to live, as to
acquets afterward made there.Ib. art. 2370.
4. The acquets are divided into two equal portions between the
hushand and wife, or between their heirs at the dissolution of
their marriage. Ib. art. 2375.
5. "The Parties may, however, lawfully stipulate there shall be
no community of profits or gains. Ib. art. 2369.
6. But the parties have no right to agree that they shall be
governed by the laws of another country.' 3 Martin's Rep. 581.
Vide 17 Martin's Rep. 571 2 Kent's Com. 153, note.
ACQUIESCENCE, contracts. The consent which is impliedly given
by one or both parties, to a proposition, a clause, a condition,
a judgment, or to any act whatever.
2. When a party is bound to elect between a paramount right and
a testamentary disposition, his acquiescence in a state of things
which indicates an election, when he was aware of his rights will
be prima facie evidence of such election. Vide 2 Ves. Jr. 371;
12 Ves. 136 1 Ves. Jr. 335; 3 P. Wms. 315. 2 Rop. Leg. 439.
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3. The acts of acquiescence which constitute an implied
election, must be decided rather by the circumstances of each
case than by any general principle. 1 Swanst. R. 382, note, and
the numerous cases there cited.
4. Acquiescence in the acts of an agent, or one who has
assumed that character, will, be equivalent to an express
authority. 2 Bouv. Inst. n. 1309; Kent, Com. 478; Story on Eq.
§255; 4 W. C. C. R. 559; 6 Miss. R. 193; 1 John. Cas. 110; 2
John. Cas. 424 Liv. on Ag. 45; Paley on, Ag. by Lloyd, 41 Pet.
R. 69, 81; 12 John. R. 300; 3 Cowen's R. 281; 3 Pick. R. 495,
505; 4 Mason's R. 296. Acquiescence differs from assent. (q. v.)
ACQUIETANDIS PLEGIIS, obsolete. A writ of justices, lying, for
the surety against a creditor, who refuses to acquit him after
the debt has been satisfied. Reg. of Writs, 158; Cowell;
Blount.
TO ACQUIRE, descents, contracts. To make property one's own.
2. Title to property is acquired in two ways, by descent, (q.
v.) and by purchase, (q. v.) Acquisition by purchase, is either
by, 1. Escheat. 2. Occupancy. 3. Prescription. 4. Forfeiture. 5.
Alienation, which is either by deed or by matter of record.
Things which cannot be sold, cannot be acquired.
ACQUISITION, property, contracts, descent. The act by which the
person procures the property of a thing.
2. An acquisition, may be temporary or Perpetual, and be
procured either for a valuable consideration, for example, by
buying the same; or without consideration, as by gift or
descent.
3. Acquisition may be divided into original and derivative.
Original acquisition is procured by occupancy, 1 Bouv. Inst. n.
490; 2 Kent. Com. 289; Menstr. Leg. du Dr. Civ. Rom. §344 ; by
accession, 1 Bouv. Inst. n. 499; 2 Kent., Com. 293; by
intellectual labor, namely, for inventions, which are secured by
patent rights and for the authorship of books, maps, and charts,
which is protected by copyrights. 1. Bouv. Inst. n. 508.
4. Derivative acquisitions are those which are procured. from
others, either by act of law, or by act of the parties. Goods and
chattels may change owners by act of law in the cases of
forfeiture, succession, marriage, judgment, insolvency, and
intestacy. And by act of the parties, by gift or sale. Property
may be acquired by a man himself, or by those who are in his
power, for him; as by his children while minors; 1 N. Hamps. R.
28; 1 United States Law Journ. 513 ; by his apprentices or his
slaves. Vide Ruth. Inst. ch. 6 & 7; Dig. 41, 1, 53; Inst. 2,9;
Ib. 2,9,3.
ACQUITTAL, contracts. A release or discharge from an obligation
or eng agement. According to Lord Coke there are three kinds of
acquittal, namely; 1, By deed, when the party releases the
obligation; 2, By prescription; 3, By tenure.Co. Lit. 100, a.
ACQUITTAL, crim. law practice. The absolution of a party
charged with a crime or misdemeanor.
2. Technically speaking, acquittal is - the absolution of a
party accused on a trial before a traverse jury. 1 N. & M. 36; 3
M'Cord, 461.
3. Acquittals are of two kinds, in fact and in law. The former
takes place when the jury upon trial finds a verdict of not
guilty; the latter when a man is charged merely as an accessary,
and the principal has been acquitted. 2 Inst. 384. An acquittal
is a bar to any future prosecution for the offence alleged in the
first indictment.
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ACQUITTANCE, contracts. An agreement in writing to discharge a
party from an engagement to pay a sum of money. it is evidence of
payment. It differs from a release in this, that the latter must
be under seal, while an acquittance need not be under seal. Poth.
Oblig. n. 781. In Pennsylvania, a receipt, (q. v.) though not
under seal, has nearly the same effect as a release. 1 Rawle, R.
391. Vide 3 Salk. 298, pl. 2; Off. of Ex. 217 ; Co. Litt. 212
a, 273 a.
ACRE, measures. A quantity of land containing in length forty
perches, and four in breadth, or one hundred and sixty square
perches, of whatever shape may be the land. Serg. Land Laws of
Penn., 185. See Cro. Eliz. 476, 665; 6 Co. 67; Poph. 55; Co.
Litt. 5, b, and note 22.
ACREDULITARE, obsolete. To purge one's self of an offence by
oath. It frequently happens that when a person has been arrested
for a contempt, he comes into court and purges himself, on oath,
of having intended any contempt. Blount, Leges. Inac. c. 36.
ACT, civil law, contracts. A writing which states in a legal
form that a thing has been said, done, or agreed. In Latin,
Instrumentum. Merl. Rep.
ACT. In the legal sense, this word may be used to signify the
result of a public deliberation, the decision of a prince, of a
legislative body, of a council, court of justice, or a
magistrate. Also, a decree, edict, law, judgment, resolve, award,
determination. Also, an instrument in writing to verify facts, as
act of assembly, act of congress, act of parliament, act and
deed. See Webster's Dict. Acts are civil or criminal, lawful or
unlawful, public or private.
2. Public acts, usually denominated authentic, are those which
have a public authority, and which have been made before public
officers, are authorized by a public seal, have been made public
by the authority of a magistrate, or which have been extracted
and been properly authenticated from public records.
3. Acts under private signature are those which have been made
by private individuals, under their hands. An act of this kind
does not acquire the force of an authentic act, by being
registered in the office of a notary. 5 N. S. 693; 8 N. S. 568 ;
3 L. R. 419 ; 8 N. S. 396 ; 11 M. R. 243; unless it hasheen
properly acknowledged before the officer, by the parties to it. 5
N. S. 196.
4. Private acts are those made by private persons, as registers
in relation to their receipts and expenditures, schedules,
acquittances, and the like. Nov. 73, c. 2 ; Code, lib. 7, tit.
32, 1. 6; lib. 4, t. 21; Dig. lib. 22, tit.. 4; Civ. Code of
Louis. art. 2231 to 2254; Toull. Dr. Civ. Francais, tom. 8, p.
94.
ACT, evidence. The act of one of several conspirators,
performed in pursuance of the common design, is evidence against
all of them. An overt act of treason must be proved by two
witnesses. See Overt.
2. The terra. acts, includes written correspondence, and other
papers relative to the design of the parties, but whether it
includes unpublished writings upon abstract questions, though of
a kindred nature, has been doubted, Foster's Rep. 198 ; 2 Stark.
R. 116, 141.
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3. In cases of partnership it is a rule that the act or
declaration of either partner, in furtherance of the common
object of the association, is the act of all. 1 Pet. R. 371 5 B.
& Ald. 267.
4. And the acts. of an agent, in pursuance of his authority,
will be binding on his principal. Greenl. Ev. § 113. ACT,
legislation. A statute or law made by a legislative body; as an
act of congress is a law by the congress of the United States;
an act of assembly is a law made by a legislative assembly. If an
act of assembly expire or be repealed while a proceeding under it
is in fieri or pending, the proceeding becomes abortive; as a
prosecution for an offence, 7 Wheat. 552; or a proceeding under
insolvent laws. 1 Bl. R. 451; Burr. 1456 ; 6 Cranch, 208 ; 9
Serg. & Rawle, 283.
2. Acts are general or special; public or private. A general
or public act is a universal rule which binds the whole
community; of which the courts are bound to take notice ex
officio.
3. Explanatory acts should not be enlarged by equity Blood's
case, Comb. 410; although such acts may be allowed to have a
retrospective operation. Dupin, Notions de Droit, 145. 9.
4. Private or special acts are rather exceptions, than rules;
being those which operate only upon particular persons and
private concerns; of these the courts are not bound to take
notice, unless they are pleaded. Com. 85, 6; 1 Bouv. Inst. n.
105.
ACT IN PAIS. An act performed out of court, and not a matter of
record. Pais, in law French, signifies country. A deed or an
assurance transacted between two or more private persons in the
country is matter in pais. 2 Bl. Com. 294.
ACT OF BANKRUPTCY. An act which subjects a person to be
proceeded against as a bankrupt. The acts of bankruptcy
enumerated in the late act of congress, of 19th Aug. 1841, s. 1,
are the following: 1. Departure from the state, district, or
territory of which a person, subject to the operation of the
bankrupt laws, is an inhabitant, with intent to defraud his
creditors. See, as to what will be considered a departure, 1
Campb. R. 279; Dea. & Chit. 4511 Rose, R. 387 9 Moore, R. 217 2
V. & B. 177; 5 T. R. 512; 1 C. & P. 77; 2 Bini,. R. 99; 2
Taunt. 176; Holt, R. 175.
2. Concealment to avoid being arrested. 1 M. & S. 676 ; 2
Rose, R. 137; 15 Ves. 4476 Taunt. R. 540; 14 Ves. 86 Taunt.
176;1 Rose, R. 362; 5 T. R. 512; 1 Esp. 334.
3. Willingly or fraudulently procuring himself to be arrested,
or his goods and chattels, lands, or tenements to be attached,
distrained, sequestered, or taken in execution.
4. Removal of his goods, chattels and effects, or concealment
of them to prevent their being levied upon, or taken in
execution, or by other process.
5. Making any fraudulent conveyance, assignment, sale, gift, or
other transfer of his lands, tenements, goods, or chattels,
credits, or evidences of debt. 15 Wend. R. 588; 5 Cowen, R. 67;
1 Burr. 467, 471, 481; 4 C. & P. 315; 18 Wend. R. 375; 19
Wend. R. 414; 1 Dougl. 295; 7 East, 137 16 Ves. 149; 17-Ves.
193; 1 Smith R. 33; Rose, R. 213.
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ACT OF GOD, in contracts. This phrase denotes those accidents
which arise from physical causes, and which cannot be prevented.
2. Where the law casts a duty on a party, the performance shall
be excused, if it be rendered impossible by the act of God; but
where the party, byhis own contract, engages to do an act, it is
deemed to be his own fault and folly that he did not thereby
provide against contingencies, and exempt himself from
responsibilities in certain events and in such case, (that is, in
the instance of an absolute general contract the performance is
not excused by an inevitable accident, or other contingency,
although not foreseen by, nor within the control of the party.
Chitty on Contr. 272, 8; Aleyn, 27, cited by Lawrence; J. in 8
T. R. 267; Com. Dig. Action upon the Case upon Assumpsit, G; 6
T. R. 650 ; 8 T. R. 259; 3 M. & S. 267 ; 7 Mass. 325; 13
Mass. 94; Co. Litt. 206; Com. Dig. Condition, D 1, L 13; 2 Bl.
Com. 340; 1 T. R. 33; Jones on Bailm 104, 5 ; 1 Bouv. Inst. n.
1024.
3. Special bail are discharged when the defendant dies, Tidd,
243 ; actus Dei nemini facit injuriam being a maxim of law,
applicable in such case; but if the defendant die after the
return of the case and before it is filed, the bail are fixed. 6
T. R. 284; 6 Binn. 332, 338. It is, however, no ground for an
exoneratur, that the defendant has become deranged since the suit
was brought, and is confined in a hospital. 2 Wash. C. C. R. 464,
6 T. It. 133 Bos. & Pull. 362 Tidd, 184. Vide 8 Mass. Rep. 264;
3 Yeates, 37; 2 Dall. 317; 16 Mass. Rep. 218; Stra. 128; 1
Leigh's N, P. 508; 11 Pick. R. 41; 2 Verm. R. 92; 2 Watt's
Rep. 443. See generally, Fortuitous Event; Perils of the Sea.
ACT OF GRACE, Scotch law. The name by which the statute which
provides for the aliment of prisoners confined for civil debts,
is usually known.
2. This statute provides that where a prisoner for debt
declares upon oath, before the magis trate of the jurisdiction,
that he has not wherewith to maintain himself, the magistrate may
set him it liberty, if the creditor, in consequence of whose
diligence he was imprisoned, does not aliment him within ten days
after intimation for that purpose. 1695, c. 32; Ersk. Pr. L.
Scot. 4, 3, 14. This is somewhat similar to a provision in the
insolvent act of Pennsylvania.
ACT 0F LAW. An event which occurs in consequence of some
principle of law. If, for example, land out of which a rent
charge has been granted, be recovered by an elder title, and
thereby the rent charge becomes avoided; yet the grantee, shall
have a writ of annuity, because the rent charge is made void by
due course or act of law, it, being a actus legis nemini est
damnosus. 2 Inst. 287.
ACT OF MAN. Every man of sound mind and discretion is bound by
his own acts, and the law does not permit him to do any thing
against it; and all acts are construed most strongly against him
who does them. Plowd. 140.
2. A man is not only bound by his own acts, but by those of
others who act or are presumed to act by his authority, and is
responsible civilly in all such cases; and, in some cases, even
when there is but a presumption of authority, he may be made
responsible criminally; for example, a bookseller may be
indicted for publishing a libel which has been sold in his store,
by his regular salesmen, although he may possibly have had no
knowledge of it.
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ACTIO BONAE FIDEI, civil law. An action of good faith.
ACTIO COMMODATI CONTRARIA. The name of an action in the civil
law, by the borrower against the lender, to compel the execution
of the contract. Poth. Pret Usage, n. 75.
ACTIO COMMODATI DIRECTA. In the civil law, is the name of an
action, by a lender against a borrower, the principal object of
which is to obtain restitution of the thing lent. Poth. Pret. 5,
Usage, n. 65, 68.
ACTIO CONDICTIO INDEBITI. The name of an action in the civil
law, by which the plaintiff recovers the amount of a sum of money
or other thing be paid by mistake. Poth. Promutuum, n. 140. See
Assumpsit.
ACTIO EXCONDUCTIO, civil law. The name of an action which the
bailor of a thing for hire may bring against the bailee, in order
to compel him to re-deliver the thing hired. Poth. du Contr. de
Louage, n. 59.
ACTIO DEPOSITI CONTRARIA. The name, of an action in the civil
law which the depositary has against the depositor to compel him
to fulfil his engagement towards him. Poth. Du Depot, la. 69.
ACTIO DEPOSITI DIRECTA. the civil law, this is the name of an
action which is brought by the depositor against the depositary,
in order to get back the, thing deposited. Poth. Du Depot, n. 60.
ACTIO JUDICATI, civil law. Was an action instituted, after four
months had elapsed after the rendition of judgment, in which the
judge issued his warrant to seize, first, the movables, which
were sold within eight days afterwards; and then the immovables,
which were delivered in pledge to the creditors, or put under the
care of a curator, and, if at the end of two mouths, the debt was
not paid, the land was sold. Dig. 42, t. 1. - Code, 8, 34.
ACTIO NON, pleading. After stating the appearance and defence,
special pleas begin with this allegation, "that the said
plaintiff ought not to have or maintain his aforesaid action
thereof against him," actio non habere debet. This is technically
termed the actio non. 1 Ch. Plead. 531 2 Ch. Plead. 421 ;
Steph. Plead. 394.
ACTIO NON ACCREVIT INFRA SEX ANNOS. The name of a plea to the
statute of limitations when the defendant insists that the
plaintiff's action has not accrued within six years. It differs
from non assumpsit in this: non assumpsit is the proper plea to
an action on a simple contract, when the action accrues on the
promise but when it does not accrue on the promise but
subsequently to it, the proper plea is actio non accrevit, &c.
Lawes, Pl. in Ass. 733; 5 Binn. 200, 203; 2 Salk. 422; 1
Saund. Rep. 83 n. 2; 2 Saund, 63, b; 1 Sell. N.P. 121.
ACTIO PERSONALIS MIORITUR CUM PERSONA. That a personal action
dies with the person, is an ancient and uncontested maxim. But
the term personal action, requires explanation. In a large sense
all actions except those for the recovery of real property may be
called personal. This definition would include contracts for the
payment of money, which never were supposed to die with the
person. See 1 Saund. Rep. 217, note 1.
2. The maxim must therefore be taken in a more restricted
meaning. It extends to all wrongs attended with actual force,
whether the affect the person or property and to all injuries to
the person only, though without actual force. Thus stood
originally the common law, in which an alteration was made by the
statute 4 Ed. III. c. 7, which gave an action to an executor for
an injury done to the personal property of his testator in his
lifetime, which was extended to the executor of an executor, by
statute of 25 Ed. III. c. 5. And by statute 31 Ed. III. c. 11,
administrators have the same remedy as executors.
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3. These statutes received a liberal construction from the
judges, but they do not extend to injuries to the person of the
deceased, nor to his freehold. So that no action lies by an
executor or administrator for an assault and battery of the
deceased, or trespass, vi et armis on his land, or for slander,
because it is merely a personal injury. Neither do they extend to
actions against executors or administrators for wrongs committed
by the deceased. 13 S. 184; Cowp. 376; 1 Saund. 216, 217, n. 1;
Com. Dig 241, B 13; 1 Salk. 252; 6 S. & R. 272; W. Jones, 215.
4. Assumpsit may be maintained by executors or administrators,
in those cases where an injury has been done to the personal,
property of the deceased, and he might in his lifetime have
waived the tort and sued in assumpsit. 1 Bay's R. 61; Cowp. 374;
3 Mass. 321; 4 Mass. 480; 13 Mass. 272; 1 Root, 2165. An
action for a breach of a promise of marriage cannot be maintained
by an executor, 2 M. & S. 408; nor against 13 S. & R. 183; 1
Picker. 71; unless, perhaps, where the plaintiff's testator
sustained special damages. 13 S. & R. 185. See further 12.S. & R.
76; 1 Day's Cas. 180; Bac. Abr. Ejectment, H11 Vin. Abr. 123;
1 Salk. 314; 2 Ld. Raym. 971 1 Salk. 12 Id. 295; Cro. Eliz.
377, 8 1 Str. 60 Went. Ex. 65; 1 Vent. 176 id. so; 7 Serg. & R.
183; 7 East, 134-6 1 Saund. 216, a, n. 1; 6 Mass. 394; 2
Johns. 227; 1 Bos. & Pull. 330, n. a.; 1 Chit. Pi. 86; 3 Bouv.
Inst. n. 2750; this Dictionary, tit. actions; Death; Parties
to actions; Survivor.
ACTIO PRO SOCIO. In the civil law, is the name of an action by
which either partner could compel his co-partners to perform
their social contract. Poth. Contr. de Societe, n. 134.
ACTION. Conduct, behaviour, something done. Nomen actionis
latissime patere vulgo notum est ac comprehenders omnem omnino
viventis operationem quae passioni opponitur. Vinnius, Com. lib.
4, tit. 6. De actionibus.
2. Human actions have been divided into necessary actions, or
those over which man has no control; and into free actions, or
such as he can control at his pleasure. As man is responsible
only when he exerts his will, it is clear lie can be punished
only for the Iatter.
3. Actions are also divided into positives and negative the
former is called an act of commision the latter is the omission
of something which ought to be done, and is called an act of
omission. A man may be responsible as well for acts of omission,
as for acts of commission.
4. Actions are voluntary and involuntary. The former are
performed freely and without constraint - the latter are
performed not by choice, against one's will or in a manner
independent of the will. In general a man is not responsible for
his involuntary actions. Yet it has been ruled that if a lunatic
hurt a man, he shall be answerable in trespass, although, if he
kill a man, it is not felony. See Hob. Rep. 134; Popham, 162;
Pam. N. P. 68. See also Duress; Will.
ACTION, French com. law. Stock in a coompany, shares in a
corporation.
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ACTION, in practice. Actio nihil aliud est, quam jus
persequendi in judicio quod sibi debetur. Just. Inst. Lib. 4,
tit. 6; Vinnius, Com. Actions are divided into criminal and
civil. Bac. Abr. Actions, A. 2. - §1. A criminal action is a
prosecution in a court of justice in the name of the government,
against one or more individuals accused of a crime. See 1
Chitly's Cr. Law.
1. - §2. A civil action is a legal demand of one's right, or it
is the form given by law for the recovery of that which is due.
Co. Litt. 285; 3 Bl. Com. 116; 9 Bouv. Inst. n. 2639; Domat.
Supp. des Lois Civiles, liv. 4, tit. 1, No. 1; Poth. Introd.
generale aux Coutumes, 109; 1 Sell. Pr. Introd. s. 4, p. 73.
Ersk. Princ. of Scot. Law, B. 41 t. 1. §1. Till judgment the writ
is properly called an action, but not after, and therefore, a
release of all actions is regularly no bar of all execution. Co.
Litt. 289 a; Roll. Ab. 291. They are real, personal and mixed.
An action is real or personal, according as realty or personalty
is recovered; not according to the nature of the defence.
Willes' Rep. 134.
4. - 1. Real actions are those brought for the specific
recovery of lands, tenements, or hereditaments. Steph. PI. 3.
They are either droitural, when the demandant seeks to recover
the property; or possessory when he endeavors to obtain the
possession. Finch's Law, 257, 8. See Bac. Abr. Actions, A,
contra. Real Actions are, 1st. Writs of right; 2dly, Writs of
entry, which lie in the per, the per et cui, or the post, upon
disseisin, intrusion. or alienation. 3dly. Writs ancestral
possessory, as Mort d' ancester, aid, besaiel, cosinage, or Nuper
obiit. Com. Dig. Actions, D 2. By these actions formerly all
disputes concerning real estate, were decided; but now they are
pretty generally laid aside in practice, upon account of the
great nicety required in their management, and the inconvenient
length of their process; a much more expeditious, method of
trying titles being since introduced by other actions, personal
and mixed. 3 Bl. Com. 118. See Booth on Real Actions.
5. - 2. Personal actions are those brought for the specific
recovery of goods and chattels; or for damages or other redress
for breach of contract, or other injuries, of whatever
description; the specific recovery of lands, tenements, and
hereditaments only excepted. Steph. PI. 3; Com. Dig. Actions, D
3; 3 Bouv. Inst. n. 2641. Personal actions arise either upon
contracts, or for wrongs independently of contracts. The former
are account, assumpsit, covenant, debt, and detinue; see these
words. In Connecticut and Vermont there is, an action used which
is peculiar to those states, called the action of book debt. 2
Swift's Syst. Ch. 15. The actions for wrongs, injuries, or torts,
are trespass on the case, replevin, trespass, trover. See these
words, and see Actio personalis moritur cum persona.
6. - 3. Mixed actions are such as appertain, in some degree, to
both the former classes, and, therefore, are properly reducible
to neither of them, being brought for the specific recovery of
lands, tenements, or hereditaments, and for damages for injury
sustained in respect of such property. Steph. Pl. 3; Co. Litt.
284, b; Com. Dig. Actions, D 4. Every mixed action, properly so
called, is also a real action. The action of ejectment is a
personal action, and formerly, a count for an assault and battery
might be joined with a count for the recovery of a term of Years
in land.
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7. Actions are also divided into those which are local and such
as are transitory.
1. A local action is one in which the venue must still be laid
in the county, in which the cause of action actually arose. The
locality of actions is founded in some cases, on common law
principles, in others on the statute law.
8. Of those which continue local, by the common law, are, lst,
all actions in which the subject or thing to be recovered is in
its nature local. Of this class are real actions, actions of
waste, when brought on the statute of Gloucester, (6 Edw. I.) to
recover with the damages, the locus in quo or place wasted; and
actions of ejectment. Bac. Abr. Actions Local, &c. A, a; Com.
Dig. Actions, N 1; 7 Co. 2 b; 2 Bl. Rep. 1070. All these are
local, because they are brought to recover the seisin or
possession of lands or tenements, which are local subjects.
9. - 2dly. Various actions which do not seek the direct recovery
of lands or tenements, are also local, by the common law;
because they arise out of some local subject, or the violation of
some local right or interest. For example, the action of quare
impedit is local, inasmuch as the benefice, in the right of
presentationto which the plaintiff complains of being obstructed,
is so. 7 Co. 3 a; 1 Chit. PI. 271; Com. Dig. Actions, N 4.
Within this class of cases are also many actions in which only
pecuniary damages are recoverable. Such are the common law action
of waste, and trespass quare clausum fregit; as likewise
trespass on the case for injuries affecting things real, as for
nuisances to houses or lands; disturbance of rights of way or of
common; obstruction or diversion of ancient water courses, &c. 1
Chit. Pl. 271; Gould on Pl. ch. 3, §105, 106, 107. The action of
replevin, also, though it lies for damages only, and does not
arise out of the violation of any local right, is nevertheless
local. 1 Saund. 347, n. 1. The reason of its locality appears to
be the necessity of giving a local description of the taking
complained of. Gould on PI. ch. 3, §111. A scire facias upon a
record, (which is an action, 2 Term Rep. 46,) although to some
intents, a continuation of the original suit, 1 Term Rep. 388, is
also local.
10. - 2. Personal actions which seek nothing more than the
recovery of money or personal chattels of any kind, are in most
cases transitory, whether they sound in tort or in contract;
Com. Dig. Actions, N 12; 1 Chit. PI. 273; because actions of
this class are, in most instances, founded on the violation of
rights which, in contemplation of law, have no locality. 1 Saund.
241, b, note 6. And it will be found true, as a general position,
that actions ex delicto, in which a mere personalty is
recoverable, are, by the common law, transitory; except when
founded upon, or arising out of some local subject. Gould on Pl.
ch. 3, §112. The venue in a transitory action may be laid in any
county which the plaintiff may prefer. Bac. Abr. Actions Local,
&c. A. (a.)
11. In the civil law actions are divided into real, personal,
and mixed. A real action, according to the civil law, is that
which he who is the owner of a thing, or, has a right in it, has
against him who is in possession of it, to compel him to give up
the plaintiff, or to permit him to enjoy the right he has in it.
It is a right which a person has in a thing, follows the thing,
and may be instituted against him who possesses it; and this
whether the thing be movable or immovable and, in the sense of
the common law, whether the thing be real or personal. See Domat,
Supp. des Lois Civiles, Liv. 4, tit. 1, n. 5; Pothier, Introd.
Generales aux Coutumes 110; Ersk. Pr. Scot. Law, B. 4, t. 1, §2.
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12. A personal action is that which a creditor has against his
debtor, to compel him to fulfil his engagement. Pothier, lb.
Personal actions are divided into civil actions and criminal
actions. The former are those which are instituted to compel the
payment or to do some other thing purely civil the latter are
those by which the plaintiff asks the reparation of a tort or
injury which he or those who belong to him have sustained.
Sometimes these two kinds of actions are united when they assume
the name of mixed personal actions. Domat, Supp. des Lois
Civiles, Liv. 4, tit. 1, n. 4; 1 Brown's Civ. Law, 440.
13. Mixed actions participate both of personal and real
actions. Such are the actions of partition, and to compel the
parties to put down landmarks or boundaries. Domat, ubi supra.
ACTION AD EXHIBENDUM, civil law. This was an action instituted
for the purpose of compelling the defendant to exhibit a thing or
title, in his power. It was preparatory to another action, which
was always a real action in the sense of the Roman law, that is,
for the recovery of a thing, whether it was movable or immovable.
Merl. Quest. de Dr. tome i. 84. This is not unlike a bill of
discovery. (q. v.)
ACTION OF ADHERENCE, Scotch law. An action competent to a
hushand or Wife to compel either party to adhere in case of
desertion.
ACTION OF BOOK DEBT. The name of an action in Connecticutand
Vermont, resorted to for the purpose of recovering payment for
articles usually charged on book. 1 Day, 105; 4 Day, 105; 2
Verm, 66. See 1 Root, 59; 1 Conn. 75; Kirby, 89; 2 Robt, 130;
11 Conn. 205.
ACTION. REDHIBITORY, civil law. An action instituted to avoid a
sale on account of some Vice or defect in the thing sold which
readers it either absolutely useless, or its use so inconvenient
and, imperfect, that it must be, supposed the buyer would not
have purchased it, had he known of the vice. Civ. Code of Louis.
art. 2496.
ACTION OF A WRIT. This phrase is used when one pleads some
matter by which he shows that the plaintiff had no cause to have
the writ which he brought, and yet he may have a writ or action
for the same matter. Such a plea is called: a plea to the action
of the writ, whereas if it should appear by the plea that the
plaintiff has no cause to have action for the thing demanded,
then it is called a plea to the action. Termes de la ley.
ACTIONS ORDINARY. Scotch law. By this term is understood all
actions not recissory. Ersk. Pr. L. Scot. 4, 1, 5.
ACTIONS RESCISSORY, Scotch law. Are divided into, 1, Actions of
proper improbation; 2, Actions of reduction-improbation; 3,
Actions of simple reduction. Ersk. Pr. L. Scot. 4 1, 5,
2. - 1. Proper improbation is an action brought for declaring
writing false or forged.
3. - 2. Reduction-improbation is an action whereby a person who
may be hurt, or affected by a writing, insists for producing or
exhibiting it in court, in order to have it set aside or its
effects ascertained, under the certification, that the writing if
not produced, shall be declared false and forged.
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4. - 3. In an action of simple reduction, the certification is
only temporary, declaring the writings called for, null, until
they be produced; so that they recover their full force after
their production. Ib. 4, 1, 8.
ACTIONARY. A commercial term used among foreigners, to signify
stockholders.
ACTIONES NOMINATAE. Formerly the English courts of chancery
would make no writs when there was no precedent, and the cases
for which there were precedents were called actiones nominatoe.
The statute of Westm. 2, c. 24, gave chancery authority to form
new writs in consimili casu. Hence arose the action on the case.
Bac. Ab. Court of Chancery, A; 17, Serg. R. 195.
ACTIVE. The opposite, of passive. We say active debts, or debts
due to us; passive debts are those we owe.
ACTON BURNELL. Statute of Vide de Mercatoribus. Cruise, Dig.
tit. 14, s. 6.
ACTOR, practice. 1. A plaintiff or complainant. 2. He on whom
the burden of proof lies. In actions of replevin both parties are
said to be actors. The proctor or advocate in the courts of the
civil law, was called actor.
ACTS OF COURT. In courts of admiralty, by this phrase is
understood legal memoranda of the nature of pleas. For example,
the English court of admiralty disregards all tenders, except
those formally made by acts of court. Abbott on Ship. pi. 3, c.
10, §2, p. 403; 4 Rob. R. 103; 1 Hagg. R. 157; Dunl. Adm. Pr.
104, 6.
ACTS OF SEDERUNT. In the laws of Scotland, are ordinances for
regulating the forms of proceeding, before the court of session,
in the administration of justice, made by the judges, who have a
delegated power from the legislature for that purpose. Ersk. Pr.
L. Scot. B. 1, t. 1, s. 14.
ACTUAL. Real; actual.
2. Actual notice. One which has been expressly given by which
knowledge of a fact hos been brought home to a party directly ;
it is opposed to constructive notice.
3. Actual admissions. Those which are expressly made; they are
plenary or partial. 4 Bouv. Inst. n. 4405.
4. An actual escape takes place when a prisoner in fact gets
out of prison, and unlawfull regains his liberty. Vide Escape.
ACTUARIUS. An ancient name or appellation of a notary.
ACTUARY. A clerk in some corporations vested with various
powers. In the ecclesiastical law he is a clerk who registers the
acts and constitutions of the convocation.
ACTUS. A foot way and horse way. Vide Way.
AD DAMNUM, pleading. To the damage. In all personal and mixed
actions, with the exception of actions of debt qui tam, where the
plaintiff has sustained no damages, the declaration concludes ad
damnum. Archb. Civ. Pl. 169.
AD DIEM. At the day, as a plea of payment ad diem, on the day
when the money became due. See Solvit ad diem, and Com. Dig.
Pleader, 2 W. 29.
AD INQUIRENDUM, practice. A judicial writ, commanding inquiry
to be made of any thing relating to a cause depending in court.
AD INTERIM. In the mean time. An officer is sometimes appointed
ad interim, when the principal officer is absent, or for some
cause incapable of acting for the time. AD LARGUM. At large; as,
title at large, assize at large. See Dane's Abr. ch. 144,
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AD QUEM. A Latin expression which signifies to which, in the
computation of time or distance, as the day ad quem. The last day
of the term, is always computed. See A quo.
QUOD DAMNUM, Eng. law. The name of a writ issuing out of and
returnable into chancery, directed to the sheriff, commanding him
to inquire by a jury 'What damage it will be to the king, or any
other, to grant a liberty, fair, market, highway, or the like.
AD SECTAM. At the suit of, commonly abbreviated ads. It isusual
in filing pleas, and other papers, for a defendant, instead of
putting the name of the plaintiff first, as Peter v. Paul to put
his own first, and instead of v. to put ads., as Paul ads. Peter.
AD TERMINUM QUI PRETERIIT. The name of a writ of entry which
lay for the lessor or his heirs, when a lease had been made of
lands or tenements, for term of life or years, and, after the
term had expired, the lands were withheld from the lessor by the
tenant, or other person possessing the same. F. N. B. 201. The
remedy now applied for holdiug over (q, v.) is by ejectment, or
under local regulations, by summary prooceedings.
AD TUNC ET IBIDEM. That part of an indictment, where it is
stated that the object-matter of the crime or offence " then and
there being found," is technically so called. N. C. Term R. 93;
Bac. Ab. Indictment, G 4.
AD VITAM AUT CULPAM. An office to be so held as to determine
only by the death or delinquency of the possessor; in other
words it is held quam diu se benegesserit.
AD VALOREM. According to the value. This Latin term is used in
commerce in reference to certain duties, called ad valorem
duties, which are levied on commodities at certain rates per
centum on their value. See Duties; Imposts; Act of Cong. of
March 2, 1799, s. 61 of March 1, 1823 s. 5.
ADDITION. Whatever is added to a man's name by way of title, as
additions of estate, mystery, or place. 10 Went. Plead. 871;
Salk. 6; 2 Lord Ray. 988; :1 WUS. 244, 5.
2. Additions of an estate or quality are esquire, gentleman,
and the like; these titles can however be claimed by none, and
may be assumed by any one. In Nash v. Battershy (2 Lord Ray. 986
6 Mod. 80,) the plaintiff declared with the addition of
gentleman. The defendant pleaded in abatement that the plaintiff
was no gentleman. The plaintiff de-murred, and it was held ill;
for, said the court, it amounts to a confession that the
plaintiff is no gentleman, and then not the person named in the
count. He should have replied that he is a gentle- man.
3. Additions of mystery are such as scrivener, painter,
printer, manufacturer, &c.
4. Additions of places are descriptions by the place of
residence, as A. B. of Philadelpliia and thelike. See Bac. Ab. b.
t.; Doct. PI. 71; 2 Vin. Abr. 77; 1 Lilly's Reg. 39; 1 Metc.
R. 151.
5. At common law there was no need of addition in any case, 2
Lord Ray. 988; it was, required only by Stat. 1 H. 5. c. 5, in
cases where process of outlawry lies. In all other cases it is
only a description of the person, and common reputation is
sufficient. 2 Lord Ray. 849. No addition is necessary in a Homine
Replegiando. 2 Lord Ray. 987; Salk. 5; 1 Wils. 244, 6; 6 Rep.
67.
ADDITIONALES, in contracts. Additional terms or propositions to
be added to a former agreement.
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ADDRESS, chan. plead. That part of a bill which contains the
appropriate and technical description of the court where the
plaintiff seeks his remedy. Coop. Eq. PI. 8; Bart. Suit in Eq.
20Story, Eq. PI. §26 Van Hey. Eq. Draft. 2.
ADDRESS, legislation. In Pennsylvania it is a resolution of
both, branches of the legislature, two-thirds of each house
concurring, requesting the governor to remove a judge from
office. The constitution of that state, art. 5, s. 2, directs
that " for any reasonable cause, which shall not be, ground for
impeachment, the governor may remove any of them [the judges], on
the address of two-third's of each branch of the legislature."
The mode of removal by address is unknown to the constitution of
the, United States, but it is recognized in several of the
states. In some of the state constitutions the language is
imperative; the governor when thus add ressed shall remove; in
others it is left to his discretion, he may remove. The relative
proportion of each house that must join in the address, varies
also in different states. In some a bare majority is sufficient;
in others, two-thirds are requisite; and in others
three-fourths. 1 Journ. of Law, 154.
ADEMPTION, wills. A taking away or revocation of a legacy, by
the testator.
2. It is either express or implied. It is the former when
revoked in express terms by a codicil or later will; it is
implied when by the acts of the testator it is manifestly his
intention to revoke it; for example, when a specific legacy of,
a chattel is made, and afterwards the testator sells it; or if a
father makes provision for a child by his will and afterwards
gives to such child, if a daughter, a portion in marriage; or,
if a son, a sum of money to establish him in life, provided such
portion or sum of money be equal to or greater than the legacy. 2
Fonbl. 368 et, seq. Toll. Ex. 320; 1 Vern. R. by Raithby, 85 n.
and the cases there cited. 1 Roper, Leg. 237, 256, for, the
distinction between specific and general legacies.
ADHERING. Cleaving to, or joining; as, adhering to the enemies
of the United States.
2. The constitution of the United States, art. 3, s 3, defines
treason against the United States, to consist only in levying war
against them or in adhering to their enemies, giving them aid and
comfort.
3. The fact that a citizen is cruising in an enemy's ship, with
a design to capture or destroy American ships, would be an
adhering to the enemies of the United States. 4 State Tr. 328 ;
Salk. 634; 2 Gilb. Ev. by Lofft, 798.
4. If war be actually levied, that is, a body of men be
actually assembled for the purpose of effecting by force a
treasonable enterprise, all those who perform any part, however
minute, or however remote from the scene of action, and who are
leagued in the general conspiracy are to be considered as
traitors. 4 Cranch. 126.
ADJOURNMENT. The dismissal by some court, legislative assembly,
or properly authorized officer, of the business before them,
either finally, which is called an adjournment sine die, without
day; or, to meet again at another time appointed, which is
called a temporary adjournment. 2. The constitution of the United
States, art. 1, s. 5, 4, directs that "neither house, during the
session of congress, shall, without the consent of the other,
adjourn for more than three days, nor to any other place, that
that in which the two houses shall be sitting,." Vide Com. Dig.
h. t.; Vin. Ab. h. t.; Dict. de Jur. h. t.
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ADJOURNMENT-DAY. In English practice, is a day so called from
its being a further day appointed by the judges at the regular
sittings, to try causes at nisi prius.
ADJOURNMENT-DAY IN ERROR. In the English courts, is a day
appointed some days before the end of the term, at which matters
left undone on the affirmance day are finished. 2 Tidd, 1224.
ADJUDICATION, in practice. The giving or pronouncing a judgment
in a
cause; a judgment.
ADJUDICATIONS, Scotch law. Certain proceedings against debtors,
by way of actions, before the court of sessions and are of two
kinds, special and general.
2. - 1. By statute 1672, c. 19, such part only of the debtor's
lands is to be adjudged to the principal sum and interest of the
debt, with the compositions due to the superior, and the expenses
of infeoffment, and a fifth part more, in respect the creditor is
obliged to take landsfor his money but without penalties or
sheriff fees. The debtor must deliver to the creditor a valid
right to the lands to be adjudged, or transumpts thereof,
renounce the possession in his favor, and ratify the decree of
adjudication: and the law considers the rent of the lands as
precisely commensurate to the interest of the debt. In this,
which is called a special adjudication, the time allowed the
debtor to redeem the lands adjudged, (called the legal reversion
or the legal,) is declared to be five years.
3. - 2. Where the debtor does not produce a sufficient right to
the lands, or is not willing to renounce the possession and
ratify the decree, the statute makes it lawful for the creditor
to adjudge all right belonging to the debtor, in the same manner,
and under the same reversion of ten years. In this kind, which is
called a general adjudication, the creditor must limit his claim
to the principal sum, interest and penalty, without demanding a
fifth part more. See Act 1 Feb. 1684; Ersk. Pr. L. Scot,.
(????) s. 15, 16. See Diligences.
ADJUNCTION. in civil law. Takes place when the thing belonging
to one person is attached or united to that which belongs to
another, whether this unionis caused by inclusion, as if one
man's diamond be encased in another's ring; by soldering, as if
one's guard be soldered on another's sword; by sewing, as by
employing the silk of one to make the coat of another; by
construction; as by building on another's land; by writing, as
when one writes on another's parchment; or by painting, when one
paints a picture on another's canvas.
2. In these cases, as a general rule, the accessory follows the
principal; hence these things which are attached to the things
of another become the property of the latter. The only exception
which the civilians made was in the case of a picture, which
although an accession, drew to itself the canvas, on account of
the importance which was attached to it. Inst. lib. 2, t. 1, §34;
Dig. lib. 41, t. 1, 1. 9, § 2. See Accession, and 2 Bl. Comm.
404; Bro. Ab. Propertie; Com. Dig. Pleader, M. 28; Bac. Abr.
Trespass, E 2. 1 Bouv. Inst. n. 499.
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ADJUNCTS, English law. Additional judges appointed to determine
causes in the High Court of Delegates, when the former judges
cannot decide in consequence of disagreement, or because one of
the law judges of the court was not one of the majority. Shelf.
on Lun. 310.
ADJURATION. The act by which one person solemnly charges
another to tell or swear to the truth. Wolff. Inst. §374.
ADJUSTMENT, maritime law. The adjustment of a loss is the
settlling and ascertaining the amount of the indemnity which the
insured after all proper allowances and deductions have been
made, is entitled to receive, and the proportion of this, which
each underwriter is liable to pay, under the policy Marsh. Ins.
B. 1, c. 14, p. 617 or it is a written admission of the amounts
of the loss as settled between the parties to a policy of
insurance. 3 Stark. Ev. 1167, 8.
2. In adjusting a loss, the first thing to be considered is,
how the quantity of damages for which the underwriters are
liable, shall be ascertained. When a loss is a total loss, and
the iusured decides to abandon, he must give notice of this to
the underwriters iii a reasonable time, otherwise he will waive
his right to abandon, and must be content to claim only for a
partial loss. Marsh. Ins. B. 1, .c. 3, s. 2; 15 East, 559; 1 T.
R. 608; 9 East, 283; 13 East 304; 6 Taunt. 383. When the loss
is admitted to be total, and the policy is a valued one, the
insured is entitled to receive the whole sum insured, subject to
such deductions as may have been agreed by the policy to be made
in case of loss.
3. The quantity of damages being known, the next point to be
settled, is, by what rule this shall be estimated. The price of a
thing does not afford a just criterion to ascertain its true
value. It may have been bought very dear or very cheap. The
circumstances of time and place cause a continual variation in
the price of things. For this reason, in cases of general
average, the things saved contribute not according to prune cost,
but according to the price for which they may be sold at the time
of settling the average. Marsh. Ins. B. 1, c. 14, s. 2, p. 621;
Laws of Wishuy, art. 20 Laws of Oleron, art. 8 this Dict. tit.
Price. And see 4 Dall. 430; 1 Caines' R. 80; 2 S. & R. 229 2
S.& R. 257, 258.
4. An adjustment being endorsed on the policy, and signed by
the underwriters, with the promise to pay in a given time, is
prima facie evidence against them, and amouuts to an admission of
all the facts necessary to be proved by the insured to entitle
him to recover in an action on the policy. It is like a note of
hand, and being proved, the insured has no occasion to go into
proof of any other circumstances. Marsh. Ins. B. 1, c. 14, s. 3,
p. 632; 3 Stark. Ev. 1167, 8 Park. ch. 4; Wesk. Ins, 8; Beaw.
Lex. Mer. 310; Com. Dig. Merchant, E 9; Abbott on Shipp. 346 to
348. See Damages.
ADJUTANT. A military officer, attached to every battalion of a
regiment. It is his duty to superintend, under his superiors, all
matters relating to the ordinary routine of discipline in the
regiment.
ADJUTANT-GENERAL. A staff officer; one of those next in rank
to the Com mander-in-chief.
ADJUNCTUM ACCESSORIUM, civil law. Something which is an
accessory and appurtenant to another thing. 1 Chit. Pr. 154.
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ADMEASUREMENT OF DOWER, remedies. This remedy is now nearly
obsolete, even in England; the following account of it is given
by Chief Baron Gilbert. "The writ of admeasurement of dower lieth
where the heir when he is within age, and endoweth the wife of
more than she ought to have dower of; or if the guardian in
chivalry, [for the guardian in socage cannot assign dower,]
endoweth the wife of more than one-third part of the land of
which she ought to have dower, then the heir, at full age, may
sue out this writ against the wife, and thereby shall be
admeasured, and the surplusage she hath in dower shall be
restored to the heir; but in such case there shall not be
assigned anew any lands to hold to dower, but to take from her so
much of the lands as surpasseth the third part whereof she ought
to be endowed; and he need not set forth of whose assignments
she holds." Gilb. on Uses, 379; and see F. N. B. 148; Bac. Ab.
Dower, K; F. N. B. 148; Co. Litt. 39 a; 2 Inst. 367 Dower;
Estate in Dower.
ADMEASUREMENT OF PASTURE, Eng. law. The name of a writ which
lies where any tenants have common appendant in another ground
and one overcharges the common with beasts. The other commoners,
to obtain their just rights, may sue out this writ against him.
ADMINICLE 1. A term, in the Scotch and French law, for any
writing or deed referred to by a party, in an action at law, for
proving his allegations. 2. An ancient term for aid or support.
3. A term in the civil, law for imperfect proof. Tech. Dict. h.
t.; Merl. Repert. mot Adminicule.
ADMINICULAR EVIDENCE, eccl. law. This term is used in the
eclesiastical law to signify evidence, which is brought to
explain or complete other evidence. 2 Lee, Ecel.R. 595.
TO ADMINISTER, ADMINISTERING. The stat. 9 G. IV. c. 31, S. 11,
enacts "that if any person unlawfully and maliciously shall
administer, or attempt to administer to any person, or shall
cause to be taken by any person any poison or other destructive
things," &c. every such offender, &c. In a case which arose under
this statute, it was decided that to constitute the act of
administering the poison, it was not absolutely necessary there
should have been a delivery to the party poisoned, but that if
she took it from a place where it had been put for her by the
defendant, and any part of it went into her stomach, it was an
administering. 4 Carr. & Payne, 369; S. C. 19 E. C. L. R. 423;
1 Moody's C. C. 114; Carr. Crim. L. 23. Vide Attempt to
Persuade.
TO ADMINISTER, trusts. To do some act in relation to an estate,
such as none but the owner, or some one authorized by him or by
the law, in caseof his decease, could legally do. 1 Harr. Cond.
Lo. R. 666.
ADMINISTRATION, trusts. The management of the estate of an
intestate, a minor, a lunatic, an habitual drunkard, or other
person who is incapable of managing his own affairs, entrusted to
an administrator or other trustee by authority of law. In a more
confinedsense, and in which it will be used in this article,
administration is the management of an intestate's estate, or of
the estate of a testator who, at the time administration was
granted, had no executor.
2. Administration is granted by a public officer duly
authorized to delegate the trust; he is sometimes called
surrogate, judge of probate, register of wills and for granting
letters of administration. It is to be granted to such persons as
the statutory provisions of the several states direct. In general
the right of administration belongs to him who" has the right to
the vendue of the personalty: as if A make his will, and appoint
B his executor, who dies intestate, and C is the legatee of the
residue of A's estate, C has the right of administration cum
testamento annexo. 2 Strange, 956; 12 Mod. 437, 306; 1 Jones,
225; 1 Croke. 201; 2 Leo. 55; 1 Vent. 217.
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3. There are several kinds of administrations, besides the
usual kind which gives to the administrator the management of all
the personal estate of the deceased for an unlimited time.
Administration durante minore oetate, administration durante
absentia, administration pendente lite, administration de bonis
non, administration cum testamento annexo.
ADMINISTRATION, government. The management of the affairs of
the government; this word is also applied to the persons
entrusted with the management of the publio affairs.
ADMIINISTRATOR, trusts. An administrator is a person lawfully
appointed, with his assent, by an officer having jurisdiction,
to manage and settle the estate of a deceased person who has left
no executor, or one who is for. the time incompetent or unable to
act.
2. It will be proper to consider, first, his rights; secondly,
his duties.; thirdly, the number of administrators, and their
joint and several powers; fourthly, the several kinds of
administrators.
3. - 1. By the grant of the letters, of administration, the
administrator is vested with full and ample power, unless
restrained to some special administration, to take possession of
all the personal estate of the deceased and to sell it; to
collect the debts due to him; and to represent him in all
matters which relate to his chattels real or personal. He is
authorized to pay the debts of the, intestate in the order dire
ted by law; and, in the United States, he is generally entitled
to a just compensation, which is allowed him as commmisions on
the amount whichpasses through his hands.
4. - 2. He is bound to use due diligence in the management of
the estate; and he is generally on his appointment required to
give security that he will do so; he is responsible for any
waste which. may happen for his default. See Devastavit.
5. Administrators are authorized to bring and defend actions.
They sue and are sued in their own names; as, A B, administrator
of C D, v. E F; or E F v. A B, administrator of C D.
6. - 3. As to the number of administrators. There may be one or
more. When there are several they must, in general, act together
in bringing suits, and they must all be sued ; but, like
executors, the acts of each, which relate to the delivery, gift,
sale, payment, possession. or release of the intestate's goods,
are considered as of equal validity as the acts of all, for they
have a joint power and authority over the whole. Bac. Ab.
Executor, C 4; 11 Vin. Ab. 358; Com. Dig. Administration, B 12;
1 Dane's Ab. 383; 2 Litt. R. 315. On the death of one of several
joint administrators, the whole authority is vested in the
survivors.
7. - 4. Administrators are general, or those who have right to
administer the whole estate of the intestate; or special, that
is, those who administer it in part, or for a Iimited time.
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8 - 1. General administrators are of two kinds, namely: first,
when the grant of administration is unlimited, and the
administrator is required to administer the whole estate. under
the intestate laws. secondly, when the grant is made with the
annexation of the will, which is the guide to the administrator
to administer and distribute the estate. This latter
administration is granted when the deceased has made a will, and
either he has not appointed an executor, or having appointed one
he refuses to serve, or dies, or is incompetent to act; this
last kind is called an administrator cum testamento annexo. 1
Will. on Wills, 309.
9. - 2. Special administrators are of two kinds; first, when
the administration is limited to part of the estate, as for
example, when the former administrator has died, leaving a part
of the estate unadministered, an administrator is appointed to
administer the remainder, and he is called an administrator de
bonis non. He has all the powers of a common administrator. Bac.
Ab. Executors, B 1; Sw. 396; Roll. Ab. 907; 6 Sm. & Marsh.
323. When an executor dies leaving a part of the estate
unadministered, the administrator appointed to complete the
execution of the win is called an administrator de bonis non, cum
testamento annexo. Com. Dig. Administrator, B 1. Secondly, When
the authority of the administrator is limited as to time.
Administrators of this kind are, 1. An administrator durante
minore oetate. This administrator is appointed to act as such
during the minority of an infant executor, until the latter
shall, attain his lawful age to act. Godolph. 102; 5 Co. 29. His
powers extend to administer the estate so far as to collect the
same, sell a sufficiency of the personal property to pay the
debts, sell bona peritura, and perform such other acts as require
immediate attention. He may sue and be sued. Bac. Ab. Executor, B
1 ; Roll. Ab. 110; Cro. Eliz. 718. The powers of such an
administrator cease, as soon as the infant executor attains the
age at which the law authorizes him to act for himself, which, at
common law, is seventeen years, but by statutory provision in
several states twenty-one years.
10. - 2. An administrator durante absentid, is one who is
appointed to administer the estate during the absence of the
executor, before he has proved the will. The powers of this
administrator continue until the return of the executor, and.
then his powers cease upon the probate of the will by the
executor. 4 Hagg. 860. In England it has been holden, that the
death of the executor abroad does not determine the authority of
the administrator durante absentia. 3 Bos. & Pull. 26.
11. - 3. An administrator pendente lite. Administration
pendente lite may be granted pending the controversy respecting
an alleged will and it has been granted pending a contest as to,
the right to administration. 2 P. Wms. 589; 2 Atk. 286; 2 Cas.
temp. Lee, 258. The administrator pendente lite is merely an
officer of the court, and holds the property only till the suit
terminates. 1 Hagg. 313. He may maintain suits, 1 Ves. sen. 325;
2 Ves. & B. 97; 1 Ball & B. 192; though his power does not
extend to the distribution of the assets. 1 Ball & B. 192.
ADMINISTRATRIX. This term is applied to a woman to whom letters
of administration have been granted. See Administrator.
ADMIRAL, officer. In some countries is the commander in chief
of the naval forces. This office does not exist in the United
States.
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ADMIRALTY. The name of a jurisdiction which takes cognizance of
suits or actions which arise in consequence of acts done upon or
relating to the sea; or, in other words, of all transactions and
proceedings relative to commerce and navigation, and to damages
or injuries upon the sea. 2 Gall. R. 468. In the great maritime
nations of Europe, the term "admiralty jurisdiction," is,
uniformly applied to courts exercising jurisdiction over maritime
contracts and concerns. It is as familiarly known among the
jurists of Scotland, France, Holland and Spain, as of England,
and applied to their own courts, possessing substantially the
same jurisdiction as the English Admiralty had in the reign of
Edward III. Ibid., and the authorities there cited; and see,
also, Bac. Ab. Court of Admiralty; Merl. Repert. h. t.
Encyclopedie, h. t.; 1 Dall. 323.
2. The Constitution of the United States has delegated to the
courts of the national government cognizance "of all cases of
admiralty and maritime jurisdiction;" and the act of September
24, 1789, ch. 20 s. 9, has given the district court "cognizance
of all civil causes of admiralty and maritime jurisdiction,"
including all seizures under laws of imposts, navigation or trade
of the United States, where the seizures are made on waters
navigable from the sea, by vessels of ten or more tons burden,
within their respective districts, as well as upon the high seas.
3. It is not within the plan of this work to enlarge upon this
subject. The reader is referred to the article Courts of the
United States, where he will find all which has been thought
necessary to say upon it as been the subject. Vide, generally,
Dunlap's Adm. Practice; Bett's Adm. Practice; 1 Kent's Com. 353
to 380; Serg. Const. Law, Index, h. t.; 2 Gall. R. 398. to 476;
2 Chit. P. 508; Bac. Ab. Courts of Admiralty; 6 Vin. Ab. 505;
Dane's Ab. Index b. t; 12 Bro. Civ. and Adm. Law; Wheat. Dig.
1; 1 Story L. U. S. 56, 60; 2 Id. 905, 3 Id. 1564, 1696; 4
Sharsw. cont. of Story's L. U. S. 2262; Clerke's Praxis;
Collectanea Maritima; 1 U. S. Dig. tit. Admiralty Courts, XIII.
ADMISSION, in corporations or companies. The act of the
corporation or company by which an individual acquires the rights
of a member of such corporation or company.
2. In trading and joint stock corporations no vote of admission
is requisite; for any person who owns stock therein, either by
original subscription or by conveyance, is in general entitled
to, and cannot be refused, the rights and privileges of a member.
3 Mass. R. 364; Doug. 524; 1 Man. & Ry. 529.
3. All that can be required of the person demanding a transfer
on the books, is to prove to the corporation his right to the
property. See 8 Pick. 90.
4. In a Mutual Insurance Company, it has been held, that a
person may become a member by insuring his property, paying the
premium and deposit-money, and rendering himself liable to be
assessed according to the rules of the corporation. 2 Mass. R.
315.
ADMISSIONS, in evidence. Concessions by a party of the
existence of certain facts. The term admission is usually applied
to civil transactions, and to matters of fact in criminal cases,
where there is no criminal intent the term confession, (q. v.) is
generally considered as an admission of guilt.
2. An admission is the testimony which the party admitting
bears to the truth of a fact against himself. It is a voluntary
act,which he acknowledges as true the fact in dispute. [An
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admission and consent are, in fact, one and the same thing,
unless indeed for more exactness we say, that consent is given to
a present fact or agreement, and admission has reference to au
agreement or a fact anterior for properly speaking, it is not the
admission which forms a contract, obligation or engagement,
against the party admitting. The admission is, by its nature,
only the proof of a pre-existing obligation, resulting from the
agreement or the fact, the truth of which is acknowledged. There
is still another remarkable difference between admission and
consent: the first is always free in its origin, the latter,
always morally forced. I may refuse to consent to a proposition
made to me, abstain from a fact or an action which would subject
me to an obligation ; but once my consent is given, or the
action committed, I am no longer at liberty to deny or refuse
either; I am constrained to admit, under the penalty of
dis-honor and infamy. But notwithstanding all these differences,
admission is identified with consent, and they are both the
manifestation of the will. These admissions are generally
evidence of those facts, when the admissions themselves are
proved.]
3. The admissibility and effect of evidence of this description
will be considered generally, with respect to the nature and
manner, of the admission itself and, secondly, with respect to
the parties to be affected by it.
4. In the first place, as to the nature and manner of the
admission; it is either made with a view to evidence; or, with
a view to induce others to act upon the representation; or, it
is an unconnected or casual representation.
5. - 1. As an instance of admission made with a view to
evidence may be mentioned the case where a party has solemnly
admitted a fact under his hand and seal, in which case he is,
estopped, not only from disputing the deed itself, but every fact
which it recites. B. N. P. 298; 1 Salk. 186; Com. Dig.
Estoppel, B 5; Stark. Ev. pt. 4, p. 3 1.
6. - 2. Instances of thing second class of admissions which
have induced others to act upon them are those where a man has
cohabited with a woman, and treated her in the front of the world
as his wife, 2 Esp. 637; or where he. has held himself out to
the world in a particular character; Ib. 1 Camp. 245 ; he
cannot in the one case deny her to be his Wife when sued by a
creditor who has supplied her with goods as such, nor in the
other can he divest himself of the character be has assumed.
7. - 3. Where the admission or declaration is not direct to the
question pending, although admissible, it is not in general
conclusive evidence; and though a party may by falsifying his
former declaration, show that he has acted illegally
andimmorally, yet if he is not guilty of any breach of good faith
in the existing transaction, and has not induced others, to act
upon his admission or declaration, nor derived any benefit from
it against his adversary, be is not bound by it. The evidence in
such cases is merely presumptive, and liable to be rebutted.
8. Secondly, with respect to the parties to be affected by it.
1. By a party to a suit, 1 Phil. Ev. 74; 7 T. R. 563; 1 Dall.
65. The admissions of the party really interested, although he is
no party to the suit, are evidence. 1 Wils. 257.
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9. - 2. The admissions of a partner during the existence of a
partnership, are evidence against both. 1 Taunt. 104; Peake's C.
203 1 Stark. C. 81. See 10 Johns. R. 66 Ib. 216; 1 M. & Selw.
249. As to admissions made after the dissolution. of the
partnership, see 3 Johns. R. 536; 15 Johns. R. 424 1 Marsh.
(Kentucky) R. 189. According to the English decisions, it seems,
the admissions of one partner, after the dissolution, have been
holden to bind the other partner; this rule has been partially
changed by act of parliament. Colly. on Part. 282; Stat. 9 Geo.
IV. c. 14, (May 9, 1828.) In the Supreme Court of the United
States, a rule, the reverse of the English, has been adopted,
mainly on the ground, that the admission is a new contract or
promise, springing out of, ana supported by the original
consideration. 1 Pet. R. 351; 2 M'Lean, 87. The state courts
have varied in their decisions some have adopted the English
rule; and, in others it has been overruled. 2 Bouv. Inst. ii.
1517; Story, Partn. §324; 3 Kent, Com. Lect. 43, p. 49, 4th
ed.; 17 S. & R. 126; 15 Johns. R. 409; 9 Cowen, R. 422; 4
Paige, R. 17; 11 Pick. R. 400; 7 Yerg. R. 534.
10. - 3. By one of several persons who have a community of
interest. Stark, Ev. pt. 4, p. 47; 3 Serg. & R. 9.
11. - 4. By an agent, 1 Phil. Ev. 77-82 3 Paley Ag. 203-207. -
12. - 5. By an attorney, 4 Camp. 133; by wife, Paley, Ag. 139,
n. 2 Whart. Dig. tit. Evidence, 0 7 T. R. 112 ; Nott & M'C. 374.
13. Admissions are express or implied. An express admission is
one made in direct terms. An admission may be implied from the
silence of the party, and may be presumed. As for instance, when
the existence of the debt, or of the particular right, has been
asserted in his presence, and he has not contradicted it. And an
aquiescence and endurance, when acts are done by another, which
if wrongfully done, are encroachments, and call for resistance
and opposition, are evidence, as a tacit admission that such acts
could not be legally resisted. See 2 Stark. C. 471. See,
generally, Stark. Ev. part 4, tit. Admissions; 1 Phil. Ev. part
1, c. 5, s . 4; 1 Greenl. Ev. §169-212; 2 Evans' Pothier, 319;
8 East, 549, ii. 1; Com. Dig. Testemoigne, Addenda, vol. 7, p.
434; Vin. Abr. Evidence, A, b. 2, A, b. 23 Ib. Confessions;
this Dict. tit. Confessions, Examination; Bac. Abr. Evidence L.;
Toullier, Droit, Civil Francais, tome 10, p. 375, 450; 3 Bouv.
Inst. n. 3073.
ADMISSIONS, of attorneys and counsellors. To entitle
counsellors and attorneys to practice in court, they must be
admitted by the court to practice there. Different statutes and
rules have been made to regulate their admission; they generally
require a previous qualification by study under the direction of
some practicing counsellor or attorney. See 1 Troub. & Haly's Pr.
18; 1 Arch. Pr. 16; Blake's Pr. 30.
ADMISSIONS. in pleading. Where one party means to take
advantage of, or rely upon some matter alleged by his adversary,
and to make it part of his case, he ought to admit such matter in
his own pleadings; as if either party states the title under
which his adversary claims, in which instances it ,is directly
opposite in its nature to a protestation. See Prote stando. But
where the party wishes to prevent the application of his pleading
to some matter contained in the pleading of his adversary, and
therefore makes an express admission of such matter (which is
sometimes the case,) in order to exclude it from the issue taken
or the like, it is somewhat similar in operation and effect, to a
protestation.
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2. The usual mode of making an express admission in pleading,
is, after saying that the plaintiff ought not to have or maintain
his action, &c., to proceed thus, " Because he says that although
it be true that" &c. repeating such of the allegations of the
adverse party as are meant to be admitted. Express admissions are
only matters of fact alleged in the pleadings; it never being
necessary expressly to admit their legal sufficiency, which is
always taken for granted, unless some objection be made to them.
Lawes' Civ. Pl. 143, 144. See 1 Chit PI. 600; Arcbb. Civ. PI.
215.
3. In chancery pleadings, admissions are said to be plenary and
partial. They are plenary by force of terms not only when the
answer runs in this form, "the defendant admits it to be true,"
but also when he simply asserts, and generally speaking, when be
says, that "he has been informed, and believes it to be true,"
without adding a qualification such as, "that he does not know it
of his own knowledge to be so, and therefore does not admit the
same." Partial admissions are those which are delivered in terms
of uncertainty, mixed up as they frequently are, with explanatory
or qualifying circumstances.
ADMISSIONS, in practice, It, frequently occurs in practice,
that in order to save expenses as to mere formal proofs, the
attorneys on each side consent to admit, reciprocally, certain
facts in the cause without calling for proof of them.
2. These are usually reduced to writing, and the, attorneys
shortly, add to this effect, namely, " We agree that the above
facts shall on the trial of this cause be admitted, and taken as
proved on each side;" and signing two copies now called,
"admissions " in the cause, each attorney takes one. Gresl. Eq.
Ev. c. 2, p. 38.
ADMITTANCE, Eng. law. The act of giving possession of a
copyhold estate, as livery of seisin is of a freehold; it is of
three kinds, namely uponavoluntary
grant by the lord) upon a surrender by the former tenant and
upon descent.
ADMIITENDO IN SOCIUM. Eng. law. A writ associating certain
persons to justices of assize.
ADMONITION. A reprimamd from a judge to a person accused, on
being discharged, warning him of the consequences of his conduct,
and intimating to him, that should he be guilty of the same fault
for which he has been admonished, he will be punished with
greater severity. Merlin, Repert. h. t.
2. The admonition was authorized by the civil law, as a species
of punishment for slight misdemeanors. Vide Reprimand
ADNEPOS. A term employed by the Romans to designate male
descendants in the fifth degree, in a direct line. This term is
used in making genealogical tables.
ADOLESCENCE, persons. That age which follows puberty and
precedes the age of majority; it commences for males at
fourteen, and for females at twelve years completed, and
continues till twenty-one years complete.
ADOPTION, civil law. The act by which a person chooses another
from a strange family, to have all the rights of his own child.
Merl. Repert. h. t.; Dig. 1, 7, 15, 1; and see Arrogation. By
art. 232, of the civil code of Louisiana, it is abolished in that
state. It never was in use in any other of the United States.
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ADROGATION, civil law. The adoption of one who was impubes,
that is, if a male, under fourteen years of age; if a female,
under twelve. Dig. 1, 7, 17, 1.
ADULT, in the civil law. An infant who, if a boy, has attained
his full age of fourteen years, and if a girl, her full age of
twelve. Domat, Liv. Prel. t. 2, s. 2, n. 8. In the common law an
adult is considered one of full age. 1 Swanst. R. 553.
ADULTERATION. This term denotes the act of mixing something
impure with something pure, as, to mix an inferior liquor with
wino; au inferior article with coffee, tea,.and the like.
ADULTERINE. A term used in the civil law to denote the issue of
an adulter- ous intercourse. See Nicholas on Adulterine Bastardy.
ADULTERIUM. In the old records this word does not signify the
offence of adultery, but the fine imposed for its commission.
Barr. on the Stat. 62, note.
ADULTERY, criminal law. From ad and alter, another person; a
criminal conversation, between a man married to another woman,
and a woman married to another man, or a married and unmarriod
person. The married person is guilty of adultery, the unmarried
of fornicatiou. (q. v.) 1 Yeates, 6; 2 Dall. 124; but see 2
Blackf. 318.
2. The elements of this crime are, 1st, that there shall be an
unlawful carnal connexion; 2dly, that the guilty party shall at
the time be married; 3dly, that he or she shall willingly commit
the offence; for a woman who has been ravished against her will
is not guilty of adultery. Domat, Supp. du Droit Public, liv. 3,
t. 10, n. 13.
3. The punishment of adultery, in the United States, generally,
is fine and imprisonment.
4. In England it is left to the feeble hands of the
ecclesiastical courts to punish this offence.
5. Adultery in one of the married persons is good cause for
obtaining a divorce by the innocent partner. See 1 Pick. 136; 8
Pick. 433; 9 Mass. 492: 14 Pick. 518; 7 Greenl. 57; 8 Greenl.
75; 7 Conn. 267 10 Conn. 372; 6 Verm. 311; 2 Fairf. 391 4 S. &
R. 449; 5 Rand. 634; 6 Rand. 627; 8 S. & R. 159; 2 Yeates,
278, 466; 4 N. H. Rep. 501; 5 Day, 149; 2 N. & M. 167.
6. As to proof of adultery, see 2 Greenl. §40, Marriage.
ADVANCEMENT. That which is given by a father to his child or
presumptive heir, by anticipation of whathe might inherit. 6
Watts, R. 87; 17 Mass. R. 358; 16 Mass. R. 200; 4 S. & R. 333;
11 John. R. 91; Wright, R. 339. See also Coop Just. 515, 575; 1
Tho. Co. Lit. 835, 6; 3 Do. 345, 348; Toll. 301; 5 Vez. 721;
2 Rob. on Wills, 128; Wash. C. C. Rep. 225; 4 S. & R. 333; 1
S. & R. 312; 3 Conn. Rep. 31; and post Collatio bonorum.
2. To constitute an advancement by the law of England, the gift
must be made by the father and not by another, not even by the
mother. 2 P. Wms. 856. In Pennsylvania a gift of real or personal
estate by the father or mother may be an advancement. 1 S. & R.
427; Act 19 April 1794, §9; Act 8 April, 1833, §16. There are
in the statute laws of the several states provisions relative to
real and personal estates, similar in most respects to those
which exist in the English statute of distribution, concerning an
advancement to a child. If any child of the intestate has been
advanced by him by settlement, either out of the real or personal
estate, or both, equal or superior to the amount in value of the
share of such child which would be due from the real and personal
estate, if no such advancementhad been made, then such child and
his descendants, are excluded from any share in the real or
personal estate of the intestate.
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3. But if the advancement be not equal, then such child, and in
case of his death, his descendants, are entitled to receive, from
the real and personal estate, sufficient to make up the
deficiency, and no more.
4. The advancement, is either express or implied. As to what is
an implied advancement, see 2 Fonb. Eq. 121; 1 Supp. to Ves. Jr.
84; 2 lb. 57; 1 Vern. by Raithby, 88, 108, 216; 5 Ves. 421;
Bac. Ab. h. t.; 4 Kent, Com. 173.
5. A debt due by a child to his father differs from an
advancement. In case of a debt, the money due may be recovered by
action for the use of the estate, whether any other property be
left by the deceased or not; whereas, an advancement merely bars
the child's right to receive any part of his father's estate,
unless he brings into hotch pot the property advanced. 17 Mass.
R. 93, 359. See, generally, 17 Mass. R. 81, 356; 4 Pick. R. 21;
4 Mass. R. 680; 8 Mass. R. 143; 10. Mass. R. 437; 5 Pick. R.
527; 7 Conn. R. 1; 6 Conn. R. 355; 5 Paige's R. 318; 6 Watts'
R. 86, 254, 309; 2 Yerg. R. 135; 3 Yerg. R. 95; Bac. Ab.
Trusts, D; Math. on Pres. 59; 5 Hayw. 137; 11 John. 91; l
Swanst. 13; 1 Ch. Cas. 58; 3 Conn. 31; 15 Ves. 43, 50; U. S.
Dig. h. t.; 6 Whart. 370; 4 S. & R. 333; 4 Whart. 130, 540; 5
Watts, 9; 1 Watts & Serg. 390; 10 Watts, R. 158; 5 Rawle, 213;
5 Watts, 9, 80; 6 Watts & Serg. 203. The law of France in
respect to advancements is stated at length in Morl. Rep. de
Jurisp. Rapport a succession.
ADVANCES, contracts. Said to take place when, a factor or agent
pays to his principal , a sum of, money on the credit of goods
belonging to the principal, which are placed, or are to be
placed, in the possession of the factor or agent, in order to
reimburse himself out of the proceeds of the sale. In such case
the factor or agent has a lien to the amount of his claim. Cowp.
R. 251; 2 Burr. R. 931; Liverm. on Ag. 38; Journ. of Law, 146.
2. The agent or factor has a right not only to advances made to
the owner -of goods, but also for expenses and dishursements made
in the course of his agency, out of his own moneys, on account
of, or for the benefit of his principal; such as incidental
charges forwarehouse-room, duties, freight, general average,
salvage, repairs, journeys, and all other acts done to preserve
the property of the principal, and to enable the agent to
accomplish the objects of the principal, are to be paid fully by
the latter. Story on Bailm. 197; Story on Ag. §335.
3. The advances, expenses and dishursements of the agent must,
however, have been made in good faith, without any default on his
part Liv. on Ag. 14-16; Smith on Merc. 56 Paley on Ag. by Lloyd,
109; 6 East, R. 392; 2 Bouv. list. n. 1340.
4. When the advances and dishursements have been properly made,
the agent is entitled not only to the return of the money so
advanced, but to interest upon such advances and dishursements,
whenever from the nature of the business, or the usage of trade,
or the particular agreement of the parties, it may be fairly
presumed to be stipulated for, or due to the agent. 7 Wend. R.
315; 3 Binn. R. 295; 3 Caines' R. 226; 1 H. Bl. 303; 3 Camp.
R. 467 15 East, R. 223; 2 Bouv. Inst. n. 1341. This just rule
coincides with the civil law on this subject. Dig. 17, 1, 12, 9;
Poth. Pand. lib. 17, t. 1, n. 74.
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ADVENTITIOUS, adventitius. From advenio; what comes
incidentally; us adventitia bona, goods that, fall to a man
otherwise than by inheritance; or adventitia dos, a dowry or
portion given by some other friend beside the parent.
ADVENTURE, bill of. A writing signed by a merchant, to testify
that the goods shipped on board a certain vessel are at the
venture of another person, he himself being answerable only for
the produce. Techn. Dict.
ADVENTURE, crim. law. See Misadventure.
ADVENTURE, mer. law. Goods sent abroad under the care of a
supercargo, to be disposed of to the best advantage for the
benefit of his employers, is called an adventure.
ADVERSARY. One who is a party in a writ or action opposed to
the other party.
ADVERSE POSSESSION, title to lands. The enjoyment of land, or
such estate as lies in grant, under such circumstances as
indicate that such enjoyment has been commenced and contiuued,
under an assertion or color of right on the part of the
possessor. 3 East, R. 394; 1 Pick. Rep. 466; 1 Dall. R. 67; 2
Serg. & Rawle, 527; 10 Watts R, 289; 8 Con R. 440; 3 Penn.
132; 2 Aik. 364; 2 Watts, 23; 9, John. 174; 18 John. 40, 355;
5 Pet. 402; 4 Bibb, 550. Actual possession is a pedis possessio
which can be only of ground enclosed, and only such possession
can a wrongdoer have. He can have no constructive possession. 7
Serg. & R. 192; 3 Id. 517; 2 Wash. C. Rep. 478, 479.
2. When the possession or enjoyment has been adverse for twenty
years, of which the jury are to judge from the circumstances the
law raises the presumption of a grant. Ang. on Wat. Courses, 85,
et seq. But this presumption arises only when the use or
occupation would otherwise have been unlawful. 3 Greenl. R. 120;
6 Binn. R. 416; 6 Cowen, R. 617, 677; Cowen, R. 589; 4 S. & R.
456. See 2 Smith's Lead. Cas. 307-416.
3. There are four general rules by which it may be ascertained
that possession is not adverse; these will be separately
considered.
4.- 1. When both parties claim under the same title; as, if a
man seised of certain land in fee, have issue two sons and die
seised, and one of the sons enter by abatement into the land, the
statute, of limitations will not operate against the other son;
for when the abator entered into the land of his father, before
entry made by his brother, the law intends that he entered
claiming as heir to his father, by which title the other son also
claims. Co. Litt s. 396.
5. - 2. When the possession of the one party is consistent with
the title of the other; as, where, the rents of a trust state
were received by a cestui que trust for more than twenty years
after the creation of the trust, without any interference, of the
trustee, such ppssession being consistent with and secured to the
cestui qwe trust by the terms of the deed, the receipt was held
not to be adverse to the title of the trustee. 8 East. 248.
6. - 3. When, in contemplation of law, the claimant has never
been out of possession; as, where Paul devised lands to John and
his heirs, and died, and John died, and afterwards the heirs of
John and a stranger entered, and took the profits for twenty
years; upon ejectment brought by the devisee of the heir of John
against the stranger, it was held that the perception of the
rents and profits by the stranger was not adverse to the
devisee's title; for when two men are in possession, the law
adjudges it to be the possession of him who has the right. Lord
Raym. 329.
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7. - 4. When the occupier has acknowledged the claimant's
titles; as, if a lease be granted for a term, and, after paying
the rent for the land during such term, the tenant hold for
twenty years without paying rent, his possession will not be
adverse. See Bos. & P. 542; 8 B. & Cr. 717; 2 Bouv. Inst. n.
2193-94, 2351.
ADVERTISEMENT. A 'notice' published either in handbills or in a
newspaper.
2. The law in many instances requires parties to advertise in
order to give notice of acts which are to be done; in these
cases, the advertisement is in general equivalent to notice.
3. When an advertisement contains the terms of sale, or
description of the property to be sold, it will bind the seller;
and if there be a material misrepresentation, it may avoid the
contract, or at least entitle the purchaser to a compensation and
reduction from the agreed, price. Kapp's R. 344; 1 Chit. Pr.
295.
ADVICE, com. law. A letter containing information of any
circumstances unknown to the person to whom it is written; when
goods are forwarded by sea or land, the letter transmited to
inform the consignee of the fact, is termed advice of goods, or
letter of advice. When one merchant draws upon another, he
generally advises him of the fact. These letters are intended to
give notice of the facts they contain.
ADVICE, practice. The opinion given by counsel to their
clients; this should never be done but upon mature deliberation
to the best of the counsel's ability; and without regard to the
consideration whether it will affect the client favorably or
unfavorably.
ADVISEMENT. Consideration, deliberation, consultation; as the
court holds the case under advisement.
ADVOCATE, civil and ecclesiastical law. 1. An officer who
maintains or de fends the rights of his client in the same manner
as the counsellor does in the common law.
2. Lord Advocate. An, officer of state in Scotland, appointed
by the king, to advise about the making and executing the law, to
prosecute capital crimes, &c.
3. College or faculty of advocates. A college consisting of 180
persons, appointed to plead in. all actions before the lords of
sessions.
4. Church or ecclesiastical advocates. Pleaders appointed by
the church to maintain its rights.
5. - 2. A patron who has the advowson or presentation to a
church. Tech. Dict.; Ayl. Per. 53; Dane Ab. c.,31, §20. See
Counsellor at law; Honorarium.
ADVOCATIA, civil law. This sometimes signifies the quality, or
functions, and at other times the privilege, or the territorial
jurisdiction of an advocate, See Du Cange, voce Advocatia,
Advocatio.
ADVOCATION, Scotch law. A writing drawn up in the form of a
petition, called a bill of advocation, by which a party in an
action applies to the supreme court to advocate its cause, and to
call the action out of an inferior court to itself. Letters of
advocation, are the decree or warrant of the supreme court or
court of sessions, discharging the inferior tribunal from all
further proceedings in the matter, and advocating the action to
itself. This proceeding is similar to a certiorari (q. v.)
issuing out of a superior court for the removal of a cause from
an inferior.
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ADVOCATUS. A pleader, a narrator. Bract. 412 a, 372 b.
ADVOWSON, ecclesiastical law. From advow or advocare, a right
of presentation to a church or benefice. He who possesses this
right is called the patron or advocate, (q. v.) when there is no
patron, or he neglects to exercise his right within six months,
it is called a lapse, i. e. a title is given to the ordinary to
collate to a church; when a presentation is made by one who has
no right it is called a usurpation.
2. Advowsons are of different kinds, as Advowson appendant,
when it depends upon a manor, &c. - Advowson in gross, when it
belongs to a person and not to a manor. - Advowson presentative,
where the patron presents to the bishop. - Advowson donative,
where the king or patron puts the clerk into possession without
presentation. - Advowson of the moiety of the church, where there
are two several patrons and two incumbents in the same churcb. -
A moiety of advowson, where two must join the presentation, of
one incumbent. - Advowson of religious houses, that whicb is
vested in the person who founded such a house. Techn. Dict.; 2
Bl. Com. 21; Mirehouse on Advowsons; Com. Dig. Advowson, Quare
Impedit; Bac. Ab. Simony; Burn's Eccl. Law, h. t.; Cruise's
Dig. Index, h. t.
AFFECTION, contracts. The making over, pawning, or mortgaging a
thing to assurp the payment of a sum of money, or the discharge
of some other duty or service. Techn. Diet.
AFFEERERS, English law. Those who upon oath settle and moderate
fines in courts leet. Hawk. 1. 2, c. 112.
TO AFFERE, English law. Signifies either "to affere an
amercement," i. e. to mitigate the rigor of a fine; or "to
affere an account," that is, to confirm it on oath in the
exchequer.
AFFIANCE, contracts. From affidare or dare fidem, to give a
pledge. A plighting of troth between a man and woman. Litt. s.
39. Pothier, Traite du Mariage, n. 24, defines it to be a an
agreement by which a man and a woman promise each other that they
will marry together. This word is used by some authors as
synonymous with marriage. Co. Litt. 34, a, note 2. See Dig. 23, 1
Code 5, 1, 4; Extrav. 4, 1.
AFFIDARE. To plight one's faith, or give fealty, i. e. fidelity
by making oath, &c. Cunn. Dict. h. t.
AFFIDATIO DOMINORUM, Eng. law. An oath taken by a lord in
parliament.
AFFIDAVIT, practice. An oath or affirmation reduced to writing,
sworn or affirmed to before some officer who has authority to
administer it. It differs from a deposition in this, that in the
latter the opposite party has had an opportunity to cross-examine
the witness, whereas an affidavit is always taken ex parte.
Gresl. Eq. Ev. 413. Vide Harr. Dig. h. t.
2. Affidavit to hold to bail, is in many cases required before
the defendant can be arrested; such affidavit must be made by a
person who is acquainted with the fact, and must state, 1st, an
indebtedness from the defendant to the plaintiff; 2dly, show a
distinct cause of action; 3dly, the whole must be clearly and
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certainly, expressed. Sell. Pr. 104; 1 Chit. R. 165; S. C. 18
Com. Law, R. 59 note; Id. 99.
3. An affidavit of defence, is made by a defendant or a person
knowing the facts, in which must be stated a positive ground of
defence on the merits. 1 Ashm. R. 4, 19, n. It has been decided
that when a writ of summons has been served upon three
defendants, and only one appears, a judgment for want of an
affidavit of defence may be rendered against au. 8 Watts, R. 367.
Vide Bac. Ab. h. t.
AFFINITAS AFFINITATIS. That connexion between two persons which
has neither consanguinity nor affinity; as, the connexion
between the hushand's brother and the wife's sister. This
connexion is formed not between the parties themselves, nor
between one of spouses and the kinsmen of the other, but between
the kinsmen of both. Ersk. Inst. B, 1, tit. 6, s. 8.
AFFINITY. A connexion formed by marriage, which places the
hushand in the same degree of nominal propinquity to the
relations of the wife, as that in which she herself stands
towards them, and gives to the wife the same reciprocal connexion
with the relations of the hushand. It is used in
contradistinction to consanguinity. (q. v.) It is no real
kindred.
2. Affinity or alliance is very different from kindred. Kindred
are relations. by blood; affinity is the tie which exists
between one of the spouses with the kindred of the other; thus,
the relations, of my wife, her brothers, her sisters, her uncles,
are allied to me by affinity, and my brothers, sistors, &c., are
allied in the same way to my wife. But my brother and the sister
of my wife are not allied by the ties of affinity: This will
appear by the following paradigms
My wife's father ---|
| |
| |
-----------------| |
| | |-- are all allied to me.
Ego ----- My Wife 0 My wife's sister ---|
| |
0 My wife's niece ---|
My wife's father, ---|
My Father | |My brother
| | |and my wife's
| | |sister are
|---------------| |----------| |not
allied
| | | | |to each other
My brother Ego ---- My wife, My wife's sister, |
3. A person cannot, by legal succession, receive an inheritance
from a relation by affinity; neither does it extend to the
nearest relations of hushand and wife, so as to create a mutual
relation between them. The degrees of affinity are computed in
the same way as those of consanguinity. See Pothier, Traite du
Mariage, part 3, ch. 3, art. 2, and see 5 M. R. 296; Inst. 1,
10, 6; Dig. 38, 10, 4, 3; 1 Phillim. R. 210; S. C. 1 Eng.
Eccl. R. 72; article Marriage.
TO AFFIRM, practice. 1. To ratify or confirm a former law or
judgment, as when the supreme court affirms the judgment of the
court of common pleas. 2. To make an affirmation, or to testify
under an affirmation.
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AFFIRMANCE. The confirmation of a voidable act; as, for
example, when an infant enters into a contract, which is not
binding upon him, if, after attaining his full age, he gives his
affirmance to it, he will thereafter be bound, as if it had been
made when of full age. 10 N. H. Rep. 194.
2. To be binding upon the infant, the affirmance must be made
after arriving of age, with a full knowledge that it would be
void without such confirmation. 11 S. & R. 305.
3. An affirmance may be express, that is, where the party
declares his determination of fulfilling the contract; but a
more acknowledgment is not sufficient. Dudl. R, 203. Or it may be
implied, as, for example, where an infant mortgaged his land and,
at full age, conveyed it, subject to the mortgage. 15 Mass. 220.
See 10 N. H. Rep. 561.
AFFIRMANCE-DAY, GENERAL. In the English Court of Exchequer, is
a day appointed by the judges of the common pleas, and barons of
the exchequer, to be held a few days after the beginning of every
term for the general affirmance or reversal of judgments. 2 Tidd.
1091.
AFFIRMANT, practice. One who makes affirmation instead of
making oath that the evidence which he is about to give shall be
the truth, as if he had been sworn. He is liable to all the pains
and penalty of perjury, if he shall be guilty of wilfully and
maliciously violating his affirmation.
AFFIRMATION, practice. A solemn declaration and asseveration,
which a witness makes before an officer, competent to administer
an oath in a like case, to tell the truth, as if be had been
sworn.
2. In the United States, generally, all witnesses who declare
themselves conscientiously scrupulous against taking a corporal
oath, are permitted to make a solemn affirmation, and this in all
cases, as well criminal as civil.
3. In England, laws have been enacted which partially relieve
persons who, have conscientious scruples against taking an oath,
and authorize them to make affirmation. In France, the laws which
allow freedom of religious opinion, have received the liberal
construction that all persons are to be sworn or affirmed
according to the dictates of their consciences; and a quaker's
affirmation has been received and held of the same effect as an
oath. Merl. Quest. de Droit, mot Serment, §1.
4. The form is to this effect: "You, A B, do solemnly,
sincerely, and truly declare and affirm," &c. For the violation
of the truth in such case, the witness is subject to the
punishment of perjury " as if he had been sworn.
5. Affirmation also means confirming; as, an affirmative
statute.
AFFIRMATiVE. Averring a fact to be true; that which is opposed
to negative. (q. v.)
2. It is a general rule of evidence that the affirmative of the
issue must be proved. Bull. N. P. 298 ; Peake, Ev. 2.
3. But when the law requires a person to do an act, and the
neglect of it, will render him guilty and punishable, the
negative must be proved, because every man is presumed to do his
duty and in that case they who affirm he did not, must prove it.
B. N. P. 298; 1 Roll. R. 83; Comb. 57; 3 B.& P. 307; 1 Mass.
R. 56.
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AFFIRMATIVE PREGNANT, Pleading. An affirmative allegation,
implying some negative, in favor of the adverse party, for
example, if to an action of assumpsit, which is barred by the act
of limitations of six years, the defendant pleads that be did not
undertake &c. within ten years; a replication that he did
undertake, &c. within ten years, would be an affirmative
pregnant; since it would impliedly admit that the defendant had
not promised within six years. As no proper issue could be
tendered upon such plea the plaintiff should, for that reason,
demur to it. Gould, PI. c. 6 29, 37; Steph. PI. 381; Lawes,
Civ. PI. 113; Bac. Ab. Pleas, N 6.
AFFORCE, AFFORCEMENT OF THE ASSIZE, Old English law, practice.
An ancient practice in trials by jury, which is explained by
Bracton, (fo. 185, b. 292 a) and by the author of Fleta, lib. 4,
cap. 9, §2. It consisted in adding other jurors to the panel of
jurors, after the cause had been committed to them, in case they
could not agree in a verdict. The author of Fleta (ubi sup) thus
describes it. The oath having been administered to the jury, the
(prenotarius) prothonotary, addressed them thus: "You will say
upon the oath you have taken, whether such a one unjustly and
without judgment disseized such a one of his freehold in such a
ville within three years or not." The justices also repeat for
the instruction of, the jurors the plaint of the plaintiff, &c.
The jurors then retire and confer together, &c. If the jurors
differ among themselves and cannot agree in one (sententiam)
finding, it will be in the discretion of the judges, &c; to
afforce the assize by others, provided there remain of the jurors
summoned many as the major party of the dissenting jurors; or
they may compel the same jurors to unanimity, viz. by directing
the sheriff to keep them safely without, meat or drink until they
agree. The object of adding to the panel a number equal to the
major party of the dissenting jurors, was to ensure a verdict by
twelve of them, if the jurors thus added to the panel should
concur with the minor party of the dissenting jurors. This
practice of afforcing the assize, was in reality a second trial
of the cause, and was abandoned, because the courts found it
would save delay and trouble by insisting upon unanimity. The
practice of confining jurors without meat and drink in
order to enforce unanimity, has in more modern times also been
abandoned and the more rational practice adopted of discharging
the jury and summoning a new one for the trial of the cause, in
cases where they cannot agree. This expedient for enforcing
unanimity was probably introduced from the canon law, as we find
it was resorted to on the continent, in other cases where the
unanimity of a consultative or deliberative body was deemed
indispensable. See Barring. on Stats. 19, 20; 1, Fournel, Hist.
des Avocats, 28, note.
TO AFFRANCHISE. To make free.
AFFRAY, criminal law. The fighting of two or more persons, in
some public place, to the terror of the people.
2. To constitute this offence there must be, 1st, a fighting;
2d, the fighting must be between two or more persons; 3d, it
must be in some public place ; 4th, it must be to the terror of
the people.
3. It differs from a riot, it not being premeditated; for if
any persons meet together upon any lawful or innocent occasion,
and happen on a sudden to engage in fighting, they are not guilty
of a riot but an affray only; and in that case none are guilty
except those actually engaged in it. Hawk. b. 1, c. 65, s. 3 ; 4
Bl. Com. 146; 1 Russell, 271.
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AFFREIGHTMEET, Com. law. The contract by which a vessel or the
use of it, is let out to hire. See Freight; General ship.
AFORESAID. Before mentioned; already spoken of. This is used
for the purpose of identifying a person or thing; as where
Peter, of the city of Philadelphia, has been mentioned; when it
is necessary to speak of him, it is only requisite to say Peter
aforesaid, and if the city of Philadelphia, it may be done as the
city of Philadelphia, aforesaid.
AFORETHOUGHT, crim. law. Premeditated, prepense; the length of
time during which the accused has entertained the thought of
committing the offence is not very material, provided he has in
fact entertained such thought; he is thereby rendered criminal
in a greater degree than if he had committed the offence without.
premeditation. Vide Malice; aforethought; Premeditation 2 Chit.
Cr. 785; 4 Bl. Com. 199; Fost. 132, 291, 292; Cro. Car. 131;
Palm. 545; W. Jones, 198; 4 Dall. R. 146; 1 P. A. Bro. App.
xviii.; Addis. R. 148; 1 Ashm. R. 289.
AFTERMATH. A right to have the last crop of grass or pasturage.
1 Chit. Pr. 181.
AGAINST THE FORM OF THE STATUTE. When a statute prohibits a
thing to be done, and an action is brought for the breach of the
statute, the declaration or indictment must conclude against the
form of the statute. See Contra formam statuti.
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