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A Rsu R A
A Rsu R A. The Trial Of Money By Heating It After It Was Coined. Now Obsolete. Art. In Patent Law. A Principle Put In Practice And Applied To Some Art, Machine, Manufacture, Or Composition Of Matter. Earle V. Sawyer, 4 Dias. 1, Fed. Cas. No. 4, 247. See Copyright ...

Abandonment
Abandonment. Relinquishment; Re Nunciation ; Surrender. Relinquishment Of A Right Or Of Property With The Intention Of Not Reclaiming It Or Resuming Its Ownership Or Enjoyment. The Relinquishment Or Surrender Of Rights Or Property By One Person • To Another. This Last Definition Was In Hickman 'v. Link, 116 Mo. ...

Abatement And Revival
Abatement And Revival. In Chan Cery Practice. A Suspension Of All Proceed Ings In A Suit, From The Want Of Proper Par Ties Capable Of Proceeding Therein. It Differs From An Abatement At Law In This; That In The Latter The Action Is Entirely Dead And Can Not Be Revived ...

Abatement And Revival 14
Abatement And Revival 14 Abatement And Revival No Ground For Abatement Of An Action At Law, That A Suit In Equity Is Pending Between The Same Parties For The Same Money Where The Result Of The Action At Law May Be Re Quired To Perfect The Decree In Equity; Kit ...

Abbreviation
Abbreviation. A Shortened Form Of A Word, Obtained By The Omission Of One Or More Letters Or Syllables From The Middle Or End Of The Word, The Abbreviations In Common Use In Modern Times Consist Of The Initial Letter Or Letters, Syilable Or Syilables, Of The Word. Anciently, Also, Contract ...

Abduction
Abduction. Forcibly Taking Away A Man's Wife, His Child, Or His Ward. 3 Bla. Com. 139-141; State V. George, 93 N. C. 567. The Unlawful Taking Or Detention Of Any Female For Purposes Of Marriage, Concubin Age, Or Prostitution. 4 Steph. Corn. 84. In Many States This Offence Is Created ...

Abjuration
Abjuration (lat. Abfuratio,' From Ab Jurare, To Forswear). A Renunciation Of Al Legiance, Tlpon Oath. In Am. Law. Every Alien, Upon Application To Become- A Citizen Of The United States, Must Declare On Oath Or Affirmation Before The Court Where The Application Is Made, Amongst Other Things, That He Doth ...

Abortion
Abortion. The Expulsion Of The Foetus At A Period Of Utero-gestation So Early That It Has Not Acquired The Power Of Sustaining An Independent Life. The Unlawful Destruction, Or The Bringing Forth Prematurely, Of The Human Foetus Be Fore The Natural Time Of Birth; State V. Maa Nell, 3 Pennewill ...

Absolute
Absolute (lat. Absobvere). Complete; Perfect ; Final ; Without Any Condition Or En Cumbrance; As An Absolute Bond (simples Obligatio) In Distinction From A Conditional Bond; An Absolute Estate, One That Is Free From All Manner Of Condition Or Incumbrance. See Condition. A Rule Is Said To Be Absolute When ...

Abstract Of Title
Abstract Of Title. An Epitome, Or Brief Statement Of The Evidences Of Owner Ship Of Real Estate And Its Encumbrances. See Smith V. Taylor, 82 Cal. 533, 23 Pac. 217; Simon Safe Deposit Co. V. Chisholm, 33 Ill. App. 647 ; Heinsen V. Lamb, 117 Ill. 549, 7 N. E. ...

Abut
Abut. To Reach, To Touch. In Old Law, The Ends Were Said To Abut, The Sides To Adjoin. Cro. Jac. 184. To Take A New Direction ; As Where A Bounding Line Changes Its Course. Spelman, Gloss. Abuttare. In The Modern Law, To Bound Upon. 2 Chit. Pl. 660. In ...

Acc Essi
Acc Essi 0 (lat.). An Increase Or Addi Tion; That Which Lies Next To A Thing, And Is Supplementary And Necessary To The Prin Cipal Thing; That Which Arises Or Is Produced From The Principal Thing. Calvinus, Lex. A Manner Of Acquiring The Property In A Thing Which Becomes United ...

Acceptance
Acceptance (lat. Acoipere, To Receive). The Receipt Of A Thing Offered By Another With An Intention To Retain It, Indicated By Some Act Sufficient For The Purpose. 2 Par Sons, Contr. 221. It Is Necessary That Each Party Should Do Some Act By Which He Will Be Bound; 3 B. ...

Acceptor Supra Protest 2
Acceptor Supra Protest ; 2 Q. B. 16. The Acceptance And Delivery Of Negotia Ble Paper On Sunday Is Void Between The Parties, But If Dated Falsely As Of Another Day, It Is Good In The Hands Of An Innocent Holder ; Harrison V. Powers, 76 Ga. 218. It May ...

Access
Access. Approach, Or The Means Or Pow Er Of Approaching. Sometimes By Access Is Understood Sexual Inter Course ; At Other Times, The Opportunity Of Commu Nicating Together So That Sexual Intercourse May Have Taken Place, Is Also Called Access. In This Sense A Man Who Can Readily Be In ...

Accession
Accession. Coming Into Possession Of A Right Or Office ; Increase ; Augmentation ; Addition. The Right To All Which One's Own Property Produces, Whether, That Property Be Movable Or Immovable, And The Right To That Which Is United To It By Accessary, Either Naturally Or Artificially. 2 Kent 360; ...

Accessory Contract
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. It Is A General Rule That Payment Or Release Of The Debt Due, Or The Performance Of A Thing Required To Be Performed ...

Accident
Accident (lat. To, And Cadere, To Fall). An Event Which, Under The Circumstances, Is Unusual And Unexpected. An Event The Real Cause Of Which Cannot Be Traced, Or Is At Least Not Apparent. Wabash, St. L. & Pac. Ry. Co. V. Locke, 112 Ind. 404, 14 N. E. 391, 2 ...

Accomplice
Accomplice (lat. Ad And Compticare Con, With, Together, Plicare, To Fold, To Wrap, —to Fold Together). In Criminal Law. One Who Is Concerned In The Commission Of A Crime. "one Who Is In Some Way Concerned In The Commission Of A Crime, Though Not As A Principal." Cross V. People, ...

Account Stated
Account Stated. An Agreed Balance Of Accounts. An Account Which Has Been Ex Amined And Accepted By The Parties. 2 Atk. 251. An Account Cannot Become An Account Stated With Reference To A Debt Payable On A Contingency ; Tuggle V. Minor, 76 Cal. 96, 18 Pac. 131. Although An ...

Accretion
Accretion (lat. Accrescere, To Grow To). ' The Increase Of Real Estate By The Addition Of Portions Of Soil, By Gradual Deposition Through The Operation Of Natural Causes, To That Already In Possession Of The Owner. 3 Washb. R. P. (5th Ed.) 50. The Term A/luvion Is Applied To The ...

Acknowledgment
Acknowledgment. The Act Of One Who Has Executed A Deed, In Going Before Some Competent Officer Or Court And Declar Ing It To Be His Act Or Deed. The Acknowledgment Is Certified By The Officer Or Court; And The Term Acknowledgment Is Sometimes Used To Deeignate The Certificate. The Function ...

Acquittal
Acquittal. A Release Or Discharge From An Obligation Or Engagement. According To Lord Coke, There Are Three Kinds Of Acquittal, Namely: By Deed, When The Party Re Leases The Obligation; By Prescription ; By Tenure; Co. Litt 100 A. The Absolution Of A Party Charged With A Crime Or Misdemeanor. ...

Across
Across. From Side To Side. Transverse To The Length Of. Hannibal & St. J. R. Co. V. Packet Co., 125 U. S. 260, 8 Sup. Ct. 874, 31 L. Ed. 731; But See Appeal Of Bennett's Branch Imp. Co., 65 Pa. 242. It May Mean Over ; Brown V. Meady, ...

Actio Personalis Moritur Cum
Actio Personalis Moritur Cum Persona (lat.). A Personal Action Dies With The Person. In Practice. A Maxim Which Expressed The Law In Regard To The Surviving Of Per Sonal Actions. This Maxim Does Not Apply In Case Of The Civil Death Of Either Persons Or Corporations ; Shayne V. Publishing ...

Action
Action (lat. Agere, To Do). A Doing Of Something; Something Done. The Formal Demand Of One's Right From Another Person, Made And Insisted On In A Court Of Justice. In A Quite Common Sense, Action Includes All The Formal Proceedings In A Court Of Justice Attendant Upon The De Mand ...

Ad Emption
Ad Emption (lat. Ademptio, A Taking Away). The Extinction Or Withholding Ot A Legacy In Consequence Of Some Act Of The Tes Tator Which, Though Not Directly A Revoca Tion Of The Bequest, Is Considered In Law As Equivalent Thereto, Or Indicative Of An Inten Tion To Revoke. It Is ...

Ad Tunc Et Ibidem
Ad Tunc Et Ibidem. The Technical Name Of That Part Of An Indictment Contain Ing The Statement Of The Subject-matter "then And There Being Found." Bacon, Abr. Indict Ment, G. 4; 1 No. C. 93. In An Indictment, The Allegation Of Time And Place Must Be Repeated In The Averment ...

Ad Vocati
Ad Vocati (lat.). In Roman Law. Pa Trons; Pleaders; Speakers. Originally The Management Of Euite At Law Was Undertaken By The Patrowus For His Cliens As A Mat Ter Of Duty Arising Out Of Their Reciprocal Relation. Afterwards It Became A Profession, And The Rela Tion, Though A Peculiarly Confidential ...

Addition
Addition (lat. Additio, An Adding To). Whatever Is Added To A Man's Name By Way Of Title Or Description, As Additions Of Mystery, Place, Or Degree. Cowell; Termes De La Ley ; 10 Wentw. Pl. 371; Salk. 5 ; 2 Ld. Raym. 988; 1 Wils. 244. Additions Of Estate Are ...

Administering Poison
Administering Poison. An Offence Of An Aggravated Character, Punishable Un Der The Variouestatutes Defining The Offence. 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 ...

Administration
Administration. The Management Of The Estate 'of An Intestate, Or Of A Testator Who Has' No Executor. 2 Bla. Cora. 494 ; 1 Wil Liams, Ex. 401. The Term Is Applied Broadly To Denote The Management Of An Estate By An Executor, And Also The Management Of Estates Of Minors, ...

Administrator
Administrator. The Appointment Of An Administrator Is Required In The Case Of One Who Dies Intestate. The Appointment Of The Administrator Must Be Lawfiilly Made With His Consent, And By An Officer Having Jurisdiction. If An Improper Administrator Be Appointed, His Acts Are Not Void Ab Initio, But Are Good, ...

Admiralty
Admiralty. A Court Which Has A Very Extensive Jurisdiction Of Maritime Causes, Civil And Criminal. On The Revival Of Commerce After The Fall Of The Western Empire, And The Conquest And Settlement By The Barbarians, It Became Necessary That Some Tribunal Should Be Established That Might Hear And Decide Causes ...

Admissions
Admissions. Confessions Or Voluntary Acknowledgments Made By A Party Of The Ex Istence Of Certain Facts. As Distinguished From Confessions, The Term Is Ap Plied To Civil Transactions And To Matters Of Fact In Criminal Cases Where There Is No Criminal Intent. As Distinguished From Consent, An Admission May Be ...

Adoption
Adoption. The Act By Which A Person Takes The Child Of Another Into His Family, And Treats Him As His Own. A Juridical Act Creating Between Two Per Sons Certain Relations, Purely Civil, Of Pater Nity And Filiation. 6 Demolombe, § 1. Adoption Was Practised In The Remotest Antiquity. Cicero ...

Adultery
Adultery. The Voluntary Sexual Inter Course Of A Married Person With A Person Other Than The Offender's Husband Or Wife. Bishop, Mar. & D. § 415 ; Moore, V. Com., 6 Mete. (mass.) 243, 39 Am. Dec. 724 ; State V. Hutchinson, 36 Me. 261; Cook V. State, 11 Ga. ...

Advancement
Advancement. A Gift By Anticipation From A Parent To A Child Of The Whole Or A Part Of What It Is Supposed Such Child Will Inherit On The Death Of The Parent. Hengst's Estate, 6 Watts (pa.) 87 ; Sampson V. Samp Son, 4 S. & R. (pa.) 333 ; ...

Advances
Advances. Payments Made To The Own Er Of Goods By A Factor Or Agent, Who Has Or Is To Have Possession Of The Goods For The Purpose Of Selling Them. An Agent Is Entitled To Reimburse Himself From The Proceeds Of The Goods, And Has A Lien On Them For ...

Adverse Possession
Adverse Possession. The Enjoyment Of Land, Or Such Estate As Lies In Grant, Un Der Such Circumstances As Indicate That Such Enjoyment Has Been Commenced And Contin Ued Under An Assertion Or Color Of Right On The Part Of The Possessor. 3 East 394 ; Wal Lace V. Duffield, 2 ...

Advertisement
Advertisement. Information Or Knowl Edge Communicated To Individuals Or The Lic In A Manner Designed To Attract General Attention. A Notice Published In Handbills, Placards, A Newspaper, Etc.; Cited In Darst V. Doom, 38 Ill. App. 397. The Law In Many Instances Requires Par Ties To Advertise In Order To ...

Advo Wso N
Advo Wso N. A Right Of Presentation To A Church Or Benefice. He Who Possesses This Right Is Called The Patron Or Advocate. When There Is No Patron, Or He Neg Lects To Exercise His Right Within Six Months, It Is Called A Lapse, And A Title Is Given To ...

Advocate
Advocate. An Assistant; Adviser ; A Pleader Of Causes. Derived Front Advocate, To Summon To One's As Sistance; Advocatus Originally Signified An Assistant Or Helper Of Any Kind, Even An Accomplice In The Commission Of A Crime; Cicero, Pro Ccecina, C. 8 ; Livy, Lib. Ii. 55 ; Iii. 47; ...

Affidavit
Affidavit. A Statement Or Declaration Reduced To Writing, And Sworn To Or Affirmed Before Some Officer Who Has Authority To Ad , Minister An Oath Or Affirmation. Quoted And Approved In Shelton V. Berry, 19 Tex. 154, 70 Am. Dec. 326. It Differs From A Deposition In This, That In ...

Affidavit Of Merits
Merits, Affidavit Of. Under The Practice In Some Jurisdictions, An Affidavit Of Merits Is Required To Be Filed By Defend Ant In Order To Prevent The Signing Of Judg Ment By Default; Young V. Browning, 71 Ill. 44; Clark V. Dotter, 54 Pa. 215. The Affi Davit Is Usually Required ...

Affirmance
Affirmance. The Confirmation Of A Voidable Act By The Party Acting, Who Is To Be Bound Thereby. The Term Is In Accuracy To Be Distinguished From Ratification,, Which Is A Recognition Of The Validity Or Binding Force As Against The Party Ratifying, Of Some Act Performed By Another Person ; ...

Affray
Affray. The Fighting Of Two Or More Persons In A Public Place To The Terror Of The People. Mere Words Cannot Amount To An Affray. Any Person Is Justified In Using Force To Part The Combatants ; 1 Cr. M. & R. 757. It Differs From A Riot In Not ...

After Verdict
After Verdict , The General Form Of Judg Ment For Plaintiff In Actions On Contracts Sounding In Damages, And In Actions Found Ed On Torts Unaccompanied With Violence, Is This: "therefore It Is Considered That The Said A B Do Recover Against The Said C D His Damages Aforesaid, And ...

Against The Will
Against The Will. Technical Words Which Must Be Used In Framing An Indict Ment For Robbery From The Person. 1 Chit. Cr. Law 244. In The Statute Of 13 Edw. I. (westm. 2d) C. 34, The Offence Of Rape Is Described To Be Ravishing A Woman "where She Did Not ...

Agnati
Agnati. In Civil Law. All Individuals Subject For The Time Being To The Same Pa Trio Potestas, Or Who Would Be So Subject Were The Common Ancestor Alive. Brothers And Sisters, With Their Uncles, Aunts, Neph Ews, Nieces, And Other Collaterals (not Hav Ing Been Received By Adoption Or Marriage ...

Agreement
Agreement. A Coming Together Of Par Ties In Opinion Or Determination; The Union Of Two Or More Minds In A Thing Done Or To Be Done; A Mutual Assent To Do A Thing. Comyn, Dig. Agreement, A 1; Plowd. 5 A, 6 A. Aggregatio Mentium.—when Two Or More Minds Are ...

Agreement For Insurance
Agreement For Insurance. An Agreement Often Made In Short Terms Pre Liminary To The Filling Out And Delivery Of A Policy With Specific Stipulations. Such An Agreement, Specifying The Rate Of Premium, The Subject, And Risk, And Amount To Be Insured, In General Terms, And Being Assented To By The ...

Agricultural Liens
Agricultural Liens. Among These Are, A Lien Of Laborers Upon Crops For Their Wages, Which Is Held Superior To The Lien Of A Mort Gage Of The Crop, Executed Prior To The Labor Er's Lien ; Watson V. May, 62 Ark. 435, 35 S. W. 1108; Irwin V. Miller, 72 ...

Aid And Comfort
Aid And Comfort. Help ; Support ; Assistance; Counsel; Encouragement. The Constitution Of The United States, Art. 3, S. 3, Declares That Adhering To The Enemies Of The United States, Giving Them Aid And Comfort, Shall Be Trea Son. These Words, As They Are To Be Understood In The Constitution, ...

Aiding And Abetting
Aiding And Abetting. The Offence Committed By Those Persons Who, Although Not The Direct Perpetrators Of A Crime, Are Yet Present At Its Commission, Doing Some Act To Render Aid To The Actual Perpetrator There Of. 4 Bla. Com. 34; Russ. & R. 363, 421; State V. Hildreth, 31 N. ...

Al D Erman
Al D Erman. Equivalent To Senator Or Senior. Cowell. In English Law. An Associate To The Chief Civil Magistrate Of A Corporate Town Or City. The Word Was Formerly Of Very Extended Significa Tion. Spelman Enumerates Eleven Classes Of Alder Men. Their Duties Among The Saxons Embraced Both Magisterial And ...

Alibi
Alibi (lat. Elsewhere). Presence In An Other Place Than That Described. When A Person, Charged With A Crime, Proves (se Eadem Die Fuisse Alibi) That He Was, At The Time Al Leged, In A Different Place From That In Which It Was Committed, He Is Said To Prove An Alibi, ...

Alien
Alien (lat. Aienus, Belonging To Anoth Er; Foreign). A Foreigner; One Of Foreign Birth. In England, One Born Out Of The Allegiance Of The King. In The United States One Born Out Of The Jurisdiction Of The United States And Who Has Not Been Naturalized Under Their Consti Tution And ...

Alimony
Alimony. The Allowance Which A Hus Band By Order Of Court Pays To His Wife, Liv Ing Separate From Him, For Her Maintenance. 2 Bish. Marr. & D. 351; Chase V. Chase, 55 Me. 21; Odom V. Odom, 36 Ga. 286, It Is Also Commonly Used As Equally Ap Plicable ...