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ASSAYER OF THE KING

An officer of the royal mint, appointed by St 2 Hen. VI. c. 12, who received and tested the bullion taken in for coining; also called “assayator regis.” Cowell ; Termes de la Ley.

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ASSESSMENT FUND

The assessment fund of a mutual benefit association is the balance of the assessments, less expenses, out of which beneficiaries are paid. Kerr v. Ben. Ass’n, 39 Minn. 174. 39 N. W. 312, 12 Am. St. Rep. 631.

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ASSIGNMENT OF ERROR

See ERROR.

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ASSISA PROROGANDA

An obsolete writ, which was directed to the judges assigned to take assises, to stay proceedings, by reason of a party to them being employed in the king’s business. Reg. Orig. 208.

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ASSIST

TO help; aid; succor; lend countenance or encouragement to; participate in as an auxiliary. People v. Hayne, 83 Cal. Ill, 23 Fac. 1, 7 L. R. A. 348, 17 Am. St. Rep. 211; Moss v. Peoples, 51 N. C. 142; Comitez v. Parkerson (C. C.) 50 Fed. 170. Court of Assistance, Court of Assistants. See COURT. Writ of assistance. See WRIT.

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ASSUMPTION OF RISK

A term or condition in a contract of employment, either express or implied from the circumstances of the employment, by which the employ^ agrees that dangers of injury ordinarily or obviously incident to the discharge of his duty in the particular employment shall be at his own risk. Narramore v. Railway Co., 96 Fed. 301, 37 C. C. A. 499, 48 L. It. A. 68; i^aulkner v. Mining Co., 23 Utah, 437, 66 Pac. 799; Railroad Co. v. Touoey, 67 Ark. 209, 54 S. W. 577, 77 Am. St. Rep. 109; Bodie v. Railway Co., 61 S. C. 468, 39 S. E. 715; Martin v. Railroad Co., 118 Iowa, 148, 91 N. W. 1034, 59 LL R. A. 698, 96 Am. St. Rep. 371.

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AT BAR

Before the court “The case at bar,” etc. Dyer, 31.

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ATTACHE

A person attached to the Buite of an ambassador or to a foreign legation.

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ATTERMINARE

In old English law. To put off to a succeeding term; to prolong the time of payment of a debt. St Westm. 2, c. 4; Cowell; Blount.

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ATTORNEY AT LARGE

In old practice. An attorney who practised in all the courts. Cowell.

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AUCTORITAS

In the civil law. Authority. In old European law. A diploma, or royal charter. A word frequently used by Gregory of Tours and later writers. Spelman.

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AULNAGE

See ALNAGEB.

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AUTHENTICATION

In the law of evidence. The act or mode of giving authority or legal authenticity to a statute, record, or other written instrument, or a certified copy thereof, so as to render it legally admissible in evidence. Mayfield v. Sears, 133 Ind. 86, 32 N. E. 816; Hartley v. Ferrell, 9 Fla. 380; In re Fowler (C. C.) 4 Fed. 303. An attestation made by a proper officer by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed so to do.

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AUTREFOIS

L. Fr. At another time; formerly; before; heretofore.

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AVENAGE

A certain quantity of oats paid by a tenant to his landlord as rent, or in lieu of some other duties.

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AVERSIO

In the civil law. An averting or turning away. A term applied to a species of sale in gross or bulk. Letting a house altogether, instead of in chambers. 4 Kent, Comm. 517.

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AVOWRY

A pleading In the action of replevin, by which the defendant avoivs, that is, acknowledges, the taking of the distress or property complained of, where lie took It in his own right, and sets forth the reason of it; as for rent in arrear, damage done, etc. 3 Bl. Comm. 149; 1 Tidd. Pr. 045. Brown y. Bissett, 21 N. J. Law, 274; Hill v. Miller, 5 Serg. & R. (Pa.) 357. Avowry is the setting forth, as in a declaration, the nature and merits of the defendant’s case, showing that the distress taken by him was lawful, which must be done with such sufficient authority as will entitle him to a retor- no habendo. Hill v. Stocking, 6 Hill (N. Y.) 284. An avowry must be distinguished from a justification. The former species of plea admits the plaintiff’s ownership of the property, but alleges a right in the defendant sufficient to warrant him in taking the property and which still subsists. A justification, on the other hand, denies that the plaintiff had the right of property or possession in the subject-matter, alleging it to have been in the defendant or a third person, or avers a right sufficient to warrant the defendant in taking it, although such right has not continued in force to the time of making answer

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AZURE

A term used in heraldry, signifying blue.

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ACTIO ARBITRARIA

Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. S25.

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ACTIO EMPTI

An action employed in behalf of a buyer to compel a seller to perform his obligations or pay compensation: also to enforce any special agreements by him, embodied in a contract of sale. Hunter, Rom. Law. 332.

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