Legal Articles

AGISTMENT

The taking in of another person’s cattle to be fed, or to pasture, upon one’s own land, in consideration of an agreed price to be paid by the owner. Also the profit or recompense for such pasturing of cattle. Bass v. Pierce, 16 Barb. (N. Y.) 505; Williams v. Miller, 08 Cal. 290, 9 Pac. 100; Auld v. Travis, 5 Colo. App. 535, 39 Pac. 357. There is also agistment of sea-banks, where lands are charged with a tribute to keep out the sea; and terra; agistatce are lands whose owners must keep up the seabanks. Ilolt- house. who have been under it, or who might have been under it if their lineal ancestor had lived long enough to exercise his empire. Maine, Anc. Law, 144. The agnate family consisted of all persons living at the same time, who would have been subject to the patria potcstas of a common ancestor, if his life had been continued to their time. Iladl. Rom. Law, 131. Between agnati and cognati there is this difference: that, under the name of agnati, cognati are included, but not e converso; for instance, a father’s brother, that is, a paternal uncle, is both agnatus and cognatus, but a mother’s brother, that is, a maternal uncle, is a cognatus but not agnatus. (Dig. 38, 7, 5, pr.) Burrill.

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AGREEANCE

In Scotch law. Agreement; an agreement or contract.

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AID OF THE KING

The king’s tenant prays this, when rent is demanded of him by others.

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AKIN

In old English law. Of kin. “Next-a-kin.” 7 Mod. 140.

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ALDERMANNUS

L. Lat. An alderman, q. v.

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ALGARUM MARIS

Probably a corruption of Laganum maris, lagan being a right, in the middle ages, like jetsam and flotsam, by which goods thrown from a vessel in distress became the property of the king, or the lord on whose shores they were stranded. Spelman; Jacob; Du Cange.

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ALIENATE

To convey; to transfer the title to property. Co. Litt. 1186. Alien is very commonly used in the same sense. 1 Washb. Real Prop. 53. “Sell, alienate, and dispone” are the formal words of transfer in Scotch conveyances of heritable property. Bell. “The term alienate has a technical legal meaning, and any transfer of real estate, short of a conveyance of the title, is not an alienation of the estate. Xo matter in what form the sale may be made, unless the title is conveyed to the purchaser, the estate is not alienated.” Masters v. Insurance Co., 11 Barb. (X. Y.) 030.

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ALIQUIS NON DEBET ESSE JUDEX IN PROPRIA CAUSA, QUIA NON POTEST ESSE JUDEX ET PARS

A person ought not to be judge in his own cause, because he cannot act as judge and party. Co. Litt. 141; 3 Bl. Comm. 59.

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ALLEGATIO CONTRA FACTUM NON EST AD- MITTENDA

An allegation contrary to the deed (or fact) is not admissible.

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ALLOCUTION

See ALLOCTJTUS.

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ALLOY

An inferior or cheaper metal mixed with gold or silver in manufacturing or coining. As respects coining, the amount of alloy is fixed by law, and is used to increase the hardness and durability of the coin.

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ALTARAGE

In ecclesiastical law. Offerings made on the altar; all profits which accrue to the priest by means of the altar. Ayliffe, Parerg. 01.

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ALVEUS

The bed or channel through which the stream flows when it runs within its ordinary channel. Calvin. Alveus derelictus, a deserted channel. Mackeld. Rom. Law,

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AMBIGUUM PACTUM CONTRA VENDITOREM INTCRPRETANDUM EST

An ambiguous contract is to be interpreted against the seller.

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AMERCEMENT

A pecuniary penalty, in the nature of a fine, imposed upon a person for some fault or misconduct, he being “in mercy” for his offense. It was assessed by the peers of tjie delinquent, or the af- feerors, or imposed arbitrarily at the discretion of the court or the lord. Goodyear v. Sawyer (C. C.) 17 Fed. 9. The difference between amercements and ?fines is as follows: The latter are certain, and are created by some statute; they can only be imposed and assessed by courts of record; the former are arbitrarily imposed by courts not of record, as courtsleet. Termes de la Ley, 40. The word “amercement” has long been especially used of a mulct or penalty, imposed by a court upon its own officers for neglect of duty, or failure to pay over moneys collected. In particular, the remedy against a sheriff for failing to levy an execution or make return of proceeds of sale is, in several of the states, known as “amercement.” In others, the same result is reached by process of attachment. Abbott Stansbury v. Mfg. Co., 5 N. J. Law, 441.

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AMOTIO

In the civil law. A moving or taking away. “The slightest amotio is sufficient to constitute theft, if the animus furandi be clearly established.” 1 Swint 205.

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ANAGRAPH

A register, Inventory, or commentary.

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ANCIENT LIGHTS

Lights or windows in a house, which have been used in their present state, without molestation or interruption. for twenty years, and upwards. To these the owner of the house has a risht by prescription or occupancy, so that they cannot be obstructed or closed by the owner of the adjoining land which they may overlook. Wright v. Freeman. 5 Har. & J. (Md.) 477; Story v. Odin. 12 Mass. 100. 7 Am. Dec. 81.

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ANGARIA

A term used in the Roman law to denote a forced or compulsory service exacted by the government for public purposes; as a forced rendition of labor or goods for the public service. See Dig. 50. 4. 18, 4. In maritime law. A forced service, (onus,) imposed on a vessel for public purposes; an impressment of a vessel. Locc. de Jure Mar. lib. 1, c. 5,

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ANIMO FELONICO

With felonious intent. Hob. 134.

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