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Bouvier's Law Dictionary

Allegiance
Allegiance. The Tie Which Binds The Citizen To The Government, In Return For The Protection Which The Government Affords Him. The Duty Which The Subject Owes To The Sovereign, Correlative With The Protec Tion Received. It Is A Comparatively Modern Corruption Of Ligeance (tigeantia), Which Is Derived From Liege (ligius), ...

Alluvion
Alluvion. That Increase Of The Earth On A Bank Of A River, Or On The Shore Of The Sea, By The Force Of The Water, As By A Cur Rent Or By Waves, Or From Its Recession In A Navigable Lake, Which Is So Gradual That No One Can Judge ...

Alodium Alod
Alod, Alodium. It Is A Term Used In Opposition To Feed Urn Or Fief, Which Means Property, The'use Of Which Was Bestowed Up On Another By The Proprietor, On Condition That The Grantee Should Perform Certain Serv Ices For The Grantor, And Upon The Failure Of Which The Property Should ...

Alteration
Alteration. A Change In The Terms Of A Contract Or Other Written Instrument By A Party Entitled Under It, Without The Consent Of The Other Party, By Which Its Meaning Pr Language Is Changed. The Term Is Properly Applied To The Change In The Language Of Instruments, And Is Not ...

Ambassador In International Law
Ambassador In International Law. Ambassadors Formed The First Class Of The Public Ministers (q. V.) Who Were Sent Abroad By Sovereign States With Authority To Represent Their Government And To Transact Business With The Government To Which They Were Sent. A Distinction Was Formerly Made Between Ambassadors Extraordinary, Who Were ...

Ambiguity
Ambiguity. Duplicity, Indistinctness Or Uncertainty Of Meaning Of An Expression Used In A Written Instrument. The Word "uncertainty" In A Suit Refers To The Uncertainty Defined In Pleading And Does Not Include Ambiguity ; Kraner V. Halsey, 82 Cal. 209, 22 Pac. 1137. Latent Is That Which Arises From Some ...

Amendment
Amendment. In Legislation. An Alter Ation Or Change Of Something Proposed In A Bill Or Established As Law. Thus The Senate Of The United States May Amend Money-bills Passed By The House Of Representatives, But Cannot Originate Such Bills. The Constitution Of The United States Contains A Provision For Its ...

Amittere Liberam Legem
Amittere Liberam Legem. To Lose The Privilege Of Giving Evidence Under Oath In Any Court ; To Become Infamous, And In Capable Of Giving Evidence. Glanville 2. If Either Party In A Wager Of Battle Cried "craven" He Was Condemned Amittere Liberam Legem; 3 Bla. Corn. 340. An Act Of ...

Amotion
Amotion (lat. Amavere, To Remove ; To Take Away). • An Unlawful Taking Of Personal Chattels Out Of The Possession Of The Owner, Or Of One Who Has A Special Authority In Them. A Turning Out Of The Proprietor Of An Es Tate In Realty Before The Termination Of His ...

Anarchy
Anarchy. The Absence Of All Political Government; By Extension, Confusion In Gov Ernment. The Absence Of Government ; A State Of So Ciety Where There Is No Law Or Supreme Pow Er. Spies V. People; 122 Ill. 253, 12 N. E. 865, 17 N. E. 898, 3 Am. St. Rep. ...

Ancient Lights
Ancient Lights. Windows Or Open Ings Which Have Remained In The Same Place And Condition Twenty Years Or More. Wright V. Freeman, 5 Harr. & J. (md.) 477; Story V. Odin, 12 Mass. 157, 7 Am. Dec. 46 ; Thurs Ton V. Hancock, 12 Mass. 220, 7 Am. Dec. 57. ...

Ancient Writings
Ancient Writings. Deeds, Wills, And Other Writings, More Than Thirty Years Old. They May, In General, Be Read In Evidence Without Any Other Proof Of Their Execution Than That They Have Been In The Possession Of Those Claiming Rights Under Them; 1 Greenl. Ey. § 141; 12 M. & W. ...

And Cry
And Cry. A Pursuit Of One Who Had Committed Felony, By The Highway. The Meaning Of Hue Is Said To Be Shout, From The Saxon Hoer; But This Word Also Means To Foot, And It May Be Reasonably Questioned Whether The Term May Not Be Up Foot And Cry, In ...

And Immunities Civilrights
And Immunities ; Civil Rights ; Due Pro Cess Of Law. The Guaranties Of Due Process Of Law And Of Equal Protection Of The Laws Are Rights Secured To All Persons Whether Citizens Or Not. The Two Are In Most Cases Treated To Gether, Though Occasionally Differentiated. The Guaranty Means ...

Animal
Animal. Any Animate Being Which Is Not Human, Endowed With The Power Of Vol Untary Motion. Domitw Are Those Which Have Been Tamed By Man ; Domestic. Ferro Natwro Are Those Which Still Retain Their Wild Nature. A Man May Have An Absolute Property In Animals Of A Domestic Nature; ...

Annual Assay
Annual Assay. An Annual Trial Of The Gold And Silver Coins Of The United States, To Ascertain Whether The Standard Fineness And Weight Of The Coinage Is Maintained. At Every Delivery Of Coins Made By The Coiner To A Superintendent, It Is Made The Duty Of The Super Intendent, In ...

Annuity
Annuity (lat. Annuaa, Yearly). A Yearly Sum Stipulated To Be Paid To Another In Fee, Or For Life Or Years, And Chargeable Only On The Person Of The Grantor. Co. Litt. 144 B; 2 Bla. Com. 40; Lumley, Ann. 1; Mayor, Etc., Of City Of New Orleans V. Duplessis, 5 ...

Anonymous
Anonymous. Without Name. Books Published Without The Name Of The Author Are Said To Be Anonymous. Cases In The Reports Of Which The Names Of The Parties Are Not Given Are Said To Be Anonymous. An Anonymous Society In The Mexican Code Is One Which Has No Firm Name And ...

Anthropometry
Anthropometry. A Word Given By French Savant, Alphonse Bertillon, To A Sys Tem Of Identification Depending On The Un Changing Character Of Certain Measurements Of Parts Of The Human Frame. It Was Largely Adopted After Its Introduction In France In 1883, But Fell Into Disfavor As Being Costly And As ...

Apartment
Apartment. A Part Of A House Occupied By A Person, While The Rest Is Occupied By Another Or Others. 7 M. & G. 95 ; 6 Mod. 214 ; Woodf. L. & T. (1st Am. Ed.) 660. "apartments Is A Proper Description Of The Premises So Occupied ;" 7 M. ...

Apoplexy
Apoplexy. In Medical Jurisprudence. The Group Of Symptoms Arising From Rupture Of A Minute Artery And Consequent Hem Orrhage Into The Substance Of The Brain Or From The Lodgment Of A Minute Clot In One Of The Cerebral Arteries. The Symptoms Consist Usually Of Sudden Loss Of Consciousness, Muscular Relaxation, ...

Appeal
Appeal. In Criminal Practice. A Formal Accusation Made By One Private Person Against Another Of Having Committed Some Heinous Crime. 4 Bla. Com. 312. Anciently, Appeals Lay For Treason As Well As Felonies ; But Appeals For Treason Were Abolished By Statutes 5 Edw. Iii. C. 9, 25 Edw. Iii. ...

Appeal And Error
Appeal And Error. The Methods Of Exercising Appellate Jurisdiction For "the Re View By A Superior Court Of The Final Judg Ment, Order, Or Decree Of Some Inferior Court." Ex Parte Batesville & Brinkley R. Co., 39 Ark. 82. "the Most Usual Modes Of Exercising Ap Pellate Jurisdiction * * ...

Appearance
Appearance. A Coming Into Court As Party To A Suit, Whether As Plaintiff Or De Fendant. The Former Proceeding By Which A Defend Ant Submits Himself To The Jurisdiction Of The Court. Tr. & H. Prac. 226, 271. Appearance Anciently Meant An Actual Coming Into Court, Either In Person Or ...

Application
Application. The Act Of Making A Re Quest For Something. It Need Not Be In Writ-. Ing ; State V. Stiles, 12 N. J. L. 296. A Written Request To Have A Certain Quan Tity Of Land At Or Near A Certain Specified Place, Under A Statute For Location Of ...

Appointment
Appointment. The Designation Of A Person, By The Person Or Persons Having Au Thority Therefor, To Discharge The Duties Of Some Office Or Trust. The Making Out A Commission Is Conclusive Evidence Of An Appointment To An Office For Holding Which A Commission Is Required ; Marbury V. Madison, 1 ...

Appointment Of Executors And
Appointment Of Executors And Adminis Trators And The Letters Testamentary Or Of Administration. The' Appointment Of Ex Ecutors And Administrators Is Made Upon Ap Plication To The Proper Officer Having Juris Diction, In Some States By A Petition Followed By A Citation To The Interested Parties, To Be Served Upon ...

Apportionment
Apportionment. The Division Or Dis Tribution Of A Subject-matter In Ate Parts. Co. Litt. 147; 1 Swanst. 37, N.; 1 Story, Eq. Jur. (13th Ed.) § 475 A. Of Contracts. The Allowance, In Case Of The Partial Performance Of A Contract, Of A Proportionate Part Of What The Party Would ...

Apportionment Landlord And Tenant
Apportionment; Landlord And Tenant. The Day Of Payment Depends, In The First Instance, Upon The Contract ; If This Is Silent In That Respect, Rent Is Payable Quarterly Or Half-yearly, According To The Custom Of The Country ; But If There Be No Usage Governing The Case, It Is Not ...

Apprenticeship
Apprenticeship. A Contract By Which One Person Who Understands Some Art, Trade, Or Business, And Is Called The Master, Under Takes To Teach The Same To Another Person, Commonly A Minor, And Called The Appren Tice, Who, On His Part, Is Bound To Serve The Master, During A Definite Period ...

Appropriation Of Payments
Appropriation Of Payments. The Application Of A Payment Made To A Creditor By His Debtor, To One Or More Of Several Debts. The Debtor Has The First Right Of Appropri Ation ; 2 B. & C. 72. No Precise Declaration Is Required Of Him, His Intention (terhune V. Colton, 12 ...

Appurtenances
Appurtenances. Things Belonging To Another Thing As Principal, And Which Pass As Incident To The Principal Thing. Harris V. Elliott, 10 Pet. (u. S.) 25, 9 L. Ed. 333 ; Blaine's Lessee V. Chambers, 1 S. & R. (pa.) 169; Cro. Jac. 121, 526; 1 P. Wms. 603; 2 Coke ...

Arbitration
Arbitration. A Common Provision In Poli Cies For All Kinds Of Insurance Is One For Compulsory Arbitration In Case Of Differei,_.! Between The Parties As To The Amount Of Loss. Such A Provision Has Been Held Void As Oust Ing The Court Of Its Jurisdiction; Baldwin V. Accident Ass'n, 21 ...

Aristocracy
Aristocracy. A Government In Which. A Class Of Men Rules Supreme. Aristotle Classified Governments According To The Person Or Persons In Whom The Supreme Power Is Vested: In Monarchies Or Kingdoms, In Which One Rules Supreme ; In Aristocracies, In Which A Class Of Men Rules Supreme ; And In ...

Arizona
Arizona. One Of The States Of The Ameri Can Union. This Region Was First Visited By The Spanish In 1526, And Was Afterwards Explored Under The Direc Tion Of The Viceroy Of Mexico In 1540; Nothing Was Done, However, Towards Settling The Country Until The Year 1580, When A Military ...

Arms
Arms. Anything That A Man Wears For His Defence, Or Takes In His Hands, Or Uses In His Anger, To Cast At Or Strike At Another. Co. Litt. 161 B, 162 A; Cromp. Just. P. 65 ; Cunning, Diet. The Constitution Of The United States, Amend. Art. 2, Declares That, ...

Arraignment
Arraignment. Calling The Defendant To The Bar Of The Court, To Answer The Accu Sation Contained In The Indictment. The ,drat Step In -the Proceeding Consists In Calling The Defendant To The Bar By His Name, And Commanding Him To Hold Up His Hand. This Is Done For The Purpose ...

Arrest
Arrest. To Deprive A Person Of His Lib Erty By Legal Authority. The Taking, Seizing Or Detaining The Person Of Another, Touching Or Putting Hands Upon Him In The Execution Of Process, Or Any Act Indicating An Intention To Arrest. Ii. S. V. Benner, Bald. 234, 239, Fed. Cas. No. ...

Arrest Of Judgment
Arrest Of Judgment. The Act Of A Court By Which The Judges Refuse To Give Judgment For The Plaintiff, Because Upon The Face Of The Record It Appears That The Plain Tiff Is Not Entitled To It. A Motion For Arrest Of Judgment Must Be Grounded On Some Objection Arising ...

Arson
Arson (lat. Ardere, To Burn). The Licious Burning Of The House Of Another. Co. 3d Inst. 60; Bish. Cr. L. § 415; 4 Bla. Conk 220; Curran's Case, 7 Gratt. (va.) 639; Ritchey V. State, 7 Blackf. (ind.) 168; Mary V. State, 24 Ark. 44, 81 Am. Dec. 60; 1 ...

Articles
Articles (lat. Articulus, A Joint). Di Visions Of A Written Or Printed Document Or Agreement. A Specification Of Distinct Matters Agreed Upon Or Established By Authority Or Requir Ing Judicial Action. The Fundamental Idea Of An Article Is That Of An Object Comprising Some Integral Part Of A Complex Whole. ...

Articles Of Confederation
Articles Of Confederation. The Title Of The Compact Which Was Made By The Thirteen Original States Of The United States Of America. Story, Const. 215, 223. The Full Title Was "articles Of Confederal Tion And Perpetual Union Between The States Of New Hampshire, Massachusetts Bay, Rhode Island And Providence Plantations, ...

Articles Of Partnership
Articles Of Partnership. A Writ Ten Agreement By Which The Parties Enter To A Partnership Upon The Conditions Therein Mentioned. These Are To Be Distinguished From Agreements To Enter Into A Partnership At A Future Time. By Arti Cles Of Partnership A Partnership Is Actually Estab Lished; While An Agreement ...

Assault
Assault. An Unlawful Offer Or Attempt With Force Or Violence To Do A Corporeal Hurt To Another. Force Unlawfully Directed Or Applied To The Person Of Another Under Such Circum Stances As To Cause A Well-founded Appre Hension Of Immediate Peril. Bish. Cr. Law 548. Aggravated Assault Is One Committed ...

Assembly
Assembly. The Meeting Of A Number Of Persons In The Same Place. An Assembly Of Persons Would Seem To Mean Three Or More. 40 S. J. 481. Political Assemblies Are Those Required By The Constitution And Laws: For Example, The General Assembly, Which Includes The Senate And House Of Representatives. ...

Assess
Assess. To Rate Or, Fix The Proportion Which Every Person Has To Pay Of Any Par Ticular Tax. To Tax. To Adjust The Shares Of A Contribution By Several Towards A Com Mon Beneficial Object According To The Bene Fit Received. To Fix The Value Of ; To Fix The ...

Assets
Assets. All The Stock In Trade, Cash, And All Available Property Belonging To A Merchant Or Company. The Property In The Bands Of An Heir, Ex Ecutor, Administrator, Or Trustee, Which Is Legally, Or Equitably Chargeable With The Ob Ligations Which Such Heir, Executor, Admin Istrator, Or Other Trustee Is, ...

Assignment
Assignment (law Lat Assignatio, From Assign, Ad And Signum,—to Mark For; To Appoint To One; To Appropriate To). A Transfer Or Making Over To Another Of The Whole Of Any Property, Real Or Personal, In Possession Or In Action, Or Of Any Estate Or Right Therein. A Transfer By Writing, ...

Assignment Of Dower
Assignment Of Dower. The Act By Which The Share Of A Widow In Her Deceased Husband's Real Estate Is Ascertained And Set Apart To Her. The Assignment May Be Made In Pais By The Heir Or His Guardian, Or The Devisee Or Other Persons Seized Of The Lands Subject To ...

Assignments And Transfers
Assignments And Transfers. Voluntary Assignments Of Personal Property, Valid Where Made, Will Transfer Property Every Where ; Speed V. May, 17 Pa. 91, 55 Am. Dec. 540; Schroder V. Tompkins, 58 Fed. 672; Van Wyck V. Read, 43 Fed. 716; Rich Ardson V. Leavitt, 1 La. Ann. 430, 45 Am. ...

Assignmenvof Errors
Assignmenvof Errors. The State Ment Of The Case Of The Plaintiff In Error, On A Writ Of Error, Setting Forth The Errors Com Plained Of. It Corresponds With The Declaration In An Ordinary Action ; 2 Tidd, Pr. 1168; 3 Steph. Com. (11th Ed.) 623. All The Errors Of Which ...

Assiza Assize
Assize, Assiza (lat. Assidere, To Sit By Or Near, Through The Fr. Assisa, A Session). A Writ Directed To The Sheriff For The Recov Ery Of Immovable Property, Corporeal Or In Corporeal. Littleton § 234. The Action Or Proceedings In Court Based Upon Such A Writ. Magna Carta C. 12; ...

Association
Association. The Act Of A Number Of Persons In Uniting Together For Some Purpose. The Persons So Joining. An Organized `union Of Persons For A Com Mon Purpose ; A Body Of Persons Acting To Gether For The Promotion Of Some Object Of Mutual Interest Or Advantage. Cent. Dict. Any ...

Assu M Psi
Assu M Psi T (lat. Assumpsit, He Has Un Dertaken). In Contracts. An Undertaking, Either Express Or Implied, To Perform A Parol Agreement. 1 Lilly, Reg. 132. Express Assumpsit Is An Undertaking Made Orally, By Writing Not Under Seal, Or By Mat Ter Of Record, To Perform An Act Or ...

Asylum
Asylum. A Refuge; A Place Of Retreat And Security. An Establishment For The De Tention And Cure Of Persons Suffering From Mental Disease—and Also A Place For The Re Ception And Bringing Up Of Desolate Orphans. That Some Of Its Inmates Are To Be Orphans Will Not Impart To The ...

At Law
At Law. In All Pleadings In Confession And Avoid Ance, Admission Of The Truth Of The Opposite Party's Pleading Is Made. Express Admis Sions May Be Made Of Matters Of Fact Only. The Usual Mode Of Making An Express Ad Mission In Pleading Is After Saying That The Plaintiff Ought ...

At Law
At Law. In.actions Ex Contractu. All Who Have A Joint Legal Interest Or Are Jointly Entitled Must Join In An Action On A Con Tract, Even Though It Be In Terms Several, Or Be Entered Into By One In Behalf Of All; 1 Saund. 153 ; Archb. Civ. Pl. 58; ...

Attachment
Attachment. Taking Into The Custody Of The Law The Person Or Property Of One Already Before The Court, Or Of One Whom It Is Sought To Bring Before It. , A Writ For The Accomplishment Of This Pur Pose. This Is The More Common Sense Of The Word. It Is ...

Attainder
Attainder. That Extinction Of Civil Rights And Capacities Which Takes Place Whenever A Person Who Has Committed Trea Son Or Felony Receives Sentence Of Death For His Crime. 1 Steph. Corn. 408 ; 1 Bish. Cr. L. § 641. Attainder By Confession Is Either By Plead Ing Guilty At The ...

Attempt
Attempt. An Endeavor To Accomplish A Crime Carried Beyond Mere Preparation, But Falling Short Of Execution Of The Ultimate De :sign In Any Part Of It. .com. V. Mcdonald, 5 Cush. (mass.) 367; Griffin V. State, 26 Ga. 493. An Intent To Do A Particular Criminal Thing Combined With An ...

Attestation
Attestation. The Act Of Witnessing An Instrument In Writing, At The Request Of The Party Making The Same, And Subscribing It As A Witness. 3 P. Wins. 254; Shanks V. Chris Topher, 3 A. K. Marsh. (ky.) 146; Hall V. Hall, 17 Pick. (mass.) 373. Deeds, At Common Law, Do ...

Attorn
Attorn. To Turn Over ; To Transfer To Another Money Or Goods; To Assign To Some Particular Use Or Service. Kennet, Paroch. Antiq. 283. Used Of The Part Taken By The Tenant In A Trans Fer Of Lands; 2 Bla. Com. 288; Littleton § 551. Now Used Of Assent To ...

Attorneys Lien
Attorney's Lien. This. Under English Law, Was A Lien For Costs Taxed In The Cause. In The Early Cases The Attorney Or Solicitor Was Put Upon The Same Footing As Other Court Officers, Such As Clerks Who Had A Lien On Pa Pers ; 2 Ves. 25 ; Beames, Costs ...

And Defence Remedialprocess
Remedial Process, And Defence. A Suit In Equity Is Ordinarily Instituted By A Com Plaint, Or Petition, Called A Bill; And The De Fendant Is Served With A Writ Of Summons, Requiring Him To Appear And Answer, Called A Subpoena. In Pennsylvania The Suit Is Begun By Fil Ing And ...

And The Manner Of
Peculiar Remedies, And The Manner Of Administering Them. Under This Head Are —specific Performance Of Contracts; Re-exe Cution, Reformation, Rescission, And Cancella Tion Of Contracts Or Instruments ; Restraint By Injunction; Bills Quia Tinwt; Bills Of Peace; Protection A Party Liable At Law, But Who Has No Interest, By Bill ...