Digitized by Microsoft® QfornrU Slaw folprol Sthranj Digitized by Microsoft® Cornell University Library KD 313.W55 1833 Wharton's law-lexicon forming an epitom 3 1924 021 688 555 Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation with Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.pra/details/cu31924021688555 r Diqitizea by Microsoft® 'by Digitized by Microsoft® WHARTON'S LAW-LEXICON: AN EPITOME OF THE LAW OF ENGLAND; AND CONTAINING FULL EXPLANATIONS OF THE TECHNICAL TEEMS AND PHRASES THEREOF, BOTH ANCIENT AND MODERN. INCLUDING THE VARIOUS LEGAL TERMS USED IN COMMERCIAL BUSINESS; TOGETHER WITH 9 Cranslattqn of Latin Hato jfflatfms, AND SELECTED TITLES PROM THE CIVIL, SCOTCH, AND INDIAN LAW. THE SEVENTH EDITION. BY J. M. LELY, ESQ., M.A., BARRISTER-AT-LAW, EDITOR OF "WOODFALL'S LANDLORD AND TENANT," " CHITTY'S STATUTES," ETC., ETC. BOSTON: SOULE AND BUGBEE, $aw H tttlishew and ^ooUsclUw. 1883. Digitized by Microsoft® Digitized by Microsoft® PREFACE TO THE SEVENTH EDITION. The first edition of this well-known work was brought out in 1848, the second in 1860, the third in 1864, the fourth, by the late Mr. Brandt, in 1867, and the fifth and sixth by Mr. Shiress Will in 1872 and 1876. Mr. Will subjected the work to a thorough revision, and added as many as five hundred and fifty articles. The present editor has endeavoured, in addition to bringing the various articles up to date of publication, to effect further improvements. By expunging matter which appeared to be out of place, such as the medical details which were to be found under the articles 'com- bustibility,' 'mental alienation,' and 'poisons,' by abstracting statutes, and abridging or omitting Rules of Court which were set out in full, and by cutting down some few articles which ran too much into detail, the bulk of the Lexicon has been reduced by nearly one hundred and fifty pages, notwithstanding the many additions that it has been deemed necessary or desirable to make. The additions and alterations have not been confined to subjects upon which new legislation has taken place or cases been decided, but have been extended much further : — e.g., the articles on Audit, Intoxicating Liquors, Quiet Enjoyment, Schools, Solicitors, Compensation for Tenants' Improvements, and Stamp Duties, have been newly inserted, amplified, or re-written, the editor's object being to make the book more useful_ to the practitioner without being any less so to the student. Articles on the subjects of the Bills of Exchange Act, the Married Women's Property Act, the Settled Land Act, and all the other important statutes of 1882, have been inserted in their proper places. The editor wishes to acknowledge his obligations to Bouvier's Law Dictionary, to Bell's Law Dictionary, and to Wilson's Indian Glossary, and to many friends and correspondents for various valuable suggestions. J. M. LELY. The Temple, April 1883. Digitized by Microsoft® Digitized by Microsoft® PEEFACE TO THE FIRST EDITION. It is not without very considerable diffidence that this Lexicon is submitted to the indulgence of the Profession and the Public, for no man can be more conscious of the difficulties besetting such a subject— of the many requisites of the task— and above all, of the great discrepancy usually exhibited between what a book ought to be, and what it is— than the author of the present undertaking. Knowing, however, from his own experience, the want of a Dictionary especially adapted to ready reference, which should contain the modern law and alterations, as also the terminology comprehended in our varied and intricate juris- prudence, was the inducement to commence, continue, and complete this work. The aims attempted, throughout its arrangement, have been compression, avoiding obscurity, and yielding information easily and effectually. A word-book, when it obviates tediousness of search by giving a concise answer to one consulting it, possesses a peculiar virtue; for irksome is the process of turning out a word, where, instead of finding its explanation, there is a reference to another part of the book ; but should the place referred to again direct the inquirer elsewhere, or perchance, disclose neither notice nor interpretation, nor, in fact, anything concerning it, then patience becomes exhausted, and perseverance indeed hopeless. Often has disappointment ensued when, after reading up a given point of practice or theory, the Author has referred to the Dictionaries extant, in order to learn the precise force of the words and phrases, that he had met with in his researches ; . for frequently they have not even been noticed, or being noticed, their interpretation has involved more confusion, since for the most part the very imperfect impression which was entertained before concerning them, often became obliterated by the utterly obscure manner in which the lexicographer had treated them. Some of these works handle a subject in a mass; for instance, under the head ' Bills of Exchange,' an unmethodical essay is written, in which are explained, after a fashion, the several characters of acceptor, drawer, indorsee, payee, and the several subjects of acceptance, presentment, notice of dishonour, protest, and so on; for instead of breaking up the whole subject, and distributing the elements under their appropriate heads, the inquirer searching for Acceptor, etc., is referred to Bills of Exchange, where he must wade through the greater part of a long and rambling statement before he comes to the precise point he wants. A Dictionary is not consulted for an essay or treatise on a particular theme, but to answer a sudden doubt or explain a present difficulty, as to the proper meaning of a certain technicality. 'In considering any complex matter,' writes Burk,* 'we ought to examine every distinct ingredient in the composition, one by one, and * Preface to the 'Inquirj0^g©dDj&^iA*fe* , ©<&&ft® of the Sublime- and Beautiful.' PKEFACE. •reduce everything to the .utmost simplicity; since the condition of our nature binds us to a strict law and very narrow limits. We ought afterwards to re-examine the principles by the effect of the composition, as well as the composition by that of the principles. We ought to compare our subject with things of a similar nature, and even with things of a contrary nature ; for discoveries may be, and often are, made by the contrast, which would escape us on the single view. The greater number of the comparisons we make, the more general and the more certain our knowledge is like to prove, as built upon a more extensive and perfect induction.' The constituents of the great subjects have been distributed under their proper letters, with a view to prevent as much reference to other parts of the book as possible ; and when a phrase or technicality belongs in common to several departments of our laws, an analysis has been made, in order to keep separate the details of the particulars and distinctions. Occasional passages from the Jewish, Greek, and Roman antiquities have been quoted, either to illustrate a doctrine or to indicate an analogy ; but of this, sparing use has been made, as their too frequent insertion would have increased bulk,, without "perhaps augmenting value. The authorities relied upon are referred to for examination, in order that the subject may be more fully studied by those who desire to acquire a fuller knowledge of historical juris- prudence or the polity of the ancients. Method has been attended to, as the main design of a Dictionary is immediate use. ' Thus useful arms in magazines we place, All rang'd in order, and disposed with grace : Nor thus alone the curious eye to please, ^ But to be found, when need requires, with ease.' * Whether the work is successful or not, in attaining its avowed purpose, cannot here be determined : its real value — its suitableness as a Lexicon — will be tested by experience, which neither a persuasive preface nor an unfavourable review can influence. The Author craves pardon for any trivial error or misprint, as the greater part of the book was written, and the proofs corrected, during his academical studies; and he will be grateful for any suggestions, which, supplying the defects and elucidating the obscurities of this edition, would increase the utility of a second, should a second be called for. * Pope's Essay on Criticism. Digitized by Microsoft® WHARTON'S LAW-LEXICON. A-ABA A. This letter is frequently used as an ab- breviation or as a mark of reference, for the purpose of identification. It was inscribed upon a ballot, and stood for ' antiquo,' I vote against. It was used by the Romans who voted against a proposed law or candidate for office. See U. E,, , he—j^im^ AhaUfrilirrwsi.'s-BTi +.J.1-.W c,;™;i i_# counters are estimated at one half of the value of the line immediately superior. — Dyche's Diet. ; Encyc. Lond. Abalienate (V.A.), to make over to another. — Civil Law. 'Abalienation [fr. abalieno, Lat.], a making ovejj^| realty, goo^. or j&xtkej* *„ «,„,■ tiac. .-.- ERRATUM. On f age 481, middle column, 15th line from bottom, for " 60 years," etc., read " 12 years," etc. to v^Mocniicic, asAuinjaonm Berkshire. — Blount's Law Gloss. Abacist, or Abacista, a caster of accounts, an arithmetician. — Blount; Cowel's Interp. Abacot, the name of the ancient cap of state worn by the kings of England. It was made in the shape of two crowns. — Chron. Anal. 1453; Spelm. Abactor [fr. abigo, Lat.], a stealer and driver away of cattle or beasts by herds or in great numbers at once, as distinguished from fur, a person who steals a single beast only. — Encyc. Lond. Abacus [fr. a/3a£, Gr., a board], arithmetic, from the Abacus, an ancient instrument for facilitating calculations by means of counters. Its form is various, but that chiefly used in Europe is made by drawing parallel lines distant from each other at least twice the diameter of a counter, which, placed on the lowest line, signifies 1 ; on the second, 10 ; on the third, 100 ; on the fourth, 1000 ; and so on. Jn the intermediate spaces, the same Digitized by debtor for the benefit of his creditors. The Civil Law permitted a master who was sued for his slave's tort, or the owner of an animal who was sued for an injury done by it, to abandon the slave or animal to the person injured, and thus relieve himself from further liability. Abandonment of Railways. See 13 & 14 Vict. c. 83, 30 & 31 Vict. c. 127, ss. 31—35, and 32 & 33 Vict. c. 114, by which enact- ments railways authorized by special act passed before the session of 1867 may be abandoned under warrant of the Board of Trade, and the companies wound up under the Companies Acts 1862 and 1867. Abandun, or Abandum, anything seques- tered, proscribed, or abandoned. Abandon, i.e., in bannum res missa, a thing banned or denounced as forfeited or lost, whence to abandon, desert, or forsake, as lost and gone.— Cowel. Pasquier thinks it a coalition of d ban donner, to give up to a proscription, in which sense it signifies the ban of the empire. Microsoft® PKEFACE. ■reduce everything to the utmost simplicity; since the condition of our nature binds us to a strict law and very narrow limits. We ought afterwards to re-examine the principles by the effect of the composition, as well as the composition by that of the principles. We ought to compare our subject with things of a similar nature, and even with things of a contrary nature; for discoveries may be, and often are, made by the contrast, which would escape us on the single view. The greater number of the comparisons we. make, the more general and the more certain our knowledge is like to prove, as built upon a more extensive and perfect induction.' The constituents of the great subjects have been distributed under their proper letters, with a view to prevent as much reference to other parts of the book as possible ; and when a phrase or technicality belongs in common to several departments of our laws, an analysis has been made, in order to keep separate the details of the particulars and distinctions. Occasional passages from the Jewish, Greek, and Roman antiquities have been quoted, either to illustrate a doctrine or to indicate an analogy ; but of this, sparing use has been made, as their too frequent insertion would have increased bulk,, without 'perhaps augmenting value. The authorities relied upon are referred to for examination, in order that the subject may be suggestions, which, supplying the defects and elucidating the obscurities ot tnisMKKm, would increase the utility of a second, should a second be called for. * Pope's Essay on Criticism. Digitized by Microsoft® WHARTON'S LAW-LEXICON. A-ABA A. This letter is frequently used as an ab- breviation or as a mark of reference, for the purpose of identification. It was inscribed upon a ballot, and stood for ' antiquo,' I vote against. It was used by the Romans who voted against a proposed law or candidate for office. See U. R,. A ballot or waxen tablet, similarly inscribed, was also used in their Courts of Judicature, being the initial letter of ' absolvo,' I acquit (not guilty). Cicero calls A, liter am saluta- rem, a comfortable letter, because it denoted Acquittal (absolvo) ; but C, literam tristem, a sorrowful letter, because it denoted Condem- nation (condemno). See Taylor's Civil Law, 191 ; Juv, Sat. xiii. 3. A 1. An expression signifying a first-class vessel excellently built. — Shipping term. Ab [fr. abba, Syr., father], the eleventh month of the Jewish civil year, and the fifth of the sacred. Ab, at the beginning of English-Saxon names of places, is generally a contraction of Abbot or Abbey; whence it is inferred that those places once had an abbey, or belonged to one elsewhere, as Abingdon in Berkshire. — Blount's Law Gloss. Abacist, or Abacista, a caster of accounts, an arithmetician. — Blount ; Coivel's Interp. Abacot, the name of the ancient cap of state worn by the kings of England. It was made in the shape of two crowns. — Ghron. Angl. 1463 ; Spelm. Abactor [fr. abigo, Lat.], a stealer and driver away of cattle or beasts by herds or in great numbers at once, as distinguished from fur, a person who steals a single beast only. — Encyc. Lond. Abacus [fr. aj3a4, Gr., a board], arithmetic, from the Abacus, an ancient instrument for facilitating calculations by means of counters. Its form is various, but that chiefly used in Europe is made by drawing parallel lines distant from each other at least twice the diameter of a counter, which, placed on the lowest line, signifies 1 ; on the second, 10 ; on the third, 100 ; on the fourth, 1000 ; and so_ on. In the intermediate st>ac©£!3"t b counters are estimated at one half of the value of the line immediately superior. — Dyche's Diet. ; Eneye. Lond,. Abalienate (V. A.), to make over to another. — Civil Law. Abalienation [fr. abalieno, Lat.], a making over of realty, goods, or chattels, to another, by due course of Law. — lb. Aballaba, the ancient name of Appleby in Westmoreland . Abandonee, one to whom anything is relin- quished. Abandonment [fr. Abandonner, Fr.], the relinquishment of an interest or claim. (2) The relinquishment by an assured per- son to the assurers of his right to what is saved out of a wreck, when the thing insured has, by some of the usual perils of the s-ea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a constructive total loss. — See Maude and Poll, on Shipping. Also the surrender of his property by a debtor for the benefit of his creditors. The Civil Law permitted a master who was sued for his slave's tort, or the owner of an animal who was sued for an injury done by it, to abandon the slave or animal to the person injured, and thus relieve himself from further liability. Abandonment of Railways. See 13 &, 14 Vict. c. 83, 30 S&ffl0P rtl0n who moves the adjournment of a debate, or _ is addressing the House at the time of adjournment, is said to be in possession of the House, and can speak again when the sittings are resumed. When Committees of the whole House adjourn, however, this rule does not prevail. — Bod's Pari. Gomp. Adjournamentum est ad diem dicer e, seu diem dare. 4 Inst. 27. — (An adjournment is to appoint a, day, or to give a day.) Hence the form ' Eat sine die.' Adjournment-day, a further day appointed by the judges at the Nisi Prius sittings to try issues in fact which were not then ready for trial. See Notice op Trial. Adjudication, giving or pronouncing a judgment, sentence, or decree. In Bankruptcy Law, adjudication is the act of the Court declaring a person to be bankrupt. In Scotch Law it is used to express the ' diligence ' by which land is attached in security and pay- ment of a debt, or by which a feudal title is made up in a person holding an obligation to convey without procurator}' or precept. There is thus (1) the adjudication for debt; (2) the adjudication in security; and (3) the adjudication in implement. — Bell's Scotch Law Diet. Adjudication contra Hsereditatem Jacen- tem. When a debtor's heir apparent re- nounces the succession, any creditor may obtain a decree cognitionis causd, the purpose of which is that the amount of the debt may be ascertained so that the real estate may be adjudged. — Scotch Law. Adjudication in implement. See Adjudi- cation. Adjudication in debitum fundi. See Action for Poinding of the Ground. Adjunction. When a thing belonging to one is attached or united to that which be- longs to another, whether by inclusion, solder- ing, sewing, construction, writing, or painting, the whole generally becomes the property of the latter. — Civil Law. Adjuncts, additional judges. Adjunctum accessorium, an accessory or appurtenance. Ad jura regis, a writ which was brought by the king's clerk, presented to a living, against those who endeavoured to eject him, to the prejudice of the king's title.— Reg. of Writs, 61.' Adjuration, a swearing or binding upon oath. Adjustment [fr. adjuster, Fr., to make evenj of a loss, the settling and ascertaining the amount of the indemnity which the assured, after all allowances and deductions made, is entitled to receive under the policy, and fixing which each underwriter is ADL— ADM (24) liable to pay.— Marshall, 4th ed., 499, and see Manley Hopkins on Average, 3rd ed. Adjuvari quippe nos, non decipi benefifiio oportet. D. 13, 6, 17, s. 3.— (For we ought to be favoured, not deceived, by a benefit.) In illustration of this maxim, see Blackmore v. The Bristol and Exeter Railway Company, 8 E. & B. 1035, 1050—1. Adlamwr [ad-lam-gwr, Cym., one return- ing], a proprietor who, for some cause, entered the service of another proprietor without agreement, and left him after the expiration of a year and a day, was liable to the payment of thirty pence to his patron. — Welch Law. Ad Lapidem, Stoneham in Hampshire. Ad largum (at large), used in the follow- ing and other expressions : title at large, assize at large, verdict at large, to vouch at large, etc. — C'owel. Adlegiare [fr. aleier, Fr.J, to purge of a crime by oath. — Brompt. Ghron. c. 4 & 13. Ad longum, at length. Admanuensis, persons who swore by lay- ing their hands on the book. — Old Laio Books. Admeasurement, Writ of. It lay against persons who usurped more than their share, in the two following cases : — admeasurement of dower, where the widow held from the heir more land, etc., as dower, than rightly belonged to her; and admeasurement of pasture, which lay where any one having common of pasture surcharged the common. — Termes de la Ley. Ad melius inquirendum. A writ directed to a coroner commanding him to hold a second inquest. See Reg. v. Carter, i5 L.J.Q.B. 711. Adminicle, aid, help, or support, 1 Edw. IV. c. 1. In the Scotch Law, it is a term used in the action of proving the tenor of a lost deed, and applicable to any deed tending to establish the existence or terms of the deed, which is lost. In the Civil Law it means imperfect proof. Adminicular evidence, explanatory or completing testimony. Administration, the giving or supplying of something. The disposing of an intestate's property. The body of ministers appointed by the Crown to carry on the government of the country. Administrator, he to whom the goods and effects of a person dying intestate, or without executors appointing, accepting, or surviving, are committed by the Probate Court (now the Probate, Divorce and Admiralty, division of the High Court of Justice, Jud. Act, 1873 s. 34). By the 20 & 21 Vict. c. 77, 'Ad- ministration shall administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes.' The following are limited administrations : — Administra- tion durante miniori cetate, is granted where an infant is entitled to administration, or is made sole executor. The grant is made to the duly appointed guardian of the infant for his use and benefit until he attain the age of twenty-one years, when it ceases. Administration durante absentid is granted when the next person entitled to the grant is beyond sea, lest the goods perish or the debts be lost. Administration pendente lite is granted where a suit is commenced in the Probate Court concerning the validity of a will or the right to administration, until the suit be determined, in order that there may be somebody to take care of the testator's estate. Administration cum testamento annexo is granted when there is not any executor named in the will, or if a person be named who is incapable, or one who refuses to act. Administration de bonis non is. granted when the first administrator dies before he has fully administered. An ancillary administra- tion, so called because it is subordinate to the original administration, is granted for collect- ing the assets of foreigners. It is taken out in the country where the assets are situated. Consult Williams on Executors and Adminis- trators. As to the administration of the effects of naval persons, see 28 & 29 Vict, c. HI; and as to civil servants of the Crown, see 31 & 32 Vict. c. 90. The act which abolishes forfeiture for treason and felony enables the Crown to appoint administrators of the estate of convicts (33 & 34 Vict. c. 23). The Registrars of County Courts may receive applications for letters of adminis- tration for transmission to the Probate Court in certain cases where the estate does not exceed .£100. (36 & 37 Vict. c. 52 ; 38 <& 39 Vict. c. 27.) See Debts, Executors. Admiral [supposed to be derived from Amir al bahir, Arab, commander of the sea or fleet], an officer having high command in the Royal Navy. An admiral has two subordinate commanders under him, a vice- admiral and rear-admiral, distinguished into three classes by the colour of their flags, white, blue, and red. The admiral carries his flag at the main-topmast head, the vice- admiral at the fore-topmast head, and the rear-admiral at the mizen-topmast head. Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the Lord High Admiral, but in practice the functions comprehend alters, gi ^^e^at Office are discharged by several (25) ADM Commissioners, of whom one is the Chief, and is called the First Lord. He is assisted by other Lords and by various Secretaries. Admiralty. The Probate, Divorce, and Admiralty Division of the High Court of Justice, was, as far as relates to Admiralty, formerly called the High Court of Admiralty and was held before the Judge of the Admi- ralty who formerly sat as deputy of the Lord High Admiral of England until that office was put into commission, and afterwards as deputy of the Lords Commissioners. The Judge now holds his appointment of the Crown as a Judge of the High Court of Justice. There are two divisions of the jurisdiction of the Admiralty branch of the High Court — the Prize Court and- the Instance Court. In the Prize Court the Judge has jurisdiction, by virtue of a com- mission issued under the Great Seal, at the beginning of every war, to proceed upon all and all manner of captures, seizures, prizes, and reprisals of ships and goods which are or shall be taken, and to hear and determine according to the course of the Admiralty and the Law of Nations. In the Instance C°urt, also, the jurisdiction exercised by the Judge is conferred by a commission under the Great Seal. This is a municipal tribunal, it is a court of record, and its decrees and orders for the payment of money have the same effect as other judgments of the Supreme Court. It has jurisdiction in cases of private injuries to private rights arising at sea, or intimately connected with maritime subjects. Its jurisdiction in cases of torts is confined to wrongs committed at sea, or at least on the water within the jurisdiction of the Admiralty. Such are suits for — (1) Assaults and batteries committed on the high seas. (2) Collision of ships. (For which there is also remedy in the other divisions of the High Court of Justice (Jud. Act, 1875, Sched. 1, Ord. IV. 2.) (3) Restitution of possession of a ship where there is no bond fide claim to withhold her ; and (4) Piratical and illegal takings at sea. In cases of contract, its jurisdiction is confined to those of a maritime nature, as — ■ (1) Between part owners of a ship. The Chancery division of the High Court of Justice has a concurrent jurisdiction in this case. (2) Mariners' and officers' wages. (Also recoverable by action in the other divisions of the High Court of Justice, or before a magistrate.) (3) Pilotage (5) Salvage (which is the compensation to be made to persons by whose assistance a ship or her freight, or loading, has been saved from impending peril, or recovered after actual loss), and those relating to wreck. Salvage is also recoverable by action in the other divisions, or by summary hearing before magistrates or the Cinque Port Commissioners. (6) Whenever any ship is under arrest by process issuing from this Court of Admiralty, or when the proceeds of any ship having been so arrested have been brought into the Registry, the Court has jurisdiction to take cognizance of all claims and causes of action of any person in respect of any mortgage of such ship, and to decide any suit instituted by any such person in respect of any such claims or causes of action respectively. (3 & 4 Vict. c. 65.) By the Admiralty Court Act, 1861, s. 11, this jurisdiction is extended to the Court in cases where the ship is not under arrest, and a registered mortgagee may now himself institute a suit in the ordinary way, and arrest and detain the ship. (7) By 3 & 4 Vict. c. 65, the Court has jurisdiction to decide all claims and demands whatsoever, in the nature of towage, for services rendered to any ship or sea-going vessel, whether within the body of a country or upon the high seas. (8) The same act, s. 6, gave the Court jurisdiction to decide all claims and demands for necessaries supplied to any foreign ship, and to enforce payment. (9) By the Merchant Shipping Act, 1854, ss. 103 & 105, the Court has also jurisdiction to punish for carrying illegal colours. The proceedings in this Court (which sits at Westminster) are greatly conformable to the civil law, in conjunction with marine customs. The Court of Admiralty was entirely reconstructed, its practice improved, and civil jurisdiction extended by the 3 & 4 Vict. cc. 65, 66, 24 & 25 Vict. c. 10, and 27 & 28 Vict. c. 25. Serjeants, barristers-at-law, attorneys, and solicitors, by the 22 & 23 Vict. c. 6 were admitted to practice there. The practice in this Division of the High Court of Justice is substantially the same as in the other Divisions, the former rules, where. not expressly varied, being for the present still in force (Jud. Act, 1873, s. 70). See the various titles relating to procedure and practice. Proceedings in Admiralty may be in rem or in personam. By the first, the property in relation to which the claim has arisen, or the proceeds thereof, may be made available to meet the claim. The property is arrested on a warrant from the Court, which is issued 4) Bottomry and respondents^ b y Mi8b$M & F ^ *"" & ™ X ™ A ' ^ °* ADM— ADP (26) affidavit in support of the claim. Upon the arrest of a ship, her apparel, and furniture, bail may be accepted for her value, and in- termediate earnings, and for the return of the vessel into the hands of the claimant, if the Court should ultimately adjudge the possession to him, or for the amount of the claim. The Judge of the former Court of Admi- ralty entertains questions of Admiralty Law in this Division of the High Court (Jud. Act, 1873, s. 5), with power to refer matters to a divisional Court. (lb., ss. 40, 42, 44). An appeal lies to the Court of Appeal. (See Jud. Acts, 1873 Mi$MW)$$ intention of the father to advance (29) ADV him ; for such evidence is in support as well of the legal interest of the son as of the equit- able presumption. It is to be remarked, that if the parent and another person pay the money, it will not be deemed an advancement, for the child being a trustee for the latter, he will be held to be trustee for them both. Advent, a coming to ; also the month preceding the anniversary of the nativity of Jesus Christ. It begins on the Sunday that falls either upon St. Andrew's Day, the 30th November, or next to it, and continues till the feast of Christmas Day. — Blount. Adventitious, that which comes unexpect- edly or incidentally. Ad ventrem inspiciendum [to inspect the womb~\. See De Ventre Inspiciendo. Adventure [fr. advenire, Lat., to come to], the sending to sea of a ship or goods at the risk of the sender. — Lex. Merc. Adventure, bill of, a writing signed by a merchant, stating that the property in goods shipped in his name belongs to another, to the adventure or chance of which the person so named is to stand, with a covenant from the merchant to account to him for the pro- duce. Adversaria [adversa, things remarked or ready at hand], rough memoranda, common- place books. Adversary, a litigant-opponent. Adverse possession, occupancy, as against the person rightly entitled, of realty without molestation, which may at length ripen into an unimpeachable title. As to adverse pos- session, see Ileal Property Limitation Act, 1874, 37 & 38 Vict. c. 57, which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued. See also JVepean v. Doe, 2 M. and their children, as also (37) AGN-AID my daughter and sister, are agnated to me. See Smith's Diet of Antiq. — Cognate. Agnation, kinship by the father's side. Agnomen, a name derived from some notable personal circumstance, as the name Africanus, borne by the two Scipios on ac- count of their victories over the Carthage- nians. — Cum. C. L. 170. Agnomination, a sur-name. Agnus Dei (Lat.), a piece of white wax, in a flat, oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the Pope. — Covad. Agraria lex. The Agrarian law was enacted to distribute among the Roman people all the lands which they had gained by conquest, and to limit the quantity of land possessed by each person to a certain number of acres. — Cicero pro Leg. Agr.; Smith's Diet, of Antiq. An agrarian law was clearly developed in the regulations of the Jewish lawgiver, who, following the example of the Egyptians, made agriculture the basis of the state. He accord- ingly apportioned to every citizen a certain quantity of land, and gave him the right of tilling it himself, and of transmitting it to his heirs. The person who had thus come into possession could not alienate the property for any longer period than the year of the coming jubilee — a regulation which prevented the rich from coming into possession of large tracts of land, and then leasing them out in small par- cels to the poor. See Graves on the Pentateuch. Agreed. This word in a deed creates a covenant. Agreement [fr. gratus, Lat., acceptable; aggregatio mentium, Lat.], a joining together of two or more minds in anything done or to be done. Also, the effect of a joint-consent of two or more parties to a contract or bar- gain. There are three sorts : — (1) An agree- ment executed at once, as where money is paid for the matter agreed, or other satisfaction made, at the time it is entered into. (2) An agreement after an act done by another, as where one does a thing and another afterwards agrees to it, this is also called an executed agreement. (3) An agreement executory, or to be performed at some future time. — Termes de la Ley, 31 ; Plowd. 5. See Contract. Agri, arable lands in common fields. — Fortescue. Agri limitati, lands belonging to the state by right of conquest, and granted or sold in plots. — Sand. Just., 5th ed., 98. Agricultural (Children) Act, 1873, 36 & 37 Vict. c. 67. This Act made regulations with respect to the employment of children under ten years of age. It was repealed by the Elementary Education Act, 1876, 39 & 40 "Vict. c. 76, but its principal pro 1 " in effect re-enacted thereby. There is an exemption of children between 8 and 10 from restrictions of the Education Act, in reference to operations of husbandry, under s. 9, sub. 3 of that Act. Agricultural fixtures, see Fixtures. Agricultural Gangs Act, 30 & 31 Vict. c. 1 30. This act, after reciting that in certain counties in England certain persons known as gangmasters hire children, young persons, and women, with a view to contracting with farmers and others for the execution on their lands of various kinds of agricultural work, enacts certain regulations to be observed by gangmasters, and requires them to obtain licenses. Amended as to children by the Agricultural Children Act, 1873, ante. Agricultural Holdings (England) Act, 1875. By this Act provision is made for tenants (whose tenancies" commenced after the commencement of the Act, i.e., after February 14th, 1876) obtaining, on the determination of their tenancies, compensation from their land- lords for improvements to the soil, roads, fences, buildings, etc., and otherwise of the holding, and for the application of manure to the same, the amount of compensation varying accord- ing to a certain classification provided by the Act, subject to certain deductions. In case the landlord and tenant cannot agree, the amount is to be settled by a reference, the procedure in which is provided for by the Act; There is an appeal in certain cases to the County Court if the award is for more than 501. The Act also contains provisions giving the tenant a property in fixtures, and substituting one year's notice for half a year's notice, as the notice necessary to determine a tenancy from year to year. The provisions of the Act do not interfere with freedom of contract between the landlord and the tenant, and as a matter of fact, the opera- tion of the Act is very limited. Agusadura, in ancient customs, a fee, due from the vassals to their lord for sharpening their ploughing tackle. Anciently, the ten- ants in some manors were not allowed to have their agricultural implements sharpened by any but those whom the lord appointed ; for which an acknowledgment was paid, called agusadura or agusage, which some take to be the same with what was otherwise called rullage, from the ancient French reille, a ploughshare. — Encyc. Lond. Agweddi, [ag-gweed, conjunction], a portion given with a bride. — Anc. Inst. Wales. Aid of the King [auxilium regis, Lat.], the king's tenant prays this, when rent is de- manded of him by others. A city or borough, holding a fee-farm from the king, if anything Mter&mm^ which belon S s t0 such fee - farm ' AID— ALP (38) may pray in ' aid of the king,' and the king's bailift's, collectors, or accountants, shall have aid of the king. The proceedings are then stayed until the Crown counsel are heard, but this aid will not be granted after issue, be- cause the Crown cannot rely upon the defence made by another.— Jenk. Cent. 64 ; Termes de la Ley, 35. Aid Prayer, formerly made use of in plead- ing for a petition in Court, praying in aid of the tenant for life, etc., from the reversioner or remainder-man, when the title to the in- heritance was in question. It was a plea in suspension of the action. — Com. Dig. ' Aide,' B. 5 ; 3 Bl. Com. 300. Aiders, advocates, abettors. See Accessary. Aids [fr. aides, Fr. ; auxilia, Lat.], origi- nally mere benevolences granted by a tenant to his lord, in times of distress, but at length the lords claimed them as of right. They were principally three : (1) To ransom the lord's person, if taken prisoner; (2) To make the lord's eldest son and heir apparent a knight; (3) To give a suitable portion to the lord's eldest daughter on her marriage. Abolished by 12 Car. II. c. 24. Also, extra- ordinary grants to the Crown by the House of Commons, and which were the origin of the modem system of taxation. — m 2Bl. Com. 63, 64. Aiel, or Aile [fr. aieul, Fr. ; amis, Lat., a grandfather], a writ which lay when a man's grandfather, or great grandfather (called be- saile), died seised of lands in fee-simple, and on the day of his death the heir was dis- possessed of his inheritance by a stranger. — F. N. B. 222. Aillt \aill, other], a villain. — Anc. Inst. Wales. Ainsty, a district on the south-west of the city of York, annexed thereto 27 Hen. VI., and subject to the Lord Mayor and -Corpora- tion under the name of the county of the city of York. — Gorton's Topographical Dic- tionary. Air. As to the right to the enjoyment of air free and unpolluted, see Gale on Easements, and 2 Br.