AND OF THE

  With References to the Civil and Other Systems of Foreign Law


                          John Bouvier

      Ignoratis terminis ignoratur et ars. - Co. Litt. 2 a.

      Je sais que chaque science et chaque art a ses termes
         propres, inconnu au commun des hommes. - Fleury

                             VOL. I.

               CHILDS & PETERSON, 124 ARCH STREET

Entered according  to Act  of Congress,  in the year one thousand
eight hundred  and thirty-nine,  BY JOHN  BOUVIER, In the Clerk's
Office  of  the  District  Court  for  the  Eastern  District  of

Entered according  to Act  of Congress,  in the year one thousand
eight hundred  and forty-three,  BY JOHN  BOUVIER, In the Clerk's
Office  of  the  District  Court  for  the  Eastern  District  of

Entered according  to Act  of Congress,  in the year one thousand
eight hundred  and forty-eight,  BY JOHN  BOUVIER, In the Clerk's
Office  of  the  District  Court  for  the  Eastern  District  of

Entered according  to Act  of Congress,  in the year one thousand
eight hundred  and fifty-two,  BY ELIZA  BOUVIER  and  ROBERT  E.
PETERSON, Trustees,  In the  Clerk's Office of the District Court
for the Eastern District of Pennsylvania.

Deacon & Peterson, Printers
66 South Third Street.

                        TO THE HONORABLE
                      JOSEPH STORY, L L.D.,
     One of the Judges of the Supreme Court of the United States

          Bouvier's Law Dictionary : A1 : Page 1 of 118




                      TO THE THIRD EDITION

     Encouraged by  the success  of this  work,  the  author  has
endeavored to  render this  edition as perfect as it was possible
for him  to make  it. He  has remoulded very many of the articles
contained in  the former  editions, and  added upwards  of twelve
hundred new ones.

     To render  the work  as useful  as possible,  he has added a
very copious  index to the whole, which, at the same time that it
will assist  the inquirer,  will  exhibit  the  great  number  of
subjects treated in these volumes.

     As Kelham's  Law Dictionary has been published in this city,
and can  be had  by those who desire to possess it, that work has
not been added as an appendix to this edition.

Philadelphia, November, 1848.

                      TO THE FOURTH EDITION

     Since the  publication of the last edition of this work, its
author, sincerely  devoted to  the advancement of his profession,
has given to the world his Institutes of American Law, in 4 vols.
Svo. Always  endeavoring to  render his  Dictionary as perfect as
possible, he  was constantly  revising it;   and  whenever he met
with an  article which he had omitted, he immediately prepared it
for a  new edition.  After the  completion of  his Institutes, in
September last,  laboring to  severely, he  fell a  victim to his
zeal, and  died on  the 18th  of November,  1851, at  the age  of

     In preparing  this edition,  not only has the matter left by
its author  been made  use of,  but additional  matter  has  been
added, so  that the  present will  contain nearly  one-third more
than the  last edition.  Under one  head, that  of Maxims, nearly
thirteen hundred  new articles have been added. The book has been
carefully examined,  a great  portion of it by two members of the
bar, in  order that  it might be purged, as far as possible, from
all errors  of every  description. The  various  changes  in  the
constitutions of  the states  made since  the last  edition, have
been noticed, so far as was compatible with this work;  and every
effort made  to render  it as perfect as a work of the kind would
permit, in order that it might still sustain the reputation given
to it by a Dublin barrister, "of being a work of a most elaborate
character, as  compared with  English works  of a similar nature,
and one which should be in every library."

          Bouvier's Law Dictionary : A1 : Page 2 of 118

     That it may still continue to receive the approbation of the
Bench and  Bar of the United States, is the sincere desire of the
widow and daughter of its author.


     To the  difficulties which  the author  experienced  on  his
admission  to   the  bar,   the  present  publication  is  to  be
attributed. His  endeavours to get forward in his profession were
constantly  obstructed,   and  his   efforts  for   a  long  time
frustrated, for  want of  that knowledge which his elder brethren
of the  bar seemed  to possess. To find among the reports and the
various treatises  on the  law the  object of  his inquiry, was a
difficult task;   he was in a labyrinth without a guide: and much
of the  time which  was spent in finding his way out, might, with
the friendly  assistance of  one  who  was  acquainted  with  the
construction of the edifice, have been saved, and more profitably
employed. He  applied to  law dictionaries and digests within his
reach, in  the hope  of being  directed to the source whence they
derived their  learning, but be was too often disappointed;  they
seldom pointed  out the  authorities  where  the  object  of  his
inquiry might  be found.  It is  true such  works contain a great
mass of  information, but from the manner in which they have been
compiled, they  sometimes embarrassed him more than if he had not
consulted them. They were written for another country, possessing
laws different  from our  own, and  it became  a question how far
they were  or were  not applicable  here. Besides,  most  of  the
matter in the English law dictionaries will be found to have been
written while  the feudal  law was  in its  full vigor,  and  not
fitted to the present times, nor calculated for present use, even
in England.  And there is a great portion which, though useful to
an [vii]  English lawyer,  is  almost  useless  to  the  American
student. What,  for example,  have we  to do  with those  laws of
Great Britain  which relate  to the  person of  their king, their
nobility, their  clergy, their navy, their army;  with their game
laws;   their local statutes, such as regulate their banks, their
canals, their  exchequer, their  marriages, their  births,  their
burials, their  beer and  ale houses,  and a  variety of  similar

     The most  modern law  dictionaries are compilations from the
more ancient,  with some  modifications and  alterations and,  in
many instances,  they are  servile copies,  without the slightest
alteration. In  the mean  time the  law  has  undergone  a  great
change. Formerly  the principal object of the law seemed to be to
regulate  real   property,  in   all   its   various   artificial
modifications, while little or no attention was bestowed upon the
rules which  govern personal  property and rights. The mercantile
law has  since arisen,  like a  bright pyramid, amid the gloom of
the feudal  law, and  is now far more important in practice, than
that which  refers to real estate. The law of real property, too,
has changed, particularly in this country.

          Bouvier's Law Dictionary : A1 : Page 3 of 118

     The English  law dictionaries  would be  very unsatisfactory
guides, even  in pointing  out where  the laws  relating  to  the
acquisition and  transfer of  real estate, or the laws of descent
in the  United States, are to be found. And the student who seeks
to find  in the  Dictionaries of  Cowel, Manly,  Jacobs, Tomlins,
Cunningham, Burn, Montefiore, Pott, Whishaw, Williams, the Termes
de Ley,  or any  similar compilation, any satisfactory account in
relation to international law, to trade and commerce, to maritime
law, to  medical jurisprudence,  or to natural law, will probably
not be  fully gratified.  He cannot, of course, expect to find in
them anything  in relation  to our government, our constitutions,
or our political or civil institutions.[viii]

     It occurred  to the  author that  a law  dictionary, written
entirely   anew, and calculated to remedy those defects, would be
useful to  the profession.  Probably overrating  his strength, he
resolved to  undertake the  task, and  if  he  should  not  fully
succeed, he  will have  the consolation  to know, that his effort
may induce  some more  gifted individual, and better qualified by
his learning,  to undertake  such  a  task,  and  to  render  the
American bar  an important  service. Upon  an examination  of the
constitution and  laws of  the United  States, and of the several
states  of  the  American  Union,  he  perceived  many  technical
expressions and  much valuable information which he would be able
to   incorporate in  his work. Many of these laws, although local
in  their   nature,  will   be  found  useful  to  every  lawyer,
particularly those  engaged in  mercantile practice. As instances
of  such   laws  the   reader  is   referred  to   the   articles
Acknowledgment, Descent,  Divorce, Letters of Administration, and
Limitatio. It  is within  the plan  of this  work to explain such
technical expressions as relate to the legislative, executive, or
judicial departments  of the  government;   the political and the
civil rights  and duties  of the citizens;  the rights and duties
of  persons,   particularly  such   as  are   peculiar   to   our
institutions, as,  the rights  of descent and administration;  of
the mode of acquiring and transferring property;  to the criminal
law, and  its administration. It has also been an object with the
author to  embody in  his work  such decisions  of the  courts as
appeared to  him to  be important,  either because  they differed
from former  judgments, or  because they  related to  some  point
which was before either obscure or unsettled. He does not profess
to have  examined or even referred to all the American cases;  it
is a  part  of  the  plan,  however,  to  refer  to  authorities,
generally, which will lead the student to nearly all the cases.

     The author  was  induced  to  believe,  that  an  occasional
comparison of the civil, canon, and other systems of foreign law,
with  our  own,[ix]  would  be  useful  to  the  profession,  and
illustrate many  articles which,  without  such  aid,  would  not
appear very clear;  and also to introduce many terms from foreign
laws, which  may  supply  a  deficiency  in  ours.  The  articles
Condonation, Extradition,  and Novation, are of this sort. He was
induced to  adopt this  course because  the civil  law  has  been
considered, perhaps  not without  justice,  the  best  system  of
written reason,  and as  all laws  are or  ought to be founded in
reason, it  seemed peculiarly  proper to  have recourse  to  this
fountain of  wisdom: but another motive influenced this decision;
one of  the states  of  the  Union  derives  most  of  its  civil

          Bouvier's Law Dictionary : A1 : Page 4 of 118

regulations from  the civil  law;   and there  seemed a  peculiar
propriety, therefore,  in introducing  it into  an  American  law
dictionary. He  also had  the example  of a  Story, a  Kent,  Mr.
Angell, and others, who have ornamented their works from the same
source. And  he here  takes the  opportunity to  acknowledge  the
benefits which  he has  derived from  the learned labors of these
gentlemen, and  of those  of Judge  Sergeant, Judge  Swift, Judge
Gould,  Mr.   Rawle,  and  other  writers  on  American  law  and

     In the  execution of  his plan, the author has, in the first
place, defined  and explained  the various  words and phrases, by
giving their  most enlarged  meaning, and  then all the shades of
signification of  which they  are susceptible;   secondly, he has
divided the  subject in the manner which to him appeared the most
natural, and laid down such principles and rules as belong to it;
in  these  cases  he  has  generally  been  careful  to  give  an
illustration, by  citing a  case whenever  the subject  seemed to
require it,  and referring  to others  supporting the same point;
thirdly, whenever  the article admitted of it, he has compared it
with the  laws of  other countries  within his reach, and pointed
out their  concord  or  disagreement;    and,  fourthly,  he  has
referred to  the authorities,  the abridgments,  digests, and the
[x] ancient  and modem  treatises, where  the subject  is  to  be
found, in  order to  facilitate the researches of the student. He
desires not  to be  understood as professing to cite cases always
exactly in  point;   on  the  contrary,  in  many  instances  the
authorities will  probably be found to be but distantly connected
with the  subject under examination, but still connected with it,
and they  have been  added in order to lead the student to matter
of which he may possibly be in pursuit.

     To those  who are aware of the difficulties of the task, the
author  deems   it  unnecessary  to  make  any  apology  for  the
imperfections which may be found in the work. His object has been
to be  useful;   if that  has been accomplished in any degree, he
will be  amply rewarded  for his  labor;   and he relies upon the
generous liberality  of the members of the profession to overlook
the errors  which may  have been  committed in  his endeavors  to
serve them.

PHILADELPHIA, September, 1839.

          Bouvier's Law Dictionary : A1 : Page 5 of 118

                         LAW DICTIONARY


    A,  the first letter of the English and most other alphabets,
is frequently  used as  an abbreviation,  (q. v.) and also in the
marks of  schedules or papers, as schedule A, B, C, &c. Among the
Romans this  letter was  used in criminal trials. The judges were
furnished with  small tables  covered  with  wax,  and  each  one
inscribed on it the initial letter of his vote;  A, when he voted
to absolve  the party on trial;  C, when he was for condemnation;
and N L, (non liquet) when the matter did not appear clearly, and
be desired a new argument.

    A  MENSA ET  THORO, from  bed and board. A divorce a mensa et
thoro, is  rather a separation of the parties by act of law, than
a dissolution  of the  marriage. It may be granted for the causes
of extreme  cruelty or  desertion of  the wife  by the husband. 2
Eccl. Rep.  208.  This  kind  of  divorce  does  not  affect  the
legitimacy of  children, nor  authorize a  second marriage.  V. A
vinculo matrimonii;  Cruelty Divorce.

   A PRENDRE, French, to take, to seize, in contracts, as profits
a prendre.  Ham. N.  P. 184;  or a right to take something out of
the soil.  5 Ad.  & Ell.  764;   1 N.  & P. 172 it differs from a
right of  way, which  is simply  an easement  or  interest  which
confers no interest in the land. 5 B. & C. 221.

    A  QUO, A Latin phrases which signifies from which;  example,
in the  computation of  time, the day a quo is not to be counted,
but the day ad quem is always included. 13 Toull. n. 52 ;  2 Duv.
n. 22.  A court  a quo,  the court  from which an appeal has been
taken;  a judge a quo is a judge of a court below. 6 Mart. Lo. R.
520;  1 Har. Cond. L. R. 501. See Ad quem.

    A  RENDRE, French,  to render, to yield, contracts. Profits a
rendre;  under this term are comprehended rents and services. Ham
N. P. 192.

    A  VINCULO MATRIMONII,  from the bond of marriage. A marriage
may be  dissolved a  vinculo, in many states, as in Pennsylvania,
on the  ground of canonical disabilities before marriage, as that
one of  the parties  was legally married to a person who was then
living;   impotence, (q.  v.,) and  the like adultery cruelty and
malicious desertion for two years or more. In New York a sentence
of imprisonment  for life  is also  a  ground  for  a  divorce  a
vinculo. When  the marriage  is dissolved  a vinculo, the parties
may marry  again but when the cause is adultery, the guilty party
cannot marry his or her paramour.

   AB INITIO, from the beginning.
     2. When a man enters upon lands or into the house of another
by authority  of law,  and afterwards  abuses that  authority, he
becomes a  trespasser ab  initio. Bac. Ab. Trespass, B.;  8 Coke,
146 2  Bl. Rep.  1218 Clayt.  44. And  if an  officer neglect  to
remove goods  attached within  a reasonable  time and continue in
possession, his  entry becomes  a trespass  ab initio. 2 Bl. Rep.
1218. See  also as  to other  cases, 2  Stra. 717  1 H. Bl. 13 11
East, 395 2 Camp. 115 2 Johns. 191;  10 Johns. 253;  ibid. 369.
     3. But  in case  of an authority in fact, to enter, an abuse
of such  authority will  not, in general, subject the party to an
action of  trespass, Lane, 90 ;  Bae. Ab. Trespass, B ;  2 T. It.
166. See generally 1 Chit. PI. 146. 169. 180.

          Bouvier's Law Dictionary : A1 : Page 6 of 118

    AB  INTESTAT. An  heir, ab  intestat, is  one on whom the law
casts the inheritance or estate of a person who dies intestate.

    AB IRATO, civil law. A Latin phrase, which signifies by a man
in anger.  It is  applied to bequests or gifts, which a man makes
adverse to  the interest  of his heir, in consequence of anger or
hatred against  him. Thus a devise made under these circumstances
is called  a testament  ab irato.  And the  suit which  the heirs
institute to  annul this  will is  called  an  action  ab  irato.
Merlin, Repert. mots Ab irato.

   ABANDONMENT,  contracts.  In  the French law, the act by which
a  debtor   surrenders  his  property  for  the  benefit  of  his
creditors. Merl. Rep. mot Abandonment.

    ABANDONMENT,  contracts. In  insurances the  act by which the
insured relinquishes to the assurer all the property to the thing
2.- No  particular form  is required for an abandonment, nor need
it be in writing;  but it must be explicit and absolute, and must
set forth the reasons upon which it is founded.
3.-It must also be made in reasonable time after the loss.
4.-It is  not in every case of loss that the insured can abandon.
In the  following cases an abandonment may be made: when there is
a total  loss;  when the voyage is lost or not worth pursuing, by
reason of  a peril  insured against or if the cargo be so damaged
as to  be of  little or  no value;   or where the salvage is very
high, and  further expense be necessary, and the insurer will not
engage to  bear it  or if what is saved is of less value than the
freight;   or where  the damage  exceeds one half of the value of
the goods  insured or  where the  property is  captured, or  even
detained by  an indefinite  embargo ;   and  in cases  of a  like
5.-The abandonment,  when legally made transfers from the insured
to the insurer the property in the thing insured, and obliges him
to pay  to the  insured what  he promised  him by the contract of
insurance. 3  Kent, Com. 265;  2 Marsh. Ins. 559  Pard. Dr. Coin.
n. 836  et seq.  Boulay Paty, Dr. Com. Maritime, tit. 11, tom. 4,
p. 215.

      ABANDONMENT.  In  maritime  contracts  in  the  civil  law,
principals are  generally held  indefinitely responsible  for the
obligations which  their agents  have contracted  relative to the
concern of  their commission but with regard to ship owners there
is remarkable peculiarity;  they are bound by the contract of the
master only  to the amount of their interest in the ship, and can
be discharged  from their  responsibility by  abandoning the ship
and freight.  Poth. Chartes part. s. 2, art. 3, § 51;  Ord. de la
Mar. des  proprietaires, art.  2;   Code de Com. 1. 2, t. 2, art.

    ABANDONMENT,  Rights. The  relinquishment of  a right;    the
giving up of something to which we are entitled.
    2.  - Legal  rights,  when  once  vested,  must  be  divested
according to  law, but equitable rights may be abandoned. 2 Wash.
R. 106.  See 1  H. &  M. 429;  a mill site, once occupied, may be
abandoned. 17  Mass. 297;   an  application for land, which is an
inception of  title, 5  S. &  R. 215;   2 S. & R. 378;  1 Yeates,
193, 289;   2 Yeates, 81, 88, 318;  an improvement, 1 Yeates, 515
;   2 Yeates,  476;  5 Binn. 73;  3 S. & R. 319;  Jones' Syllabus
of Land  Office Titles  in Pennsylvania,  chap. xx;   and a trust
fund, 3 Yerg. 258 may be abandoned.

          Bouvier's Law Dictionary : A1 : Page 7 of 118

    3.  - The abandonment must be made by the owner without being
pressed by  any duty, necessity or utility to himself, but simply
because he wishes no longer to possess the thing;  and further it
must be  made without  any desire  that any  other  person  shall
acquire the  same;   for if  it were made for a consideration, it
would be a sale or barter, and if without consideration, but with
an intention  that some other person should become the possessor,
it would be a gift: and it would still be a gift though the owner
might be  indifferent as to whom the right should be transferred;
for example,  he threw  money among a crowd with intent that some
one should acquire the title to it.

    ABANDONMENT  for torts,  a term used in the civil law. By the
Roman law, when the master was sued for the tort of his slave, or
the owner  for a  trespass committed  by  his  animal,  he  might
abandon them to the person injured, and thereby save himself from
further responsibility.
    2. - Similar provisions have been adopted in Louisiana. It is
enacted by the civil code that the master shall be answerable for
all the  damages  occasioned  by  an  offence  or  quasi  offence
committed by  his slave.  He may, however, discharge himself from
such  responsibility  by  abandoning  the  slave  to  the  person
injured;   in which  case such  person shall  sell such  slave at
public auction  in the  usual form;   to  obtain payment  of  the
damages and costs;  and the balance, if any, shall be returned to
the master  of the  slave, who  shall be  completely  discharged,
although the  price of  the slave should not be sufficient to pay
the whole  amount of  the damages  and costs;   provided that the
master  shall  make  abandonment  within  three  days  after  the
judgment  awarding   such  damages,  shall  have  been  rendered;
provided also  that it  shall not  be proved  that the  crime  or
offence was  committed by his order, for in such cases the master
shall be answerable for all damages resulting therefrom, whatever
be  the   amount,  without  being  admitted  to  the  benefit  of
abandonment. Art. 180, 181.
    3.  - The owner of an animal is answerable for the damages he
has caused;  but if the animal had been lost, or had strayed more
than a day, he may discharge himself from this responsibility, by
abandoning him to the person who has sustained the injury, except
where the  master has turned loose a dangerous or noxious animal,
for then  he must pay for all the harm he has done, without being
allowed, to make the abandonment. Ib. art. 2301.

    ABANDONMENT,  malicious. The  act of  a husband  or wife, who
leaves his  or her  consort willfully,  and with  an intention of
causing perpetual separation.
    2.  - Such  abandonment, when  it has continued the length of
time required  by the  local statutes,  is sufficient cause for a
divorce. Vide 1 Hoff. R. 47;  Divorce.

      ABATEMENT,  chancery  practice,  is  a  suspension  of  all
proceedings in a suit, from the want of proper parties capable of
proceeding therein.  It differs from an abatement at law in this,
that in  the latter  the action  is in general entirely dead, and
cannot be revived, 3 Bl. Com. 168 but in the former, the right to
proceed is  merely suspended,  and may  be revived  by a  bill of
revivor. Mitf. Eq. Pl. by Jeremy, 57;  Story, Eq. PI. §354.

   ABATEMENT, contracts, is a reduction made by the creditor, for
the prompt payment of a debt due by the payor or debtor. Wesk. on
Ins. 7.

          Bouvier's Law Dictionary : A1 : Page 8 of 118

   ABATEMENT, merc. law. By this term is understood the deduction
sometimes made  at the  custom-house from  the duties  chargeable
upon goods  when they  are damaged  See Act of Congress, March 2,
1799, s. 52, 1 Story L. U. S. 617.

   ABATEMENT,  pleading,  is  the  overthrow   of  an  action  in
consequence of  some error committed in bringing or conducting it
when the  plaintiff is  not forever  barred from bringing another
action. 1  Chit. Pl.  434. Abatement  is by plea. There can be no
demurrer in abatement. Willes' Rep. 479;  Salk. 220.
    2.  Pleas in  abatement will be considered as relating, 1, to
the jurisdiction  of  the  court;    2,  to  the  person  of  the
plaintiff;   3, to that of the defendant;  4, to the writ;  5, to
the qualities. of such pleas ;  6, to the form of such pleas;  7,
to the affidavit of the truth of pleas in abatement.
    3.  - §  1. As  to pleas  relating to the jurisdiction of the
court, see article Jurisdiction, and Arch. Civ. Pl. 290;  1 Chit.
PI. Index. tit, Jurisdiction. There is only one case in which the
jurisdiction of  the court  may be  inquired of under the general
issue, and that is where no court of the country has jurisdiction
of the cause, for in that case no action can be maintained by the
law of  the land.  3 Mass.  Rep. Rea  v. Hayden, 1 Dougl. 450;  3
Johns. Rep. 113;  2 Penn. Law Journal 64, Meredith v. Pierie.
    4.  - §  2. Relating  to the  person of the plaintiff. 1. The
defendant may  plead to  the person  of the  plaintiff that there
never was  any such  person in rerum natura. Bro. Brief, 25 ;  19
Johns. 308  Com. Dig.  Abatement, E  16. And  if one  of  several
plaintiffs be  a fictitious person, it abates the writ. Com. Dig.
Abatement, E  16;   1 Chit.  Pl. 435;   Arch. Civ. Pl. 304. But a
nominal plaintiff in ejectment may sustain an action. 5 Verm. 93;
19 John. 308. As to the rule in Pennsylvania, see 5 Watts, 423.
    5. - 2. The defendant. may plead that the plaintiff is a feme
covert. Co.  Lit. 132, b.;  or that she is his own wife. 1 Brown.
Ent. 63;   and  see 3  T. R.  631;   6 T.  R.  265;    Com.  Dig.
Abatement, E  6;  1 Chit. Pl. 437;  Arch. Civ. Pl. 302. Coverture
occurring after  suit brought is a plea in abatement which cannot
be pleaded after a plea in bar, unless the matter arose after the
plea in  bar;   but in  that case the defendant must not suffer a
continuance to  intervene  between  the  happening  of  this  new
matter, or its coming to his knowledge, and pleading it. 4 S & R.
238;  Bac. Abr. Abatement, G;  4 Mass. 659;  4 S. & R.
 238;   1 Bailey, 369;  4 Vern. 545;  2 Wheat. 111;  14 Mass. 295
;   1 Blackf.  288 ;  2 Bailey, 349. See 10 S. & R. 208;  7 Verm.
508;  1 Yeates, 185;  2 Dall. 184;  3 Bibb, 246.
    6.  - 3.  That the  plaintiff (unless  he sue  with others as
executor) is  an infant and has declared by attorney. 1 Chit. Pl.
436;   Arch. Civ.  Pi. 301;  Arch. Pr. B. R. 142 ;  2 Saund. 212,
a, n.  5;  1 Went. 58, 62;  7 John. R. 373;  3 N. H. Rep. 345;  8
Pick. 552;  and see 7 Mass. 241;  4 Halst. 381 2 N. H. Rep. 487.
    7. - 4. A suit brought by a lunatic under guardianship, shall
abate. Brayt. 18.
   8. - 5. Death of plaintiff before the purchase of the original
writ, may be pleaded in abatement. 1 Arch. Civ. PI. 304, 5;  Com.
Dig. Abatement,  E 17.  Death of plaintiff pending the writ might
have  been   pleaded  since   the  last  continuance,  Com.  Dig.
Abatement, H 32;  4 Hen. & Munf. 410;  3 Mass. 296 ;  Cam. & Nor.
72;   4 Hawks,  433;   2 Root,  57;  9 Mass. 422;  4 H. & M. 410;
Gilmer, 145;  2 Rand. 454;  2 Greenl. 127. But in some states, as

          Bouvier's Law Dictionary : A1 : Page 9 of 118

in Pennsylvania,  the, death  of the plaintiff does not abate the
writ;  in such case the executor or administrator is substituted.
The rule  of the  common law  is, that  whenever the death of any
party happens,  pending the writ, and yet the plea is in the same
condition, as if such party were living, then such death makes no
alteration;   and on  this rule  all the  diversities turn. Gilb.
Com. Pleas 242.
    9.  - 6.  Alienage, or  that the plaintiff is an alien enemy.
Bac. Abr.  h.t.;   6 Binn.  241 ;   10 Johns. 183;  9 Mass. 363 ;
Id. 377 ;  11 Mass. 119 ;  12 Mass. 8 ;  3 31. & S. 533;  2 John.
Ch. R. 508;  15 East, 260;  Com. Dig. Abatement, E 4;  Id. Alien,
C 5;  1 S. & R. 310;  1 Ch. PI. 435;  Arch. Civ. PI. 3, 301.
    10.  - 7.  Misnomer of  plaintiff  may  also  be  pleaded  in
abatement. Arch.  Civ. Pi. 305;  1 Chitty's Pleading, Index, tit.
Misnomer. Com.  Dig. Abatement,  E 19, E 20, E 21, E 22;  l Mass.
75;  Bac. Abr. h. t.
    11.  - 8.  If one  of several joint tenants, sue in action ex
contractu, Co.  Lit. 180, b;  Bac. Abr. Joint-tenants, K;  1 B. &
P. 73;   one  of several joint contractors, Arch. Civ. PI. 48-51,
53 ;  one of several partners, Gow on Part. 150;  one of. several
joint executors  who have  proved the  will, or even if they have
not proved  the will,  1 Chit.  PI. 12, 13;  one of several joint
administrators,  Ibid.   13;     the  defendant   may  plead  the
non-joinder in  abatement. Arch.  Civ. Pl.  304;   see Com.  Dig.
Abatement, E 9, E 12, E 13, E 14.
   12.-9. If  persons join  as plaintiffs in an action who should
not, the  defendant may  plead the misjoinder in abatement. Arch.
Civ. PI. 304;  Com. Dig. Abatement, E 15.
   13. - 10. When the plaintiff is an alleged corporation, and it
is intended to contest its existence, the defendant must plead in
abatement. Wright, 12;  3 Pick. 236;  1 Mass 485;  1 Pet. 450;  4
Pet. 501;   5  Pet. 231.  To a  suit brought  in the  name of the
"judges  of   the  county  court,"  after  such  court  has  been
abolished, the defendant may plead in abatement that there are no
such judges. Judges, &c. v. Phillips;  2 Bay, 519.
    14.  - § 3. Relating to the person of the defendant. 1. In an
action against two or more, one may plead in abatement that there
never was  such a  person in  rerum natura  as A, who is named as
defendant with him. Arch. Civ. PI. 312.
    15.  - 2.  If the  defendant be  a married  woman, she may in
general plead  her coverture  in abatement,  8 T.  R. 545 ;  Com.
Dig. Abatement,  F 2.  The exceptions to this rule arise when the
coverture is  suspended. Com.  Dig. Abatement, F 2, §3;  Co. Lit.
132, b;  2 Bl. R. 1197;  Co. B. L. 43.
   16. -  3. The death of the defendant abates the writ at common
law, and  in some  cases it does still abate the action, see Com.
Dig. Abatement, H 34;  1 Hayw. 500;  2 Binn. l.;  1 Gilm. 145;  1
Const. Rep.  83;  4 McCord, 160;  7 Wheat. 530;  1 Watts, 229;  4
Mass. 480;   8 Greenl. 128;  In general where the cause of action
dies with  the person,  the suit  abates  by  the  death  of  the
defendant before  judgment. Vide  Actio  Personalis  moritur  cum
    17.  - 4.  The misnomer  of the  defendant may  be pleaded in
abatement, but  one   defendant  cannot  plead  the  misnomer  of
another. Com. Dig. Abatement, F 18 ;  Lutw. 36;  1 Chit. PI. 440;
Arch. Civ.  PI. 312.  See form  of a  plea  in  abatement  for  a
misnomer of the defendant in 3 Saund. 209, b., and see further, 1
Show. 394;   Carth. 307 ;  Comb. 188 ; 1 Lutw. 10 ;  5 T. R. 487.

         Bouvier's Law Dictionary : A1 : Page 10 of 118

    18.  - 5. When one joint tenant, Com. Dig. Abatement, F 5, or
one tenant  in common,  in cases,  where they ought to be joined,
Ibid. F  6, is  sued alone-he  may plead  in  abatement.  And  in
actions upon  contracts if  the plaintiff  do  not  sue  all  the
contractors,  the   defendant  may   plead  the   non-joinder  in
abatement. Ibid.  F 8,  a;   1 Wash. 9;  18 Johns. 459;  2 Johns.
Cas. 382  ;   3 Caines's Rep. 99 ;  Arch.. Civ. PI. 309;  1 Chit.
PI. 441. When husband and wife should be sued jointly, and one is
sued alone,  the non-joinder  may be  pleaded in abatement. Arch.
Civ. PI.  309. The  non-joinder of  all the  executors, who  have
proved the  will;   and the non-joinder of all the administrators
of  the   deceased,  may  be  pleaded  in  abatement.  Com.  Dig.
Abatement, F 10.
    19. - 6. In a real action if brought against several persons,
they may  plead several  tenancy, that  is,  that  they  hold  in
severalty and  not jointly, Com. Dig. Abatement, F 12;  or one of
them may take the entire tenancy on himself, and pray judgment of
the writ.  Id. F  13. But  mis-joinder of defendant in a personal
action is  not the subject of a plea in abatement. Arch. Civ. PI.
68, 310.
    20.  - 7.  In cases where the defendant may plead non-tenure,
see Arch. Civ. PI. 310;  Cro. El. 559.
    21.  - 8. Where he may plead a disclaimer, see Arch. Civ. PI.
311;  Com.
 Dig. Abatement, F 15.
    22.  - 9.  A defendant  may plead  his privilege of not being
sued, in  abatement. Bac. Ab. Abridgment C ;  see this Dict. tit.
    23.  - §  4. Plea  in, abatement  of the  writ. 1.  Pleas  in
abatement of  the writ  or a bill are so termed rather from their
effect, than from their being strictly such pleas, for as oyer of
the writ  can no  longer be  craved, no objection can be taken to
matter which  is merely  contained in the writ, 3 B. & P. 399;  1
B. &  P. 645-648;   but  if a mistake in the writ be carried into
the declaration,  or rather  if the declaration, which is resumed
to correspond  with the  writ or till, be incorrect in respect of
some extrinsic  matter, it is then open to the defendant to plead
in abatement  to the  writ or  bill, 1 B. & P. 648;  10 Mod. 210;
and there  is no  plea to  the declaration  alone but in bar;  10
Mod. 210  ;   2 Saund.  209, d. 24.-2. Pleas in abatement. of the
writ or  bill and  to the  form  or  to  the  action.  Com.  Dig.
Abatement, H. 1, 17.
    25.  - 3. Those of the first description were formerly either
matter apparent  on the face of the ;Writ, Com. Dig. Abatement, H
l, or matters dehors. Id. H 17.
    26.  - 4.  Formerly very  trifling errors  were pleadable  in
abatement, 1 Lutw. 25;  Lilly's Ent. 6 ;  2 Rich. C. P. 5, 8 ;  1
Stra. 556;   Ld.  Raym. 1541 ;  2 Inst. 668;  2 B. & P. 395.. But
as oyer  of the  writ can  no longer  be had,  an omission in the
defendant's declaration of the defendant's addition, which is not
necessary to  be stated  in a  declaration, can  in  no  case  be
pleaded in  abatement. 1  Saund. 318,  n. 3;   3  B. & B. 395;  7
East, 882.
    27.  - 5.  Pleas in  abatement to  the form  of the writ, are
therefore  now   principally  for   matters  dehors,   Com.  Dig.

         Bouvier's Law Dictionary : A1 : Page 11 of 118

Abatement, H 17;  Glib. C. P., 51 , existing at the time of suing
out the  writ, or  arising afterwards,  such as  misnomer of  the
plaintiff or defendant in Christian or surname.
    28.  - 6.  Pleas in  abatement to the action of the writ, and
that the  action is  misconceived, as that it is in case where it
ought to  have, been  in trespass, Com. Dig. Abatement, G 5 ;  or
that it  was prematurely  brought, Ibid. Abatement, G 6, and tit.
Action E  ;   but as  these matters  are grounds  of demurrer  or
nonsuit, it  is now  very unusual  to plead them in abatement. It
may also
be pleaded  that there  ii another action pending. See tit. Autre
action pendant.  Com. Dig. Abatement, H. 24;  Bac. Ab. Abatement,
M;  1 Chitty's Pi. 443.
    29.  - §  6. Qualities  of pleas  in abatement.  1. A writ is
divisible, and  may be  abated in  part, and  remain good for the
residue;   and the  defendant may plead in abatement to part, and
demur or  plead in bar to the residue of the declaration. 1 Chit.
PI. 444;   2  Saund. 210,  n. The  general rule is, that whatever
proves the  writ false  at the  time of suing it out, shall abate
the writ  entirely Gilb.  C. P.  247 1 Saund. Rep. 286, (n) 7;  2
do. 72, (i)
sub fin.
    30.  - 2. As these pleas delay the trial of the merits of the
action, the  greatest accuracy  and  precision  are  required  in
framing them;   they  should be  certain to  every intent, and be
pleaded without any repugnancy. 3 T. R. 186;  Willes, 42 ;  2 Bl.
R. 1096  2 Saund.  298, b,  n. 1 ;  Com. Dig. 1, 11 Co. Lit. 392;
Cro. Jac.  82;   and must  in general give the plaintiff a better
writ. This  is the  true  criterion  to  distinguish  a  plea  in
abatement from  a plea  in bar.  8 T.  IR. 615;   Bromal. 139;  1
Saund. 274,  n. 4 ;  284 n. 4;  2 B. & P. 125 ;  4 T. R. 227 ;  6
East) 600  ;   Com. Dig.  Abatement, J 1, 2;  1 Day, 28;  3 Mass.
24;   2 Mass. 362;  1 Hayw. 501;  2 Ld. Raym. 1178;  1 East, 634.
Great accuracy  is also  necessary in  the form of the plea as to
the commencement  and conclusion, which is said to make the plea.
Latch. 178 ;  2 Saund. 209, c. d;  3 T. R. 186.
    31.  - §  6. Form of pleas in abatement .1  As to the form of
pleas in  abatement, see 1 Chit. PI. 447;  Com. Dig. Abatement, 1
19;  2 Saund. 1, n. 2.
    32.  - §  7. Of  the affidavit  of truth.  1.  All  pleas  in
abatement must  be sworn  to be  true, 4  Ann. c.  16, s. 11. The
affidavit may be made by the defendant or a third person, Barnes,
344, and must be positive as to the truth of every fact contained
in the  plea,  and  should  leave  nothing  to  be  collected  by
inference;   Sayer's Rep. 293;  it should be stated that the plea
is true  in substance and fact, and not merely that the plea is a
true plea.  3 Str.  705, Litt. Ent. 1;  2 Chitt. Pl. 412, 417;  1
Browne's Rep. 77 ;  see. 2 Dall. 184;  1 Yeates, 185.
    See  further on the subject of abatement of actions, Vin. Ab.
tit. Abatement;   Bac.  Abr. tit.  Abatement;  Nelson's Abr. tit.
Abatement;   American Dig.  tit. Abatement;  Story's Pl. 1 to 70;
1 Chit.  Pl. 425  to 458;   Whart.  Dig. tit.  Pleading, F.  (b.)
Penna. Pract. Index, h. t.;  Tidd's Pr. Index, h. t.;  Arch. Civ.
Pl. Index,  h. t.;   Arch. Pract. Index, h. t. Death;  Parties to
actions;  Plaintiff;  Puis darrein continuance.

    ABATEMENT  OF A  FREEHOLD. The  entry of a stranger after the
death of  the ancestor,  and before  the heir  or  devisee  takes
possession, by  which the  rightful possession  of  the  heir  or
devisee is defeated. 3 Bl. 1 Com. 167;  Co. Lit. 277, a;  Finch's
Law, 1 195;  Arch. Civ. Pl. 11.

         Bouvier's Law Dictionary : A1 : Page 12 of 118

    2.  By the  ancient laws  of Normandy,  this term was used to
signify  the  act  of  one  who,  having  an  apparent  right  of
possession to  an estate, took possession of it immediately after
the death  of the  actual possessor,  before  the  heir  entered.
Howard, Anciennes Lois des Frangais, tome 1, p. 539.

    ABATEMENT  OF LEGACIES,  is the reduction of legacies for the
purpose of paying the testator's debts.
    2. When the estate is short of paying the debts and legacies,
and there are general legacies and specific legacies, the rule is
that the  general legatees  must abate proportionably in order to
pay the  debts;   a specific  legacy is  not  abated  unless  the
general legacies  cannot pay  all the  debts;   in that case what
remains to  be paid  must be  paid by  the specific legatees, who
must,  where   there   are   several,   abate   their   legacies,
proportionably. 2 Bl. Com. 513;  2 Vessen. 561 to 564;  1 P. Wms.
680;  2 P. Wms. 283. See 2 Bro. C. C. 19;  Bac.
Abr. Legacies, H;  Rop. on Leg. 253, 284.

    ABATEMENT  OF NUISANCES  is the  prostration or  removal of a
nuisance. 3 Bl.
    2.  - 1.  Who may abate a nuisance;  2, the manner of abating
it. §1.  Who may  abate a  nuisance. 1.  Any person  may abate  a
public nuisance. 2 Salk. 458;  9 Co. 454.
    3. - 2. The injured party may abate a private nuisance, which
is created  by an act of commission, without notice to the person
who has  committed it;   but there is no case which sanctions the
abatement by  an individual  of nuisances  from omission,  except
that of  cutting branches  of trees which overhang a public road,
or the private property of the person who cuts them.
    4.  - § 2. The manner of abating it. 1. A public nuisance may
be abated  without notice,  2 Salk.  458;   and so  may a private
nuisance which  arises by  an act  of commission.  And, when  the
security of  lives or  property may require so speedy a remedy as
not to  allow time  to call  on the  person on whose property the
mischief  has  arisen  to  remedy  it,  an  individual  would  be
justified in  abating a  nuisance from omission without notice. 2
Barn. & Cres. 311;  3
Dowl. & R. 556.
   5. - 2. In the abatement of a public nuisance, the abator need
not observe  particular care  in abating  it, so  as  to  prevent
injury to  the materials.  And though  a gate illegally fastened,
might have  been opened  without cutting it down, yet the cutting
would be lawful. However, it is a general rule that the abatement
must be  limited by  its necessity,  and no wanton or unnecessary
injury must be committed. 2 Salk. 458.
    6.  - 3. As to private nuisances, it has been held, that if a
man in his own soil erect a thing which is a nuisance to another,
as by  stopping a  rivulet, and  so diminishing the water used by
the latter  for his  cattle, the  party injured  may enter on the
soil of  the other,  and  abate  the  nuisance  and  justify  the
trespass;   and this right of abatement is not confined merely to
a house,  mill, or  land. 2 Smith's Rep. 9;  2 Roll. Abr. 565;  2
Leon. 202;   Com.  Dig. Pleader,  3 M. 42;  3 Lev. 92;  1 Brownl.
212;   Vin. Ab.  Nuisance;   12 Mass. 420;  9 Mass. 316;  4 Conn.
418;  5 Conn. 210;  1 Esp. 679;  3 Taunt. 99;  6 Bing. 379.

         Bouvier's Law Dictionary : A1 : Page 13 of 118

    7.  - 4.  The abator  of a private nuisance cannot remove the
materials further  than is necessary, nor convert them to his own
use. Dalt.  o. 50.  And so  much only  of the thing as causes the
nuisance should  be removed;  as if a house be built too high, so
much. only  as is too high should be pulled down. 9 Co. 53;  God.
221;  Str. 686.
    8.  - 5.  If the nuisance  can be removed without destruction
and delivered  to a  magistrate, it is advisable to do so;  as in
the case  of a  libellous print or paper affecting an individual,
but still  it may  be destroyed 5 Co. 125, b.;  2 Campb. 511. See
as to  cutting down trees, Roll. Rep. 394;  3 Buls 198;  Vin. Ab.
tit. Trees, E, and Nuisance W.
   ABATOR is, 1st, he who abates or prostrates a nuisance;  2, he
who having  no right of entry, gets possession of the freehold to
the prejudiae  of an  heir or  devisee, after  the time  when the
ancestor died, and before the heir or devisee enters. See article
Abatement. Litt.  § 897;   Perk.  § 383;   1 Inst. 271;  2 Prest.
Abst. 296.  300. As  to the  consequences of  an abator  dying in
possession, See Adams' Eject. 43.

    ABATUDA, obsolete. Any thing diminished;  as, moneta abatuda,
which is money clipped or diminished in value. Cowell, h. t.

    ABAVUS,  civil law,  is the great grandfather, or fourth male
ascendant. Abavia,  is the  great grandmother,  or fourth  female

    ABBEY,  abbatia, is a society of religious persons, having an
abbot or  abbess to  preside over them. Formerly some of the most
considerable abbots  and priors in England had seats and votes in
the house  of lords.  The prior  of St.  John's of Jerusalem, was
styied the  first baron of England, in respect to the lay barons,
but he was the last of the spiritual barons.

    ABBREVIATION,  practice. -  The omission  of  some  words  or
letters in writing;  as when fieri facias is written fi. fa.
    2.  In writing contracts it is the better practice to make no
abbreviations;   but in  recognizances, and many other contracts,
they are  used;   as John  Doe tent to prosecute, &c. Richard Roe
tent to  appear, &c.  when the  recognizances are  used, they are
drawn out  in extenso.  See 4 Ca. & P. 61;  S.C.19E.C.L.R.268;  9

    ABBREVIATIONS and abbreviated references. The following list,
though necessarily incomplete, may be useful to some readers.

A, a,  the first letter of the alphabet, is sometimes used in the
  ancient law books to denote that the paging is the first of that
  number in the book. As an abbreviation, A is used for anonymous.
A. &  A. on  Corp. Angell & Ames on Corporations. Sometimes cited
   Ang. on Corp.
A. B. Anonymous Reports, printed at the end of Bendloe's Reports.

A. D. Anno Domini, in the year of our Lord
A. & E. Adolphus and Ellis' Reports.
A. &  E. N.  S. Adolphus  & Ellis'  Queen's  Bench  Reports,  New
   Series, commonly cited Q. B.
A. & F. on Fixt. Amos & Ferard on Fixtures.
A. K. Marsh. A. K. Marshall's (Kty.) Reports.
Ab. or Abr. Abridgement.
Abr. Ca. Eq. Abridgement of cases in Equity.

         Bouvier's Law Dictionary : A1 : Page 14 of 118

Abs. Absolute.Ab. Sh. Abbott on Shipping.
Acc. Accord or Agrees.
Act. Acton's Reports.
Act. Reg. Acta Regia.
Ad. Eject. Adams on Ejectment.
Ad. & Ell. Adolphus & Ellis' Reports.
Ad. finn. Ad finem. At or near the ond.
Ads. Ad sectum, vide Ats.
Addam's R. Addam's Ecclesiastical Reports. In E. Eccl. Rep.
Addis on Contr. Addison on the Law of Contracts and on Parties to
actions ex contractu.
Addis. R. Addison's Reports.
Admr. Administrator.
Ady. C. M. Adye on Courts Martial.
Aik. R. Aiken's Reports.
Al. Aleyn's Cases.
Al. Alinea. Al et. Et alii, and others.
Al.& N.~~ Alcock & Napier's Reports.
Ala. R. Alabama Repo_rt~.
Alc. Reg. G~. Alcock's Reg~stration Case~
Ald. ~ Van Hoes. Dig. A Di~gest of the Laws of Mi~sissippi, by T.
  J. ~Fox Alden and J. A. Yan Hoesen.
Aldr. Hilt. Aldridge's History of the Court~ of Law.
Alis. Prin. Alison's Principles of the Criminal Law of Scotland.
All. ~ Mor. Tr. Allen and Morris' Trial.
Alley. L.  D. of  ~Mar.  Alleyne'~s  Legal  Degrees  of  Marriage
Alln. Part. Allnat on Partition.
Am. America, American, or Americana.
Amb. Ambler's Reports.
Am. ~ Fer. on. F~ixt. Amo~s & Ferard on Fi~xture~s.
Amer. ~America, American, or Americana.
Amer. Dig. American Dige~t.
~Amer. Jur. American Jurist.
A~n. Anonymous.
And . Anderson's Reports.
Ander. Ch. War. Anderdon on Church Warden~.
Andr. Andrew'~ Report~.
Ang. on  Adv. Enj.  Angell'~s Inquiry  into the rule of law which
   creates a right to an incorporeal hereditament,  by an adverse
   enjoyment  of twenty years.
Ang.  on   Ass.  Angell'~s   Practical  Summary  of  the  Law  of
   Assignment~ in tru~t for creditor~.
Ang. on B. T. Angell on Bank Tax.
Ang. on Corp. Angell on the Law of Private Corporation~s.
Ang. on  Limit. Angell's Treatise on the Limitation of Actions at
   Law, and Suits in Equity.
~Ang. on  Tide Wat.  ~~Angell on  the right  of property  in Tide
Ang.~ on W~ater Co~urses. Angell on the Common Law in relation to
   Water Courses.

         Bouvier's Law Dictionary : A1 : Page 15 of 118

Ann. Anne;  as 1 Ann. c. 7.Anna. Annaly's  Reports. This  book is
  usually cited  Cas. Temp.
Annesl. on Ins. Annesley on Insurance.
Anstr. Anstruther's Reports.
Anth. Shep. Anthon's editon's of Sheppard's Touchstone.
Ap. Justin. Apud Justinianum, or Justinian's Institutes.
App. Apposition.
Appx. Appendix.
Arch Archbold.  Arch. Civ.  Pl. Archbold's Civil Pleadings. Arch.
Cr. Pl. Ar-
   chbold's Criminal  Pleadins. Arch.  Pr.  Archbold's  Practice.
Arch. B. L.
   Archbold's Bankrupt  law. Arch. L. & T. Archbold on the Law of
  and Tenant. Arch. N. P. Archbold's Law of nisi Prius.
Arg. Argumento,  by an  argument drawn  from such  a law. it also
Arg. Inst. Institution au Droit Francais, par M. Argou.
Ark. Rep. Arkansas Reports. See Pike's Rep.
Ark. Rev. Stat. Arkansas Revised Statutes.
Art. Article
Ashm. R. Ashmead's Reports
~Aso &  Man. Inst.  Aso and  Manuel's institutes  of the  Laws of
Ass. or Lib. Ass. Liber Assissarium, or Pleas of the Crown.
Ast. Ent. Aston's Entries.
Atherl. on  Mar. Atherley on the Law of Marriage and other Family
Atk. Atkyn's Reports.
Atk. P. T. Atkyn's Parliamentary Tracts.
Atk. on Con. Atkinson on Conveyancing.
Atk. on Tit. Atkinson on Marketable Titles.
Ats. in  practice, is an abbreviation for the words "at suit of,"
and is used
   when the defendant files any pleadings;  for example: when the
   enters a  plea he  puts his name before that of the plaintiff,
reversing the
  order in which they are on the record. C.D.(the defendant,) ats
A.B. (the
Aust. on  Jur. The  Province of  Jurisprudence determind, by John
Auth. Authentica, in the Authentic;  that is, the Summary of some
of the Novels
  of the Civil Law inserted in the code under such a title.
Ay. Ayliff'es Pandect.
Ayl. Parerg. Ayliffe's Parergon juris canonici Anglicani.
Azun. Mar. Law. Azuni's Maritime Law of Europe.
B, b,  ig used  to point out that a number, used at tho head of a
page to denote
 the folio, is the second number o~f the same volume.
B. B. Bail Bond.
B. or Bk. Boo~k.
B. ~& A. Barnewall & Alderson~s Reports.

         Bouvier's Law Dictionary : A1 : Page 16 of 118

B. ~& B. Ball ~& Beatty's Reports.B. C. R. Brown'~s Chancery Reports.
B. Eccl. L. Burn's Ecclesia~tical Law.
B. J~ust. Burn's Justice.
B. N. C. Brooke's ~New Cases.
B. P. C. or Bro. Parl. CaJ. Brown's Parliamentry Ca~ses.
B. ~& P. or Bos. ~& Pull. Bosanquet & Puller's Reports.
B. R. or K. B. ~King'~s Bench.
B. Tr. Bishop's Trial.
Bab. on Auct. Babington on the Law of Auctions.
Bab. Set off. Babington on Set off and mutual credit.
Bac. Abr. Bacon's Abridgement.
Bac. Comp. Arb. Bacon's (M.) Complete Arbitrator.
Bac. El. Bacon's Elements of the Common Law.
Bac. Gov. Bacon on Go~vernment.
Bac. Law Tr. Bacon'~s Law Tracts
Bac. Leas. Bacon (M.) on Leases and Term~ of Years.
Bac. Lib  Reg. Bacon's  ~John) Liber  Regis, vel  Thesaurus Rerum
Bac. Use~s  Bacon'~s Reading  on the  Statute of  Uses.  This  is
printed in his Law Tract~s.
Bach. ~an. Bache'~s Manual of a Pennsylvania Justice of the Peace
Bail. R.  Bailey's Report~.
Bain. on ~~~M.&M. Bainbridge on Mines and Mineral~s.
Baldwin. R. Baldwin's Circuit Court Reports.
Ball & Beat. Ball and Beatty'~s Report~s.
Ballan. Lim. Ballantine on Limitations.
Banc. Sup. Upper Bench.
Barb. ~Eq. Dig. Barbour~s Equity Dige~st.
Barb. Cr. Pl. B~arbour's Criminal Pleading~.
Bar~b. Pract.  in Ch.  Barbour's Treatise  on the Practice of the
Court of Chancery.
Barb. R. Barbour's Chancery Report~s.
~Barb. Grot. Grotius on War and Peace, with notes by Barbeyrac.
Barb. Puff.  Puffendorf'~s Law  of Nature and Nations, with notes
   by M. Barbeyrac.
Barb. on Set off. Barbour on the Law of Set off, with an appendix
   of Precedents.
Barn. C. Barnardiston's~ Chancery Reports.
Barn. Barnardi~ston's K. B. Reports.
Barn. ~& Ald. Barnewall & Alder~on'~s Re~ports.
~Barn. ~& ~Adolph. Barnewall & Adolphu~'s Reports.
Barn. ~& Cre~ss. Barnewull & Cresswell'~s Reports.
Barn. Sher. Barnes' Sheriff.
Barnu. Barne~' Notes of Practice.
Barr. Ob~s.  Stat. Barrington'~s Observations on the more ancient
Barr. Te~n. Barry's Tenure.
Bart. El.  Conv. Barton's  Element~ of Conveyancing. 
~Bart. Prec. Conv.  Barton's Precedent~ of Conveyancing. Bart. S. 
   Eq. Barton's Suit in Equity.
Batt~y'~s R.  Batty's Reports  of Cases  determined in the ~K. B.

         Bouvier's Law Dictionary : A1 : Page 17 of 118

Bay's R. Bay's Reprts.Bayl. Bills. Bayley on Bill~s.
Bayl. Ch. Pr. Bayley~'s Chamber Practice.
Beam. ~Ne  E~xeat. Br~ief  view of the writ of Ne Exeat Regno, as
   a~ equi~ablc proc~ess, by J. Beam~s.
Beam.. Eq. Beames on Equity Pleading.
Beam. Ord.  Chan. Beames'  ~General Orders  of the  High Court of
Cbancery, from 1600 to 1815.
Beat. R.  Beatty'~s Reports  determined  in  the  High  Court  of
   Chancery In Ireland.
Beav. R. Beavan's Chancery Reports.
Beawes. Beawe~'s Lex Mercatoria.
Beck'~s Med. Jur. Bec~k's Medical Jurisprudence.
Bee's R. Bee's Reports.
Bell'~s Com.  Bell's Commentaries on the Laws of Scotland, and on
   the Principles of Mercantile~ Jurisprudence.
Bell. Del. U. L. Beller's Delineation of Universal Law.
Bell's Dict. Dictionary of the Law of Scotland By Robert Bell
Bell's ~Med. Jur Bell'~s Medical Jurisprudence.
Bell~.  Bellewe'~s   Ca~ses  in  the  time  of  ~K.  Richard  II.
   Bellewe'~s Cases in the time of  Henry VIII,  Edw VI.,  and Q.
   Mary, collected out of Brooke's ~ Abridgment, and arranged under
   years,~ with a table, are cited as Brooke's New Cases.
Bellingh. Tr. Bellingham's Trial.
Belt's Sup.  Belt's Supplement.  Supplement  to  the  Reports  in
   Chancery of Francis Vesey,  Senior, Esq,  during the  time of
   Lord Ch  J. Hardwicke.
Belt's Ves. sen. Belt's editon of Vesey senior's Reports.
Benl. Benloe & Dalison's Reports. See New Benl.
Ben. on Av. Benecke on Average.
Benn. Diss. Bennet's Short Dissertation on the nature and various
   proceedings in the  Master's Office, in the Court of Chancery.
   Sometimes this book is called Benn. Pract.
Benn. Pract. See Benn. Diss.
Benth. Ev. Bentham's Treatise on Judicial Evidence.
~B~est on Prc~. Best's Treatise on Presumption of Law and Fact.
Bett's Adm. Pr. Bett's Admiralty Practice.
Bev. on Hom. Bevil on Homicide.
Bill. on Aw. Billing on the Law of Awards.
Bi~ng. Bingham  Bin~. Inf;   Bingham  on Infancy.  Bing on  Judg.
Bingham on Judgments
  and E~ecutions. Bing L.&~ T. Bingham on the Law of Landlord and
Tenant Bing.
  R. Bing Bingham's Reports. Bin~. ~N. C. Bingham'~s New C~ases.
Binn.  Reports  Of  Cases  adjudged  in  the  Supreme  Court.  of
Pennsyl~vania By
  Horace Binney
Bird on Conv. Bird on Conveyancing Bird L.~& T. Bird o~n the Laws

         Bouvier's Law Dictionary : A1 : Page 18 of 118

  Landlords, Tenants and Lod~gers. Bird's Sol. Pr Bird's Solution
of Precedents
  of Settlement~.
Biret, De  l'Abs. Traite  de l'Absence  et de ses effects, par M.
Bi~s. on  E~st. or  Buss. on  Life E~st.  Bi~ssett on  the Law of
Estates for Life.
Biss. on Par~n. Bissett on Partnership.
Bl. Blounts Law Dictionary and ~Glossary
Bl. Comm.  or Comm.  Commentaries on  the Laws  of England by Sir
Bl. Rep. Sir William Blac~kstone's Reports.
Bl. ~H. Henry Blackstone's Report~, sometime cited ~H. Bl.
Bla~ck. L. T. Blackstone's Law Tracts
Blackb on  Sales. Blac~kburn  on the  Eff~ect of  the Contract of
Blac~b. on Sales. Blac~burn on the Law of Sales.
Blackf. R. Blackford'~s Reports.
Blak. Ch.  Pr. Bla~ke's Practice of the Court of Chancery of ~the
State of ~New'
Blan. on Ann. Blaney on Life Annuities
Bland's Ch. R. Bland'~s Chancery Reports.
Blansh. Lim. Blan~shard on Limitations.
Bligh. R. Bligh's Reports of Cases decided in the House of Lords.
Blount. Blount's ~ Law Dictionary and Glo~ssary.
Bo. R. Act. Booth on Real Actions.
Boh. Dec.  Bohun'~s Declaration~.  Boh. En~g. L. Bohun'~s English
Lawyer. Boh. Priv.
  Ion. Bohun'~s Privilegia Londini.
Boote. Boote's  Ch. Pr. Boote'~s Chanccry Practice. Boote's S. L.
~Boote's Suit
  at Law.
Booth's R. A. Booth on Real Action.
Borth. L. L. Borthwic~k on the La~w of Libel~.
Bos. & ~ Pull. Bosanquet and Puller'~s Reports. Vide B.~& P.
Bosc. on Con~. Bo~cowen on Convictions.
Bott. Bott'~s Poor Law~.
Bouch In~st. Dr. ~Mar. Boucher, Institution au Droit Maritime.
Boulay Paty~  Dr. Com. Cours de Droit Commercial Maritime, par P.
S Boulay Paty.
Bousq. Dict. de Dr. Bousquet, Dictionnaire de Droit.
Bouv. L. D. Bouvier'~s Law Dictionary.
Bouv. Inst. Institutione~s Theologicae Auctore J. Bouvier.
Bouv. In~st. ~Am. Law. Bouvier'~s Institutes of American Law.
Bo~wl. on Lib. Bowles on Libels.
Br. or Brownl. Brownlow'~s Reports.
Br. or Br. Ab. Brooke'~s ~Abridgment.
Bra. Brady~'s  Hiatory of the Succession of the Crown of England,
Brac. Bracton's Treatise on the Law~ and C~ustoms of England.
Bra. Princ. Branche'~s Principia Legi~s et A~equitati~s.
Brack. L. ~Misc. Brackenridge'~s Law Miscellany.
bradb. Bradby on Distresses.
Bradl. P. B. Bradley's Point Book.
Bran. Prin.  or Bran.  Max. Branch's  Principia Legis Aequitatis,
being an  alphabetical collection of maxims, &c.

         Bouvier's Law Dictionary : A1 : Page 19 of 118

Brayt. R. Brayton's Report~.
Breese'~s R. B~reese'~s Report~
Brev. Sel. Brevia Selecta, or Choice Writ~s.
Brid. Bridgman's  Reports Reports  from 12 to 19 K Jame~s. By Sir
John Bridgman.
Brid. Dig. Ind. Bridgman's Dige~sted Inde~x.
Brid. Leg. Bib. Bridgman'~s Legal Bibliography.
Brid. Conv. Bridgman~'s Precedents of Conveyancing.
Brid. Refl. Bridgman'~s Reflections on the Study of the Law.
Brid. Sy~nth. Bridgeman's Synthesis.
Brid. Thes. Jur. Bridgman'~s The~saurus Juridic~.
Bridg. O. Orlando Bridgmen's Reports.
Bridg. The. Jru. Bridgman's Thesaurus Juridicus.
Britton. Treatise onthe Ancient Pleas of the Crown
Bro. or  Brownl. Brownlow's  Reports. Also,  Reports  by  Richard
Brownlow and John
  Goldeshorough. Cited 1 Bro. 2 Bro.
Bro. Ab. Brooke's Abridgement.
Bro. A. & C. L. Brown's Admiralty and Civil Law.
Bro. C. C. Brown's Chancery Cases.
Bro. Off.  Not. A Treatise on the Office and Practice of a Notary
in England,
 as connected with Mercantile Instruments, &c. By Richard Brooke.
Bro. P. C. Brown's Parliamentary Cases.
Bro. Read. Brooke's Reading on the Statute of Limitations.
Bro. on Sales. Brown on Sales
Bro. V.M. Brown's Vade Mecum.
Brock. R.  Brockenbrough's Reports  of Chief  Justice  Marshall's
Brod. & Bing. Broderip & Bingham's Reports.
Broom on Part. Broom on Parties to Actions.
Brownl. Rediv. or Brownl. Ent. Brownlow Redivivus.
Bruce M. L. Bruce's Military Law.
Buck's Ca.  Buck's Cases.  Cases in  Bankruptcy in 1817, 1818, by
J.W. Buck.
Bull. Bull. N.P. Buller's Nisi Prius.
Bulst. Bulstrode's Reports.
Bunb. Bunbury's Reports.
Burge Col. Law. Burge's Colonial Law.
Burge Confl. of Law. Burge on the Conflict of Laws.
Burge on Sur. Burge's Commentaries on the Law of Suretyship. &c.
Burge For. Law. Burge on Foreign Law.
Burlam. Burlamaqui's Natural and Political Law.
Burn's L.D. Burn's Law Dictionary.
Burn's Just. Burn's Justice of the Peace.
Burn's Eccl. Law or Burn's E.L. Burn's Ecclesiastical Law.
Burn. C.L. Burnett's Treatise on the Criminal Law of Scotland.
Burn.  Com.   Burnett's  Commentaries  on  the  Criminal  Law  of
Burr. Burrow's Reports.
Burr. Sett. Cas. Burrow's Settlement Cases.
Burr's Tr. Burr's Trial.
Burt. Man. Burton's Manual of the Law of Scotland. The work is in
two parts,
   one relating  to "public  law," and  the other  to the  law of

         Bouvier's Law Dictionary : A1 : Page 20 of 118

"private rights   and obligations."  The former  is cited  Burt. 
Man. P.L.;  the
latter, Burt.
  Man. Pr.
Burt. on Real Prop. Burton on Real Property.
Butl. Hor. Jur. Butler's Horae Juridicae Subsecivae.
C. Codes, the Code of Justinian. C. Code. C. Chancellor.
C.& A. Cooke and Alcock's Reports.
C.B. Communi Banco, or Common Bench.
C.C. Circuit Court.
C.C. Cepi Corpus.
C.C.& B.B. Cepi Corpus and Bail Bond.
C.C. or Ch. Cas. Cases in Chancery in three parts.
C.C.C. or Cr. Cir. Com. Crown Circuit Companion.
C.C.&  C.   Cepi   corpus   et   committitur.   See   Capias   ad
satisfaciendum, in the
  body of the work.
C.C.E. or Cain. Cas. Caines' Cases in Error.
C.D. or Com. Dig. Comyn's Digest.
C.& D. C. C. Crawford and Dix's Criminal Cases.
C.& D. Ab. C. Crawford and Dix's Abridged Cases.
C.& F. Clark & Findley's Reports.
C.& F. Clarke & Finelly's Reports.
C. J. Chief Justice.
C.& J. Crompton & Jervis' Exchequer Reports.
C.J.C.P. Chief Justice of the Common Pleas.
C.J.K.B. Chief Justice of the King's Bench.
C.J.Q.B. Chief Justice of the Queen's Bench.
C.J.U.B. Chief  Justice of  the Upper  Bench. During the  time of
the common-
   wealth, the  English Court  of the King's Bench was called the
Upper Bench.
C.& K. Carrington & Kirwan's Reports.
C.& M. Crompton & Meeson's Reports.
C.& M. Carrington & Marshman's Reports.
C.M.& R. Crompton, Meeson & Roscoe's Exchequer Reports.
C.N.P.C. Campbell's Nisi Prius Cases.
C. P. Common Pleas.
C.P. Coop. C.P. Cooper's Reports.
C.& P. or Car.& Payn. Carrington & Payne's Reports.
C.& P. Craig & Phillips' Reports.
C.R. or Ch. Rep. Chancery Reports.
C.& R. Cockburn & Rowe's Reports.
C.W. Dudl. Eq. C.W. Dudley's Equity Reports.
C. Theod. Codice Theodosiano, in the Theodosian code.
Ca. Case or placitum.
Ca. T.K. Select Cases tempore King.
Ca. T. Talb. Cases tempore Talbot.
Ca. res. Capias ad respondendum.
Ca.  sa.,   in  practice,   is  the  abbreviation  of  capias  ad
Caines' R. Caines' Term Reports.
Caines' Cas. Caines' Cases, in error.
Caines' Pr. Caines' Practice.
Cald. R. Caldecott's Reports.
Cald. S.C.  Caldecott's Settlement  Cases;  sometimes cited Cald.

         Bouvier's Law Dictionary : A1 : Page 21 of 118

Caldw. Arbit. Caldwell on Arbitration.Call. on Sew. Callis on the
 Law relating to Sewers.
Call's R. Call's REports.
Calth. R.  Calthorp's Reports  of Special  Cases touching several
customs and
  liberties of the City of London.
Calv. on Part. Calvert on Parties to Suits in Equity.
Cam.& Norw. Cameron & Norwood's Reports.
Campb. Campbell's Reports.
Can. Canon.
Cap. Capitulo, chapter.
Car. Carolus: as 13 Car. 2, st. 2, c.1.
Carr. Cr. L. Carrington's Criminal Law.
Carr.& Kirw. Carrington & Kriwan's Reports. See C.& K.
Carr.& Marsh. Carrington & Marshman's Reports.
Carr.& Oliv.  R. and  C.C. Carrow  & Oliver's  Railway and  Canal
Cart. Carter's  Reports. Reports  in C.P.  in 16, 17, 18, and 19,
Charles II.
Cara de For. Carta de Foresta.
Carth. Carthew's Reports.
Cary. Cary's Reports.
Cary on Partn. Cary on the Law of Partnership.
Cas. of App. Cases of Appeals to the House of Lords.
Cas. L. Eq. Cases and Opinions in Law, Equity, and Conveyancing.
Cas. of  Pr. Cases  of Practice in the Court of the King's Bench,
   from the reign of Eliz. to the 14 Geo. 3.
Cas. of Sett. Cases of Settlement.
Cas. Temp. Hardw. Cases during the time of Lord Hardwicke.
Cas. Temp. Talb. Cases during the time of Lord Talbot.
Ch. Chancellor.
Ch. CAs. Cases in Chancery.
Ch. Pr. Precedents in Chancery.
Ch. R. REports in Chancery.
Ch. Rep. Vide Ch. Cases.
Chamb. on  Jur. of Chan. Chambers on the Jurisdiction of the High
   Court of Chancery, over the Persons and Property of Infants.
Chamb. L.& T. Chambers on the Law of Landlord and Tenant.
Char. Merc. Charta mercatoria. See Bac. Ab. Smuggling, C.
Charlt. Charlton.  T.U.P. Charl.  T.U.P. Charlton's Reports. R.M.
Charlton's Reports.
Chase's Tr. Chase's Trial.
Cher. Cas. Cherokee Case.
Chev. C.C. Cheves' Chancery Cases.
Chipm. R. Chipman's Reports. D. Chipm. D. Chipman's Reports.
Chipm. Contr.  Essay on  the Law  of Contracts for the payment of
   Specific Articles. By Daniel Chipman.
Ch. Contr.  A Practical  Treatise on  the Law  of  Contracts.  By
Joseph Chitty, Jr.
Chitty. on  App. Chitty's  Practical Treatise on the Law relating
to Apprentices and Journeymen.
Chit. on Bills. Chitty on Bills.

         Bouvier's Law Dictionary : A1 : Page 22 of 118

Chit. Jr. on Bills. Chitty, junior, on Bills.Chit. Com. L. Chitty's
 Treatise on Commerical Law.
Chit. Cr. L. Chitty's Criminal Law.
Chit. on Des. Chitty on the Law of Descents.
Chit. F. Chitt's Forms and Practical Proceedings.
Chit. Med. Jur. Chitty on Medical Jurisprudence.
Chit. Chitty's Reports.
Chit. Pl. A Practical Treatise on Pleading, by Joseph Chitty.
Chit. Pr. Chitty's General Practice.
Chit. Prerog. Chitty on the Law of the Prerogatives of the Crown.
Chris. B.L. Christian's Bankrupt Laws.
Christ. Med.  Jur. Christison's  Treatise on Poisons, relating to
   Medical Jurisprudence, Physiology, and the Practice of Physic.
Civ. Civil.
Civ. Code Lo. Civil Code of Louisiana.
Cl. The Clementines.
Cl. Ass. Clerk's Assistant.
Clan. H.&  W. Clancy  on the  Rights, Duties,  and Liabilities of
   Hushand and Wife.
Clark on Leas. Clark's Enquiry into the Nature of Leases.
Clarke, R. Clarke's Reports.
Clark & Fin. Clark & Finelly's Reports.
Clark. Adm. Pr. Clarke's Practice inthe Admiralty.
Clark. Prax.  Clarke's Praxis,  being the manner of proceeding in
   the Ecclesiastical Courts.
Clay. Clayton's Reports.
Cleir. Us et Const. Cleirac, Us et Coustumes ae la Mer.
Clerke's Rud. Clerke's Rudiments of American Law and Practice.
Clift. Clift's Entries.
Co. A  particle used  before other words to imply that the person
   spoken of possesses the  same character as other persons whose
   character is mentioned, as co-executor, and executor with other;
   co-heir, an heir with others; co-partner, a partner with others,
   etc.  -  Co.  is  also  an abbreviation for "company" as  John
   Smith & Co.  When so abbreviated is  also represents "county."
Co. Coke's Reports.
Co. or Co. Rep. Coke's Reports.
Co. Ent. Coke's Entries.
Co. B. L. Cooke's Bankrupt Law.
Co. on Courts. Coke on Courts;  4th Institute. See Inst.
Co. Litt. Coke on Littleton. See Inst.
Co. M. C. Coke's Magna Charta;  2d Institute. See. Inst.
Co. P. C. Coke's Pleas of the Crown. See Inst.
Cock & Rowe. Cockburn & Rowe's Reports.
Code Civ.  Code Civil,  or Civil  Code of  France. This  work  is
usually cited by
  the article.
Code Nap. Code Napoleaon. The same as Code Civil.
Code Com. Code de Commerce.
Code Pen. Code Penal.

         Bouvier's Law Dictionary : A1 : Page 23 of 118

Code Pro. Code de Procedure.Col. Column, in the first or second 
 column of the book quoted.
Col.& Cai. CAs. Coleman & Caines' Cases.
Cole on  Inf. Cole  on Criminal Informations, and Informations in
the Nature of
  Quo Warranto.
Coll. on Pat. Collier on the Law of Patents.
Coll. on Idiots. Collinson on the Law concerning Idiots, &c.
Coll. Rep. Colle's Reports.
Coll. Collation.
Colly. Rep. Collyer's Reports.
Com. Communes, or Extravagantes Communes.
Com. or Com. Rep. Comyn's Reports.
Com. Contr. Comyn on Contract.
Com. on Us. Comyn on Usury.
Com. Dig. Comyn's Digest.
Com. L.& T. Comyn on the Law of Landlord and Tenant.
Com. Law. Commerical Law.
Com. Law. Rep. Common Law Reports, edited by Sergeant and Lowher.
Comb. Comberbach's Reports.
Comm. Blackstone's Commentaries.
Con. & Law. Connor & Lawson's Reports.
Cond. Condensed.
Cond. Ch. R. Condensed Chancery Reports.
Cond. Ex. R. Condensed Exchequer Reports.
Conf. Chart. Confirmatio Chartorum.
Cong. Congress.
Conkl. Pr.  Conkling's Practice  of  the  Courts  of  the  United
Conn. R. Connecticut Reports.
Conr. Cust. R. Contoy's Custodiam Reports.
Cons. del Mar. Consolato del Mare.
Cons. Ct. R. Constitutional Court REports.
Cont. Contra.
Cooke on Defam. Cooke on Defamation.
Coop. Eq. R. Cooper's Equity Reports.
Coop. Cas. Cases in the High Court of Chancery. By George Cooper.
Coop. on Lib. Cooper on the Law of Libels.
Coop. Eq. Pl. Cooper's Equity Pleading.
Coop. Just. Cooper's Justinian's Institutes.
Coop. Med. Jur. Cooper's Medical Jurisprudence.
Coop. t. Brough. Cooper's Cases in the time of Brougham.
Coop. P.P. Cooper's Points of Practice.
Cote. Mrtg. Coote on Mortgages.
Corb. & Dan. Corbet & Daniel's Election Cases.
Corn. on Uses. Cornish on Uses.
Corn. on REm. Cornish on REmainders.
Corp. Jur. Civ. Corpus Juris Civilus.
Corp. Jur. Can. Corpus Juris Canonicus.
Corvin. Corvinus.  See Bac.  Ab. Mortgage A, where this author is
Cot. Abr. Cotton's Abridgement of Records.
Cov. on Conv. Evi. Coventry on Conveyancers' Evidence.
Cow. Int. Cowel's Law Dictionary, or the Interpreter of words and
terms, used either in the common or statute laws of Great Britain.
Cowp. Cowper's Reports.

         Bouvier's Law Dictionary : A1 : Page 24 of 118

Cow. R. Cowen's Reports, N.Y.Cox's Cas. Cox's Cases.
Coxe's R. Coxe's Reports.
Crabb's C.L.  Crabb's Common  Law. A  History of  English Law. By
George Crabb.
Crabb, R. P. Crabb on the Law of REal Property.
Craig & Phil. Craig & Phillip's Reports.
Cranch, R. Cranch's Reports.
Cressw. R.  Cresswell's Reports of Cases decided in the Court for
the RElief of
  Insolvent Debtors.
Crim. Con. Criminal Conversation: adultery.
Cro. Croke's Reports.
Cro. Eliz.  Croke's Reports,  during the time of Queen Elizabeth,
also cited as 1 Cro.
Cro. jac.  Croke's Reports during the time of King James I., also
cited as 2 Cro.
Cro. Car.  Croke's Reports,  during the  time of Charles I., also
cited as 3 Cro.
Crompt. Ex. Rep. Crompton's Exchequer Reports.
Crompt. J.C. Crompton's Jurisdiction of Courts.
Crompt. & Mees. Crompton & Meeson's Exchequer Reports.
Crompt. Mees.  & Rosc.  Crompton, Meeson,  and Roscoe's Exchequer
Cross on  Liens. Cross' Treatise on the Law of Liens and Stoppage
in Transitu.
Cru. Dig.  or Cruise's  Dig. Cruise's  Digest of  the Law of Real
Cul. Culpablilis,  guilty;   non cul. not guilty;  a plea entered
in actions of trespass.
Cul. prit.,  commonly written culprit;  cul., as above mentioned,
   culpabilis, or  culpable;   and prit, which is a corruption of
pret, signifies ready. 1 Chitty Cr. Law. 416.
Cull. Bankr. L. Cullen's Principles ofhte Bankrupt Law.
Cun. Cunningham's Reports.
Cunn. Dict. Cunningham's Dictionary.
Cur. adv. vult. Curia advisare vult. Vide Ampliation.
Cur. Scacc. Cursus Scaccarii, the Court of the Star Chamber.
Cur. Phil. Curia Philipica.
Curs. Can. Cursus Cancellariae.
Curt. R. Curteis' Ecclesiastical Reports.
Curt. Am. Sea. Curtis on American Seamen.
Curt. on Copyr. Curtis on Copyrights.
Cush.  Trust.   Pr.  Cushing   on  Trustee  Process,  or  Foreign
Attachment, of the Laws of Massachusetts and Maine.
Cust. de Norm. Custome de Normandie.
D. dialogue;   as,  Dr. and  Stud. D.  2, c.  24, or  Doctor  and
Student, dialogue 2, chapter 24.
D. dictum;  D. Digest of Justinian.
D. The  Digest or  Pandects of  the Civil Law, is sometimes cited
thus, D.6.1.5.

         Bouvier's Law Dictionary : A1 : Page 25 of 118

D. C. District Court;  District of Columbia.D. C. L. Doctor of the
  Civil Law.
D. Chipm. R. D. Chipman's Reports.
D. S. B. Debit sans breve.
D. S. Deputy Sheriff.
D.& C. Dow and Clark's Reports.
D.& C. Deacon & Chitty's Reports.
D.& E. Durnford & East's Reports. This book is also cited as Term
Reports, abbreviated as T.R.
D.& L. Danson & Lloyd's Mercantile Cases.
D.& M. Davidson's & Merivale's Reports.
D.& R. Dowling and Ryland's Reports.
D.& R.  N. P. C. Dowling and Ryland's Reports of Cases decided at
Nisis Prius.
D.& S. Doctor and Student.
D.& W. Drury & Walsh's Reports.
D;Aguesseau,   Oeuvres.    Oeuvres   completes   du   Chancellier
Dat. Cr. L. Dagge's Criminal Law.
Dal. Dalison's Reports. See Benl.
Dall. Dallas' Reports.
Dall. Dallas' Laws of Pennsylvania.
Dalloz, Dict.  Dictionaire General  et raisonne de legilation, de
Doctrine, et
   de Jurisprudence,  en matiere civile, commerciale, criminelle,
administrative, et de Droit Public. Par Armand Dalloz, jeune.
Dalr. Feud.  Pr. Dalrymple's Essay, or History of Feudal Property
in Great Britain. Sometimes cited Dalr. F.L.
Dalr. on Ent. Dalrymple on the Polity of Entails.
Dalr. F. L. Dalrymple's Feudal law.
Dalt. Just. Dalton's Justice.
Dalt. Sh. Dalton's Sheriff.
D'Anv. D'Anvers' Abridgement.
Dan. Ch. Pr. Caniell's Chancery Practice.
Dan. Ord. Danish Ordinances.
Dan. Rep. Daniell's Reports.
Dan.& Ll. Danson & Lloyd's Reports.
Dana's R. Dana's Reports.
Dane's Ab. Dane's Abridgment of American Law.
Dav. Davies' Reports.
Dav. on Pat. Davies' Collection of Cases respecting patents.
Daw. Land. Pr. Dawe's Epitome of the Law of Landed Property.
Daw. Real  Pr. Dawe's Introduction to the Knowledge of the Law on
Real Estates.
Daw. on  Arr. Dawe's  Commentaries on  the Law of Arrest in Civil
Daws. Or. Leg. Dawson's Origo Legum.
Deac.  R.  Deacon's  Reports.  Deac.&  Chit.  Deacon  &  Chitty's
Deb. on Jud. Debates on the Judiciary.
Dec. temp.  H.& M. Decisions in Admiralty duringthe time of Hay &
Deft. Defendant.
De Gex & SM. R. De Gex & Smale's Reports.
Den. Cr. Cas. Denison's Crown Cases.

         Bouvier's Law Dictionary : A1 : Page 26 of 118

Den. Rep. Denio's New York Reports.Desaus. R. Desaussure's Chancery
Dev. R. Devereux's Reports.
Dev. Ch. R. Devereux's Chancery Reports.
Dev.& Bat. Devereux & Battle's Reports.
Di. or Dy. Dyer's Reports.
Dial. de Scac. Dialogus de Scaccario.
Dick. Just. Dickinson's Justice.
Dick. Pr.  Dickinson's Practice  of  the  Quarter  of  and  other
Dick. Dicken's Reports.
Dict. Dictionary.
Dict. Dr. Can. Dictionnaire de Driot Canonique.
Dict. de' Jur. Dictionnaire de Jurisprudence.
Dig. Digest  of writs.  Dig. The  Pandects or Digest of the Civil
Law, cited as
  Dig. 1,2,5,6, for Digest, book 1, 2, law 5, sections 6.
Disn. on Gam. Disney's Law of Gaming.
Doct. & Stud. Doctor and Student.
Doct. Pl. Doctrina Placitandi.
Doder. Eng. Law. Doderidge's English Lawyer.
Dods. R. Dodson's Reports.
Dom. Domat, Lois Civilles.
Dom. Proc. Domo Procerum. In the House of Lords.
Domat. Lois Civilles dans leur ordre naturel. Par M. Domat.
Dougl. Douglas' Reports.
Doug. El. Cas. Dougls' Election Cases.
Dougl. (Mich.) R. Dougls' Michigan Reports.
Dow. or Dow. P.C. Dow's Parliamentary Cases.
Dow &  Clarke, Dow  and Clarke's Reports of Cases in the House of
Dowl. P. C. Dowling's Practical Cases.
Dow.& R. N. P. Dowling and Ryan's Nisi Prius Cases.
Dow.& Ry. M.C. Dowling & Ryan's Cases for Magistrates.
Dow.& Ry. Dowling and Ryland's Reports.
Dr.& St. Doctor and Student.
Drew. on Inj. Drewry on Injunctions.
Dru.& Wal. Drury and Walsh's Reports.
Dru.& War. Drury & Warren's Reports.
Dub. Dubitatur.
Dudl. R. Dudley's Law and Equity Reports.
Dug. S. or Dugd. Sum. Dugdale's Summons.
Dugd. Orig. Dugdale's Origines.
Dug. Sum.  Dugdale's Summonses
Duke. or Duke's Ch. Uses. Duke's Law of Charitable Uses.
Dunl. Pr. Dunlap's Practice.
Dunl. Admr. Pr. Dunlap's Admiralty Practice.
Duponc. on Jur. Duponceau on Jurisdictions.
Duponc. Const. Duponceau on the Constitution.
Dur. Dr. FR. Duranton, Droit Francais.
Durnf.& East.  Durnford &  East's Reports,  also cited  D.& E. or
Duv. Dr.  Civ. Fr.  Duvergier, Droit  Civil Francais.  This is  a
continuation of Touiller's Droit Civil Francais. Teh first volume
of Duvergier  is the  sixteenth volume  of the  continuation. The
work is  sometimes cited  16 Toull.  or 16  Toullier, instead  of
being cited 1 Duv. or 1 Duvergier, etc.

         Bouvier's Law Dictionary : A1 : Page 27 of 118

Dwar. on Stat. Dwarris on Statutes.Dy. Dyer's Reports.
E. Easter Term.
E. Edward;  as 9 E. 3, c. 9.
E. of Cov. Earl of Coventry's Case.
E.C.L.R. English  Common Law  Reports, sometimes  cited Eng. Com.
Law REp. (q.v.)
E.g., usually  written e.g.,  exempli gratia;  for the sake of an
instance or example.
E.P.C. or East, P.C. East's Pleas of the Crown.
East, P.C. East's Pleas of the Crown.
Eccl. Ecclesiastical.
Eccl. Law. Ecclesiastical Law.
Eccl. Rep. Ecclesiastical Reports. Vide Eng. Eccl. Rep.
Ed. or Edit. Edition.
Ed. Edward;  as, 3 Ed. 1, c. 9.
Ed. Inj. Eden on Injunction.
Ed. Eq. Reps. Eden's Equity Reports.
Ed. Prin. Pen. Law. Eden's Principles of Penal Law.
Edm. Exch. Pr. Edmund's Exchequer Practice.
Edw. Ad. Rep. Edward's Admiralty Reports.
Edw. Lead. Dec. Edward's Leading Decisions.
Edw. on Part. Edward's on Parties to Bills in Chancery.
Edw. on Rec. Edwards on Receivers in Chancery.
Eliz. Elizabeth;  as, 13 Eliz. c. 15.
Ellis on  D. and  Cr. Ellis  on the  Law relating  to Debtor  and
Elm on Dil. Elmes on Ecclesiastical and Civil Dilapidations.
Elsyn on Parl. Elsynge on Parliaments.
Encycl. Encycloaedia, or Encyclopedie.
Eng. English.
Eng. Ch. R. English Chancery Reports. Vide Cond. Ch. R. (See App.
Eng. Com. Law Rep. English Common Law Reports.
Eng. Ecc. R. English Ecclisiastical Reports.
Eng. Plead. English Pleader.
Engl. Rep. English's Arkansas Reports.
Eod. Eodem, under the same title.
Eod. tit. In the same title.
Eq. Ca. Ab. Equity Cases Abridged.
Eq. Draft. Equity Draftsman.
Ersk. Inst. Erskin'e Institute of the Law of Scotland.
Ersk. Prin. of Laws of Scotl. Erskine's Principles of the Laws of
Esp. N.P. Espinasse's Nisi Prius.
Esp. N. P. R. Espinasse's Nisi Prius Reports.
Esp. on Ev. Espinasse on Evidence.
Esp. on Pen. Ev. Espinasse on Penal Evidence.
Esq. Esquire.
Et. al. Et alii, and others.
Eunom. Eunomus.
Ev. Col. Stat. Evan's Collection of Statutes.
Ev. on Pl. Evans on Pleading.
Ev. Tr. Evans' Trial.
Ex. or Exor. Executor.
Execx. Executrix.

         Bouvier's Law Dictionary : A1 : Page 28 of 118

Exch. Rep. Exchequer Reports. Vide Cond. Exch. REp.Exec. Execution.
  Exp. Expired.
Exton's Mar. Divaeo. Exton's Maritime Dicaeologie.
Extrav. Extravagants.
F. Finalis, the last or latter part.
F. Fitzherbert's Abridgment.
F.& F. Falconer & Fitzherbert's Reports.
F. R. Forum Romanum.
F.& S. Fox & Smith's Reports.
F. N. B. Fitzherbert's Natura Brevium.
Fairf. R. Fairfield's Reports.
Fac. Coll.  Faculty Collection;   the  name of  a set  of  Scotch
Falc. & Fitzh. Falconer & Fitzherbert's Election Cases.
Far. Farresly, (7 Mod. REp.) is sometimes so cited.
Farr's Med. Jur. Farr's Elements of Medical Jurisprudence.
Fearn. on Rem. Fearne on Remainders.
Fell. on Mer. Guar. Fell on Mercantile Guaranties.
Ferg. on M.& D. Ferfusson on Marriage and Divorce.
Ferg.  R.  Fergusson's  Reports  of  the  Consistorial  Court  of
Ff. or  ff. Pandects  of Justinian: a careless way of writing the
Greek p.
Ferr. Hist. Civ. L. Ferriere's History of the Civil Law.
Ferr. Mod.  Ferriere Moderne,  on Nouveau Dictionnaire des Termes
de Droit et de Pratique.
Fess. on Pat. Fessenden on Patents.
Fi. fa. Fieri Facias.
Field's Com. Law. Field on the Common Law of England.
Dielf. on Penl Laws. Fielding on Penal Laws.
Finch. Finch's Law;  or a Discourse thereof, in five books.
Finch's Pr. Finch's Precedents in Chancery.
Finl. L. C. Finlayson's Leading Cases on Pleading.
Fish. Capyh. Fisher on Copyholds.
]Fitz. C. Fitzgibbon's Cases.
Fitzh. Fitzherbert's Abridgment
Fitzh. Nat. Bre. Fitzherbert's Natura Brevium.
Fl. or  Fleta. A  Commentary on  the English  Law, written  by an
anonymous author,  in the  time of Edward I., while a prisoner in
the Fleet.
Fletch. on Trusts. Fletcher on the Estates of Trustees.
Floy. Proct. Pr. Floyer's Proctor's Practice.
Fol. Foley's Poor Laws.
Fol. Folio.
Fonb. Fonblanque on Equity.
Fonb. Med. Jur. Fonblanque on Medical Jurisprudence.
Forr. Forrester's  Cases during the time of Lord Talbot, commonly
cited Cas. Temp. Talb.
For. Pla. Brown's Formulae Placitandi.
Forb. on Bills. Forbes on Bills of Exchange.
Forb. Inst. Forbes' Institutes of the Law of Scotland.
Forr. Exch. Rep. Forrest's Exchequer Reports.
Fors. on  Comp. Forsyth  on the  Law relating to Composition with
Fortesc. Fortescue, De Laudibus Legum Angliae.

         Bouvier's Law Dictionary : A1 : Page 29 of 118

Fortesc. R. Fortescue's Reports, temp. Wm. and Anne.Fost. or Fost.
  C.L. Foster's Crown Law.
Fox.& Sm. Fox & Smith's Reports.
Fr. Fragmentum.
Fra. or Fra. Max. Francis' Maxims.
Fr. Ord. French Ordinance. Sometimes cited Ord. de la Mar.
Fras. Elect. Cas. Fraser's Election Cases.
Fred. Co. Frederician Code.
Freem. Freeman's Reports.
Freem. C. C. Freeman's Cases in Chancery.
Freem. (Mis.)  R. Freeman's  Reports  of  Cases  decided  by  the
Superior Court of Chancery of Mississippi.
G. George;  as, 13 G. 1, c. 29.
G. & J. Glyn & Jameson's Reports.
G. & J. Gill & Johnson's Reports.
G. M. Dudl. Repo. G. M. Dudley's Reports.
Gale & Dav. Gale & Davidson's Reports.
Gale's Stat. Gale's Statutes of Illinois.
Gall. or Gall. Rep. Gallison's Reports.
Garde on  Ev. Garde's Practical Treatise onthe General Principles
and Elementary Rules of the Law of Evidence.
Geo. George;  as, 13 Geo. 1, c. 29.
Geo. Dec. Georgia Decisions.
Geo. Lib. George on the Offence of Libel.
Gib. on D.& N. Gibbons on the Law of Dilapidations and Nuisances.
Gibs. Codex. Gibson's Codex Juris Civilis.
Gilb. R. Gilbert's Reports.
Gilb. Ev. Gilbert's Evidence.
Gilb. U. & T. Gilbert on Uses and Trusts.
Gilb. Ten. Gilbert on Tenures.
Gilb. on Rents. Gilbert on Rents.
Gilb. on Rep. Gilbert on Replevin.
Gilb. Ex. Gilbert on Executions.
Gilb. Exch. Gilbert's Exchequer.
Gilb. For. Rom. Gilbert's Forum Romanum.
Gilb. K. B. Gilbert's King's Bench.
Gilb. Rem. Gilbert on REmainders.
Gilb. on Dev. Gilbert on Devises.
Gilb. Lex. praet. Gilbert's Lex Praetoria.
Gill & John. Gill & Johnson's Reports.
Gill's R. Gill's Reports.
Gilm. R. Gilmer's Reports.
Gilp. R. Gilpin's Circuit Court Reports.
Gl. Glossa, the Gloss.
Glanv. Glanville's Treatise of the Laws and Customs of England.
Glassff. Ev. Glassford on Evidence.
Glov. Mun.  Corp. Glover  on Municipal  Corporations, or Glov. on
Corp. Glover on the Law of Municipal Corporations.
Glyn. & Jam. Glyn & Jameson's Reports of Cases in Bankruptcy.
Godb. Godbolt's Reports.
Godolph. Ad. Jr. Godolphin's View of the Admiralty Jurisdiction.
Godolph. Rep. Can. Godolphin's Repertorium Canonicum.
Godolph. Godolphin's Orphan's Legacy.
Gods. on Pat. Godson'sTReatise ont he Law of Patents.

         Bouvier's Law Dictionary : A1 : Page 30 of 118

Goldesh. Goldeshorought's Reports.Golds. Goldshorough's Reports.
Gord. on Dec. Gordon on the Law of Decedents in Pennsylvania.
Gould on  Pl. Gould  on  the  Principles  of  Pleading  in  Civil
Gow on Part. Gow on Partnership.
Grah. Pr. Graham's Practice.
Grah. N.T. Graham on New Trials.
Grand. Cout. Grand Coutumier de Normandie, (q.v.)
Grady on Fixt. Grady on the law of Fixtures.
Grant on New. Tr. Grant on New Trials.
Grant's Ch. Pr. Grant's Chancery Practice.
Gratt. R. Grattan's Virginia Reports.
Green's B.L. Green's Bankrupt Laws.
Green's R. Green's Reports.
Greenl. on Ev. Greenleaf's Treatise on the Law of Evidence.
Greenl. Ov. Cas. Greenleaf's Overruled Cases.
Greenl. R. Greenleaf's Reports.
Greenw on Courts. Greenwood on Courts.
Gres. Eq. Ev. Gresley's Equity Evidence.
Grif. REg. Griffith's Law Register.
Grimk. on Ex. Grimke on the Duty of Executors and Administrators.
Grisw. Rep. Griswold's Reports.
Grot. Grotius de Jure Belli.
Gude's Pr. Gude's Practice on the Crown side of King's Bench, &c.
Gwill. Gwillim's Tithe Cases.
H. Henry;  as, 18 H. 7, c. 15.
H. Hilary Term.
H.A. Hoc Anno
H.v. commonly written in small letters h.v. hoc verbo.
H. of L. House of Lords.
H. of R. House of Representatives.
H.& B. Hudson & Brooke's Reports.
H.& G. Harris & Gill's Reports.
H.& J. Harris & Johnson's Reports.
H. Bl. Henry Blackston'es Reports.
H. H. C. L. Hale's History ofthe Common Law.
H.& M. Henning and munford's Reports.
H.& M'H. or Harr. & M'Hen. Harris & M'Henry's Reports.
Hab. fa. seis. Habere facias seisinam.
H. P. C. Hales' Pleas of the Crown.
H.t. usually put in small letters, h.t. hoc titulo.
Hab. Corp. Habeas Corpus.
Hab. fa. pos. Habere facias possessionem.
Hagg. Ad. R. Haggard's Admiralty Reports.
Hagg. Ecc. R. Haggard's Ecclesiastical Reports.
Hagg. C. R. Haggard's REports in the Consistory Court of London.
Hale, P.C. Hale's Pleas of the Crown.
Hale's Sum. Hale's Summary of Pleas.
Hale's Jur. J. L. Hale's Jursidiction of the House of Lords.
Hale's Hist. C.L. Hale's History of the Common Law.
Halif. Civ. Law. Halifax's Analysis ofthe Civil Law.
Hall's R.  Hall's Reports  of Cases decided in the Superior Court
of the city of New York.
Halk. dig.  Halkerton's digest of the Law of Scotland relating ot

         Bouvier's Law Dictionary : A1 : Page 31 of 118

Hall's Adm. Pr. Hall's Admiralty Practice.Halst. R. Halstead's
Hamm. N. P. Hammond's Nisi Prius.
Ham. R. Hammond's (Ohio) Reports.
Hamm. on Part. Hammond on Parties to Actions.
Hamm. Pl. Hammond's Analysis of the Principles of Pleading.
Hamm. on F. II. Hammond on Fire Insurance.
Han. Hansard's Entries.
Hand's ch. Pr. Hand's Chancery Practice.
Hand on Fines. Hand on Fines and Recoveries.
hand's Cr. Pr. hand's Corwn Practice.
hand  on  Pat.  hand  on  Patents.  Hans.  Parl.  Bed.  hansard's
Parliamentary Debates.
hard. Hardress' Reports.
Hardin's R. Hardin's Reports.
Hare R. Hare's Reports.
Hare &  Wall. Sel.  Dec. Hare  & Wallace's  Select  Decisions  of
American Cases, with Notes.
Hare on  Disc. Hare  on the  Discovery of  Evidence by  Bill  and
Answer in Equity.
Harg. Coll. Hargrave's Juridical Arguments and collection.
Harg. St. Tr. Hargrave's State Trials.
Harg. Exer. Hargrave's Exercitations.
Harg. Law Tr. Hargrave's Law Tracts.
Harp. L. R. Harper's Law Reports.
Harp. Eq. R. Harper's Equity Reports.
Harr. Ch. Harrison's Chancery Practice.
Harr. Cond.  Lo. R.  Harrison's  condensed  Report  of  Cases  in
   Superior Court  of  the  Territory  of  Orleans,  and  in  the
   Supreme  Court  of Louisiana.
Harr. Dig. Harrison's Digest.
harr. Ent. Harris' Entries.
Harr. (Mich.)  R. harrington's  Reports of  Cases in  the Supreme
Court of Michigan.
Harr. & Gill. Harris & Gill's Reports.
harr. & John. Harris & Johnso's Reports.
Harr. & M'H. Harris & M'Henry's Reports.
Harringt. R. Harrington's Reports.
Hasl. Med. Jur. Haslam's Medical Jurisprudence.
Hawk. P.C. Hawkins' Pleas of the Crown.
Hawk's R. Hawk's Reports.
Hay on  Est. An  Elementary View  of  the  Common  Law  of  uses,
Devises, and Trusts,
   with reference  to the  Creation and Conveyance of Estates, by
William Hayes.
Hay. on Lim. Hayes on Limitations.
Hay. Exch. R. Hayes' Exchequer Reports.
Hays on R. P. Hays on REal Property.
Heath's Max. Heath's Maxim's.
Hein.  Elem.  Juris.  civ.  Heineccii,  Elementa  juris  Civilis,
secundum ordinem Institutionum.
Hein. Elem.  Juris. Nat.  Heineccii, Elementa  juris  Naturae  et
Hen on For. Law. Henry on Foreign Law.

         Bouvier's Law Dictionary : A1 : Page 32 of 118

Hen. J. P. Henning's Virginia Justice of the Peace.hen. & Munf.
  Henning & Munford's Reports.
Herne's Ch. Uses. Herne's law of Charitable Uses.
Herne's Plead. Herne's Pleader.
het. Hetley's Reports.
Heyw. on El. Heywood on Elections.
Heyw. *N.C.) R. Heywood's North Carolina Reports.
Heyw. (Tenn.) R. Heywood's Tennessee Reports.
High. Highmore.
High on Bail. Highmore on Bail.
High. on Lun. Highmore on Lunacy.
High. on Mortm. Highmore on ortmain.
Hill. Ab. Hilliard's Abridgment of the Law of Real Property.
Hill's R. Hill's Reports.
Hill's Ch. R. Hill's Chancery Reports.
Hill on  Trust. A  Practical Treatise  on  the  Law  relating  to
Trustees, &c.
Hind's Pr. Hind's Practice.
Hob. Hobart's Reports.
Hodg. R. Hodge's Reports.
Hodges on Railw. Hodges on the Law of Railways.
Hoffm. Outl. Hoffman's Outlines of Legal Studies.
Hoffm. Leg. St. Hoffman's Legal Studies.
Hoffm. Ch. Pr. Hoffman's Chancery Practice.
Hoffm. Mas. Ch. Hoffman's master in Chancery.
Hoffm. R. Hoffman's Reports.
Hog. R. Hogan's Reports.
Hog. St. Tr. Hogan's State Trials.
Holt on Lib. Holt on the Law of Libels.
Holt on Nav. Holt on Navigation.
Holt. R. Holt's Reports.
Holt on Sh. Holt on the Law of Shipping.
Hopk. R. Hopkins' Chancery Reports.
Hopk. Adm. Dec. Hopkinson's Admiralty Decisions.
Houard's Ang.  Sax. Laws.  Houard's Anglo  Saxon laws and Ancient
Laws of the French.
Houard's dict. Houard's Dictionary of the Customs of normandy.
Hough C. M. Hough on Courts Martial.
Hov. Fr. Hovenden on Frauds.
Hov. Supp. Hovenden's Supplement to Vesey Junior's Reports.
How. St. Tr. Howell's State Trials.
Howe's Pr.  Howe's Practice  in Civil  Actions and Proceedings at
Law in Massachusetts.
How. Pr. R. Howard's Practice Reports.
Hub. on Suc. Hubback on Successions.
Huds. & Bro. Hudson & Brooke's Reports.
Hugh. Ab. Hughes' Abridgment.
Hugh. Entr. Hughes' Entries.
Hugh. on Wills. Hughes on Wills.
Hugh. R. Hughes' Reports.
Hugh. Or. Writs. Hughes' Comments upon Original Writs.
Hugh. Ins. Hughes on Insurance.
Hugh.  on   Wills.  Hughes'   Practical  Directions   for  Taking
   Instructions for Drawing Wills.

         Bouvier's Law Dictionary : A1 : Page 33 of 118

Hull. on Costs. Hullock on the Law of Costs.Hult. on Conv. Hulton
  on Convictions.
Humph. R. Humphrey's Reports.
Hume's com. Hume's Commentaries on the Criminal Law of Scotland.
Hut. Hutton's Reports.
I. The  Institutes of  Justinian (q.v.) are sometimes cited, I.1,
3, 4.
I. Infra, beneath or below.
Ib. Ibidem.
Ictus. Jurisconsultus.  This abbreviation is usually written with
an I, though
   it would be more proper to write it with a J, the first letter
of the word
  Jurisconsultus;  c is the initial letter of the third syllable,
and tus is the end of the word.
Id. Idem.
Il Cons.  del Mar. Il Consolato del Mare. See Consolato del Mare,
in the body of the work.
Imp. Pr. C. P. Impey's Practice in the common Pleas.
Imp. Pr. K. B. Impey's Practice in the King's Bench.
Imp. Pl. Impey's Modern Pleader.
Imp. Sh. Impey's Office of Sheriff.
In f. In fine, at the end of the title, law, or paragraph quoted.
In pr.  In principio,  in the  beginning  and  before  the  first
   paragraph of a law.
In princ. In principio. In the beginning .
In sum. Insumma, in the summary.
Ind. Index.
Inf. Infra, beneath or below.
Ing. Dig. Ingersoll's Digest of the laws of the United States.
Ing. Roc. Ingersoll's Roccus.
Ingr. on Insolv. Ingraham on Insolvency.
Inj. Injunction.
 Ins. Insurance.
Inst. Coke  on Littleton, is cited Co. Lit. or 1 Inst., for First
   Coke's magna  Charta, is cited Co. M.C. or 2 Inst., for Second
   Co. P.  C. Coke's  Pleas of  the Crown,  is cited 3 Inst., for
Third Institute.
   Co. on  Courts. Coke  on Courts,  is cited 4 Inst., for Fourth
Inst. Institutes. When the Institutes of Justinian are cited, the
citation is
   made thus;  Inst. 4, 2, 1;  or Inst. lib. 4, tit. 2, l. 1;  to
signify In
   stutues, book  4, tit.  2, law 1. Coke's Institutes are cited,
the first, ei-
   ther Col Lit. or 1 Inst., and the others 2 Inst., 3 Inst., and
4 Inst.
Inst. Cl. or Inst. Cler. Instructor Clericalis.
Inst. Jur. Angl. Institutiones Juris Anglicani, by Doctor Cowell.
Introd. Introduction.
Ir. Eq. R. Irish Equity Reports.
Ir. T.  R. Irish Term Reports. Sometimes cited Ridg. Irish. T. R.

         Bouvier's Law Dictionary : A1 : Page 34 of 118

(q.v.) J. Justice.
J. institutes of Justinian.
J. C. Juris Consultus.
J. C. P. Justice ofthe common Pleas.
J. Glo. Juncta Glossa, the Gloss joined to the text quoted.
J. J. Justices.
J. J. Marsh. J.J. Marsha''s (Kentucky) Reports.
J. K. B. Justice of the King's Bench.
J. P. Justice of the Peace.
J. Q. B. Justice ofthe Queen's Bench.
J. U. B.  Justice  of the Upper Bench. During the Commonwealth of
the English Court ofthe King's Bench was called the Upper Bench.
Jac. Jacobus, James;  as, 4 Jac. 1, c. 1.
Jac. Introd.  Jacob's Introduction  to the Comm, Civil, and Canon
Jac. L. D. Jacob's law Dictionary.
jac. L. G. Jacob's law Grammar.
Jac.  Lex.   Mer.  jacob's  Lex  Mercatoria,  or  the  Merchant's
Jac. R. Jacob's Chancery Reports.
Jac. & Walk. Jacob & Walker's Chancery Reports.
Jack. Pl. Jackson on Pleading.
Jarm. on Wills. Jarman on the Law of Wills.
Jarm. Pow. Dev. Powell on Devises, with Notes by Jarman.
Jebb's Ir. Cr. Cas. Jebb's Irish Criminal Cases.
Jeff. Man. Jefferson's Manual.
Jeff. R. Thomas Jefferson's Reports.
Jenk. Jenkins'  Eight Centuries  of Reports;   or  Eight  Hundred
Cases solemnly
  adjudged in the Exchequer Chamber, or upon Writs of Error, from
K. Henry III, to 21 K. James I.
Jer. Jeremy.
Jer. on Carr. Jeremy's Law of Carriers.
Jer. Eq. Jur. Jeremy on the Equity Jurisdiction of the High Court
of Chancery.
Jer. on Cor. Jervis on Coroners.
John. Cas. Johnson's Cases.
John. R. Johnson's Reports.
John. Ch. R. Johnson's Chancery Reports.
John. Eccl. Law. Johnson's Ecclesiastical Law.
Johns. Civ. L. of Sp. Johnson's Civil Law of Spain.
Johns. on  Bills. The Law of Bills of Exchange, Promissory Notes,
Checks, & c., by Cuthbert W. Johnson.
Jon. Sir Wm. Jones' Reports.
Jon. & Car. Jones and Carey's Reports.
Jon. on Lib. Jones, De Libellis Famosis, or the Law of Libels.
Jon. Inst. HInd. L. Jones' Institutes of Hindoo Laws.
Jon. (1) Sir W. Jones' Reports.
Jon. (2) Sir T. Jones' Reports.
Jon. T. Thomas Jones' REports.
Jon. oon Bailm Lones' Law of Bailments.
Jones' Intr. Jones' Introduction to Legal Science.
Joy on Ev. Acc. Joy on the Evidence of Accomplices.

         Bouvier's Law Dictionary : A1 : Page 35 of 118

Joy on Chal. Joy on Challenge to Jurors.Joy Leg. Ed. Joy on Legal
Jud. Chr. Judicial Chronicle.
Jud. Repos. Judicial Repository.
Judg. Judgments.
Jr. Eccl. Jura Ecclesiastica, or a Treatise of the Ecclesiastical
Law and Courts, interspersed with various cases of Law and Equity.
Jr. Mar. Molloy's Jure Maritimo. Sometimes cited Molloy.
Jus. Nav. Thod. Jus Navale Thodiorum.
Just. Inst. Justinian's Institutes.
K. B. King's Bench.
K. C. R. Reports in the time of Chancellor King.
K.& O. Knapp & Omber's Election Cases.
Kames on Eq. Kames' Principles of Equity.
Kames' Ess. Kames' Essays.
Kames' Hist. L. T. Kames' HIstorical Law Tracts.
Keat. Fam. Settl. Keating on Family Settlements.
Keb. Keble's Reports.
Keb. Stat. Keble's English Statutes.
Keen's R. Keen's Reports.
Keil or Keilw. Keilways' Reports.
Kel. Sir John Kelyng's Reports.
Kel. 1,2, or W. Kel. William Kelyng's Reports, two parts.
Kelh. Norm L. D. Kelham's Norman French Law Dictionary.
Kell. R. Kelly's Reports.
Ken. on Jur. Kennedy on Juries.
Kent. Com. Kent's Commentaries on American Law.
Keny. Kenyon's Reports of the Court of King's Bench.
Kit. or Kitch. Kitchen on Courts.
Kna.& Omb. Knapp & Omber's Election Cases.
Knapp's A. C. Knapp's Appeal Cases.
Knapp's R. Knapp's Privy Council Reports.
Kyd on Aw. Kyd on the Law of Awards.
Kyd on Bills. Kyd on the Law relating to Bills of Exchange.
Kyd on Corp. Kyd on the Law of Corporations.
L, in citation means law, as L. 1, 33. Furtum, ff de Furtis, i.e.
law 1,  section or paragraph beginning with the word Furtum;  ff,
signifies the  Digest, and  the words de Furtis denote the title.
L. signifies also liber, book.
L.& G. Lloyd's & Goold's Reports.
L.& W. Lloyd & welshy's Mercantile Cases.
LL. Laws,  as LL.  Gul. 1,  c. 42. Laws of William I. chapter 42;
LL. of U.S., Laws of the United States.
L.S. Locus sigili.
L.R. Louisiana Reports.
La. Lane's REports.
Lalaure, des Ser. Traite des Servitudes reelles, par M. laalaure.
Lamb. Archai. Lambard's Archaionomia.
Lamb. Eiren. Lambard's Eirenarcha.
Lamb. on Dow. Lambert on Dower.
Lat. Latch's Reprts.
Laus. on Eq. laussat's Essay on Equity Practice in Pennsylvania.
Law. on Chart. part. Lawes on the Law of Charter Parties.
Law. Lib. Law Library.
Law Rep. Law Reporter.

         Bouvier's Law Dictionary : A1 : Page 36 of 118

Laws Eccl. Law. Laws' Ecclesiastical Law.Law Intel. Law Intelligencer.
Law Fr. & latin Dict. Law French and Latin Dictionary.
Law. Pl. lawes' Elementary Treatise on Pleading in Civil Actions.
Law. Pl. in Ass. Lawes' Treatise on Pleading in Assumpsit.
Laws of Wom. Laws of Women.
Lawy. Mag. lawyer's magazine.
Le. Ley's Reports.
Leach. Leach's Cases in Crown Law.
Lec. Elm. Lecons Elementaire du Driot Civil Romain.
Lee Abst.  Tit. Lee on the Evidence of Abstracts of Title to REal
Lee on Capt. Lee's Treatise of Captures in War.
Lee's Dict. Lee's Dictionary of Practice.
Lee's Eccl. R. Lee's Ecclesiastical Reports.
Leg. Bibl. Legal Bibliography, by J.G. Marvin.
Leg. Legibus.
Leg. Obs. Legal Observer.
Leb. Oler. The Laws of Oleron.
Leg. on Outl. Legge on Outlawry.
Leg. Rhod. The Laws of Thodes.
Leg. ult. The Last Law.
Leg. Wish. Lawas of Wishury.
Leigh & Dal. on Conv. Leigh & Dalzell on Conversion of Property.
Leigh's R. Leigh's Reports.
Leigh's N.P. Leigh's Nisi Prius.
Leo. or Leon. Leonard's Reports.
Lev. Levinz' Reports.
Lev. Ent. Levinz's Entries.
Lew. C. C. Lewin's Crown Cases.
Lew. Cr.  Law. An  Abridgment of  the Criminal  Law of the United
States, by Ellis Lewis.
Lew. on Tr. Lewin on Trusts.
Lew. on Perp. Lewin on the Law of Perpetuities.
Lex Man. Lex maneriorum.
Lex Mer. Lex Mercatoria.
Lex Mer. Am. Lex Mercatoria Americana.
Lex Parl. Lex Parliamentaria.
Ley. Ley's Reports.
Lib. Liber, book.
Libb. Ass. Liber Assisarum.
Lib. Ent. Old Book of Entries.
Lib. Feud. Liber Feudorum.
Lib. Intr. Liber Intrationum;  or Old Book of Entries.
Lib. Nig. Liber Niger.
Lib. Pl. Liber Placitandi.
Lib. Reg. Register Books.
Lib. Rub. LIber Ruber.
Lib. Ten. Liberum Tenementum.
Lid. Jud.  Adv. Liddel's  Detail of  the Duties of a Deputy Judge
Lill. Entr. Lilly's Entries.
Lill. Reg. Lilly's Register.
Lill. Rep. Lilly's Reports.
Lill. Conv. Lilly's conveyancer.
Lind. Lindewooode's  Provinciale;  or Provincial Constitutions of

         Bouvier's Law Dictionary : A1 : Page 37 of 118

England, with  the Legantine Constitutions of Otho and Othobond.
Litt. s. Littleton, section.
Litt. R. Littell's Reports.
Litt. Rittleton's Reports.
Litt. Sel. Cas. Littell's Select Cases.
Litt. Ten. Littleton's Tenures.
Liv. Livre, book.
Liv. on Ag. Livermore on the Law of Principal and Agent.
Liv. Syst.  Livingston's System  of Penal  Law for  the State  of
Louisiana. This
   work is  sometimes cited  Libingston's Report on the Plan of a
Penal Code.
Liverm. Diss.  Livermore's dissertations  on the  Contrariety  of
Llo.& Go. Lloyd & Goold's Reports.
Llo.& Go.  t. Sudg.  Lloyd &  Goold's Reports, during the time of
Llo.& Go. t. Plunk. Lloud & Goold during the time of Plunkett.
Llo.& Welsh.  Lloyd &  Welshy's  Reports  of  Cases  relating  to
Commerce, Manufactures, &c., determined in the Courts of Common Law.
Loc. cit. Loco citato, the place cited.
Log. Comp.  Compendium of  the  Law  of  England,  Scotland,  and
Ancient Rome, by James Logan.
Lofft. Lofft's Reports.
Lois des Batim. Lois des Batimens.
Lom. Dig.  Lomax's Digest  of the  Law of  Real Property  in  the
United States.
Lom. Ex. Lomax on Executors.
Long. Quint. Year Book, part 10 Vide Year Book.
Louis Code. Civil Code of Louisiana.
Louis. R. Louisiana Reports.
Lovel. on Wills. Lovelass on Wills.
Lown. Leg. Lowndes on the Law of Legacies.
Lube, Pl.  Eq. An  Analysis of the Principles of Equity Pleading,
by D. G. Lube.
Luder's elec. Cas. Luder's Election Cases.
Luml. Ann. Lumley on Annuities.
Luml Parl. Pr. Lumley's Parliamentary Practice.
Luml on Settl. Lumley on Settlements and Removal.
Lut. Ent. Lutwyche's entries.
Lutw. Lutwyches' Reports.
M. Michaelmas Term.
M. Maxim, or Maxims.
M. Jary;  as 4 Mary st.3, c.1.
M.& A. Montagu & Ayrton's Reports of Cases of Bankruptcy.
M.& B. Montagu and bligh's Cases in Bankruptcy.
M.& C. Mylne & Craig's Reports.
M.& C. Montagu & Chittys' Reports.
M.& G. Manning & Granger's Reports.
M.& G. Maddock & Geldart's Reports.
M.G.& S. Manning, Granger & Scott's Reports.
M.& K. Mylne & Keen's chancery Reports.
M.& M. or Mo.& Malk. Rep. Moody & Malkin's Nisi Prius Reports.
M. P. Exch. Modern Practice Exchequer.
M.& P. Moore & Payne's Reports.

         Bouvier's Law Dictionary : A1 : Page 38 of 118

M.R. Master of the Rolls. 
M. R. Martin's Reports of the Supreme Court  of the  State  of 
M.& R. Manning & Ryland's Reports.
M.& S. Moore & Scott's Reports.
M.& S. Maule & Selwyn's Reports.
M.& Y. or Mart. & Yerg. Martin & Yerger's Reports.
M.& W. Meeson & Welshy's Reports.
M. D.& G. Montagu, Daecon & Gex's Reports of Cases in Bankruptcy.
M'Arth. C. M. M'Arthur on Courts Martial.
M'Cl & Yo. M'Clelland & Younge's Exchequer Reports.
M'Clel. E. R. M'Clelland's Exchequer Reports.
M'Cord's Ch. R.  M'Cord's Chancery Reports.
M'Cord's R. M'Cord's Reports
M'Kin. Phil. Ev. M'Kinnon's Philosophy of Evidence.
M'Naght. C. M. M'Naghton on Courts Martial.
McLean & Rob. McLean & Robinson's Reports.
M'Lean R. M'Lean's Reports.
Macn. on  Null. Macnamara  on Nullities nad Irregularities in the
Practice of the Law.
macnal. Ev. Macnally's Rules of Evidence on Pleas oft he Crown.
Macph. on Inf. Macpherson on Infants.
Macq. on H.& W. Macqueen on Hushand and Wife.
Mad. Exhc. Madox's History ofthe Exchequer.
Mad. Form. Madox's Formulare Anglicanum.
Madd.& Geld. Maddock's & Geldart's Reports.
Madd., Madd. R. Maddock's chancery REports.
Madd. Pr. or Madd. Ch. Maddock's Chancery Practice.
Mag. Ins. Magens on Insurance.
Mal. Malyne's Lex Mercatoria.
Man. Manuscript.
Man.& Gra. Manning & Granger's Reports.
man. Gr.& Sc. Manning, Granger & Scott's Reports.
Man.& Ry. Manning & Ryland's Reports.
Manb. on Fines. Manby on Fines.
Man. Comm. Manning's Commentaries of the Law of Nations.
Mann. Exch. Pr. Manning's Exchequer Practice.
mans. on Dem. Mansel on Demurrers.
Mans. on Lim. Mansel of the Law of Limitations.
Manw. Manwood's Forest Laws.
mar. Mritime.
mar. N.C. March's New Cases.
Mar. R. march's Reports.
Marg. margin.
Marr. Adm. Dec. Marriott's Admiralty Decisions.
Marr. Form.  Inst. marriott's  Formulare Instrumentorum;    or  a
Formulary of
   Authentic Instruments,  Writs, and Standing orders used in the
Court of Admiralty of Great Britain, of Prize and Instance.
Marsh. Marshall's Reports in the Court of Common Pleas. A. Marsh.
   (Kty.) Reports.  J. J. Marsh. J. J. Marshall's Reports. Marsh.
Ins. Marshall on the Law of Insurance.
Marsh.  Decis.   Brockenbrought's  Reports   of   Chief   JUstice

         Bouvier's Law Dictionary : A1 : Page 39 of 118

marshall's Decisions.Mart. law Nat. Martin's Law of Nations.
Mart. (N.C.) R. Martin's North Carolina Reports.
Mart. (Lo.) R. Martin's Louisiana Reports.
Marv. Leg. Bibl. Marvin's Legal Bibliography.
Mart.& Yerg. Martin & Yerger's Reports.
Mart. N. S. Martin's Louisiana Reports, new series.
Sason R. mason's circuit Court Reports.
Mass. R. Massachusetts Reports.
Math.  on  Pres.  Mathew  on  the  Doctrine  of  Presumption  and
Presumptive Evidence.
Matth. on Prt. Matthews on Portion.
Matth. on Ex. Matthews on Executors.
maugh. Lit. Pr. Maughan on Literary Property.
Maule & Selw. Maule & Selwyn's Reports.
Max. Maxims.
Maxw. L. D. Maxwell's Dictionary of the Law of Bills of Exchange,
& c.
Maxw. on Mar. L. Laxwell's Spirit of the Marine Laws.
Mayn. Maynard's  Reports. See Year Books in the body of the work.
The first part of the Y. B. is sometimes so cited.
Med. Jr. Medical Jurisprudence.
Mees. & Wels. Meeson & Welshy's Reports.
Meigs, R. Meigs' Tennessee Reports.
Mer. R. Merivale's Reports.
Merch. Dict. Merchant's Dictionary.
Merl. Quest. Merlin, Questions de Driot.
Merl. Repert. Merlin, Repertoire.
Merrif. Law of Att. Merrifield's Law of Attorneys.
Merrif. on Costs. Merrifield's Law of costs.
Metc. R. Metcalf's Reports.
Metc. &  Perk. Dig.  Digest of  the Decisions  of the  Courts  of
Common Law and
   Admiralty in the United States. By Theron Metcalf and Jonathan
C. Perkins.
Mich. Michaelmas.
Mich. Rev. St. Michigan Revised Statutes.
Miles' R. Miles' Reports.
Mill. Civ. Law. Miller's civil Law.
Mill. Ins.  Millar's Elements  of the Law relating to Insurances.
Sometimes this
  work is cited Mill. El.
Mill. on Eq. Mort. Miller on Equitable Mortgages.
Minor's Rep. Minor's Alabama Reports, sometimes cited Ala. Rep.
Mirch. onAdv. Mirehead on Advowsons.
Mirr. Mirroir des Justices.
Misso. R. Missourti Reports.
Mitf. Pl.  Mitford's Pleadings  in Equity. Also cited Redead. Pl.
Redesdale's Pleadings.
MO. Sir  Francis Moore's  Reports in the reign of K. Henry VIII.,
Q. Elizabeth, and K. James.
Mo.& Malk. Moody & Malkin's Reports.
Mo. C. C. Moody's Crown Cases.
Mo. Cas. Moody's Nisi Prius and Crown Cases.

         Bouvier's Law Dictionary : A1 : Page 40 of 118

Mod. or Mod. R. Modern Reports.Mod. Cas. Modern Cases.
Mod. C.  L.& E.  Modern Cases in Law and Equity. The 8 & 9 Modern
Reports are sometimes so cited;  the 8th cited as the 1st, and the
   9th as the 2d.
Mod. Entr. Modern entries.
Mod. Int. Modus Intrandi.
Mol. Molloy, De jure Miartimo.
Moll. R. Molloy's chancery Reports.
Monr. R. Monroe's Reports.
Mont. & Ayrt. Montagu & Ayrton's Reports.
Mont. B. C. Montagu's Bankrupt Cases.
Mont. & Bligh. Montagu & Bligh's Cases in Bankruptcy.
Mont. & Chit. Montagu & Chitty's Reports.
Mont. on Comp. Montagu on the Law of Composition.
Mont. B. L. Montagu on the Bankrupt Laws.
Mont. on Set-off. Montagu on Set-off.
Mont. Deac.  & Gex.  Montagu, Deacon  & Gex's Reports of Cases in
   argued and determined in the Court of Review, and on Appeals to
   the Lord Chancellor.
Mont. Dig. Montagu's digest of Pleadings in EQuity.
Mont. Eq. Pl. Montagu's Equity Pleading.
Mont. & Mac. Montagu & MacArthur's Reports.
Mont. Sp. of Laws. Montesquieu's Spirit of Laws.
Montesq. Montesquieu, Esprit des Lois.
Moo. & Malk. Moody & Malkin's Reports.
Moo. & Rob. Moody & Robinson's Reports.
Moore, R.  J. B. Moore's Reports of Cases decided in the Court of
Common Pleas.
Moore's A. C. Moore's Appeal Cases.
Moore & Payne. Moore & Payne's Reports of Cases in C. P.
Moore & Scott. Moore & Scott's Reports of Cases in C. P.
Mort. on Vend. Morton's law of Vendors and Purchasers of Chattels
Mos. Mosely's Reports.
MSS> Manuscripts;  as, Lord Colchester's MSS>
Much. D.& S. Muchall's Doctor and Student.
Mun. Municipal.
Munf. R. Munford's Reports.
Murph. R. Murphy's Reports.
My. & Keen. Mylne & Keen's Chancery Reports.
Myl.& Cr. Mylne & Craig's Reports.
N. Number.
N. or Nov. Novellae: the Novels.
N. A. Non allocatur.
N. B. Nulla bona.
N. Benl. New Benloe.
N. C. Cas. North Carolina Cases.
N. C. Law Rep. North Carolina Law Repository.
N. C.  Term R.  North  Carolina  Term  Reports.  This  volume  is
   sometimes cited 2 Tayl.
N. Chipm. R. N. Chipman's Reports.
N. E. I. Non est Inventus.
N. H. Rep. New Hampshire Reports.

         Bouvier's Law Dictionary : A1 : Page 41 of 118

N. H. & G. Nicholl, Hare & Garrow's Reports.N. L. Nelson's editon
   of Lutwyche's Reports.
N. L. Non liquet. Vide Ampliation.
N.& M. Neville & Manning's Repors.
N.& P. Neville & Perry's Reports.
N. P. Nisi Prius.
N.& M'C. Nott & M'Cord's Reports.
N. R.  or New  R. New  Reports;   the new series, or 4 & 5 Bos. &
Pull. Reports, are usually cited N. R.
N. S.  New  Series  of  the  Reports  of  the  Supreme  Court  of
N. Y. R. S. New York Revised Statutes.
Nar. Conv. Nares on Convictions.
Neal's F.&  F. Neal's  Feasts and  Fasts;   an Essay on the Rise,
Progress and
   Present State  of the  Laws  relating  to  Sundays  and  other
Holidays, and other days of fasting.
Nels. Ab. Nelson's Abridgment.
Nels. Lex Maner. Nelson's Lex Maneriorum.
Nels. R. Nelson's Reports.
nem. con. Nemine contradicente, (q.v.)
Nem. Dis. nemine dissentiente.
Nev. & Mann. Neville & Manning's Reports.
nev. & Per. Neville & Perry's Reports.
New Benl.  Benloe's Reports. Reports in the Reign of Henry VIII.,
Edw. VI.,'
   Phil. and Mary, and Elizabeth, and other Cases in the times of
Charles. By
  William Benloe. See Benl.
New Rep.  new Reports.  A continuation  of Bosanquet  &  Puller's
  See B.& P.
Newf. Rep. Newfoundland Reports.
newl. Contr. Newland's Treatise on Contracts.
Newl. Ch. Pr. Newland's Chancery Practice.
Newn. Conv. Newnam on Conveyancing.
Ni. Pri. Nisi Pirus.
Nich. Adult. Bast. Nicholas on Adulterine Bastardy.
Nich. Har. & Gar. Nicholl, Hare & Garrow's Reports.
Nient Cul. Nient Culpable, old French, not guilty.
Nol. P. L. Nolan's Poor Laws.
Nol. R.  Nolan's Reports of Cases relative to the Duty and Office
   of Justice of the Peace.
Non Cul. Non culpabilis, not guilty.
North. Northington's Reports.
Nott.& M'cord. Nott & M'Cord's reports.
Nov. Novellae, the Novels.
Nov. REc. Novisimi Recopilacion de las Leyes de Espana.
Noy's Max. Nou's Maxims.
Noy's R. Noy's Reports.
O. Benl. Old Benloe.
O. Bridg. Orlando Bridgman's Reports.
O. C.  Old Code:  so is  denominated the Civil Code of Louisiana,
O.  N.   B.  Old   Natura  Brevium.  Vide  Vet.  N.  B.,  in  the

         Bouvier's Law Dictionary : A1 : Page 42 of 118

abbreviations, and "Old  Natura Brevium," in the body of the work.
O. Ni.  These letters,  which are  an abbreviation  for  overatur
   nisis habent sufficientem exonerationem,  are, according to the
   practice of the English Exchequer, marked  upon each  head of  
   a Sheriff's account for issues, amerciaments and mean profits. 
   4 Inst. 116.
Oblig.  Obligations.
Observ.  Observations.
Off.  Office.
Off. Br.  Officina Brevium.
Off. Ex.  Wentworth's Office of Executors.
Ohio R.  Ohio Reports.
Oldn.  Oldnall's Welsh Practice.
Onsl. N. P.  Onslow's Nisi Prius.
Ord. Anst.  Ordinance of Amsterdam.
Ord. Antw.  Ordinance of Antwerp.
Ord. Bilb.  Ordinance of Bilboa.
Ord. Ch.  Orders in Chancery.
Ord. Cla. Lord Clarendon's Orders.
Ord. Copenh. Ordinance of Copenhagen.
Ord. Cor. Orders of Court.
Ord. Flor. Ordinances of Florence.
Ord. Gen. Ordinance of Genoa.
Ord. Hamb. Ordinance of Hamburgh.
Ord. Konigs. Ordinance of Konigsherg.
Ord. Leg. Ordinances of Leghorn.
Ord. de la Mar. Ordonnance de la marine, de Louis XIV.
Ord. Prot. Ordinances of Portugal.
Ord. Prus. Ordinances of Prussia.
Ord. Rott. Ordinances of Rotterdam.
Ord. Swed. Ordinances of Sweden.
Ord. on Us. Ordinances on the Law of Usury.
Orfil. Med. Jur. Orfila's Medical Jurisprudence.
Orig. Original.
Oought. Oughton's Ordo Judiciorum.
Overt. R. Overton's Reports.
Ow. owen's Reports.
Owen, Bankr. Owen on Bankruptcy.
P. Page or part. Pp. Pages.
P. Pachalis, Easter term.
P.C. Pleas of the Crown.
P.& D. Perry & Davison's Reports.
P.& K. Perry & Knapp's Election Cases.
P.& M. PHilip and mary;  as, 1 & 2 P.& M. c. 4.
P.N>P. Peake's Nisi Prius.
P. P. Propria persona;  in his own person.
Pa. R. Pennsylvania Reports.
P. R. or P. R. C. P. Practical REgister in the Common Pleas.
P. Wms. Peere Williams' Reports.
Paige's R. Paige's Chancery Reports.
Paine's R. Paine's Reports.
Pal. Palmer's Reports.
Pal. AG. Paley on the Law of Principal and Agent.
Pal. Conv. Paley on Convictions.

         Bouvier's Law Dictionary : A1 : Page 43 of 118

Palm. Pr. Lords. Palmer's Practice in the House of Lords.Pand. 
  Pandects. Vide Dig.
Par. Paragraph;  as, 29 Eliz. cap. 5, par. 21.
Par.& Fonb. M. J. Paris & Fonblanque on Medical Jurisprudence.
Pardess. Pardessus,  Cours de  Driot  Commercial.  In  this  work
   Pardessus is cited in several ways, namely: Pardes. Dr. Com 
   Part 3, tit. 1, c. 2, s. 4, n. 286;  or 2 Pardes. n. 286, 
   which is the same reference.
Park on Dow. Park on Dower.
Park, Ins. Park on Insurance.
Park. R.  Sir Thomas  Parker's Reports  of Cases  concerning  the
   Revenue, in the Exchequer.
Park. on Ship. Parker on Shipping nad Insurance.
Parl. Hist. Parliamentary History.
Patch. on Mortg. Patch's Treatise on the Law of Mortgages.
Paul's Par. Off. Paul's Parish Officer.
Pay. Mun. Rights. Payne's Municipal Rights.
Peak. Add. Cas. Peake's Additional Cases.
Peak. C. N. P. Peake's Cases determined at Nisi Prius, and in the
K. B.
Peake, Ev. Peake on the Law of Evidence.
Peck. R. Peck's Reports.
Peck's Tr. Peck's Trial.
Peckw. E. C. Peckwell's Election Cases.
Penn. Bl. Pennsylvania Blackstone, by John Read, Esq.
Penn. law Jo. Pennsylvania Law JOurnal.
Penn. R.  Pennington's  Reports.  The  Pennsylvania  Reports  are
sometimes cited
   Penn. R.,  but more  properly, for  the sake  of  distinction,
Penna. R.
Penn. St. R. Pennsylvania State Reports.
Penna. Pr.  Pennsylvania Practice;   also  cited Tro. & Hal. Pr.,
Troubat & Haly's Practice.
Penna. R. Pennsylvania Reports.
Pennsylv. Pennsylvania Reports.
Penr. Anal. Penruddocke's Analysis ofthe Criminal Law.
Penult. The last but one.
Per.& Dav. Perry & Davison's Reports.
Per.& Knapp. Perry & Knapp's Election Cases.
Perk. Perkins on conveyancing.
Perk. Prof. B. Perkins' Profitable Book.
Perpip. on  Pat. Perpigna on Patents. The full title of this work
is, "The
     French  Law   and  Practice   of  Patents   for  Inventions,
Improvements, and
   Importations. by A. Perpigna, A.M.L.B., Barrister in the Royal
Court of
   Paris, Member  of the  Society for  the Encouragement of ARts,
&c." The work is
   well written  in the  English language. The author is a French
lawyer, and has
  written another work on the same subject in French.
Pet. Ab. Petersdorff's Abridgment.
Pet. Adm. Dec. Peters' Admiralty Decisions.

         Bouvier's Law Dictionary : A1 : Page 44 of 118

Pet. on  Bail, or Petersd. on Bail. Petersdorff on the Law of Bail.
Pet. R. Peters' Supreme Court Reports.
Pet. C. C. R. Peters' Circuit Court Reports.
Petting. on Jur. Pettingal on Juries.
Phil. Ev. Phillips' Evidence.
Phil. Ins. PHillips on Insurance.
Phil. St. Tr. Phillips' State Trials.
Phill. Civ.  and Can.  Laws. Phillimore on the Study of the Civil
and Canon
   Law, considered  in relation to the state, the church, and the
universities, and in connexion with the college of advocates.
Phill. on Dom. Phillimore on the Law of Domicil.
Phillim. or Phillim E. R. Phillimore' Ecclesiastical Reports.
Pick. R. Pickering's Reports.
Pig. Pigot on Recoveries.
Pike's Rep.  Reports of Cases argued and determined in the Supreme
   Court of Law and Equity  of the  State of  Arkansas.
   by Albert Pike.  These Reports are cited Ark. Rep.
Pitm. Prin. and Sur. Pitman on Principal and Surety.
Pl. Placitum or plea.
Pl. or Plow. or Pl. Com. Plowden's Commentaries, or Reports.
Plff. Plaintiff.
Platt on Cov. Platt on Law of Covenants.
Platt on Lea. Platt on Leases.
Pol. Pollexfen's Reports.
Poph. Popham's  Reports. The cases at the end of Pophams' Reports
   are cited 2 Poph.
Port. R. Porter's Reports.
Poth. Pothier.  The  numerous  works  of  Pothier  are  cited  by
abbreviating his
   name Poth.  and then  adding the  name of  the treatise;   the
figures generally
   refer to  the number,  as Poth.  Ob. n.  100, which  signifies
Pothier's Treatise
  on the Law of Obligations, number 100. Poth. du Mar. Pothier du
   Poth. Vente. Pothier Traite de Vente, & c. His Pandects, in 24
vols. are cited Poth. Pand. with the book, title, law, & c.
Pott's L. D. Pott's Law Dictionary.
Pow. Powell.
Pow. Contr. Powell on Contracts.
Pow. Dev. Powell on Devises.
Pow. Mortg. Powell on Mortgages.
Pow. Powers. Powell on Powers.
Poyn. on M. and D. Poynter on the Law of Marriage and Divorce.
Pr. Principio. In pr. In principio;  in the beginning.
Pr. Ex. Rep. or Price's E. R. Prices' Exchequer Reports.
Pr. Reg. Cha. Practical Register in Chancery.
Pr. St. Private Statute.
Pr. Stat. Private Statute.
Pract. Reg. C. P. Practical Register of the Common Pleas.

         Bouvier's Law Dictionary : A1 : Page 45 of 118

Pract. Reg. in Ch. Practical Register in Chancery.Prat. on H.& W.
   Prater on the Law of Hushand and Wife.
Pref. Preface.
Prel. Preliminaire.
Prest. Preston.
Prest. on Est. Preston on Estates.
Prest. Abs. Tit. Preston's Essay on Abstracts of Title.
Prest. on Conv. Preston's Treatise on Conveyancing.
Prest. on Leg. Preston on Legacies.
Pri. Price's Reports.
Price's Ex. Rep. Price's Exchequer Reports.
Price's Gen Pr. Price's General Practice.
Prin. Principium, the beginning of a title or law.
Prin. Dec. Printed Decisions.
Priv. Lond. Customs or Privileges of London.
Pro. L. Province Laws.
Pro quer. Pro querentum, for the plaintiff.
Proct. Pr. Proctor's Practice.
Puff. Puffendorff's law of nature.
Q. Quaestione, in such a Question.
Q. B. Queen's Bench.
Q. B. R. Queen's Bench Reports, by Adolphus & Ellis. New series.
Q.t. Qui tam.
Qu. Quere.
Q. Van Weyt. Q. Van Weytsen on Average.
Q. Warr.  Quo Warranto;   (q.v.)  The letters  (q.v.) quod  vide,
which see, refer to the article mentioned immediately before them.
Qu. Quaestione, in such a Question.
Quest. Questions.
Quinti Quinto. Year-book, 5 Henry V.
Quon. Attach. Quoniam Attachiamenta. See Dalr. F.L. 47.
R. Resolved, ruled, or repealed.
R. Richard;  as, 2 R. 2, c. 1.
Rich. Rep. Richardson's (S.C.) Reports.
RC. Rescriptum.
R.& M. Russell and Milne's Reports.
R.& M. C. C. Ryan and Moody's Crown Cases.
R.& M. N. P. Ryan & Moody's Nisi Prius Cases.
R.& R. Russell & Ryans' Criwn Cases.
R. M. Charlt. R. M. Charlton's Reports.
RS. Responsum.
R. S. L. Reading on Statute Law.
Ram on Judgm. Ram on the LAw relating to Legal Judgments
Rand. Perp. Randall on the Law of Perpetuities.
Rand. R. Randolph's Reports.
Rast. Rastall's Entries.
Rawle's R. Rawle's Reports.
Rawle, Const. Rawle on the Constitution.
Ray's Med. Jur. Ray's Medical Jurisprudence on Insanityh.
Raym. or,  more usually,  Ld. Raym.  lrod Raymond's  Reports.  T.
Raym. Sir Thomas Raymond's Reports.
Re. Fa. lo. Recordari facias loquelam. Vide Refalo in the body of
the work.
Rec. Recopilation.
Rec. Recorder;  as, City Hall Rec.

         Bouvier's Law Dictionary : A1 : Page 46 of 118

Redd. on  Mar. Com.  Reddie's  Historical  View  of  hte  Law  of
  Maritime Commerce.
Redesd. Pl.  Redesdale's Equity  Pleading. This  work is also and
must usually cited Mitf. Pl.
Reeves' H. E. L. Reeves' History of the English Law.
Reeves on Ship. Reeves on the Law of Shipping and Navigation.
Reeves on Des. Reeves on Descents.
Reg. Regula, rule.
Reg. Register.
Reg. Brev. Registrum Brevium, or Register of Writs.
Reg. Gen. Regulae Generales.
Reg. Jud. Registrum Judiciale.
Reg. Mag. Regiam Magestatem.
Reg. Pl. Regula Placitandi.
Renouard, des  Brev. d'Inv.  Traite des  Brevets d'Invention,  de
  et d'Importation, par Augustin Charles Renouard.
Rep. The  Reports of  Lord Coke  are frequently  cited 1  Rep., 2
Rep., &c. and sometimes they are cited Co.
Rep. Repertoire.
Rep. Eq. Gilbert's Reports in Equity.
Rep. Q. A. Reports of Cases during the time of Queen Anne.
Rep. T. Finch. Reports tempore Finch.
Rep. T. Hard. Reports during the time of Lord Hardwicke.
Rep. T. Holt. Reports tempore Holt.
Rep. T.  Talb. Reports  of Cases  decided during the time of Lord
Res. Resolution.  Teh  cases  reported  in  Coke's  Reports,  are
   divided into resolutions on the different points of the case, 
   and are cited 1 Res. &c.
Ret. Brev. Retorna Brevium.
Rev. St. or REv. Stat. REvised Statutes.
Rey, des  Inst. de  l'Anglet.  Des  Institutions  Judiciaries  de
l'Angleterre comparees avec celles de la France. Par Joseph Rey.
Reyn. Inst.  Institutions du  Droit des  Gens, &c.  par Gerard de
Ric. Richard;  as, 12 Ric. 2, c. 15.
Rice's Rep. Reports of Cases in Chancery argued and determined in
   the Court of Appeals and Court of Error of South Carolina. 
   by William Rice, State Reporter.
Rich. Pr. C. P. Richardson's Practice in the Common Pleas.
Rich. Pr. K. B. Richardson's Practice in the King's Bench.
Rich Eq. R. Richardson's Equity Reports.
Rich. on Wills. Richardson on Wills.
Ridg. Irish. T. R. Ridgeway, Lapp & Schoales' Term Reports in the
   K.B., Dublin. Sometimes this is cited Ridg. L.& S.
Ridg. P. C. Ridgeway's Cases in Parliament.
Ridg. Rep. Ridgeway's Reports of Cases in K. B. and Chancery.
Ridg. St. Tr. Ridgeway's Reports of State Trials in Ireland.
Ril. Ch. Cas. Riley's chancery Cases.
Rob. Adm. REp. Robinson's Admiralty Reports.

         Bouvier's Law Dictionary : A1 : Page 47 of 118

Rob. Cas. Robertson's Cases in Parliament, from Scotland.Rob. Dig.
  Robert's Digest of the English Statutes in force in Pennsylvania.
Rob. Entr. Robinson's Entries.
Rob. on Fr. Roberts on Frauds.
Rob. on Fraud. Conv. Roberts on Fraudulent Conveyances.
Rob. on Gavelk. Robinson on Gavelkind.
Rob. Lo. Rep. Robinson's Louisiana Reports.
Rob. Just. Robinson's Justice of the Peace.
Rob. Pr. Robinson's Practice in Suits at Law, in Virginia.
Rob. V. Rep. Robinson's (Virginia) Reports.
Rob. on  Wills.  Robert's  Treatise  on  the  Law  of  Wills  and
Roc. Ins. Roccus on Insurance. Vide Ing. Roc.
Rog. Eccl. Law. Rogers' Ecclesiastical law.
Rog. Rec. Roger's City Hall Recorder.
Roll. Rolle's Abridgment.
Roll. R. Rolle's Reports.
Rom. Cr.  Law. Romilly's  Observations on  the  Criminal  Law  of
England, as it relates to capital punishment.
Rop. on  H.& W.  A Treatise  on the Law of Property, arising from
the relation between Hushand and Wife. By R. S. Donnison Roper.
Rop. Leg. Roper on Legacies.
Rop. on Revoc. Roper on Revocations.
Rosc. Roscoe.
Rosc. on Act. Roscoe on Actions relating to Real Property.
Rosc. Civ.  Ev. Roscoe's  Digest of  the Law  of Evidence  on the
   Trial of Actions at Nisi Prius.
Rosc. Cr. Ev. Roscoe on Criminal Evidence.
Rosc. on Bills. Roscoe's Treatise on the Law relating to Bills of
   Exchange, Promissory Notes, Banker's Checks, &c.
Rose's R. Rose's Reports of Cases in Bankruptcy.
Ross on V.& P. Ross on the Law of Vendors and Purchasers.
Rot. Parl. Rotulae Parliamentariae.
Rowe's Sci. Jur. Rowe's Scintilla Juris.
Rub. or Rubr. Rubric, (q.v.)
Ruffh. Ruffhead's Statutes at Large.
Runn. Ej. Runnington on Ejectments.
Runn. Stat. Runnington's Statutes at Large.
Rus.& Myl. Russell & Mylne's Chancery Reports.
Rush. Rushworth's Collections.
Russ. Cr. Russell on Crimes and Misdemeanors.
Rus.& Myl. Russell & Mylne's Reports of Cases in Chancery.
Russ. on  Fact. Russell  on the  Laws  relating  to  Factors  and
Russ. R. Russell's Reports of Cases in Chancery.
Russ.& Ry. Russell & Ryan's Crown Cases.
Rutherf. Inst. Rutherford's Institutes of Natural Law.
Ry. F. Rymer's Foedera.
Ry.& Mo. Ryan & Moody's Nisi Prius Reports.
Ry.& Mo. C. C. Ryan & Moody's Crown Cases.
Ry. Med. Jur. Ryan on Medical Jurisprudence.
S. §, section.

         Bouvier's Law Dictionary : A1 : Page 48 of 118

S. B. Upper Bench.S.& B. Smith & Batty's Reports.
S. C. Same Case.
S. C. C. Select Cases in Chancery.
S. C. Rep. South Carolina Reports.
S.& L. Schoales & Lefroy's Reports.
S.& M. Shaw & Maclean's Reports.
S.& M. Ch. R. Smedes & Marshall's Reports of Cases decided by the
Superior Court of Chancery of Mississippi.
S.& M.  Err. &  App. Smedes  & Marshall's Reports of Cases in the
   High Court of Errors and Appeals of Mississippi.
S. P. Same Point.
S.& R. Sergeant & Rawle's Reports.
S.& S. Sausse & Scully's Reports.
S.& S. Simon & Stuart's Chancery Reports.
Sa.& Scul. Sausse & Scully's Reports.
Samdl. St. Pap. Sandler's State Papers.
Salk. Salkeld's Reports.
Sandf. Rep.  Reports of  Cases argued and determined in the Court
   of Chancery of the State of New York, before the Hon. Lewis H.
   Sandford, Assistant vice Chancellor of the First Circuit.
Sand. U.& T. Sanders on Uses and  Trusts.
Sanf. on Ent. Sanford on Entails.
Sant. de Assoc. Santerna, de Asecurationibus.
Saund. Saunders' Reports.
Saund. Pl.  & ev.  Saunders' Treatise  on the Law of Pleading and
Sav. Saville's Reports.
Sav. Dr. Rom. Savigny, Driot Romain.
Sav. Dr. Rom. M. A. Savigny, Driot Romain au Moyen Age.
Sav. Hist.  Rom. Law.  Savigny's History  of the Roman Law during
   the Middle Ages.  Translated from the German of Carl Von Savigny,
   by E. Cathcart.
Say. Costs. Sayer's Law of Costs.
Say. Sayer's Reports.
SC. Senatus consultum.
Scac. de Cam. Scaddia de Cambiis.
Scam. Rep.  Scammon's Reports  of Cases  argued and determined in
   the Supreme Court of Illinois.
Scan. Mag. Scandalum Magnatum.
Sch.& Lef. Schoales & Lefroy's Reports.
Scheiff. Pr. Scheiffer's Practice.
Schul. Aq. R. Schultes on Aquatic Rights.
Sci. Fa. Scire Facias.
Sci. fa.  ad. dis.  deb. Scire  facias ad  disprobandum  debitum,
Scil. Scilicet, i.e. scire licet, that is to say.
Sco. N.R. Scott's new Reports.
Scott's R. Scott's Reports.
Scriv. Copyh. Scriven's Copyholds.
Seat. F. Ch. Seaton's Forms in Chancery.
Sec. Section.

         Bouvier's Law Dictionary : A1 : Page 49 of 118

Sec. Leg. Secundum legem;  according to law.Sec. Reg. Secundum regulam;
  according to rule.
Sedgw. on Dam. Sedgwick on Damages.
Sel. Ca. Chan. Select Cases in Chancery. Vide S. C. C.
Seld. mar. Cla. Selden's Mare Clausum.
Self. Tr. Selfridge's Trial.
Sell. Pr. Sellon's Practice in K. B. and C. P.
Selw. N. P. Selwyn's Nisi Prius.
Selw. R. Selwyn's Reports. These Reports are usually cited M.& S.
Maule & Selwyn's Reports.
Sem. or Semb. Semble, it seems.
Sen. Senate.
Seq. Sequentia.
Serg. on Att. Sergeant on the Law of Attachment.
Serg. Const. Law. Sergeant on constitutional Law.
Serg. on Land L. Sergeant on the Land Laws of Pennsylvania.
Serg.& Loub.  Sergeant &  Lowher's edition  of the English Common
Law Reports;  more usually cited Eng. Com. Law Rep.
Serg.& Rawle.  or S.R.  Reports of  Cases adjudged in the Supreme
Court of Pennsylvania. By Thomas Sergeant and William Rawle, Jun.
Sess. Ca. Sessions Cases in K. B., chiefly touching Settlements.
Set. on Dec. Seton on Decrees.
Shaw & Macl. Shaw & Maclean's Reports.
Shelf. Lun. Shelford on Lunacy.
Shelf. on Mort. Shelford on the Law of Mortmain.
Shelf. on Railw. Shelford on Railways.
Shelf. on R. Pr. Shelford on Real Property.
Shep. To. Sheppard's Touchstone.
Shepl. R. Shepley's Reports.
Sher. Sheriff.
Show. P. C. Shower's Parliamentary Cases.
Show. R. Shower's Reports in the Court of King's Bench.
Shub. Jur. Lit. Shuback de Jure Littoris.
Sid. Siderfin's Reports.
Sim. Simon's Chancery Reports. In Con. C.R.
Sim.& Stu. Simon & Stuart's Chancery Reports.
Skene,  Ver.   Sign.  Skene   de  VerborumSignificatione;  an
explanation of terms, difficult words, &c.
Skin. Skinner's Reports.
Skirr. Und.Sher. Skirrow's Complete Practical Under Sheriff.
Slade's Rep. Slade's Reports. More usually cited Vermont Reports.
Smed & Marsh. Ch. R. Smedes & Marshall's Reports of Cases decided
by the High Court of Errors and Appeals of Mississippi.
Smith & Batty. Smith & Batty's Reports.
Smith's Ch. RPr. Smith's Chancery Practice.
Shith's For. Med. Smith's Forensic Medicine.
Smith's Hints.  Smith's Hints  for  the  Examination  of  Medical
Smith on M. L. Smith on Mercantile Law.
Sm. on Pat. Smith on the Law of Patents.
Smith's R.  Smith's Reports  in K. B., together with Cases in the
Court of Chancery.Sol. Solutio, the answer to an objection.

         Bouvier's Law Dictionary : A1 : Page 50 of 118

South. Car. R. South Carolina Reports.
South. R. Southard's Reports.
Sp. of Laws. Spirit of Laws, by Montesquieu.
Spelm. Feuds. Spelman on Feuds.
Spel. Gl. Spelman's Glossary.
Spence on Eq. Jur. of Ch. Spence on the Equitable Jurisdiction of
Spenc. R. Spencer's Reports.
Speers' Eq.  Cas. Equity Cases argued and determined in the Court
of Appeals of South Carolina. By R. H. Speers.
Speers' Rep. Speers' Reports.
Ss. usually put in small letters, ss. Scilicet, that is to say.
St. or Stat. Statute.
St. Armand.  Hist. Ess.  St. Armand's  Historical  Essay  on  the
Legislative Power of England.
Stant. R. Stanton's Reports.
Stath. Ab. Statham's Abridgment.
St. Cas. Stillingfleet's Cases.
St. Tr. State Trials.
Stair's Inst.  Stair's Inst.  Stair's Institutions  of the Law of
Stallm. on Elec. & Sat. Stallman on Election and Satisfaction.
Stark. Starkie's Ev. Starkie on the Law of Evidence.
Stark. Cr. Pl. Starkie's Criminal Pleadings.
Stark. R. Starkie's Reports.
Stark. on Sl. Starkie on Slander and Libel.
Stat. Statutes.
Stat. Wes. Statute of Westminster.
Staunf or Staunf. P. C. Staunford's Pleas of the Crown.
Stearn. on R. A. Stearne on Real Actions.
Steph. Comm. Stephen's New Commentaries on the Law of England.
Steph. Cr. Law. Stephen on Criminal Law.
Steph. Pl. Stephen on Pleading.
Steph. Proc. Stephen on Procurations.
Steph. on Slav. Stephens on Slavery.
Stev. on Av. Stevens on Average.
Stev.& B. on Av. Stevens & Beneke on Average.
Stew. Adm.  Rep. Stewart's Reports of Cases argued and determined
in the Court of Vice Admiralty at Halifax.
Stew. R. Stewart's Reports.
Stew.& Port's. Stewart & Porter's Reports.
Story on Bail. Story's Commentaries on the Law of Bailments.
Story on Const. Story on the Constitution of the United States.
Story on Eq. Story's Commentaries on Equity Jurisprudence.
Story's L.  U. S.  Story's edition  of the  Laws  of  the  United
States, in 3 vols.
   The 4th and 5th volumes are a continuation of the same work by
George Sharswood, Esq.
Story on Partn. Story on Partnership.
Story on Pl. Story on Pleading.
Story, R. Story's Reports.
Str. Strange's Reports.

         Bouvier's Law Dictionary : A1 : Page 51 of 118

Stracc. de Mer. Straccha de Mercatura, Navibus Assecurationibus.
Strah. Dom. Straham's Translation of Domat's Civil Law.
Strob. R. Strobhart's Reports.
Stroud's Dig. Stroud's Digest of the Laws of Pennsylvania.
Stuart's (L.C.)  R. Reports  of Caes in the Court of King's bench
   in the Provincial Court of Appeals of Lower Canada, and Appeals
   before the Lords of the Privy Council.  By George O'Kill Stuart,
   Esq. Sty. Style's Reports.
Sugd. Lett. Sugden's Letters.
Sugd., Sugd. Pow. Sugden on Powers.
Sugd. Vend. Sugden on Vendors.
Sull. Lect.  Sullivan's Lectures  on  the  Feudal  Law,  and  the
Constitution and Laws of England.
Sull.  on   Land  Tit.  Sullivan's  History  of  Land  Titles  in
Sum. Summa, the Summary of a law.
Sumn. R. Sumner's Circuit Court Reports.
Supers. Supersedeas.
Supp. Supplement.
Supp. to Ves. Jr. Supplement to Vesey Junior's Reports.
Swan on  Eccl. Cts.  Swan on  the Jurisdiction  of Eccleciastical
Swanst. Swanston's Reports.
Sweet on Wills. Sweet's Popular Treatise on Wills.
Swift's Dig. Swift's Digest of the Laws of Connecticut.
Swift's Ev. Swift's Evidence.
Swift's Sys. Swift's System of the Laws of Connecticut.
Swinb. Swinburn  on the  Law of Wills andTestaments. This work is
   generally cited by refernce to the part, book, chapter, &c.
Swinb. on Desc. Swinburne on the Law of Descents.
Swinb. on Mar. Swinburne on Marriage.
Swinb. on Spo. Swinburne on Spousals.
Sw. Swinburne on Wills.
Syst. Plead. System of Pleading.
T. Title.
T.& G. Tyrwhitt & Granger's Reports.
T.& P. Turner & PHillips' Reports.
T. Jo. Sir Thomas Jones' Reports.
T. L. Termes de la Ley, or Terms of the Law.
T. R.  Term Reports. Ridgeway's Reports are sometimes cited Irish
T. R. Teste Rege.
T.& R. Turner & Russell's Chancery Reports.
T.& R. Turner & Russell's Reports.
T. R.  E. or T. E. R. Tempore Regis Edwardi. This abbreviation is
   frequently used in Domesday Book, and in the more ancient Law
   writers. See Tyrrel's Hist. Eng., introd. viii. p. 49.
   See also Co. Inst. 86, a,where in a quotation from Domesday Book,
   this abbreviation is interpreted Terra Regis Edwardi;  but in 
   Cowell's Dict. verb. Reveland, it is said to be wrong.

         Bouvier's Law Dictionary : A1 : Page 52 of 118

T. Raym. Sir Thomas Taymond's Reports.
T. U. P. Chalt. T. U. P. Charlton's Reports.
Tait on Ev. Tait on Evidence.
Taml. on  Ev. Tamlyn  on Evidence,  principally with reference to
the Practice  of the  Court of  Chancery,  and  in  the  Master's
Taml. R. Tamlyn's Reports of Cases decided in Chancery.
Taml. T. Y. Tamlyn on Terms for Years.
Tapia. Jur. Mer. Tratade de Jurisprudentia Mercantil.
Taunt. Taunto's Reports. Tayl. on Ev. Taylor on Evidence.
Tayl Cir. L. Taylor's Civil Law.
Tayl. Law glo. Taylor's Law Glossary.
Tayl. L.&  T. Taylor's  Treatise on  the American Law of Landlord
   and Tenant.
Tech. Dict. Crabb's Technological Dictionary.
Thach. Crim. Cas. Thacher's Criminal Cases.
Th. Br. Thesaurus brevium.
Th. Dig. Theloall's Digest.
Theo. of Pres. Pro. Theory of Presumptive Proof.
Theo. Pres.  Pro. Theory of Presumptive Proof, or an Inquiry into
the Nature of Circumstantial Evidence.
Tho. co. Litt. Coke upon Littleton' newly arranged on the plan of
Sir Matthew Hale's Analysis. By J. H. Thomas, Esq.
Thomp. on Bills. Thompson on Bills.
Tho. U. J. Thomas on Universal Jurisprudence.
Tidd's Pr. Tidd's Practice.
tit. Title.
Toll. Ex. Toller's Executors.
Toml. L. D. Tomlin's Law dictionary.
Toth. Tothill's reports.
Touchs. Sheppard's Touchstone.
Toull. Le  Droit civil  Francais suivant Pordre du Code;  ouvrage
dans lequel on
   a tache  de reunir  la eorie  a la  practique. Par M. C. B. M.
Toullier. This
  work is sometimes cited Toull. Dr. Civ. Fr. liv. 3, t. 2, c. 1,
n. 6;  at
   other times,  3 Toull. n. 86, which latter signifies vol. 3 of
Toullier's work, No. 86.
Tr. Eq. Treatise of Equity;  the same as Fonblanque on Equity.
Traill, Med.  Jur. Outlines  of a  Course of  Lectures on Medical
Jurisprudence.  By Thomas Stewart Traill, M.D.
Treb. Jur.  de la  Med.  Jurisprudence  de  la  Medecine,  de  la
Chirurgie, et de la Pharmacie. Par Adolphe Trebuchet.
Trem. Termaine's Pleas of the Crown.
Tri. of 7 Bish. Trial of the Seven Bishops.
Tri. per Pais. Trials per Pais.
Trin. Trinity Term.
Tuck. Bl. Com. Blackstone's Commentaries, edited by Judge Tucker.
Turn. R. Turner's Reports of Cases determined in Chancery.
Turn.& Russ. Turner & Russell's Chancery Reports.

         Bouvier's Law Dictionary : A1 : Page 53 of 118

Tuck. Com. Tucker's Commentaries.Turn.& Phil Turner & PHillips' Reports.
Tyl. R. Tyler's Reports.
Tyrw. Tyrwhitt's Exchequer Reports.
Tyrw.& Gra. Tyrwhitt & Granger's Reports.
Tyt. Mil. Law. Tytler's Essay on Military Law and the Practice of
Military Courts Martial.
U.S. United States of America.
U.S. Dig. United States Digest. See Metc.& Perk. Dig.
Ult.  Ultimo,  ultima,  last,  usually  applied  to  last  title,
  paragraph or law.
Umfrev. Off of Cor. Umfreville's Office of Coroner.
Under Sher. Under Sheriff, containing the office and duty of High
   Sheriff, Under Sheriffs and Bailiffs.
Ux. et. Et uxor, et uxorem, and wife.
V. Versus, against;  as AB. v. CD.
V. Versiculo, in such a verse.
V. Vide, see.
V. or v. Voce;  as Spelm Gloss. v. Cancelarious.
V.& B. Vesey & Beames' Reports.
V. C. Vice Chancellor.
Vac. Voce, or Vocem.
V.& S. Vernon & Scriven's Reports.
Val. Com. Valin's Commentaries.
Van. Heyth. Mar. Ev. Van Heythuysen's Essay upon marine Evidence,
in Courts of Law and Equity.
Vand. Jud. Pr. Vanderlinden's Judicial Practice.
Vat. or Vattel. Battle's Law of Nations.
Vang. vaugnan's Reports.
Vend. Ex. Venditioni Exponas.
Ventr. Ventris' Reports.
Verm. R. Vermont Judges' Reports.
Vern. Vernon's Reports.
Vern.& Scriv.  Vernon &  Scriven's Reports of Cases in the King's
Courts, Dublin.
Verpl. Contr. Verplanck on Contracts.
Verpl. Ev. Verplanck on Evidence.
Ves. Vesey Senior's Reports.
Ves. Jr. Vesey Junior's Reports.
Ves.& Bea. Vesey & Beames' Reports.
Vet. N. B. Old Natura Brevium.
Vid. Vidian's Entries.
Vin. Ab. Viner's Abridgment.
Vin. Supp. Supplement ot Viner's Abridgment.
Vinn. Vinnius.
Viz. Videlicet, that is to say.
Vs. Versus.
W. 1, W. 2. Statutes of Westminster, 1 and2.
W. C. C. R. Washington's Circuit Court Reports.
W.& C. Wilson & Courtenay's Reports.
W. Jo. Sir William Jones' Reports.
W. Kel. William Kelynge's Reports.
W.& M. William and Mary.

         Bouvier's Law Dictionary : A1 : Page 54 of 118

W.& M. Rep. Woodbury & Minot's Reports.W.& S.  Wilson &  Shaw's
   Reports of Cases decided in the House of Lords.
Wigr. on Disc. Wigram on Discovery.
Walf. on  Part. Walford's  Treatise on the Law respecting Parties
   to Actions.
Walk. Ch. Ca. Walker's Chancery Cases.
Walk. Am.  R. or  Walk. Introd. Walker's Introduction to American
Walk. R. Walker's Reports.
Wall. R. Wallace's Circuit Court Reports.
Ward, on Leg. Ward on Legacies.
Ware's R.  Reports of Cases argued and determined in the District
   Court of the United States, for the District of Maine.
Warr. L. S. Warren's Law Studies.
Wash. C. C. Washington's Circuit Court Reports.
Washb. R. Washburn's Vermont Reports.
Wat. Cop. Watkin's Copyhold.
Watk. Conv. Watking's Principles of conveyancing.
Wats. Cler. Law. Watson's Clergyman's Law.
Wats. on Arb. Watson on the Law of Arbitrations and Awards.
Wats. on Partn. Watson on the Law of Partnership.
Wats. on  Sher. Watson on the Law relating to the office and duty
   of Sheriff.
Watt's R. Watt's Reports.
Watts & Serg. Watts & Sergeant's Reports.
Welf. on Eq. Plead. Welford on Equity Pleading.
Wellw. Ab. Wellwood's Abridgment of Sea Laws.
Wend. R. Wendell's Reports.
Wentw. Wentworth.
Wentw. Off. Ex. Wentworth's Office of Executor.
Wentw. Pl. Wentworth's System of Pleading.
Wesk. Ins. Weskett on the Law of Insurance.
West's Parl. Rep. West's parliamentary Reports.
West's Rep. West's Reports of Lord Chancellor Hardwicke.
West's  Symb.   West's  Symboliography,   or  a   description  of
   instruments and precedents, 2 parts.
Westm. Westminister;
Westm. I. Westminister primer.
Weyt. on Av. Quintin Van Weytsen on Average.
Whart. Cr. Law. Wharton on the Criminal Law of the United States.
Whart. Dig. Wharton's Digest.
Whart.  Law   Lex.  Wharton's   Law  Lexicon,  or  Dictionary  of
Whart. R. Wharton's Reports.
Wheat. Wheaton.
Wheat. R. Wheatons' Reports.
Wheat. on  Capt. Wheaton's Digest of the Law of Maritime Captures
   and Prizes.
Wheat. Hist.  of L. of N. Wheaton's History of the Law of Nations
   in Europe and America.
Wheel. Ab. Wheeler's Abridgments.
Wheel Cr. Cas. Wheeler's Criminal Cases.
Wheel on Slav. Wheeler on Slavery.

         Bouvier's Law Dictionary : A1 : Page 55 of 118

Whish. L. D. Whishaw's Law Dictionary.Whit. on Liens. Whitaker on
   the Law of Liens.
Whit. on Trans. Whitaker on Stoppage in Transitu.
White's New  Coll. A  New Collections  of the Laws, Charters, and
Local Ordinances of the Governments of Great Britain, France, Spain,
Whitm. B. L. Whitmarsh's Bankrupt Law.
Wicq. L'Ambassadeur et ses fonctions, par de Wicquefort.
Wightw. Wightwich's Reports in the Exchequer.
Wilc. on Mun. Cor. Wilcock on Municipal Corporations.
Wilc. R. Wilcox's Reports.
Wilk Leg. Ang. Sax. Wilkin's leges Anglo-Saxionicae.
Wilk. on Lim. Wilkinson on Limitations.
Wilk on  Publ. Funds. Wilkinson on the Law relating to the Public
   Funds, including the Practice of Distringas, &c.
Wilk. on Repl. Wilkinson on the Law of Replevin.
Will. Auct. Williams on the Law of Auctions.
Will. on Eq. Pl. Willis' Treatise on Equity Pleadings.
Will. on Inter. Willis on Interrogatories.
Will. L. D. Williams' Law Dictionary.
Will. Per.  Pr. Williams'  Principles  of  the  Law  of  Personal
Will. (P.) Rep. Peere Williams' Reports.
Willc. Off. of Const. Willcock on the Office of Constable.
Willes' R. Willes' Reports.
Wills on Cir. Ev. Wills on Circumstantial Evidence.
Wils. on uses. Wilson on Springing Uses.
Wilm on Mortg. Wilmot on Mortgages.
Wilm. Judg. Wilmot's NOtes of Opinions and Judgments.
Wils. on Arb. Wilson on Arbitration.
Wils. Ch. R. Wilson's Chancery Reports.
Wils.& Co. Wilson & courtenay's Reports.
Wils. Ex. R. Wilson's Exchequer Reports.
Wils.& Sh. Wilson & Shaw's Reports decided by the House of Lords.
Wils. R. Wilson's Reports.
Win. Winch's Entries.
Win. R. Winch's Reports.
Wing. Max. Wingate's MAxims.
Wins. JUst. Williams' Justice.
Wms. R., more usually, P. Wms. Peere Williams' Reports.
Wolff. Inst. Wolffius Institutiones Juris Naturae.
Wood's Inst.,  or Wood's  Inst. Com.. L. Wood's Institutes of the
   Common Law of England.
Wood's Inst. Civ. Law. Wood's Institutes of the Civil Law.
Wood & Min. Rep. Woodbury and Minot's Reports.
Woodes. Wooddesson.
Woodes. El Jur. Woodesson's Elements of Jurisprudence.
Woodes. Lect. Wooddesson's Vinerian Lectures.
Woodf. L. and T. Woodfall on the Law of Landlord and Tenant.
Woodm. R.  Woodman's Reports  of  Criminal  Cases  tried  in  the
Municipal Court of the City of Boston.
Wool. Com. L. Woolrych's commercial Law.
Wool. L. W. Woolrych's law of Waters.

         Bouvier's Law Dictionary : A1 : Page 56 of 118

Woolr. on  Com. Law.  Woolrych's Treatise  on the  Commercial and
  Mercantile Law of England.
Wool. on Ways. Woolrych on Ways.
Worth. on  Jur. Worthington's Inquiry into the Power of Juries to
   decide incidentally on Questions of Law.
Worth. Pre.  Wills. Worthington's  GeneralPrecedents  for  Wills,
   with practical notes.
Wright's R. Wright's Reports.
Wright, Fr. Soc. Wright on Friendly Societies.
Wright, Ten. Sir Martin Wright's Law of Tenures.
Wy. Pr. Reg. Wyatt's Practical REgister.
X. The  decretals of  Gregory the ninth are denoted by the letter
X, thus, X.
Y. B. Year Books, (q.v.)
Y.& C. Younge & Collyer's Exchequer Reports.
Y.& C. N. C. Younge & Collyer's New Cases.
Y.& J. Younge & Jervis' Exchequer Reports.
Yeates, R. Yeates' Reports.
Yearb. Year Book.
Yelv. Yelverton's Reports.
Yerg. R. Yerger's Reports.
Yo.& Col. Younge & Collyer's Exchequer Reports.
Yo.& Col. N. C. Younge and Collyer's New Cases.
Yo. Rep. Younge's Reports.
Yo.& Jer. Younge & Jervis' Reports.
Zouch's Adm.  Zouch's Jurisdiction  of the  Admiralty of England,

  ABBREVIATORS, eccl. law. Officers whose duty it is to assist in
drawing up  the Pope's briefs, and reducing petitions into proper
form, to be converted into Papal Bulls. Vide Bulls.

   ABBROCHMENT, obsolete. The forestalling of a market or fair.

   ABDICATION, government. 1. A simple renunciation of an office,
generally understood  of a  supreme office. James II. of England;
Charles V. of Germany;  and Christiana, Queen of Sweden, are said
to have  abdicated. When  James III  of England left the kingdom,
the Commons  voted that he had abdicated the government, and that
thereby  the  throne  had  become  vacant.  The  House  of  Lords
preferred the  word deserted,  but the  Commons  thought  it  not
comprehensive enough,  ofr then,  the king might have the liberty
of returning.  2. When  inferior magistrates decline or surrender
their offices, they are said to make a resignation. (q.v.)

   ABDUCTION, crim. law. The carrying away of any person by force
or fraud. This is a misdemeanor punishable by indictment. 1 East,
P.C. 458;   1  Russell, 569.  The civil  remedies are  recaption,
(q.v.) 3  Inst. 134;   Hal.  Anal. 46;   3 Bl. Com 4;  by writ of
habeas corpus;  and an action of trespass, Fitz. N. B. 89;  3 Bl.
Com 139, n. 27;  Roscoe, Cr. Ev. 193.

   ABEARANCE. Behaviour;   as,  a  recognizance  to  be  of  good
abearance, signifies  to be  of good  behaviour. 4  Bl. Com.,251,

   ABEREMURDER, obsolete. An apparent, plain, or downright murder.
It was used to distinguish a wilful murder, from a chance-medley,
or manslaughter. Spelman;  Cowell;  Blount.

         Bouvier's Law Dictionary : A1 : Page 57 of 118

   TO ABET, crim. law. To encourage or set another on to commit a
crime. This  word is always taken in a bad sense. To abet another
to commit  a murder,  is to  command, procure,  or counsel him to
commit it. Old Nat. Brev 21;  Col Litt. 475.

   ABETTOR, crim. law. One who encourages or incites, persuades or
sets another  on to  commit a  crime .  Such a person is either a
principal or,  an accessory  to the  crime. When present, aiding,
where a  felony is  committed, he  is guilty  as principal in the
second degree  ;   when absent,  "he is  merely an  accessory. 1.
Russell, 21;  1 Leach 66;  Foster 428.

ABEYANCE, estates,  from the  French aboyer,  which in figurative
sense means  to expect,  to look for, to desire. When there is no
person in  esse in  whom the freehold is vested, it is said to be
in  abeyance,   that  is,   in   expectation,   remembrance   and
  - 2. The law requires, however, that the freehold should never,
if possible,  be in  abeyance. Where  there is  a tenant  of  the
freehold, the  remainder or reversion in fee may exist for a time
without any  particular owner, in which  case it is said to be in
abeyance. 9 Serg. & R.. 367;  8 Plowd. 29 a. b 35 a.
 -  3. Thus,  if sn estate be limited to A for life, remainder to
the right  heirs of  B, the  fee simple is in abeyance during the
life of  B, because  it is  a maxim  of law, that nemo est hoeres
viventis. 2 Bl. Com. 107;  1 Cruise, 67-70;  1 Inst. 842, Merlin,
Repertoire, mot Abeyance;  1 Com. Dig. 176;  1 Vin. Abr. 101.
 -  4. Another example may be given in the case of a corporation.
When a  charter is  given, and  the charter  grants franchises or
property to  a corporation  which is to be brought into existence
by some  future acts  of  the  corporators,  such  franchises  or
property are  in abeyance until such acts shall be done, and when
the corporation  is thereby  brought into  life,  the  franchises
instantaneously attach.  4 Wheat.  691. See,  generally, 2  Mass.
500;   7 Mass.  445;   10 Mass. 93;  15 Mass. 464;  9 Cranch, 47.
293;  5 Mass. 555.

 ABIDING BY PLEA. English law. A defendant who pleads a frivolous
plea, or  a plea merely for the purpose of delaying the suit;  or
who for  the same  purpose, shall file a similar demurrer, may be
compelled by  rule in  term  time,  or  by  a  Judge's  order  in
vacation, either  to abide by that plea, or b y that demurrer, or
to plead  peremptorily on  the morrow;  or if near the end of the
term, and in order to afford time for notice of trial, the motion
may be  made in court for rule to abide or plead instanter;  that
is, within  twenty-four hours  after rule  served, Imp. B.R. 340,
provided that  the regular  time for  pleading be expired. If the
defendant when  ruled, do  not abide,  he can  only  plead    the
general issue;   1  T.R. 693;   but he may add notice of set-off.
Ib. 694, n. See 1 Chit. Rep. 565, n.

   ABIGEAT, civ.  law, A  particular kind  of larceny,  which  is
committed not by
taking and  carrying away the property from one place to another,
but  by  driving  a  living  thing  away  with  an  intention  of
feloniously appropriating the same. Vide Taking.

   ABIGEI, civil  law. Stealers of cattle, who were punished with
more severity than other thieves. Dig. 47, 14;  4 Bl. Com. 239.

   ABJURATION- A renunciation of allegiance to a country by oath.
   2. -  1. The  act of  Congress of  the 14th  of April, 1802, 2
Story's Laws,  U.S. 850,  requires that when an alien shall apply

         Bouvier's Law Dictionary : A1 : Page 58 of 118

to be  admitted a  citizen of the United States, he shall declare
on oath  or affirmation  before the  court where  the application
shall be  made, inter  alia, that he doth absolutely and entirely
renounce and  abjure all allegiance and fidelity which he owes to
any foreign  prince, &c.,  and particularly, by name, the prince,
&c., whereof  he was  before a  citizen or  subject. Rawle on the
Const. 98.
   3. - 2. In England t he oath of abjuration is an oath by which
an Englishman  binds himself  not to acknowledge any right in the
Pretender to the throne of England.
   4. -  3 it  signifies also,  according to  25 Car. H., an oath
abjuring to certain doctrines of the church of Rome.
   5. -  4. In  the ancient  English law it was a renunciation of
one's country  and taking  an oath of perpetual banishment. A man
who had committed a felony, and for safety
flea to  a sanctuary  might within  forty days' confess the fact,
and take the oath of abjuration and perpetual banishment;  he was
then transported.  This. was  abolished by Stat. 1 Jac. 1, c. 25.
Ayl. Parerg. 14.

   ABLEGATI, diplomacy. Papal ambassadors of the second rank, who
are sent with  a less extensive commission to a court where there
are no nuncios. This title is equivalent to envoy (q. v.).

     ABNEPOS,  civil   law.  The   grandson  of   a  grandson  or
grand-daughter,  or   fourth   descendant.   Abneptis,   is   the
grand-daughter of  a grandson  or grand-daughter. These terms are
used in making genealogical tables.

   ABOLITION. An  act by which a thing is extinguished, abrogated
or annihilated. Merl. Repert, h. t., as, the abolition of slavery
is the destruction of slavery.
   2 .  In the  civil and  French law  abolition is  used  nearly
synonymously with  pardon, remission,  grace. Dig.  39, 4,  3, 3.
There is,  however, this  difference;  grace is the generic term;
pardon, according to those laws, is the clemency which the prince
extends to a man who has participated in a crime, without being a
principal  or   accomplice;    remission  is  made  in  cases  of
involuntary homicides,  and self-defence. Abolition is different:
it is used when the crime cannot be remitted. The prince then may
by letters  of abolition  remit the  punishment, but  the  infamy
remains, unless  letters of  abolition have  been obtained before
sentence. Encycl. de d'Alembert, h. t.
   3. The  term abolition  is used  in the German law in the same
sense as  in the  French  law.  Encycl.  Amer.  h.  t.  The  term
abolition is derived from the civil law, in which it is sometimes
used synonymously with absolution. Dig. 39, 4, 3, 3.

   ABORTION, med  jur. and  criminal law.  The expulsion  of  the
foetus before  the seventh mouth of utero-gestation, or before it
is viable. q. v.
   2. The  causes of  this accident  are referable  either to the
mother, or  to the foetus and its dependencies. The causes in the
mother may  be: extreme  nervous susceptibility,  great debility,
plethora,  faulty   conformation,  and  the  like;    and  it  is
frequently induced  immediately by  intense mental  emotion.  The
causes seated  in the  foetus  are  its  death,  rupture  of  the
membranes, &c.
   3. It most frequently occurs between the 8th and 12th weeks of
gestation. When  abortion is produced with a malicious design, it
becomes a  misdemeanor, at  common law,  1 Russell, 553;  and the

         Bouvier's Law Dictionary : A1 : Page 59 of 118

party causing it may be indicted and punished.
   4. The criminal means resorted to for the purpose of destroying
the foetus,  may be  divided into general and local. To the first
belong venesection,  emetics, cathartics  diuretics, emmenagogues
&c. The second embraces all kinds of violence directly applied.
   5. When, in consequence of the means used to produce abortion,
the death of the woman ensues, the crime is murder.
   6. By statute a distinction is made between a woman quick with
child, (q.  v.) and  one who,  though pregnant,  is not so, 1 Bl.
Com. 129.  Physiologists, perhaps  with reason,  think  that  the
child is  a living  being from  the moment of conception. 1 Beck.
Med. Jur. 291.
  General References. 1 Beck, 288 to 331;  and 429 to 435;  where
will be found an abstract of the laws of different countries, and
some of  the states punishing criminal abortion;  Roscoe, Cr. Ev.
190;   1 Russ.  553;  vilanova y Manes, Materia Criminal Forense,
Obs. 11,  c. 7  n. 15-18.  See also  1 Briand,  Med. Leg.  1  ere
partie, c.  4, where the question is considered, how far abortion
is justifiable,  and is  neither a  crime nor  a misdemeanor. See
Alis. Cr. L. of Scot. 628.

   ABORTUS. The  fruit of an abortion;  the child born before its
time, incapable  of life.  See Abortion;   Birth;   Breath;  Dead
bord;  Gestation;  Life.

   ABOVE.  Literally higher in place:  But in  law this  word  is
sometimes used  to designate the superior court, or one which may
revise proceedings of an inferior court error, from such inferior
jurisdiction. The  court of error is called the court above;  the
court whose  proceedings are  to be  examined is called the court
  2. By bail above, is understood bail to the action entered with
the prothonotary  or clerk,  which is  an  appearance.  See  Bail
above. The  bail given  to the  Sheriff, in civil cases, when the
defendant is  arrested on bailable process, is called bail below;
(q.v.) vide Below.

   TO ABRIDGE, practice. To make shorter in words, so as to retain
the sense  or substance.  In law  it signifies  particularly  the
making of  a declaration  or count shorter, by taking or severing
away some of the substance from it. Brook, tit. Abridgment
ment;  Com. Dig. Abridgment;  1 Vin. Ab. 109.
   2. Abridgment  of the Plaint is allowed even after verdict and
before judgment  (Booth on  R. A.)  in an  cases of  real actions
where the  writ is  de lib.  ten. generally, as in assize, dower;
&c.;   because, after  the abridgment  the writ is still true, it
being liberum  tenementum still.  But it  is  not  allowed  in  a
proecipe quod  reddat, demanding  a certain number of acres;  for
this would falsify the writ. See 2 Saund. 44, (n.) 4 ;  Bro. Abr.
Tit. Abr.;   12  Levin's Ent.  76;   2 Saund.  330;   Gilb. C. P.
249-253;  Thel. Dig. 76, c. 28, pl. 15, lib. 8.

   AN ABRIDGMENT.  An epitome or compendium of another and larger
work,  wherein  the  principal  ideas  of  the  larger  work  are
summarily contained.  When fairly  made, it may justly be deemed,
within the  meaning of  the law,  a new  work, the publication of
which will  not infringe  the copyright  of the work abridged. An
injunction, however,  will be  granted against  a mere  colorable
abridgment. 2  Atk. 143;  1 Bro. C. C. 451;  5 Ves. 709;  Lofft's
R. 775;  Ambl. 403;  5 Ves. 709.;  1 Story, R. 11. See Quotation.

         Bouvier's Law Dictionary : A1 : Page 60 of 118

   2. Abridgments  of the Law or Digests of Adjudged Cases, serve
the very  useful purpose of an index to the cases abridged, 5 Co.
Rep. 25.  Lord Coke  says they  are most  profitable to those who
make them.  Co. Lit.  in preface  to the table -at the end of the
work. With few exceptions, they are not entitled to be considered
authoritative. 2  Wils. R.  1, 2;   1 Burr. Rep. 364;  1 Bl. Rep.
101;  3 T. R. 64, 241. See North American Review, July, 1826, pp.
8, 13, for an account of the principal abridgments.

   ABROGATION, in  the civil law, legislation. The destruction or
annulling of a former law, by an act of the legislative power, or
by usage.  A- law may be abrogated or only derogated from;  it is
abrogated when it is totally annulled;  it is derogated from when
only a  part is  abrogated: derogatur  legi, cum pars detrahitur;
abrogatur legi,  cum prorsus  tollitur. Dig  lib.. 50,  t. 17, 1,
102. Lex  rogatur dum fertur;  abrogatur dum tollitur;  derogatur
eidem dum  quoddam ejus  caput aboletuer;  subrogatur dum aliquid
ei adjicitur;   abrogatur denique, quoties aliquid in ea mutatur.
Dupin, Proleg. Juris, Art. iv.
  2. Abrogation is express or implied;  it is express when it, is
literally pronounced  by the new law, either in general terms, as
when a final clause abrogates or repeals all laws contrary to the
provisions of  the new  one, or  in particular  terms, as when it
abrogates certain preceding laws which are named.
   3. Abrogation  is implied when the new law contains provisions
which are  positively,  contrary  to  the  former  laws,  without
expressly abrogating  such laws:  for it is a posteriora derogant
prioribus. 3  N. S.  190;   10 M. R. 172. 560. It is also implied
when the  order of  things for  which the  law had  been made  no
longer exists,  and  hence  the  motives  which  had  caused  its
enactment have  ceased to operate;  ratione legis omnino cessante
cessat lex.  Toullier, Droit  Civil Francais,  tit. prel. §11, n.
151. Merlin, mot Abrogation.

   ABSCOND. To go in a clandestine manner out of the jurisdiction
of the  courts, or  to lie  concealed in  order  to  avoid  their

   ABSENTEE. One  who is away from his domicil, or usual place of
   2. After  an absence  of seven years without being heard from,
the presumption  of death  arises. 2  Campb. R. 113;  Hardin's R.
479;  18 Johns. R. 141 15 Mass. R. 805;  Peake's Ev. c. 14, s. 1;
2 Stark.  Ev. 457  8;  4 Barn. & A. 422;  1 Stark. C. 121 Park on
Ins. 433;   1  Bl. R.  404;  Burr v. Simm, 4 Wh. 150;  Bradley v.
Bradley, 4 Wh. 173.
   3. In  Louisiana, when a person possessed of either movable or
immovable property  within the  state, leaves  it, without having
appointed somebody  to take  care of  his estate;   or  when  the
person thus  appointed dies,  or is either unable or unwilling to
continue to  administer that  estate, then  and in that case, the
judge of  the place where the estate is situated, shall appoint a
curator to administer the same. Civ. Code of Lo. art. 50.. In the
appointment of  this curator  the judge  shall prefer the wife of
the absentee  to his  presumptive heirs, the presumptive heirs to
other relations;   the  relations to  strangers, and creditors to
those who  are not  otherwise interested, provided, however, that
such persons  be possessed  of the  necessary qualifications. Ib.
art. 51.  For the  French law  on this  subject, vide  Biret,  de
l'Absende;  Code Civil, liv. l tit.. 4. Fouss. lib. 13 tit. 4, n.
379-487;  Merl. Rep. h. t.;
and see also Ayl. Pand. 269;  Dig. 50, 16, 198;  Ib. 50, 16, 173;
Ib. 3, 3,,6;  Code, 7 32 12.

         Bouvier's Law Dictionary : A1 : Page 61 of 118

   ABSOLUTE. Without any condition or encumbrance, as an "absolute
bond," simplex obligatio, in distinction from a conditional bond;
an absolute estate, one that is free from all manner of condition
or incumbrance.  A rule  is said  to be  absolute, when,  on  the
hearing, it  is confirmed.  As  to  the  effect  of  an  absolute
conveyance, see  1 Pow.  Mortg. 125;   in  relation  to  absolute
rights, 1 Chitty, PI. 364;  1 Chitty, Pr. 32.

   ABSOLUTION. A  definite sentence  whereby a man accused of any
crime is

   ABSQUE HOC,  pleading. When  the pleadings were in Latin these
words were  employed in  a traverse.  Without this, that, (q. v.)
are now used for the same purpose.

  ABSQUE IMPETITIONE VASTI. Without impeachment of waste. (q. v.)
Without any right to prevent waste.
ABSQUE TALI  CAUSA. This phrase is used in a traverse de injuria,
by which the plaintiff affirms that without the cause in his plea
alleged he did commit the said trespasses, &c. Gould on PI. c. 7,
part 2, §9.

   ABSTENTION, French  law. This  is the tacit renunciation by an
heir of a suc-
cession Merl. Rep. h.t.

   ABSTRACT OF TITLE. A brief account of all the deeds upon which
the title to an estate rests. See Brief of Title.

   ABUSE. Every thing which is contrary to good order established
by usage. Merl. Rep. h. t. Among the civilians, abuse has another
signification;   which is  the destruction  of the substance of a
thing in  using it.  For example,  the borrower of wine or grain,
abuses the  article lent  by using it, because he cannot enjoy it
without consuming it. Leg ;  El. Dr. Rom. §414. 416.

   ABUTTALS. The  buttings and boundings of land, showing on what
other lands, rivers, highways, or other places it does abut. More
properly, it  is said,  the sides  of land, are adjoining and the
ends abutting  to the thing contiguous. Vide Boundaries, and Cro.
Jac. 184.

  AC ETIAM, Eng. law. In order to give jurisdiction to a court, a
cause of action over which the court has jurisdiction is alleged,
and also,, (ac etiam) another cause of action over which, without
being  joined   with  the   first,  the   court  would   have  no
jurisdiction;   for example,  to the  usual complaint of breaking
the plaintiff's  close, over  which the court has jurisdiction, a
clause is  added  containing  the  real  cause  of  action.  This
juridical contrivance grew out of the Statute 13 Charles H. Stat.
2, c.  2. The clause was added by Lord North, Ch. J. of the C. P.
to the  clausum fregit  writs of  that court  upon which writs of
capias might  issue. He balanced awhile whether he should not use
the words  nec non  instead of  ac etiam.  The  matter  is  fully
explained in Burgess on Insolvency, 149. 155. 156. 157.

   ACCEDAS AD CURIAM, Eng. law. That you go to court. An original
writ, issuing out of chancery, now of coarse, returnable in K. B.
or C. P. for the removaI of a replevin sued by plaint in court of
any lord,  other than  the county before the sheriff See F. N. B.
18;  Dyer, 169.

   ACCEDAS AD  VICECOMITEM, Eng. law. The name of a writ directed
to the  coroner, commanding him to deliver a writ to the sheriff,
who having a pone delivered to him, suppresses it.

         Bouvier's Law Dictionary : A1 : Page 62 of 118

   ACCEPTANCE, contracts. An agreement to receive something which
has been offered.
   2. To  complete the  contract, the acceptance must be absolute
and past recall, 10 Pick. 826;  1 Pick. 278;  and communicated to
the party  making the  offer at  the time and place appointed. 4.
Wheat. R. 225;  6 Wend. 103.
   3. In  many cases acceptance of a thing waives the right which
the party  receiving before had;  as, for example, the acceptance
of rent  after notice to quit, in general waives. the notice. See
Co. Litt. 211, b;  Id. 215, a.;  and Notice to quit.
  4. The acceptance may be express, as when it is openly declared
by the  party to  be bound by it;  or implied, as where the party
acts as  if he had accepted. The offer, and acceptance must be in
some medium  understood by,  both parties;   it  may be language,
symbolical, oral  or written.  For example, persons deaf and dumb
may contract by symbolical or written language. At auction sales,
the contract, generally symbolical;  a nod, a wink, or some other
sign by  one party,  imports that he makes an offer, and knocking
down a  hammer by the other, that he agrees to it. 3 D. & E. 148.
This subject  is further considered under the articles Assent and
Offer, (q v.)
  5. Acceptance of a bill of exchange the act by which the drawee
or other  person evinces  his assent  or intention to comply with
and be  bound by,  the request contained in a bill of exchange to
pay the  same;  or in other words, it is an engagement to pay the
bill when  due. 4  East, 72, It will be proper to consider, 1, by
whom the  acceptance ought to be made;  2, the time when it is to
be made;   3,  the form  of the  acceptance;   4, its  extent  or
   6. -  1. The acceptance must be made by the drawee himself, or
by one  authorized by  him. On  the presentment  of a  bill,  the
holder has  a right  to insist  upon such  an acceptance  by  the
drawee as  will subject  him at  all events to the payment of the
bill, according to its tenor;  consequently such drawee must have
capacity to  contract, and  to bind  himself to pay the amount of
the bill,  or it, may be treated as dishonored. Marius, 22. See 2
Ad. & EH. N. S. 16, 17.
   7. -  2. As  to the time when, a bill ought to be accepted, it
may be  before the  bill is  drawn;   in this  case it must be in
writing;   3 Mass.  1;  or it may be after it is drawn;  when the
bill is  presented,  the  drawee  must  accept  the  bill  within
twenty-four hours  after presentment,  or it should be treated as
dishonored. Chit. Bills, 212. 217. On the refusal to accept, even
within the  twenty-four hours,  it  should  be  protested.  Chit.
Bills, 217.  The acceptance  may be made after the bill is drawn,
and before it becomes due or after the time appointed for payment
1 H.  Bl. 313;   2  Green, R.  339 ;   and  even after refusal to
accept so as to bind the acceptor.
   8. The acceptance may also be made supra protest, which is the
acceptance of  the bill,  after protest for non-acceptance by the
drawee, for  the honor  of the  drawer, or a particular endorser.
When a  bill has been accepted supra protest for the honor of one
party to  the bill,  it may be accepted supra protest, by another
individual, for  the honor  of another.  Beawes,  tit.  Bills  of
Exchange, pl. 52;  5 Campb. R. 447.

         Bouvier's Law Dictionary : A1 : Page 63 of 118

   9. -  3. As  to the  form of  the acceptance,  it  is  clearly
established it  may be  in writing  on the  bill  itself,  or  on
another paper,  4 East, 91;  or it may be verbal, 4 East, 67;  10
John. 207;  3 Mass. 1;  or it may be expressed or implied.
  10. An express acceptance is an agreement in direct and express
terms to  pay a  bill of exchange, either by the party on whom it
is drawn,  or by  some other person, for the honor of some of the
parties. It  is Usually  in the  words accepted  or accepts,  but
other express words showing an engagement to pay the bill will be
equally binding.
  11. An implied acceptance is an agreement to pay a bill, not by
direct and express terms, but by any acts of the party from which
an express  agreement may be fairly inferred. For example, if the
drawee writes  "seen," "presented,"  or any, other thing upon it,
(as the  day on  which it becomes due,) this, unless explained by
other circumstances, will constitute an acceptance.
   12. - 4. An acceptance in regard to its extent and effect, may
be either absolute, conditional, or partial.
   13. An absolute acceptance is a positive engagement to pay the
bill according    to its tenor, and is usually made by writing on
the bill  " accepted,"  and subscribing the drawee's name;  or by
merely writing  his name either at the bottom or across the bill.
Comb. 401;   Vin.  Ab. Bills  of Exchange, L 4;  Bayl. 77;  Chit.
Bills, 226  to 228. But in order to bind another than the drawee,
it is requisite his name should appear. Bayl. 78.
   14. A  conditional acceptance  is one  which will  subject the
drawee or  acceptor to the payment of the money on a contingency,
Bayl. 83,  4, 5;   Chit.  Bills, 234;   Holt's  C. N.  P. 182;  5
Taunt, 344;   1  Marsh. 186.  The holder  is not bound to receive
such an  acceptance, but  if he do receive it he must observe its
terms. 4 M.& S. 466;  2 W. C. C. R. 485;  1 Campb. 425.
   15. A partial acceptance varies from the tenor of the bill, as
where it  is made  to pay  part of  the sum for which the bill is
drawn, 1  Stra. 214;   2  Wash. C.  C. R.  485;   or to  pay at a
different time,  Molloy, b. 2, c. 10, s. 20;  or place, 4. M.& S.

   ACCEPTILATION, contracts.  In the civil law, is a release made
by a  creditor to  his debtor  of his debt, without receiving any
consideration. Ayl.  Pand. tit.  26, p.  570. It  is a species of
donation, but  not subject  to the  forms of  the latter,  and is
valid, unless  in fraud  of creditors. Merlin, Repert. de Jurisp.
h.  t.  Acceptilation  may  be  defined  verborum  conceptio  qua
creditor debitori,  quod debet,  acceptum fert;   or,  a  certain
arrangement of  words by which on the question of the debtor, the
creditor, wishing  to dissolve  the obligation,  answers that  he
admits as  received, what  in fact,  he  has  not  received.  The
acceptilation is  an imaginary  payment. Dig.  46, 4,  1 and  19;
Dig. 2, 14, 27, 9;  Inst. 3, 30, 1.

   ACCEPTOR, contracts.  The person  who agrees  to pay a bill of
exchange drawn  upon him.  There cannot be two separate acceptors
of a  bill of  exchange, e.  g. an  acceptance by the drawee, and
another for  the honor  of some  party to  the bill.  Jackson  v.
Hudson, 2 Campb. N. P. C. 447.

         Bouvier's Law Dictionary : A1 : Page 64 of 118

   2. The  acceptor of  a bill  is the  principal debtor, and the
drawer the  surety. He  is  bound,  though  he  accepted  without
consideration, and  for the  sole accommodation of the drawer. By
his acceptance  he admits  the drawer's  handwriting, for, before
acceptance  it  was  incumbent  upon  him  to  inquire  into  the
genuineness of  the drawer's  handwriting. 3  Burr. 1354;  1 Bla.
Rep. 390, S. C.;  4 Dall. 234;  1 Binn. 27, S. C. When once made,
the obligation of the acceptor is irrevocable. As to what amounts
to an  acceptance, see  ante, Acceptance;   Chitty on Bills, 242,
et. seq.;   3  Kent, Com.  55, 6;   Pothier, Traite du Contrat de
Change, premiere part. n. 44.
   3. The liability of the acceptor cannot in general be released
or discharged,  otherwise than  by payment, or by express release
or waiver,  or by  the act  of limitations.  Dougl. R.  247. What
amounts to  a waiver  and discharge  of the acceptor's liability,
must depend  on the circumstances of each particular case. Dougl.
236, 248;  Bayl. on Bills, 90;  Chitty on Bills, 249.

   ACCEPTOR SUPRA  PROTEST, in contracts, is a third person, who,
after protest  for non-acceptance by the drawee, accepts the bill
for the honor of the drawer, or of the particular endorser.
   2.  By  this  acceptance  he  subjects  himself  to  the  same
obligations as  if the bill had been directed to him. An acceptor
supra protest  has his  remedy against the person for whose honor
he accepted,  and against  all persons  who stand  prior to  that
person. If he takes up the bill for the honor of the endorser, he
stands in  the light  of an  endorsee paying  full value  for the
bill, and  has the  same remedies  to which  an endorsee would be
entitled against  all prior  parties, and  he can, of course, sue
the drawer  and endorser.,  1 Ld.  Raym. 574;   1 Esp. N. P. Rep.
112;   Bayly on  Bills, 209;   3 Kent. Com. 57;  Chitty on Bills,
312. The  acceptor supra  protest is  required to  give the  same
notice, in  order to  charge a  party, which  is necessary  to be
given by  other holders.  8 Pick.  1. 79;   1  Pet. R.  262. Such
acceptor is  not liable,  unless demand of payment is made on the
drawee, and notice of his refusal given. 3 Wend. 491.

     ACCESS,  persons.   Approach,  or  the  means  or  power  of
approaching.   Sometimes   by   access   is   understood   sexual
intercourse;   at other  times the  opportunity of  communicating
together so that sexual intercourse may have taken place, is also
called access. 1 Turn. & R. 141.
   2. In  this sense a man who can readily be in company with his
wife, is said to have access to her;  and in that case, her issue
are presumed  to be  his  issue.  But  this  presumption  may  be
rebutted by  positive evidence  that no  sexual intercourse  took
place. lb.
  3. Parents are not allowed to prove non-access, for the purpose
of  bastardizing   the  issue  of  the  wife;    nor  will  their
declarations be received after their deaths, to prove the want of
access, with  a like  intent. 1 P. A. Bro. R. App. xlviii.;  Rep.
tem. Hard.  79;  Bull. N. P. 113;  Cowp. R. 592;  8 East, R. 203;
11 East,  R. 133.  2 Munf. R. 242;  3 Munf. R. 599;  7 N. S. 553;
4 Hayw R. 221, 3 Hawks, R 623 1 Ashm. R. 269;  6 Binn. R. 283;  3
Paige's R. 129;  7 N. S. 548. See Shelf. on Mar. & Div. 711;  and

   ACCESSARY, criminal  law. He who is not the chief actor in the
perpetration of  the offence, nor present at its performance, but
is some  way concerned  therein, either  before or after the fact
  2. An accessary before the fact, is one who being absent at the
time of, the crime committed, yet procures, counsels, or commands
another to commit it. 1 Hale, P. C. 615. It is, proper to observe

         Bouvier's Law Dictionary : A1 : Page 65 of 118

that when the act is committed through the agency of a person who
has no  legal discretion nor a will, as in the case of a child or
an insane  person, the  incitor, though absent when the crime was
committed, will  be considered, not an accessary, for none can be
accessary to  the acts  of a madman, but a principal in the first
degree. Fost. 340;  1 P. C. 118.
   3. An accessary after the fact, is one who knowing a felony to
have been committed, receives, relieves, comforts, or assists the
felon. 4 Bl. Com. 37.
  4. No one who is a principal (q. v.) can be an accessary.
  5. In certain crimes, there can be no accessaries;  all who are
concerned are  principals, whether they were present or absent at
the time of their commission. These are treason, and all offences
below the  degree of  felony. 1 Russ. 21, et seq.;  4 Bl. Com. 35
to 40;   1  Hale, P. C. 615;  1 Vin. Abr. 113;  Hawk. P. C. b. 2,
c. 29, s. 16;   such is  the English Law.  But  whether it is law
in the  United States appears not to be determined as regards the
cases of  persons assisting  traitors. Serg.  Const. Law, 382;  4
Cranch, R. 472, 501;  United States v. Fries, Parnphl. 199.
   6. It  is evident  there can  be no accessary when there is no
principal;   if a  principal in a transaction be not liable under
our laws, no one can be charged as a more accessary to him. 1 W.&
M. 221.
   7. By the rules of the common law, accessaries cannot be tried
without their  consent, before  the principals.  Foster, 360. The
evils resulting  from this  rule, are stated at length in the 8th
vol. of Todd's Spencer, pp. 329, 330.

   ACCESSION, property.  The ownership  of a thing, whether it be
real or personal, movable or immovable, carries with it the right
to all that the thing produces, and to all that becomes united to
it, either  naturally or  artificially;  this is called the right
of accession.
   2. -1.  The doctrine  of property  arising from  accession, is
grounded on the right of occupancy.
   3. -  2. The  original owner  of any  thing which  receives an
accession by  natural   or artificial  means, as by the growth of
vegetables, the  pregnancy of  animals;   Louis. Code,  art. 491;
the embroidering  of cloth,  or the  conversion of  wood or metal
into vessels  or utensils, is entitled to his right of possession
to the property of it, under such its state of improvement;  5 H.
7, 15;   12  H. 8, 10;  Bro. Ab. Propertie, 23;  Moor, 20;  Poph.
88. But  the owner  must be  able to  prove the  identity of  the
original materials;   for  if wine, oil, or bread, be made out of
another man's  grapes, olives,  or wheat,  they belong to the new
operator, who  is  bound  to  make  satisfaction  to  the  former
proprietor for  the materials  which he  has so  converted. 2 Bl.
Com. 404;   5  Johns. Rep. 348;  Betts v. Lee, 6 Johns. Rep. 169;
Curtiss v.  Groat, 10 Johns. 288;  Babcock v. Gill, 9 Johns. Rep.
363;   Chandler v.  Edson, 5  H. 7, 15;  12 H. 8, 10;  Fits. Abr.
Bar. 144;   Bro.  Abr. Property, 23;  Doddridge Eng. Lawyer, 125,
126,  132,   134.  See  Adjunction;    Confusion  of  Goods.  See
Generally, Louis. Code, tit. 2, c. 2 and 3.

   ACCESSION, international  law, is  the absolute or conditional
acceptance  by  one  or  several  states,  of  a  treaty  already
concluded between  one or  several states,  of  a  traty  already
concluded between other sovereignties. Merl. Rep. mot Accession.

         Bouvier's Law Dictionary : A1 : Page 66 of 118

   ACCESSORY, property.  Everything which  is joined  to  another
thing, as  an ornament,  or to  render it  more  perfect,  is  an
accessory, and  belongs to  the principal thing. For example, the
halter of  a horse,  the frame of a picture, the keys of a house,
and the  like;   but a  bequest of  a house  would not  carry the
furniture in  it, as  accessory to  it. Domat, Lois Civ. Part. 2,
liv. 4,  tit. 2,  s. 4, n. 1. Accesiorium non ducit, sed sequitur
principale. Co.  Litt. 152,  a. Co.  Litt. 121, b. note (6). Vide
Accession;  Adjunction;  Appendant;  Appurtenances;  Appurtenant;

   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.
   2. It  is a general rule, that payment of the debt due, or the
performance of  a thing  required to be performed by the first or
principal  contract,  is  a  full  discharge  of  such  accessory
obligation. Poth.  Ob. part. 1, c. 1, s. 1, art. 2, n. 14. Id. n.
182, 186. See 8 Mass. 551;  15 Mass. 233;  17 Mass. 419;  4 Pick.
11;  8 Pick. 522.
   3. An  accessory agreement  to guaranty  an original contract,
which is void, has no binding effect. 6 Humph. 261.

ACCIDENT. The  happening of  an event  without the concurrence of
the will  of the  person by  whose agency  it was  caused or  the
happening of an event without any human agency;  the burning of a
house in  consequence of  a fire  being  made  for  the  ordinary
purpose of  cooking or warming the house, which is an accident of
the first kind;  the burning of the same house by lightning would
have been  an accident  of the  second kind.  1 Fonb. Eq. 374, 5,
   2. It frequently happens that a lessee covenants to repair, in
which case  he is bound to do so, although the premises be burned
down without  his fault.  1 Hill.  Ab. c.  15, s.  76. But  if  a
penalty be  annexed to  the covenant,  inevitable  accident  will
excuse the  former, though not the latter. 1 Dyer, 33, a. Neither
the landlord  nor the  tenant is  bound to rebuild a house burned
down, unless  it has been so expressly agreed. Amb. 619;  1 T. R.
708;   4-Paige, R.  355;   6 Mass.  R. 67;   4 M'Cord, R. 431;  3
Kent, Com. 373.
  3. In New Jersey, by statute, no action lies against any person
on the  ground that  a fire  began in a house or room occupied by
him, if  accidental. But  this does not affect any covenant. 1 N.
J. Rev. C. 216.

   ACCIDENT,  practice.  This  term  in  chancery  jurisprudence,
signifies such  unforeseen events,  misfortunes, losses,  acts or
omissions, as  are not the result of any negligence or misconduct
in the party. Francis' Max. M. 120, p. 87;  1 Story on Eq. §78.
   Jeremy defines  it as  used in  courts of  equity, to  be " an
occurrence in  relation to  a contract, which was not anticipated
by the  parties, when  the same was entered into, and which gives
an undue  advantage to  one of  them over the other in a court of
law." Jer. on Eq. 358. This definition is objected to, because as
accident may arise in relation to other things besides contracts,
it is  inaccurate in  confining accidents to contracts;  besides,
it does not exclude cases of unanticipated occurrences, resulting
from the  negligence or misconduct of the party seeking relief. 1
Story on Eq. § 78, note 1.

         Bouvier's Law Dictionary : A1 : Page 67 of 118

  2. In general, courts of equity will relieve a party who cannot
obtain justice  in consequence of an accident, which will justify
the interposition  of a  court of  equity. The jurisdiction being
concurrent, will  be maintained  only, first, when a court of law
cannot grant  suitable relief;  and, secondly, when the party has
a conscientious title to relief.
   3. Many accidents are redressed in a court of law;  as loss of
deeds, mistakes  in receipts and accounts, wrong payments, death,
which makes it impossible to perform a condition literally, and a
multitude of  other contingencies;   and many cannot be redressed
even in  a court  of equity;  is if by accident a recovery is ill
suffered, a contingent remainder destroyed, or a power of leasing
omitted in a family settlement. 3 Bl. Comm. 431. Vide, generally,
Com. Dig.  Chancery, 3 F 8;  1 Fonb. Eq. B. 1, c. 3, s. 7;  Coop.
Eq. PI.  129;   1 Chit. Pr. 408;  Harr. Ch. Index, h. t.;  Dane's
Ab. h. t.;  Wheat. Dig. 48;  Mitf. Pl. Index, h. t.;  1 Madd. Ch.
Pr. 23;  10 Mod. R. 1, 3;  3 Chit. Bl. Com. 426, n.

   ACCOMENDA, mar. law. In Italy, is a contract which takes place
when an  individual entrusts personal property with the master of
a vessel,  to be  sold for their joint account. In such case, two
contracts take  place;   first, the  contract called mandatum, by
which the owner of the property gives the master power to dispose
of it,  and the  contract of partnership, in virtue of which, the
profits are  to be  divided between them. One party runs the risk
of losing  his capital, the other his labor. If the sale produces
no more than first cost, the owner takes all the proceeds;  it is
only the profits which are to be divided. Emer. on Mar. Loans, B.

   ACCOMODATION, com.  law. That which is done by one merchant or
other person  for the  convenience of some other, by accepting or
endorsing his paper, or by lending him his notes or bills.
   2. In general the parties who have drawn, endorsed or accepted
bills or other commercial paper for the accommodation, of others,
are, while in the hands of a holder who received them before they
became due,  other than  the person for whom the accomodation was
given, responsible  as if  they had  received full  value.  Chit.
Bills, 90;  91. See 4 Cranch, 141;  1 Ham. 413;  7 John. 361;  15
John. 355,  17 John.  176;   9 Wend. 170;  2 Whart. 344;  5 Wend.
566;   8 Wend.  437;  2 Hill, S. C. 362;  10 Conn. 308;  6 Munfd.

   ACCOMMODATION, contracts. An amicable agreement or composition
between two  contending  parties.  It  differs  from  accord  and
satisfaction, which  may take place without any difference having
existed between the parties.

   ACCOMPLICE, crim.  law. This term includes in its meaning, all
persons who have been concerned in the commission of a crime, all
particepes crimitis,  whether they are considered in strict legal
propriety, as principals iu the first or second degree, or merely
as accessaries before or after the fact. Foster, 341;  1 Russell,
21;   4 Bl.  Com. 331;   1 Phil. Ev. 28;  Merlin, Repertoire, mot
Complice. U. S. Dig. h. t.
   2. But  in another sense, by the word accomplice is meant, one
who not  being a  principal, is  yet in some way concerned in the
commission of  a crime.  It has  been questioned, whether one who
was an  accomplice to  a suicide can be punishhed as such. A case
occurred in  Prussia where  a soldier,  at  the  request  of  his
comrade, had  cut the  latter in  pieces;   for this he was tried
capitally. In  the year 1817, a young woman named Leruth received
a recompense  for aiding  a man to kill himself. He put the point

         Bouvier's Law Dictionary : A1 : Page 68 of 118

of a bistouri on his naked breast, and used the hand of the young
woman to  plunge it  with greater  force into his bosom;  hearing
some noise  he ordered  her away. The man receiving effectual aid
was soon  cured of  the wound  which had been inflicted;  and she
was tried  and convicted  of  having  inflicted  the  wound,  and
punished   by ten  years' imprisonment. Lepage, Science du Driot,
ch. 2  art. 3,  §5. The case of Saul, the king of Israel, and his
armor bearer,  (1 Sam.  xxxi. 4,) and of David and the Amelekite,
(2 Sam. i. 2-16,) will doubtless occur to the reader.

   ACCORD, in  contracts. A  satisfaction agreed upon between the
party injuring  and the  party injured, which when performed is a
bar to  all actions  upon this account. 3 Bl. Com. 15;  Bac. Abr,
  2. In order to make a good accord it is essential: -
   1. That  the accord  be legal. An agreement to drop a criminal
prosecution as a satisfaction for an assault and imprisonment, is
void. 5 East, 294. See 2 Wils. 341 Cro. Eliz. 541.
   3. -  2. It  must be  advantageous to  the contracting  party;
hence restoring  to the  plaintiff his  chattels, or his land, of
which the  defendant has wrongfully dispossessed him, will not be
any consideration  to support  a promise  by the plaintiff not to
sue him  for those  injuries. Bac.  Abr. Accord, &c. A;  Perk. s.
749;  Dyer, 75;  5 East, R. 230;  1 Str. R. 426;  2 T. R. 24;  11
East, R.  390;  3 Hawks, R. 580;  2 Litt. R. 49;  1 Stew. R. 476;
5 Day,  R. 360;  1 Root, R. 426;  3 Wend. R. 66;  1 Wend, R. 164;
14 Wend. R. 116;  3 J. J. Marsh. R. 497.
   4. -  3. It  must be  certain;   hence an  agreement that  the
defendant  shall   relinquish  the   possession  of  a  house  in
satisfaction, &c., is not valid, unless it is also agreed at what
time it  shall be  relinquished. Yelv.  125. See  4 Mod.  88;   2
Johns. 342;  3 Lev. 189.
   6. -  4. The  defendant must  be privy  to  the  contract.  If
therefore the  consideration for  the promise not to sue proceeds
from another,  the defendant  is a stranger to the agreement, and
the circumstance that the promise has been made to him will be of
no avail.  Str. 592;  6, John. R. 37;  3 Monr. R. 302 but in such
case equity  will grant  relief by injunction. 3 Monr. R. 302;  5
East, R.  294;   1 Smith's R. 615;  Cro. Eliz. 641;  9 Co. 79, b;
3 Taunt. R. 117;  5 Co. 117, b.
  6. - 5. The accord must be executed. 5 Johns. R. 386;  3 Johns.
Cas. 243;   16  Johns. R.  86;  2 Wash. C. C. R. 180;  6 Wend. R.
390;  5 N. H. Rep. 136;  Com. Dig. Accord, B 4.
  7. Accord with satisfaction when completed has two effects;  it
is a  payment of  the debt;   and  it is a species of sale of the
thing given  by the debtor to the creditor, in satisfaction;  but
it differs  from it  in this,  that it  is not  valid  until  the
delivery of  the article,  and there  is no warranty of the thing
thus sold,  except perhaps  the title;  for in regard to this, it
cannot be  doubted, that  if the  debtor gave  on an  accord  and
satisfaction  the   goods  of   another,  there   would   be   no
satisfaction. See Dation, en paiement.
   See in  general Com.  Dig. h.  t.;  Bac. Ab. h. t.;  Com. Dig.
Pleader, 2  V 8;   5 East, R. 230;  4 Mod. 88 ;  1 Taunt. R. 428;
7 East,  R. 150;  1 J. B. Moore, 358, 460;  2 Wils. R. 86;  6 Co.
43, b;   3  Chit. Com.  Law, 687 to 698;  Harr. Dig. h. t.;  1 W.
Bl. 388;   2  T. R.  24;   2 Taunt. 141;  3 Taunt. 117;  5 B.& A.
886;   2 Chit.  R. 303  324;   11 East,  890;   7 Price,  604;  2
Greenl. Ev.  § 28;   1  Bouv. Inst.  n. 805;   3  Bouv. Inst.  n.
2478-79-80-81. Vide Discharge of Obligations.

         Bouvier's Law Dictionary : A1 : Page 69 of 118

   ACCOUCHEMENT. The  act of  giving birth  to  a  child.  It  is
frequently important  to prove  the filiation  of an  individual;
this may  be done  in several  ways. The fact of the accouchement
may be  proved by the direct testimony of one who was present, as
a physician, a midwife, or other person. 1 Bouv. Inst. u. 314.

   ACCOUNT, remedies.  This is  the name of a writ or action more
properly called account render.
   2. It  is applicable  to the,  case of an unliquidated demand,
against a  person who  is chargeable  as bailiff or receiver. The
use of  it, is  where the  plaintiff wants  an account and cannot
give evidence  of his  right without  it.  5  Taunt.  431  It  is
necessary. where  the receipt  was directed  to  a  merchandising
which makes  all uncertainty of the nett remain, till the account
is finished;  or where a man is charged as bailiff, whereupon the
certainty of  his receipt  appears not  till account.  Hob. 209.;
See also 8 Cowen, R. 304;  9 Conn. R. 556;
2 Day,  R. 28;  Kirby, 164;  3 Gill & John. 388;  3 Verm. 485;  4
Watts, 420;   8  Cowen, 220.  It is also the proper remedy by one
partner against  another. 15 S. & R. 153 3 Binn. 317;  10 S. & R.
220;  2 Conn. 425;  4 Verm. 137;  1 Dall. 340;  2 Watts 86.
  3. The interlocutory judgment in this action is (quod computet)
that the defendant render an account upon which judgment auditors
are assigned  to him  to hear  and report  his  account.  (See  I
Lutwych, 47;   3  Leon. 149,  for precedents)  As  the  principal
object of  the action is to compel a settlement of the account in
the first  instance, special  bail cannot  be demanded,  (2 Roll.
Rep. 53;   2  Keble, 404,) nor are damagos awarded upon the first
judgment, nor  given  except  ratione  interplacitationis,  (Cro.
Eliz. 83;  5 Binn. 664;  24 Ed. 3. 16;
18 Ed.  3. 55;   Reg.  Brev. 136  b,) although  it  is  usual  to
conclude the  count with  a demand of damages. (Lib. Int. fo. 16.
fo. 20;   1  Lutw. 51.  58;  2 H. 7. 13.) The reason assigned for
this rule,  is, that it may be the defendant will not be found in
arrears after  he has  accounted, and the court cannot know until
the settlement  of the  account whether  the plaintiff  has  been
endamaged or not. 7 H. 6. 38.
  4. This action combines the properties of a legal and equitable
action. The  proceedings up  to the  judgment quod  computet, and
subsequent to  the account reported by the auditors are conducted
upon the  principles of  the common law. But the account is to be
adjusted upon  the most  liberal principles  of equity  and, good
faith. (Per  Herle, Ch. J. 3 Ed. 3. 10.) The court it is said are
judges of the action - the auditors of the account, Bro. Ab. Ace.
48, and both are judges of record, 4 H. 6. 17;  Stat. West. 2. c.
11. This  action has  received extension in Pennsylvania. 1 Dall.
339, 340.
  5. The fist judgment (quod computet) is enforeed by a capias ad
computandum  where   defendant  refuses   to  appear  before  the
auditors, upon  which he  may be  held to  bail, or in default of
bail be  made to  account in  prison.  The  final  judgment  quod
recuperet is enforeed by fi. fa. or such other process as the law
allows for the recovery of debts.
   6. If the defendant charged as bailiff is found in surplusage,
no judgment oan be entered thereon to recover the amount so found
in his  favor against  the plaintiff,  but as  the  auditors  are

         Bouvier's Law Dictionary : A1 : Page 70 of 118

judges of  record, he  may bring  an action  of debt,  or by some
authorities a  sci. fac.  against the  plaintiff, whereon  he may
have judgment and execution against the plaintiff. See Palm. 512;
2 Bulst.  277-8;   1 Leon.  219;   3 Keble Rep. 362;  1 Roll. Ab.
599, pl. 11;  Bro. Ab. Acc. 62;  1 Roll. Rep. 87. See Bailiff, in
account render.
   7. In  those states  where they  have courts of chancery, this
action is  nearly superseded  by the better remedy which is given
by a  bill in  equity, by  which the  complainant  can  elicit  a
discovery of  the acts from the defendant under his oath, instead
of relying  merely on  the evidence  he may be able to produce. 9
John. R. 470;  1 Paige, R. 41;  2 Caines' Cas. Err. 38, 62;  1 J.
J. Marsh. R. 82;  Cooke, R. 420;  1 Yerg. R. 360;  2 John. Ch. R.
424;  10 John. R. 587;  2 Rand. R. 449;  1 Hen. & M9;  2 M'Cord's
Ch. R. 469;  2 Leigh's R. 6.
   8. Courts of equity have concurrent jurisdiction in matters of
account with  courts of law, and sometimes exclusive jurisdiction
at least  in some  respects: For  example;   if  a  plaintiff  be
entitled to  an account,  a court  of equity  will  restrain  the
defendant from  proceeding in  a claim,  the correctness of which
cannot be  ascertained until the account be taken;  but not where
the subject  is a  matter of set-off. 1 Sch. & Lef. 309;  Eden on
Injunct. 23, 24.
  9. When an account has voluntarily been stated between parties,
an action of assumpsit may be maintained thereon. 3 Bl. Com. 162;
8 Com.  Dig. 7;   1  Com. Dig.  180;  2 Ib. 468;  1 Vin. Ab. 135;
Bac. Ab.  h. t.;   Doct. Pl. 26;  Yelv. 202;  1 Supp. to Ves. Jr,
117;   2 Ib.  48, 136.  Vide 1  Binn. R.  191;   4 Dall.  R. 434;
Whart. Dig.  h. t. ;  3 Wils. 73, 94;  8 D.& R. 596;  Bull. N. P.
128;  5 Taunt. 431;  U. S. Dig. h. t.;  2 Greenl. Ev. § 34-39.

   ACCOUNT, practice. A statement of the receipts and payments of
an executor,  administrator, or  other  trustee,  of  the  estate
confided to him.
  2. Every one who administers the affairs of another is required
at the  end of  his administration  to render  an account  of his
management of  the same.  Trustees of  every description  can, in
general, be  compelled by  courts of chancery to settle accounts,
or otherwise  fully execute  their trusts.  Where  there  are  no
courts of chancery, the courts of common law are usually invested
with power  for the  same purposes by acts of legislation. When a
party has  had the  property of  another as  his agent, he may be
compelled at  common law  to account  by  an  action  of  account
   3. An account is also the statement of two merchants or others
who have  dealt together,  showing the debits and credits between

   ACCOUNT-BOOK. A  book kept by a merchant, trader, mechanic, or
other person,  in  which  are  entered  from  time  to  time  the
transactions of  his trade  or  business.  Vide  Books;    Entry;
Original entry.

   ACCOUNT CURRENT. A running or open account between two persons.

   ACCOUNT IN  BANK, com. law. 1: A fund which merchants, traders
and others  have deposited  into the common cash of some bank, to
be drawn  out by  checks from  time  to  time  as  the  owner  or
depositor may  require. 2.  The statement of the amount deposited
and drawn,  which is  kept in  duplicate, one  in the depositor's
bank book, and the other in the books of the bank.

         Bouvier's Law Dictionary : A1 : Page 71 of 118

ACCOUNT STATED. The settlement of an account between the parties,
by which  a balance  is struck in favor of one of them, is called
an account stated.
   2. An  acknowledgnaent of  a single  item of debt due from the
defendant to the plaintiff is sufficient to support a count on an
account stated. 13 East, 249;  5 M.& S. 65.
   3. It is proposed to consider, 1st, by whom an account may, be
stated;   2d, the  manner  of  stating  the  account;    3d,  the
declaration upon such, an account;  4th, the evidence.
  4. 1. An account may be stated by a man and his wife of the one
part, and a third person;  and unless there is an express promise
to pay  by the  hushand, Foster  v. Allanson,  2 T.  R. 483,  the
action must  be brought against hushand and wife. Drue v. Thorne,
Aleyn, 72. A plaintiff cannot recover against a defendant upon an
account stated  by him, partly as administrator and partly in his
own private  capacity. Herrenden  v.  Palmer,  Hob.  88.  Persons
wanting a  legal capacity  to make a contract cannot, in general,
state an  account;  as infants, Truman v. Hurst, 1 T. R. 40;  and
persons non compos mentis.
   5. A  plaintiff may  recover on  an account  stated  with  the
defendant, including debts due from the defendant alone, and from
the  defendant  and  a  deceased  partner  jointly.  Riebards  v.
Heather, 1  B.& A.  29, and  see Peake's  Ev. 257.  A  settlement
between partners, and striking a balance, will enable a plaintiff
to maintain  an action on such stated account for the balance due
him, Ozeas  v. Johnson,  4 Dall.  434;  S. C. 1 Binn. 191;  S. P.
Andrews v.  Allen, 9  S. & R. 241;  and see Lamelere v Caze, 1 W.
C.C.R. 435.
   6. -  2. It  is sufficient,  although the account be stated of
that which  is due  to the  plaintiff  only  without  making  any
deduction for  any counter-claim  for the  defendant,  Styart  v.
Rowland, 1  Show. 215.  It is  not essential that there should be
cross  demands  between  the  parties  or  that  the  defendant's
acknowledgment that  a certain  sum  was  due  from  him  to  the
plaintiff,  should   relate  to  more  than  a  single  debt,  or
transaction. 6  Maule &  Selw. 65;   Knowles et al. 13 East, 249.
The acknowledgment  by the  defendant that  a certain sum is due,
creates  an  implied  promise  to  pay  the  amount.  Milward  v.
Ingraham, 2 Mod. 44;  Foster v. Allanson, 2 T. R. 480.
   7. -  3. A  count on  an account  stated is  almost invariably
inserted in  declarations in  assumpsit for  the  recovery  of  a
pecuniary demand.  See form,  1 Chit.  PI. 336.  It is advisable,
generally, to  insert such  a count, Milward, v. Ingraham, 2 Mod.
44;   Trueman v. Hurst, 1 T. R. 42;  unless the action be against
persons who  are incapable  in law to state an account. It is not
necessary to  set forth  the subject-matter of the original debt,
Milward v. Ingraham, 2 Mod. 44;  nor is the sum alleged to be due
material. Rolls v. Barnes, 1 Bla. Rep. 65;  S. C. 1 Burr. 9.
   8. -  4. The  count upon  an account  stated, is  supported by
evidence of  an acknowledgment  on the  part of  the defendant of
money due to the plaintiff, upon an account between them. But the
sum must  have been  stated between  the  parties;    it  is  not
sufficient that  the balance  may  be  deduced  from  partnership
books. Andrews  v. Allen,  9 S.&.  R. 241.  It is  unnecessary to
prove the  items of which the account consists;  it is sufficient
to prove  some existing  antecedent debt  or demand  between  the
parties respecting  which an account was stated, 5 Moore, 105;  4

         Bouvier's Law Dictionary : A1 : Page 72 of 118

B.& C.  235, 242;   6  D.& R. 306;  and that a balance was struck
and agreed  upon;   Bartlet v.  Emery, 1  T. R.  42, n;   for the
stating of the account is the consideration of the promise. Bull.
N. P.  129. An  account stated  does not alter the original debt;
Aleyn, 72;   and  it seemsnot  to be conclusive against the party
admitting the  balance against him. 1 T. R. 42. He would probably
be allowed to show a gross error or mistake iu the account, if he
could adduce  clear evidence  to that  effect. See 1 Esp. R. 159.
And see  generally tit. Partner's;  Chit. Contr. 197;  Stark. Ev.
123;  1 Chit. Pl. 343.
   9. In  courts of  equity when  a bill  for an account has been
filed, it  is a  good defence  that the  parties have  already in
writing stated  and adjusted the items of the account, and struck
a balance;   for  then an  action lies  it law,  and there  is no
ground for  the interference  of a  court of equity. 1 Atk. 1;  2
Freem. 62;   4  Cranch, 306;  11 Wheat. 237;  9 Ves. 265;  2 Bro.
Ch. R. 310;  3 Bro. Ch. R. 266;  1 Cox, 435.
   10. But  if there  has been  any mistake,  ommision, fraud, or
undue advantage, by which the account stated is in fact vitiated,
and the  balance incorrectly  fixed, a  court of equity will open
it, and  allow it  to be  re-examined;   and where there has been
gross fraud  it will  direct the  whole account to be opened, and
examined de  novo. Fonbl.  Eq. b.  1, c. 1 §3, note (f);  1 John.
Ch. R. 550.
   11. Sometimes  the court will allow the account to stand, with
liberty to the plaintiff to surcharge and falsify it;  the effect
of this  is, to  leave the  account in full force and vigor, as a
stated account,  except so  far as  it can  be  impugned  by  the
opposing party.  2 Ves.  565;   11 Wheat. 237. See Falsification;

   ACCOUNT OF  SALES. comm.  law. An  account  delivered  by  one
merchant  or  tradesman  to  another,  or  by  a  factor  to  his
principal, of the disposal, charges, commissions and net proceeds
of certain  merchandise consigned  to such merchant, tradesman or
factor, to be sold.

   ACCOUNTANT. This word has several significations: 1. One who is
versed in accounts;  2. A person or officer appointed to keep the
accounts of a public company;  3. He who renders to another or to
a court  a just  and detailed  statement of the administration of
property which  he holds  as trustee,  executor, admnistrator  or
guardian. Vide 16 Vin. Ab. 155.

   ACCOUPLE. To accouple is to marry. See Ne unquas accouple.

   TO ACCREDIT,  international law. The act by which a diplomatic
agent is  acknowledged by  the government  near which he is sent.
This at  once makes  his public  character known, and becomes his

   ACCRETION. The  increase of land by the washing of the seas or
rivers. Hale,  De Jure Maris, 14. Vide Alluvion;  Avulsion.

   TO ACCRUE.  Literally to  grow to;  as the interest accrues on
the principal.
Accruing costs  are those  which become due and are created after
judgment of an execution.
  2. - To accrue means also to arise, to happen, to come to pass;
as the statute of limitations does not commence running until the
cause of action has accrued. 1 Bouv. Inst. n. 861;  2 Rawle, 277;
10 Watts, 363;  Bac. Abr. Limitation of Actions, D 3.

   ACCUMULATIVE JUDGMENT.  A second  or additional judgment given

         Bouvier's Law Dictionary : A1 : Page 73 of 118

against one,  who has  been convicted, the execution or effect of
which is  to commence  after the  first has expired;  as, where a
man is  sentenced to an imprisonment for six months on conviction
of larceny,  and, afterwards  he is convicted of burglary, he may
be sentenced  to undergo an imprisonment for the latter crime, to
commence after the expiration of the first imprisonment;  this is
called an accumulative jufgment.

   ACCUSED. One who is charged with a crime or misdemeanor.

   ACCUSATION, crim.  law. A  charge made  to a competent officer
against one  who has committed a crime or misdemeanor, so that he
may be brought to justice and punishment.
   2. A  neglect to  accuse may  in some  cases be  consicleied a
misdemeanor, or  misprision. (q. v.) 1 Bro. Civ. Law, 247;  2 Id.
389;  Inst. lib. 4, tit. 18.
   3. It  is a rule that no man is bound to accuse himself, or to
testify against  himself in  a criminal  case. Accusare  nemo  se
debet nisi coram Deo. Vide Evidence;  Interest;  Witness.

   ACCUSER. One who makes an accusation.

   ACHAT. This  French word  signifies a  purchase. It is used in
some of  our law books, as well as achetor, a purchaser, which in
some ancient statutes means purveyor. Stat. 36 Edw. III.

   ACHERSET, obsolete.  An  ancient  English  measure  of  grain,
supposed to be the same with their quarter or eight bushels.

   ACKNOWLEDGMENT, conveyancing.  The act  of the  grantor  going
before a  competent officer,  and declaring  the instrument to be
his act  or deed,  and desiring  the same to be recorded as such.
The certificate  of the  officer on  the instrument,  that such a
declaration  has   been  made   to  him,   is  also   called   an
acknowledgment. The acknowledgment or due proof of the instrument
by witnesses, must be made before it can be put upon record.
   2. Below  will be found the law of the several states relating
to the  officer before  whom the  acknowledgment  must  be  made.
Justice requires  that  credit  should  be  here  givem  for  the
valuable information  which has been derived on this subject from
Mr. Hilliard's  Abridgment of  the American Law of Real Property,
and from. Griffith's Register. Much valuable information has also
been received  on this  subject from  the correspondents  of  the
   3. Alabama. Before one of the judges of the superior court, or
any one  of the  justices of  the county  court;  Act of March 3,
1803;   or before  any one  of the superior judges or justices of
the quorum  of the  territory (state);  Act of Dec. 12, 1812;  or
before the  clerks of the circuit and county courts, within their
respective counties;   Act of Nov. 21, 1818;  or any two justices
of the  peace;   Act of Dee. 17, 1819;  or clerks of the circuit.
courts, for  deeds conveying lands anywhere in the state;  Act of
January 6,  1831;   or before  any notary public, Id, sec. 2;  or
before one  justice of  the peace;   Act  of January 5, 1836;  or
before   the clerks  of the  county courts;  Act of Feb. 1, 1839;
See Aiken's Dig. 88, 89, 90, 91, 616;  Meek's Suppl. 86.
   4. When  the acknowledgment is out of the state, in one of the
United States  or territories  thereof, it may be made before the
chief justice  or any associate judge of the supreme court of the
United States,  or any  judge or or justice of the superior court
of any state, or territory in the Union. Aiken's Dig. 89.
   5. When  it is  made out  of the United States, it may be made
before and  certified by  any court  of law, mayor or other chief
magistrate of  any city,  borough or  corporation of the kingdom,
state, nation, or colony, where it is made. Act of March 3,1803.

         Bouvier's Law Dictionary : A1 : Page 74 of 118

   6. When  a feme  covert is a grantor, the officer must certify
that she was examined "separately and apart from her said hushand
and that  on such  private examination, she acknowledged that she
signed, sealed  and delivered  the deed  as her voluntary act and
deed, freely  and without any threat, fear, or compulsion, of her
said hushand."
   7. Arkansas.  The proof  or acknowledgment  of every  deed  or
instrument of writing for the conveyance of real estate, shall be
taken by  some one  of the  following courts or officers: 1. When
acknowledged or  proven within  this state,  before  the  supreme
court, the  circuit court, or either of the judges thereof, or of
the clerk  of either  of the  said courts,  or before  the county
court, or the judge thereof, or before an justice of the peace or
notary public.
   8. -  2. When  acknowledged or  proven without this state, and
within the  United States  or their territories, before any court
of the United States, or of any state or territory having a seal,
or the  clerk of  any such court, or before the mayor of any city
or town,  or the  chief officer of any city or town having a seal
of office.
   9. - 3.When acknowledged or proven  without the United States,
before any  court of  any state, kingdom or empire having a seal,
or any  mayor or  chief officer  of any  city. or  town having an
official seal, or before any, officer of any foreign country, who
by the laws of such country, is authorized to take probate of the
conveyance of real estate of his own country, if such officer has
by law an official seal.
   10. The conveyance of any real estate by any married woman, or
the relinquishment  of her  dower in  any of  her hushand's  real
estate, shall  be authenticated,  and the  title passed,  by such
married woman  voluntarily appearing  before the  proper court or
officer, and,  in the  absence of her hushand, declaring that she
had of  her own  free will  executed the  deed or  instrument  in
question, or that she had signed and sealed the relinquishment of
dower for  the purposes  therein contained and set forth, without
any compulsion or undue influence of her hushand. Act of Nov. 30,
1837, s. 13, 21;  Rev. Stat. 190, 191.
  11. In cases of ackkowledgment or proof of deeds or conveyances
of real  estate taken  within the  United States  or  territories
thereof, when  taken before  a court or officer, having a seal of
office, such deed or conveyance shall be attested under such seal
of office;   and  if such  officer have  no seal  of office, then
under the  official signature of such officer, Idem, s. 14;  Rev.
Stat. 190.
    12.  In  all  cases  of  deeds,  and  conveyances  proven  or
acknowledged without the United States or their territories, such
acknowledgment or  proof must be attested under the official seal
of the court or officer before whom such probate is had. Idem, s.
15. 13.  Every court  or officer  that shall  take the  proof  or
acknowledgment of  any deed  or conveyance of real estate, or the
relinquishment of dower of any married woman in any conveyance of
the estate of her hushand, shall grant a certificate thereof, and
cause  such   certificate  to  be  endorsed  on  the  said  deed,
instrument,  conveyance   or  relinquishment   of  dower,   which
certificate shall  be signed  by the clerk of the court where the
probate is taken in court, or by the officer before whom the same
is taken and sealed, if he have a seal of office. Idem, s. 16.

         Bouvier's Law Dictionary : A1 : Page 75 of 118

   14. Connecticut.  In this  state, deeds  must be  acknowledged
before a  judge of  the supreme  or district  court of the United
States, or  the supreme  or superior  court, or  court of  common
pleas or county court of this state, or a notary public.
   15. When  the acknowledgment  is  made  in  another  state  or
territory of the United States, it must be before some officer or
commisioner having power to take acknowledgments there.
   16. When  made out  of the  United States  before  a  resident
American consul,  a justice  of the  peace, or  notary public, no
different form  is used,  and no  different examination of a feme
covert from  others. See  Act of 1828;  Act of 1833;  1 Hill. Ab.
c. 34, s. 82.
   17. Delaware. Before the supreme court, or the court of common
pleas of  any  county,  or  a  judge  of  either  court,  or  the
chancellor, or two justices of the peace of the same county.
  18. The certificate of an acknowledgment in court must be under
the seal of the court.
   19. A  feme covert may also make her acknowledgment before the
same officers,  who  are  to  examine  her  separately  from  her
   20. An  acknowledgment out  of the state, may be made before a
judge of any  court of the United States, the chancellor or judge
of a  court of  record, of  the said  court itself,  or the chief
officer of  a city  or borough,  the certificate  to be under the
official seal;   if  by a  judge, the  seal to  be affixed to his
certificate, or  to that  of the  clerk or  keeper of  the  seal.
Commissioners  appointed   in  other   states   may   also   take
acknowledgments. 2 Hill. Ab. 441 ;  Griff. Reg. h. t.
   21. Florida.  Deeds and  mortgages must be acknowledged within
the state  before the  officer authorized  by law  to record  the
same, or  before some judicial officers of this state. Out of the
state, but  within some  other state  or territory  of the United
States, before a commissioner of Florida, appointed under the act
passed January  24, 1831;  and where there is no commissioner, or
heis unable to attend) before the chief justice, judge, presiding
judge, or  president of  any court of record of the United States
or of any state or territory thereof having a seal and a clerk or
prothonotary.  The   certificate  must   show,  first,  that  the
acknowledgment was  taken within  the territorial jurisdiction of
the officer;   secondly,  the court  of which he is such officer.
And it  must be  accompanied by  the certificate  of the clerk or
prothonotary of  the court  of which  he  is  judge,  justice  or
president, under the seal of said court that he is duly appointed
and authorized  as such.  Out of the United States. If in Europe,
or  in   North   or   South   America,   before.   any   minister
plenipotentiary,  or   minister  extraordinary,   or  any  cbarge
d'affaires,  or   consul  of   the  United  States,  resident  or
accredited there. If in any part of Great Britain and Ireland, or
the dominions  thereeunto belonging,  before the  consul  of  the
United States,  resident or  accredited therein,  or  before  the
mayor or  other chief  magistrate of  London, Bristol, Liverpool,
Dublin or  Edinburgh, the  certificate to  be under  the hand and
seal of  the officer.In any other place out of the United States,
where there  is  no  public  minister,  consul  or  vice  consul,
commercial agent  or vice  commercial agent of the United States,

         Bouvier's Law Dictionary : A1 : Page 76 of 118

before two  subscribing witnesses and officers of such place, and
the identity  of such  civil officer  and credibility,  shall  be
certified by  a consul or vice consulof the United States, of the
government of which such place is a part.
   22. The certificate of acknowledgmeut of a married, woman must
state that  she was  examined apart  from her  hushand, that  she
executed  such  deeds,  &c.,  freely  and  without  any  fear  or
compulsion of her hushand.
   23. Georgia.  Deeds of conveyance of land in the state must be
executed in  the preseace  of two  witnesses, and proved before a
justice of  the peace, a justice of the inferior court, or one of
the judges  of the superior courts.If executed in the presence of
one witness  and a  magistrate, no  probate is required. Prince's
Dig. 162;  1 Laws of Geo. 115.
   24. When  out of the state, but in the United States, they may
be proved  by affidavit  of one or more of the witnesses thereto,
before any  governor, chief  justice, mayor, or other justice, of
either of  the United  States,  and  certified  accordingly,  and
transmitted under  the common or public seal of the state, court,
city or  place, where  the same  is  taken.  The  affidavit  must
express the place of the affidant's abode. Idem.
   25. There  is no  state law,  directing how the acknowledgment
shall be made when it is made out of the United States.
   26. By  an act of the legislature passed in 1826, the widow is
barred, of  her dower  in all lands of her deceased hushand, that
he aliens or conveys away during the coverture, except such lands
as he  acquired by  his intermarriage  with his wife;  So that no
relinquishment of  dower by  the wife  is necessary,  unless  the
lands came  to her  hushand by  her. Prince's Dig.249;  4 Laws of
Geo. 217. The magistrate should certify that the wife did declare
that freely,  and without  compulsion,  she  signed,  sealed  and
delivered the  instrument of  writing between the parties, naming
them and  that she  did renounce all title or claim to dower that
she might  claim or  be entitled  to after  death of her hushand,
(naming him.) 1 Laws of. Geo. 112;  Prince's Dig. 160.
   27. Indiana.  Before the  recorder of  the county in which the
lands may,  be situate, or one of the judges of the supreme court
of this  state, or  before one of the judges of the circuitcourt,
or some  justice of  the peace  of the  county within  which  the
estate may  be situate, before notaries public, or before probate
judges. Ind.  Rev. Stat.  c. 44,  s. 7;  Id. eh. 74;  Act of Feb.
24, 1840.
   28. All  deeds and conveyances made and executed by any person
without this  state and  brought within  it to  be recorded,  the
acknowledgment having  been lawfully  made before  any  judge  or
justice of  the peace of the proper county in which such deed may
have been made and executed, and certified under the seal of such
county by  the proper  officer, shall  be valid  and effectual in
law. Rev. Code, c. 44, s. 11 App. Jan. 24, 1831.
   29. When  ackkowledged by  a feme covert, it must be certified
that she  was examined separate and apart from her hushand;  that
the full  contents of  the deed were made known to her;  that she
did then and there declare that she had, as her own voluntary act
and deed,  signed, sealed  and executed  the said deed of her own
free will  and accord,  without any  fear or  compulsion from her
said hushand.

         Bouvier's Law Dictionary : A1 : Page 77 of 118

   30. Illinois.  Before a  judge or  justice of  the supreme  or
district courts of the United States, a commissioner authorized to
take acknowledgments, a judge or justice of the supreme, superior
or district  court of  any of the United States or territories, a
justice of  the peace, the clerk of a court of record, mayor of a
city, or  notary public;  the last three shall give a certificate
under their official seal.
   31. The  certificate must state that the party is known to the
officer, or  that his  identity has  been proved  by  a  credible
witness, naming  him. When  the  acknowledgment  is  taken  by  a
justice of  the peace  of the state, residing in the county where
the lands  lie, no  other certificate  is required  than his own;
when heresides in another county, there shall be a certificate of
the clerk of the county commissioners court of the proper county,
under seal, to his official capacity.
   32. When  the justice  of the  peace taking the acknowledgment
resides out  of the  state, there  shall be  added to  the deed a
certificate of the proper clerk, that the person officiating is a
justice of the peace.
   33. The  deed of a feme covert is acknowledged before the same
officers. The  certificate must  state that  she is  known to the
officer, or  that. her  identity has been proved by a witness who
must be  named;  that the officer informed her of the contents of
the  deed;     that  she  was  separately  examined;    that  she
acknowledged  the  execution  and  release  to  be  made  freely,
voluntarily, and without the compulsion of her hushand.
   34. When  the hushand  and wife  reside in  the state, and the
latter is  over eighteen  years of age, she may convey her lands,
with formalities substanially the same as those used in a release
of dower;   she  acknowledges the  instrument to  be her  act and
deed, and that she does not wish to retract.
   35. When  she resides  out of the state, if over eighteen, she
may join  her hushand  in any  writing relating  to lands  in the
state, in  which case  her acknowledgmeut  is the  same as if she
were a feme sole. Ill. Rev. L. 135-8;  2 Hill Ab. 455, 6.
 36.  Kentucky. Acknowledgments taken in the State must be before
the clerk of a county court, clerk of the general court, or clerk
of the  court of  appeals. 4  Litt. L. of K. 165 ;  or before two
justices of  the peace,  1 Litt.  L. of  K. 152.;   or before the
mayor of the city of Louisville. Acts of 1828, p. 219, s. 12.
   37. When  in another  state or territory of the United States,
before two  justices of  the peace,  1 Litt.  L. of  K. 152;   or
before any  court of law, mayor, or other chief magistrate of any
city, town  or corporation of the county where the grantorsdwell,
Id. 567;   or  before any  justice or  judge  of  a  superior  or
inferior court of law. Acts of 1831, p. 128.
   38. When  made out  of the  United States, before a mayor of a
city, or  consul of  the U.  S. residing  there' or,  before  the
chief, magistrate  of such  state or country, to be authenticated
in the  usual manner  such  officers  authenticate  the  official
act's. Acts of 1831, p. 128, s. 5.
   39. When  a feme covert acknowledges the deed, the certificate
must state  that she  was examined  by the  officer separate  and
apart from her hushand, that she declared that she did freely and
willingly seal  and deliver  the said  writing, and wishes not to
retract it,  and acknowledged  the said  writing again  shown and
explained to  her, to  be her act and deed, and consents that the
same may be recorded.

         Bouvier's Law Dictionary : A1 : Page 78 of 118

   40. Maine. Before a justice of the peace in this state, or any
justice of  the peace,  magistrate, or  notary public, within the
United States,  or any commissioner appointed for that purpose by
the governor  of this  state, or before any minister or cousul of
the United  States, or notary public in any foreign country. Rev.
St. t. 7, c. 91, 7;  6 Pick. 86.
   41. No  peculiar form for the certificate of acknowledgment is
prescribed;   it is  required that  the hushand join in the deed.
"The joint  deed of hushand and wife shall be effectual to convey
her real  estate, but not to bind her to any covenant or estoppel
therein." Rev. St. t. 7, c. 91, §5.
   42. Maryland.  Before two  justices of the peace of the county
where the  lands lie,  or where  the grantor  lives, or  before a
judge of  the county  court of the former county, or the mayor of
Annapolis for  Anne Arundel  county. When  the acknowledgment  is
made in another county than that in which the lands are situated,
an in  which the  party Eves, the clerk of the court must certify
under the  court  seal,  the  official  capacity  of  the  acting
justices or judge.
   43. When  the grantor  resides out  of the state, a commission
issues on,  application of  the purchaser,  and with  the written
consent of  the grantor, from the clerk of the county court where
the landlies,  to two  or more  commissioners  at  the  grantee's
residence;   any two  of whom  may take  the acknowledgment,  and
shall certify  it under  seal and  return the  commission  to  be
recorded with  the deed;   or the grantor may empower an attorney
in the state to acknowledge for him, the power to be incorporated
in the  deed, or  annexed to  it, and  proved  by  a  subscribing
witness before  the county  court, or  two justices  of the peace
where the  land lies,  or a  district judge, or the governor or a
mayor, notary  public, court or judge thereof, of the place where
it is.  executed;   in each  case the  certificate to be under an
official seal.  By the  acts of 1825, c. 58, and 1830, c. 164 the
acknowledgment in  another state  may be before a judge of the U.
S. or a judge of a court of record of the state. and county where
the grantor  may be the clerk to certify under seal, the official
character of the magristrate.
   44. By  the act of 1837, c. 97, commissioners may be appointed
by authority  of the  state, who shall reside in the other states
or territories  of the  United States  who shall be authorized to
take acknowledgment  of deeds.  The act of 1831, c. 205, requires
that the officer shall certify knowledge of the parties.
   45. The  acknowledgment of a feme covert must be made separate
and apart  from her  hushand. 2 Hill. Ab. 442;  Griff. Reg. h. t.
See also, 7 Gill & J. 480;  2 Gill. & J. 173 6 Harr. & J. 336;  3
Harr. & J.371 ;  1 Harr. & J. 178;  4 Harr. & M'H. 222.
   46. Massachusetts. Before a justice of the peace or magistrate
out of  the state.  It has been held that an American consul at a
foreign port, is a magistrate. 13 Pick. R. 523. An acknowledgment
by one of two grantors has been held, sufficient to authorize the
registration of  a  deed;    and  a  wife  need  not,  therefore,
acknowledge the  conveyance when  she joins  with her  hushand. 2
Ab. c. 34, s. 45.
   47. Michigan.  Before a  judge of  a court  of record,  notary
public, justice of the peace, or master in chancery;  and in case
of the  death of the grantor, or his departure from the state, it
may be  proved by  one of  the subscribing  witnesses before  any
court of record in the state. Rev. St. 208 Laws of 1840, p. 166.

         Bouvier's Law Dictionary : A1 : Page 79 of 118

   48, When,  the deed  is  acknowledged  out  of  the  state  of
Michigan, but  in the  United States, or an of the territories of
the U. S., it is to be acknowledged according to the laws of such
state or  territory, with  a certificate  of  the  proper  county
clerk, under  his seal  of office,  that such  deed  is  executed
according to  the laws  of  such  state  or  territory,  attached
   49. When acknowledged in a foreign country, it may be executed
according to  the laws  of such  foreign country, but, it must in
such. case,  be acknowledged  before a minister plenipotentiary ,
consul, or  charge  d'affaires  of  the  United  States  and  the
acknowledgment must  be certified  by the officer before whom the
same was taken. Laws of 1840, p. 166, sec. 2 and 3.
   50. When  the acknowledgment  is made  by a  feme covert,  the
certificate must  state that  on a  private examination  of  such
feme'  covert,   separate  and   apart  from   her  hushand,  she
acknowledged  that   she  executed   the  deed  without  fear  or
compulsion from any one. Laws of 1840, p. 167, sec. 4.
   51. Mississippi. When in the state, deeds may be acknowledged,
or proved  by one  or more  of the subscribing witnesses to them,
before any  judge of  the high  court of errors and appeals, or a
judge of  the circuit  courts, or judge of probate, and certified
by such  judge;   or before  any notary  public, or  clerk of any
court of  record. in  this state, and certified by such notary or
clerk under  the seal of his office;  How. & Hutch. c. 34, s. 99,
p. 868,  Law of  .1833 ;   or  before any justice of that county,
where the land, or any part thereof, is situated;  Ib. p. 343, s.
1 ,  Law of  1822;  or before any, member of the board of police,
in his respective county. Ib. p. 445, c. 38, s. 50, Law of 1838.
   52. When  in another  state or territory of the United States,
such deeds must be acknowledged, or proved as aforesaid, before a
judge of  the supreme  court or  of the  district courts  of  the
United States,  or before  any judge  of the  supreme or superior
court of any state or territory in the Union;  How. & Hutch. 846)
c. 34,  s. 13, Law of 1832;  or before and certified by any judge
of any  inferior or county court of record, or before any justice
of the  peace of  the state or territory and county, wherein such
person or  witness or  witnesses  may  then  be  or  reside,  and
authenticated by  the certificate of the clerk or register of the
superior county  or circuit  court of such county, with a seal of
his office thereto affixed;  or if taken before or certified by a
justice of  the peace,  shall be authenticated by the certificate
of either  the clerk  of the  Said inferior  or county  court  of
record of  such county,  with the  seal  of  his  office  thereto
affixed. Laws of Mississippi, Jan. 27, 1841, p. 132.
   53. When  out of  the United  States, such  acknowledgment, or
proof as,  afore said,  must be  made before  an court of law, or
mayor,  or  other  chief  magistrate  of  any  city,  borough  or
corporation of such foreign kingdom, state, nation, or colony, in
which the  said parties  or witnesses  reside;   certified by the
court, mayor,  or chief  magistrate, in  a manner  such acts  are
usually authenticated  by him.  How. &  Hutch, 346, c. 34, s. 14,
Law of 1822.

         Bouvier's Law Dictionary : A1 : Page 80 of 118

  54. When made by a feme covert, the certificate must state that
she made previous acknowledgment, on a private examination, apart
from her  hushand before  the proper officer, that she sealed and
delivered the same as her act and deed, freely, without any fear,
threat or compulsion of her hushand. How. & Hutch. 347, c. 34, s.
19, Law of 1822.
  55. Missouri. In the state, before some court having a seal, or
some judge,  justice or  clerk thereof, or a justice of the peace
in the county where the land lies. Rev. Code, 1835, §8, p. 120.
   56. Out  of the  state, but  in the  United States, before any
court of  the United States, or of any state or territory, having
a seal, or the clerk thereof. Id. cl. 2.
   57. Out  of the  United States, before any court of any state,
kingdom or  empire having a seal, or the mayor of any city having
an official seal.
   58. Every  court or  officer taking the acknowledgment of such
instrument or  relinquishment of dower or the deed of the wife of
the hushand's  land, shall endorse a certificate thereof upon the
instrument;   when made  before a  court, the  certificate  shall
beunder its  seal;  if by a clerk, under his band and the seal of
the court;  when before an officer having an official seal, under
his hand  and seal;  when by an officer having no seal, under his
hand. The  certificate must  state thatthe  party was  personally
known to  the judge  or other officer as the signer, or proved to
be such  by two credible witnesses. Misso. St. 120-122 ;  2 Hill.
Ab. 453;  Griff. h. t.
  59. When the acknowledgment is made by a feme covert, releasing
her dower, the certificate must statethat she is personally known
to a  judge of  the court, or the officer before whom the deed is
acknowledged, or  that, her  identity was  proved by two credible
witnesses;   it must  also state  that she  was informed  of  the
contents of  the deed;   that  it was  acknowledged separate  and
apart from  her hushand;   that  she releases  her  dower  freely
without compulsion  or undue  conveyance of  her own  lands,  the
acknowledgment may  be made  before any  court authorized to take
acknowledgments. It  must be  done as  in the cases of release of
dower, and have a similar certificate. Ib.
   60. New  Hampshire. Before  a justice of the peace or a notary
public;   and the acknowledgment of a deed before a notary public
in another  state is good. 2 N. H. Rep. 420 2 Hill. Ab. c. 34, s.
   61. New Jersey. In the state, before the chancellor, a justice
of the  supreme court  of this  state, a master in chancery, or a
judge of  any inferior court of common pleas, whether in the same
or a different county;  Rev. Laws, 458, Act of June 7, 1799 ;  or
before a commissioner for taking the acknowledgments or proofs of
deeds, two  of whom  are appointed  by the  legislature  in  each
township, who are authorized to take acknowledgments or proofs of
deeds in  any part  of the  state. Rev. Laws, 748, Act of June 5,
   62. In another state or territory of the United States, before
a judge  of the supreme court of the United States, or a district
judge of  the United  States, or  any judge  or  justice  of  the
supreme or  superior court of any state in the Union;  Rev. Laws,
459, Act  of June  7, 1799;   or  before a  mayor or  other chief
magistrate of  any city in any other state or territory of the U.
S., and  duly certified under the seal of such city;  or before a
judge of any, superior
court, or court of common pleas of any state or territory;  when,

         Bouvier's Law Dictionary : A1 : Page 81 of 118

taken before  a judge  of a  court of  common pleas,  it must  be
accompanied by  a certificate  under the great seal of the state,
or the  seal of  the county court in which it is made, that he is
such officer;   Rev. Laws, 747, Act of June 5, 1820;  or before a
commissioner appointed by the overnor, who resides in such state;
Harr. Comp.  158, Act  of December  27, 1826;  two of whom may be
appointed for  each of  the States  of New York and Pennsylvania.
Elmer's Dig. Act of Nov. 3, 1836.
   63. When made out of the United States, the acknowledgment may
be before any court of law, or mayor,-or other magistrate, of any
city, borough  or corporation of a foreign kingdom, state, nation
or colony,  in which  the party or hiswitnesses reside, certified
by the  said court,  mayor, or chief magistrate, in the manner in
which such acts are usually authenticated by him. Rev. Laws, 459,
Act of  June 7,  1799. The  certificate. in  all cases must state
that the  officer who  makes it, first made known the contents of
the deed to the person making the acknowledgment, and that he was
satisfied such  person was the grantor mentioned in the deed.Rev.
Laws, 749, Act of June 5, 1820.
   64. When  the acknowledgment  is made  by a  feme covert,  the
certificate must  state that on a private examination, apart from
her  hushand,   before  a   proper  officer,   (ut  supra,)   she
acknowledged that  she signed, sealed, and delivered the deed, as
her voluntary  act and deed, freely, without any fear, threats or
compulsion of her hushand. Rev. Laws, 459, Act of June 7, 1799..
   65. New  York. Before the chancellor or justice of the supreme
court, circuit  judge, supreme  court commissioner,  judge of the
county court,  mayor or  recorder of  a city, or, commissioner of
deeds;   a couuty  judge or  commissioner of  deeds for a city or
county, not to act out of the same.
   66. When the party resides in another state, before a judge of
the United States, or a judge or justice of the supreme, superior
or circuit  court of any state or territory of the United States,
Within his  own jurisdiction.  By a statute passed in 1840, chap.
290, the governor is authorized to appoint commissioners in other
states, to  take the  acknowledgment and proof of deeds and other
   67. When  the party  is in  Europe or  other parts of America,
before a  resident minister  or charge  d'affaires of  the United
States;  in France, before the United States consul at Paris;  in
Russia, before  the same  officer at  St.  Petershurg;    in  the
British dominions,  before the  Lord Mayor  of London,  the chief
magistrate of  Dublin, Edinburgh,  or Liverpool,  or  the  United
States consul at London. The certificate to be uuder the hand and
official seal  of such  officer. It  may also  be made before any
person specially  authorized by  the court  of chancery  of  this
   68. The officer must in all cases be satisfied of the identity
of the  party, either  from his own knowledge or from the oath or
affirmation of a witness, who is to be named in the certificate.
   69. A  feme covert  must be privately examined;  but if out of
the state  this is  unnecessary. 2 Hill. Ab. 434;  Griff. Reg. h.
   70. By the act passed April 7, 1848, it is provided, that: §1.
The proof  or  acknowledgment  of  auy  deed  or  other  written,
instrument required  to be  proved or  acknowledged,  inorder  to
entitle the same to be recorded or read in evidence, when made by

         Bouvier's Law Dictionary : A1 : Page 82 of 118

any person residing out of this state and within any  other state
or territory of the United States, may be made before any officer
of such  state or  territory, authorized  by the  laws thereof to
take the  proof and  acknowdgment of  deeds and when so taken and
certified as  by the  act is  provided, shall  be entitled  to be
recorded in any county in this state, and may be read in evidence
in any  court iu  this state,  in the  sae manner  and with  like
effect, as  proofs and  acknowledgments taken  before auy  of the
officers  now   authorized  by   law  to  take  such  proofs  and
acknowledgments: Provided  that no  such acknowledgment  shall be
valid unless  the officer  taking the  same shall  know  or  have
satisfactory evidence  that the person making such acknowledgment
is the  individual described  in, and  who executed  the deed  or
   71. - 2. To entitle any conveyance or other written instrument
acknowledged or proved under the preceding section, to be read in
evidence or  recorded in  this state, there shall be subjoined to
the certificate  of  proof  or  acknowledgment,  signed  by  such
officer, a  certificate under  the name  and official seal of the
clerk or  register of  the county  in which such officer resides,
specifying that such officer was at the time of taking such proof
or acknowledgment,  duly authorized  to take  the same,  and that
such clerk or register is well acquainted with the handwriting of
such officer,  and verily  believes that  the signature  to  said
certificate of proof and acknowledgment, is genuine.
   72. North  Carolina. The  acknowledgment or proof of deeds for
the conveyance of lands, when taken or made in the state, must be
before one of the judges of the supreme court, or superior court,
or in the court of the county where the land lieth. 1 ltev. Stat.
c. 37, s.. 1.
  73. When in another state or territory of the United States, or
the District  of Columbia,  the deed  must  be  acknowledged,  or
proved, before  some one  of the judges of the superior courts of
law, or  circuit courts  of law  of superior jurisdiction, within
the said  state, &c.,  with a  certificate of the governor of the
said state  or territory,  or of  the secretary  of state  of the
United St-ates, when in the District of Columbia, of the official
character of  the judge;   or  before a commissioner appointed by
the governor  of this state according to law. 1 Rev. Stat. c. 37,
s. 5.
   74.  When  out  of  the  United  States,  the  deeds  must  be
acknowledged, or  proved, before  the chief  magistrate  of  some
city, town,  or corporation of the countries where the said deeds
were executed;   or  before  some  ambassador,  publio  minister,
consul, or  commercial agent, with proper certificate under their
official seals;   1  Rev. Stat.  c. 37  s. 6. and 7;  or before a
commissioner in such foreign country, under a commission from the
county court where the land lieth. See. 8.
   75. When  acknowledged by  a feme covert, the certificate must
state that  she  was privily examined by the proper officer, that
she acknowledged the due execution of the deed, and declared that
she executed  the same  freely, voluntarily, and without the fear
or compulsion  of her hushand, or any other person, and, that she
then assented thereto. When she is resident of another county, or
so infirm  that she  cannot travel to the judge, or county court,
the deed  may be  acknowledged  by  the  hushand,  or  proved  by
witnesses, and  a commission  in a  prescribed form may be issued
for taking the examination of the wife. 1 Rev. Stat. c. 37, s. 6,
8, 9, 10, 11, 13, and 14.

         Bouvier's Law Dictionary : A1 : Page 83 of 118

   76. Ohio.  In the state, deeds and other instruments affecting
lands must be acknowledged before a judge of the supreme court, a
judge of  the court  of common  pleas, a  justice of  the  peace,
notary  public,   mayor,  or   other  presiding   officer  of  an
incorporated town  or city.  Ohio Stat.  vol. 29,  p. 346, Act of
February 22,  1831, which went in force June 1, 1831 Swan's Coll.
L. 266, s. 1.
   77. When  made out  of the  state, whether in another state or
territory, or  out of  the U.  S., they  must be acknowledged, or
proved, according to the laws of the state, territory or country,
where they are executed, or according to the laws of the state of
Ohio. Swan's Coll. L. 265, 8. 5.
  78. When made by a feme covert, the certificate must state that
she was  examined by  the officer,  separate and  apart from  her
hushand, and  the contents  of the  deed were fully made known to
her;   that she  did declare upon such separate examination, that
she voluntarily  sign, seal,  and acknowledge  the same, and that
she is still satisfied therewith.
   79. Pennsylvania.  Before a  judge of the supreme court, or of
the courts  of common  pleas, the  district courts, or before any
mayor or  alderman, or  justice of the peace of the commonwealth,
or before the recorder of the city of PhLiladelphia.
   80. When  made out of the state, and within the United States,
the acknowledgment may be before one of the judges of the supreme
or district  courts of the United States, or before an one of the
judges or  justices of  the supreme or superior courts, or courts
of common  pleas of  any state  or territory  within  the  United
States;   and so  certified under the hand of the said judge, and
the seal  of the court. Conmmissioners appointed by the governor,
residing in  either of  the United  States or  of the District of
Columbia, are also authorized to take acknowledgment of deeds.
  81. When made out of the United States, the acknowledgment may,
be made  before any  consul or  vice-consul of the United States,
duly appointed  for and  exercising  consular  functions  in  the
state, kingdom, country or place where such an acknowledgment may
be made,  and certified under the public or official seal of such
consul or  vice-consul of  the United  States. Act of January 16,
1827. By  the act  May 27th,  1715, s.  4, deeds  made out of the
province [state]  may be proved by the oath or solemn affirmation
of one  or more of the witnesses thereunto, before one or more of
the justices of the peace of this province [state], or before any
mayor or  chief magistrate  or officer  of the  cities, towns  or
places, where  such deed  or conveyances are so proved. The proof
must be  certified by the officer under the common or public seal
of the  cities, towns,  or places  where such  conveyances are so
proved. But  by construction  it is  now established  that a deed
acknowledged before  such officer  is  valid,  although  the  act
declares it shall be proved. 1 Pet. R. 433.
  82. The certificate of the acknowledgment of a feme covert must
state, 1,  that she  is of full age;  2, that the contents of the
instrument have  been made  known to  her;   3, that she has been
examined separate  and apart  from her hushand;  and, 4, that she
executed the  deed of  her own  free will and accord, without any
coercion or  compulsion  of  her  hushand.  It  is  the  constant
practice of  making the  certificate, under seal, though if it be
merely under  the hand of the officer, it will be sufficient. Act
of Feb. 19, 1835.

         Bouvier's Law Dictionary : A1 : Page 84 of 118

   83. By  the act  of the 16th day of April, 1840, entitled. "An
act incorporating  the Ebenezer  Methodist Episcopal congregation
for the borough of Reading, and for other purposes," Pamph. Laws,
357, 361,  it is  provided by  §15, "That  any and  every  grant,
bargain and  sale,  release,  or  other  deed  of  conveyance  or
assurance of  any lands,  tenements,  or  hereditaments  in  this
commonwealth, heretofore  bona fide  made, executed and delivered
by hushand  and wife within any other of the United States, where
the acknowledgmentof  the execution  thereof has  been taken, and
certified by  any officer  or officers in any of the states where
made and  executed, who,  was, or  were authorized by the laws of
such state  to take  and certify  the acknowledgment  of deeds of
conveyance of  lands therein,  shall be deemed and adjudged to be
as good, valid and effectual in law for transferring, passing and
conveying the  estate, right,  title and interest of such hushand
and wife  of, in,  and to the lands;  tenements and hereditaments
therein mentioned, and be in like manner entitled to be recorded,
as if  the acknowledgment  of the  execution of the same deed had
been in  the same  and  like  way,  manner  and  form  taken  and
certified by any judge, alderman, or justice of the peace, of and
within this  commonwealth. §16.  That no grant, bargain and sale,
feoffment, deed  of conveyance,  lease, release,  assignment,  or
other  assurance   of  any  lands,  tenements  and  hereditaments
whatsoever, heretofore bona fide made and executed by hushand and
wife, and  acknowledged by them before some judge, justice of the
peace, alderman,  or other officer authorized by law, within this
state, or  an officer  in one  of the United States, to take such
acknowledgment,  or   which  may   be  so   made,  executed   and
acknowledged as  aforesaid, before the first day of January next,
shall be  deemed, held  or adjudged,  invalid or,  defective,  or
insufficient in  law, or  avoided or prejudiced, by reason of any
informality or  omissiou in  setting forth the particulars of the
acknowledgment made  before such  officer, as  aforesaid, in  the
certificate thereof,  but all  and every  such grant, bargain and
sale, feoffment,  deed of  conveyance, lease, release, assigument
or  other   assurance  so  made,  executed  and  acknowledged  as
aforesaid, shall  be as  good, valid  and effectual  in  law  for
transferring, passing  and conveying the estate, right, title and
interest of  such hushand  and wife  of, in,  and to  the  lands,
tenements and  hereditaments mentioned in the same, as if all the
requisites and  particulars of  such acknowledgment  mentioned in
the act,  entitle an  act for  the  better  confirmation  of  the
estates of  persons holding  or claiming  under feme coverts, and
for establishing  a mode  by which hushand and wife may hereafter
convey their  estates, passed  the twenty-fourth day of February,
one thousand  seven hundred  and seventy,  were particularly  set
forth in  the certificate  thereof, or  appeared upon the face of
the same."
   84. By the act of the 3d day of April, 1840, Pamph. L. 233, it
is enacted, "That where any deed, conveyance, or other instrument
of writing  has been or shall be made and executed, either within
or out  of this  state, and  the acknowledgment or proof thereof,
duly certified,  by any  officer under  seal,  according  to  the
existing laws  of this  commmonwealth, for  the purpose  of being
recorded therein,  such certificate  shall be  deemed prima facie
evidence of  such execution and acknowledgment, or proof, without
requiring proof  of the  said seal,  as fully, to all intents and
purposes, and  with the same effect only, as if the same had been
so acknowledged or proved before any judge, justice of the peace,
or alderman within this commonwealth."

         Bouvier's Law Dictionary : A1 : Page 85 of 118

   85. The  act relating  to executions  and for  other purposes,
passed 16th  April, 1840,  Pamph. L.  412, enacts, §7, " That the
recorders  of   deeds  shall   have   authority   to   take   the
acknowledgment and  proof of the execution of any deed, mortgage,
or other  conveyance of  any lands,  tenements, or  hereditaments
lying or  being in  the county,  for which  they are respectively
appointed as  recorders of deeds, or within every city, district,
or part  thereof, or for any contract, letter of attorney, or any
other writing,  under seal,  to be  used or recorded within their
respective counties  and such  acknowledgment or  proof, taken or
made in  the manner  directed by  the laws  of  this  state,  and
certified by  the said  recorder, under  his  hand  and  seal  of
office;   which certificate  shall be endorsed or annexed to said
deed or  instrument aforesaid,  shall have  the  same  force  and
effect, and be as good and available in law, for all purposes, as
if the  same had  been made  or taken  before any  judge  of  the
supreme court,  or president  or associate  judge of  any of  the
courts of common pleas within this commonwealth."
   86. Rhode  Island. Before  any senator,  judge, justice of the
peace, or  town clerk. When the acknowledgment is made in another
state or  country, it  must be before a judge, justice, mayor or,
notary public therein, and certifiedunder his hand and seal.
   87. A wife releasing dower need not acknowledge the deed;  but
to a  conveyance an  acknowledgment and  private examination  are
necessary. 2 Hill. Ab. c. 34, s. 94.
   88. South Carolina. Before a judge of the supreme court. A feme
covert may release her dower or convey her own estate, by joining
with her  hushand in a deed, and being privately examined, in the
latter case,  seven days  afterwards, before  a judge  of law  or
equity, or  a justice  of the quorum;  she may also release dower
by a separate deed.
   89. The certificate of the officer is under seal and signed by
the woman.  Deeds may  be proved  upon the  oath of  one  witness
before a magistrate, and this is said to be the general practice.
   90. When  the deed  is to  be executed  out of  the state, the
justices of  the county  where the  land lies,  or a judge of the
court of  common pleas,  may  by  dedimus  empower  two  or  more
justices of  the county  where the  grantor resides,  to tale his
acknowledgment upon the oath of two witnesses to the execution. 2
Hill. Ab. 448, 9;  Griff. Reg. b. t.
   91.Tennessee. A  deed or power of attorney to convey land must
be acknowledged  or proved  by two  subscribing witnesses, in the
court of  the county, or the court of the district where the land
lies. The certificate of acknowledgment must be endorsed upon the
deed by the clerk of the court.
   93. The  ackiaowledgment of  a feme  covert is  made. before a
court of  record in the state, or, if the parties live out of it,
before a  court of  record iu another state or territory;  and if
the wife  is unable  to attend  court, the  acknowledgment may be
before commissioners  empowered by  the court  of the  county  in
which the  hushand acknowledges  the commission  to  be  returned
certified with the court seal, and recorded.

         Bouvier's Law Dictionary : A1 : Page 86 of 118

  94. In all these cases the certificate must state that the wife
has been  privately examined.  The seal  of the  court is  to  be
annexed when  the deed  is to be used out of the state, when made
in it,  and vice. versa;  in which case there is to be a seal and
a certificate  of the  presiding judge or justice to the official
station, of  the clerk, and the due formality of the attestation.
By the statute of 1820, the acknowledgment in other states may be
conformable to  the laws  of the  state,  in  which  the  grantor
   95. By  the act of 1831, c, 90, s. 9, it is provided, that all
deeds or  conveyances for  land made  without the  limits of this
state, shall  be proved  as heretofore, or before a notary public
under his  seal of office. Caruthers & Nicholson's Compilation of
the Stat. of Tenn. 593.
   96. The  officer must  certify that  he is acquainted with the
grantor, and  that he  is an  inhabitant of the state. There must
also be  a certificate  of the  governor or  secretary under  the
great  seal,   or  a   judge  of  the  superior  court  that  the
acknowledgment is  in due  form.Griff. Reg.  h. t. ;  2 Hill. Ab.
   97. By an act passed during the session of 1839-1840, chap. 26,
it is enacted, §1. "That deeds of every description may be proved
by two  subscribing witnesses,  or acknowledged and recorded, and
may then  be read in, evidence. 2. That deeds executed beyond the
limits of  the United States may be proved or acknowledged before
a notary public, or before any consul, minister, or ambassador of
the United States, or before a commissioner of the state. 3. That
the govornor  may appoint  commissioners in  other states  and in
foreign countries  for the  proof, &c.  of deeds.  4.  Affidavits
taken as  above, as  to pedigree  or heirship, may be received as
evidence, by  executors or  administrators, or  in regard  to the
partition and  distribution of  property or estates." See 2 Yerg.
91, 108, 238, 400, 520;  3 Yerg. 81;  Cooke, 431.
   98. Vermont.  1. All  deeds and other conveyances of lands, or
any estate or interest therein, shall be signed and sealed by the
party granting the same, and signed by two or more witnesses, and
acknowledged by  the grantor, before a justice of the peace. Rev.
Stat. tit. 14, c. 6, s. 4.
   99. Every  deed by  the hushand  and  wife  shall  contain  an
acknowledgment by the wife, made apart from her hushand, before a
judge of  the supreme court, a judge of the county court, or some
justice of  the peace,  that she executed such conveyance freely,
and without any fear or compulsion of her hushand;  a certificate
of which  acknowledgment, so taken, shall be endorsed on the deed
by the, authority taking the same. Id. s. 7.
   100. -  2. All  deeds and  other conveyances,  and  powers  of
attorney for the conveyance of lands, the acknowledgment or proof
of which  shall have  been, or  hereafter shall  be taken without
this state,  if certified  agreeably to  the laws  of the  state,
province, or  kingdom in which it was taken, shall be as valid as
though the  same were  taken before some proper officer or court,
within this  state;   and the proof of the same may be taken, and
the same acknowledged with like effect, before any justice of the
peace, magistrate, or notary public, within the United States, or
in any  foreign country, or before any commissioner appointed for
that purpose  by the  governor  of  this  state,  or  before  any
minister,cbarge d'affaires, or consul of the United States in any
foreign countryand  the acknowledgment  of a  deed a  feme in the
form required  by covert,  by this chapter may be taken by either
of the said persons Id. 9.

         Bouvier's Law Dictionary : A1 : Page 87 of 118

   101. Virginia.  Before the  general court, or the court of the
district, county,  city, or  corporation where  some part  of the
land lies;   when  the party  lives out  of the  state or  of the
district or county where the land lies, the acknowledgment may be
before any  court of  law, or  the chief  magistrate of any city,
town, or  corporation of the country where the party resides, and
certified by him in the usual form.
   102. When  a married  woman executes  the deed, she appears in
court and  is examined  privately by one of the judges, as to her
freely signing  the instrument, and continuing satisfied with it,
the deed  being shown  and explained to her. She acknowledges the
deed before  the court, or else before two justices of the county
where she  dwells, or  the magistrate of a corporate town, if she
lives within  the United  States;  these officers being empowered
by a commission from the clerk of the court where the deed, is to
be recorded,  to examine  her and  to take her acknowledgment. If
she is  out of  the United  States, the commission authorizes two
judges or  justices of any court of law, or the, chief magistrate
of any city, town, or corporation, in her county, and is executed
as by two justices in the United States.
   103. The certificate is to be authenticated in the usual form.
2 Hill.  Ab. 444,  5;   Griff. Reg.  h. t.;  2 Leigh's R, 186;  2
Call. R. 103 ;  1 Wash. R. 319.

   ACQUETS, estates  in the  civil law.  Property which  has been
acquired by  purchase, gift  or  otherwise  than  by  succession.
Merlin Rep. h. t., confines acquets to immovable property.
    2.  In Louisiana they embrace the profits of all the effects,
of which the hushand has the administration and enjoyment, either
of right  or in  fact, of  the produce of the reciprocal industry
and labor of both hushand and wife, and of the estates which they
may acquire  during  the  marriage,  either  by  donations,  made
jointly to  them both,  or by  purchase, or  in any other similar
way, even although the purchase be only in the name of one of the
two, and  not of  both, because  in that  case the period of time
when the  purchase is  made is  alone attended  to, and  not  the
person who made the purchase. Civ. Code, art. 2371.
   3. This  applies to all marriages contracted in that state, or
out of  it, when  the parties  afterward go  there to live, as to
acquets afterward made there.Ib. art. 2370.
   4. The acquets are divided into two equal portions between the
hushand and  wife, or  between their  heirs at the dissolution of
their marriage. Ib. art. 2375.
   5. "The Parties may, however, lawfully stipulate there shall be
no community of profits or gains. Ib. art. 2369.
   6. But  the parties  have no right to agree that they shall be
governed by  the laws  of another  country.' 3 Martin's Rep. 581.
Vide 17 Martin's Rep. 571 2 Kent's Com. 153, note.

   ACQUIESCENCE, contracts.  The consent which is impliedly given
by one or  both parties, to a proposition, a clause, a condition,
a judgment, or to any act whatever.
   2. When a party is bound to elect between a paramount right and
a testamentary disposition, his acquiescence in a state of things
which indicates an election, when he was aware of his rights will
be prima  facie evidence  of such  election. Vide 2 Ves. Jr. 371;
12 Ves. 136 1 Ves. Jr. 335;  3 P. Wms. 315. 2 Rop. Leg. 439.

         Bouvier's Law Dictionary : A1 : Page 88 of 118

    3. The  acts  of  acquiescence which  constitute  an  implied
election, must  be decided  rather by  the circumstances  of each
case than  by any  general principle. 1 Swanst. R. 382, note, and
the numerous cases there cited.
    4.  Acquiescence in  the acts  of an  agent, or  one who  has
assumed  that  character,  will,  be  equivalent  to  an  express
authority. 2  Bouv. Inst. n. 1309;  Kent, Com. 478;  Story on Eq.
§255;   4 W. C. C. R. 559;  6 Miss. R. 193;  1 John. Cas. 110;  2
John. Cas.  424 Liv.  on Ag. 45;  Paley on, Ag. by Lloyd, 41 Pet.
R. 69,  81;  12 John. R. 300;  3 Cowen's R. 281;  3 Pick. R. 495,
505;  4 Mason's R. 296. Acquiescence differs from assent. (q. v.)

   ACQUIETANDIS PLEGIIS, obsolete. A writ of justices, lying, for
the surety  against a  creditor, who  refuses to acquit him after
the debt  has been  satisfied.  Reg.  of  Writs,  158;    Cowell;

   TO ACQUIRE, descents, contracts. To make property one's own.
   2. Title  to property is acquired in two ways, by descent, (q.
v.) and  by purchase,  (q. v.) Acquisition by purchase, is either
by, 1.  Escheat. 2. Occupancy. 3. Prescription. 4. Forfeiture. 5.
Alienation, which  is either  by deed  or by  matter  of  record.
Things which cannot be sold, cannot be acquired.

   ACQUISITION, property, contracts, descent. The act by which the
person procures the property of a thing.
   2. An  acquisition, may  be temporary  or  Perpetual,  and  be
procured either  for a  valuable consideration,  for example,  by
buying the  same;   or  without  consideration,  as  by  gift  or
   3. Acquisition  may be  divided into  original and derivative.
Original acquisition  is procured  by occupancy, 1 Bouv. Inst. n.
490;  2 Kent. Com. 289;  Menstr. Leg. du Dr. Civ. Rom. §344 ;  by
accession, 1  Bouv. Inst.  n. 499;    2  Kent.,  Com.  293;    by
intellectual labor,  namely, for inventions, which are secured by
patent rights  and for the authorship of books, maps, and charts,
which is protected by copyrights. 1. Bouv. Inst. n. 508.
   4. Derivative  acquisitions are those which are procured. from
others, either by act of law, or by act of the parties. Goods and
chattels may  change owners  by  act  of  law  in  the  cases  of
forfeiture,  succession,   marriage,  judgment,  insolvency,  and
intestacy. And  by act  of the parties, by gift or sale. Property
may be  acquired by  a man  himself, or  by those  who are in his
power, for him;  as by his children while minors;  1 N. Hamps. R.
28;   1 United States Law Journ. 513 ;  by his apprentices or his
slaves. Vide  Ruth. Inst. ch. 6 & 7;  Dig. 41, 1, 53;  Inst. 2,9;
Ib. 2,9,3.

   ACQUITTAL, contracts. A release or discharge from an obligation
or eng  agement. According  to Lord Coke there are three kinds of
acquittal, namely;   1,  By deed,  when the  party  releases  the
obligation;  2, By prescription;  3, By tenure.Co. Lit. 100, a.

   ACQUITTAL, crim.  law practice.  The  absolution  of  a  party
charged with a crime or misdemeanor.
   2. Technically  speaking, acquittal  is -  the absolution of a
party accused on a trial before a traverse jury. 1 N. & M. 36;  3
M'Cord, 461.
   3. Acquittals are of two kinds, in fact and in law. The former
takes place  when the  jury upon  trial finds  a verdict  of  not
guilty;  the latter when a man is charged merely as an accessary,
and the  principal has  been acquitted. 2 Inst. 384. An acquittal
is a bar to any future prosecution for the offence alleged in the
first indictment.

         Bouvier's Law Dictionary : A1 : Page 89 of 118

   ACQUITTANCE, contracts. An agreement in writing to discharge a
party from an engagement to pay a sum of money. it is evidence of
payment. It  differs from a release in this, that the latter must
be under seal, while an acquittance need not be under seal. Poth.
Oblig. n.  781. In  Pennsylvania, a  receipt, (q.  v.) though not
under seal,  has nearly the same effect as a release. 1 Rawle, R.
391. Vide  3 Salk.  298, pl. 2;  Off. of Ex. 217 ;  Co. Litt. 212
a, 273 a.

   ACRE, measures.  A quantity of land containing in length forty
perches, and  four in  breadth, or  one hundred  and sixty square
perches, of  whatever shape  may be  the land. Serg. Land Laws of
Penn., 185.  See Cro.  Eliz. 476, 665;  6 Co. 67;  Poph. 55;  Co.
Litt. 5, b, and note 22.

   ACREDULITARE, obsolete.  To purge  one's self of an offence by
oath. It  frequently happens that when a person has been arrested
for a  contempt, he comes into court and purges himself, on oath,
of having intended any contempt. Blount, Leges. Inac. c. 36.

   ACT, civil  law, contracts.  A writing which states in a legal
form that  a thing  has been  said, done,  or agreed.  In  Latin,
Instrumentum. Merl. Rep.

   ACT. In  the legal sense, this word may be used to signify the
result of  a public  deliberation, the decision of a prince, of a
legislative  body,   of  a   council,  court  of  justice,  or  a
magistrate. Also, a decree, edict, law, judgment, resolve, award,
determination. Also, an instrument in writing to verify facts, as
act of  assembly, act  of congress,  act of  parliament, act  and
deed. See  Webster's Dict.  Acts are civil or criminal, lawful or
unlawful, public or private.
   2. Public acts, usually denominated authentic, are those which
have a  public authority,  and which have been made before public
officers, are  authorized by a public seal, have been made public
by the  authority of  a magistrate,  or which have been extracted
and been properly authenticated from public records.
   3. Acts under private signature are those which have been made
by private  individuals, under  their hands.  An act of this kind
does not  acquire  the  force  of  an  authentic  act,  by  being
registered in the office of a notary. 5 N. S. 693;  8 N. S. 568 ;
3 L.  R. 419  ;   8 N. S. 396 ;  11 M. R. 243;  unless it hasheen
properly acknowledged before the officer, by the parties to it. 5
N. S. 196.
  4. Private acts are those made by private persons, as registers
in  relation  to  their  receipts  and  expenditures,  schedules,
acquittances, and  the like.  Nov. 73, c. 2 ;  Code, lib. 7, tit.
32, 1.  6;   lib. 4, t. 21;  Dig. lib. 22, tit.. 4;  Civ. Code of
Louis. art.  2231 to  2254;  Toull. Dr. Civ. Francais, tom. 8, p.

   ACT,  evidence.  The  act  of  one  of  several  conspirators,
performed in  pursuance of the common design, is evidence against
all of  them. An  overt act  of treason  must be  proved  by  two
witnesses. See Overt.
   2. The terra. acts, includes written correspondence, and other
papers relative  to the  design of  the parties,  but whether  it
includes unpublished  writings upon abstract questions, though of
a kindred nature, has been doubted, Foster's Rep. 198 ;  2 Stark.
R. 116, 141.

         Bouvier's Law Dictionary : A1 : Page 90 of 118

   3. In  cases of  partnership it  is a  rule that  the  act  or
declaration of  either partner,  in  furtherance  of  the  common
object of  the association, is the act of all. 1 Pet. R. 371 5 B.
& Ald. 267.
   4. And  the acts.  of an agent, in pursuance of his authority,
will be  binding on  his  principal.  Greenl.  Ev.  §  113.  ACT,
legislation. A  statute or law made by a legislative body;  as an
act of  congress is  a law  by the congress of the United States;
an act of assembly is a law made by a legislative assembly. If an
act of assembly expire or be repealed while a proceeding under it
is in  fieri or  pending, the  proceeding becomes abortive;  as a
prosecution for  an offence, 7 Wheat. 552;  or a proceeding under
insolvent laws.  1 Bl.  R. 451;  Burr. 1456 ;  6 Cranch, 208 ;  9
Serg. & Rawle, 283.
   2. Acts  are general or special;  public or private. A general
or  public  act  is  a  universal  rule  which  binds  the  whole
community;   of which  the courts  are bound  to take  notice  ex
   3. Explanatory  acts should  not be enlarged by equity Blood's
case, Comb.  410;   although such  acts may  be allowed to have a
retrospective operation. Dupin, Notions de Droit, 145. 9.
   4. Private  or special acts are rather exceptions, than rules;
being those  which  operate  only  upon  particular  persons  and
private concerns;   of  these the  courts are  not bound  to take
notice, unless  they are  pleaded. Com.  85, 6;  1 Bouv. Inst. n.

   ACT IN PAIS. An act performed out of court, and not a matter of
record. Pais,  in law  French, signifies  country. A  deed or  an
assurance transacted  between two  or more private persons in the
country is matter in pais. 2 Bl. Com. 294.

   ACT OF  BANKRUPTCY. An  act which  subjects  a  person  to  be
proceeded  against   as  a   bankrupt.  The  acts  of  bankruptcy
enumerated in  the late act of congress, of 19th Aug. 1841, s. 1,
are the  following: 1.  Departure from  the state,  district,  or
territory of  which a  person, subject  to the  operation of  the
bankrupt laws,  is an  inhabitant, with  intent  to  defraud  his
creditors. See,  as to  what will  be considered  a departure,  1
Campb. R.  279;  Dea. & Chit. 4511 Rose, R. 387 9 Moore, R. 217 2
V. &  B. 177;   5  T. R.  512;  1 C. & P. 77;  2 Bini,. R. 99;  2
Taunt. 176;  Holt, R. 175.
   2. Concealment  to avoid  being arrested.  1 M.  & S. 676 ;  2
Rose, R.  137;   15 Ves.  4476 Taunt.  R. 540;  14 Ves. 86 Taunt.
176;1 Rose, R. 362;  5 T. R. 512;  1 Esp. 334.
   3. Willingly or fraudulently procuring himself to be arrested,
or his  goods and  chattels, lands,  or tenements to be attached,
distrained, sequestered, or taken in execution.
   4. Removal  of his goods, chattels and effects, or concealment
of  them  to  prevent  their  being  levied  upon,  or  taken  in
execution, or by other process.
  5. Making any fraudulent conveyance, assignment, sale, gift, or
other transfer  of his  lands,  tenements,  goods,  or  chattels,
credits, or  evidences of debt. 15 Wend. R. 588;  5 Cowen, R. 67;
1 Burr.  467, 471,  481;   4 C.  & P.  315;  18 Wend. R. 375;  19
Wend. R.  414;   1 Dougl. 295;  7 East, 137 16 Ves. 149;  17-Ves.
193;  1 Smith R. 33;  Rose, R. 213.

         Bouvier's Law Dictionary : A1 : Page 91 of 118

   ACT OF  GOD, in contracts. This phrase denotes those accidents
which arise from physical causes, and which cannot be prevented.
  2. Where the law casts a duty on a party, the performance shall
be excused,  if it be rendered impossible by the act of God;  but
where the  party, byhis own contract, engages to do an act, it is
deemed to  be his  own fault  and folly  that he  did not thereby
provide  against   contingencies,   and   exempt   himself   from
responsibilities in certain events and in such case, (that is, in
the instance  of an  absolute general contract the performance is
not excused  by an  inevitable accident,  or  other  contingency,
although not  foreseen by,  nor within  the control of the party.
Chitty on  Contr. 272, 8;  Aleyn, 27, cited by Lawrence;  J. in 8
T. R.  267;  Com. Dig. Action upon the Case upon Assumpsit, G;  6
T. R.  650 ;   8  T. R.  259;   3 M. & S. 267 ;  7 Mass. 325;  13
Mass. 94;  Co. Litt. 206;  Com. Dig. Condition, D 1, L 13;  2 Bl.
Com. 340;  1 T. R. 33;  Jones on Bailm 104, 5 ;  1 Bouv. Inst. n.
   3. Special  bail are discharged when the defendant dies, Tidd,
243 ;   actus  Dei nemini  facit injuriam  being a  maxim of law,
applicable in  such case;   but  if the  defendant die  after the
return of  the case and before it is filed, the bail are fixed. 6
T. R.  284;   6 Binn.  332, 338. It is, however, no ground for an
exoneratur, that the defendant has become deranged since the suit
was brought, and is confined in a hospital. 2 Wash. C. C. R. 464,
6 T.  It. 133  Bos. & Pull. 362 Tidd, 184. Vide 8 Mass. Rep. 264;
3 Yeates,  37;   2 Dall.  317;  16 Mass. Rep. 218;  Stra. 128;  1
Leigh's N,  P. 508;   11  Pick. R.  41;  2 Verm. R. 92;  2 Watt's
Rep. 443. See generally, Fortuitous Event;  Perils of the Sea.

   ACT OF  GRACE, Scotch law. The name by which the statute which
provides for  the aliment  of prisoners confined for civil debts,
is usually known.
   2. This  statute provides  that  where  a  prisoner  for  debt
declares upon  oath, before  the magis trate of the jurisdiction,
that he has not wherewith to maintain himself, the magistrate may
set him  it liberty,  if the  creditor, in  consequence of  whose
diligence he was imprisoned, does not aliment him within ten days
after intimation  for that  purpose. 1695,  c. 32;   Ersk. Pr. L.
Scot. 4,  3, 14.  This is  somewhat similar to a provision in the
insolvent act of Pennsylvania.

   ACT 0F  LAW. An  event which  occurs in  consequence  of  some
principle of  law. If,  for example,  land out  of which  a  rent
charge has  been granted,  be recovered  by an  elder title,  and
thereby the  rent charge becomes avoided;  yet the grantee, shall
have a  writ of  annuity, because the rent charge is made void by
due course  or act  of law,  it, being  a actus  legis nemini est
damnosus. 2 Inst. 287.

   ACT OF MAN. Every man of sound mind and discretion is bound by
his own  acts, and  the law  does not  permit him to do any thing
against it;  and all acts are construed most strongly against him
who does them. Plowd. 140.
   2. A  man is  not only  bound by his own acts, but by those of
others who  act or  are presumed  to act by his authority, and is
responsible civilly  in all such cases;  and, in some cases, even
when there  is but  a presumption  of authority,  he may  be made
responsible  criminally;    for  example,  a  bookseller  may  be
indicted for publishing a libel which has been sold in his store,
by his  regular salesmen,  although he  may possibly  have had no
knowledge of it.

         Bouvier's Law Dictionary : A1 : Page 92 of 118

   ACTIO BONAE FIDEI, civil law. An action of good faith.

   ACTIO COMMODATI  CONTRARIA. The name of an action in the civil
law, by  the borrower against the lender, to compel the execution
of the contract. Poth. Pret Usage, n. 75.

   ACTIO COMMODATI  DIRECTA. In  the civil law, is the name of an
action, by  a lender  against a borrower, the principal object of
which is  to obtain restitution of the thing lent. Poth. Pret. 5,
Usage, n. 65, 68.

   ACTIO CONDICTIO  INDEBITI. The  name of an action in the civil
law, by which the plaintiff recovers the amount of a sum of money
or other  thing be  paid by mistake. Poth. Promutuum, n. 140. See

   ACTIO EXCONDUCTIO,  civil law. The name of an action which the
bailor of a thing for hire may bring against the bailee, in order
to compel  him to  re-deliver the thing hired. Poth. du Contr. de
Louage, n. 59.

   ACTIO DEPOSITI  CONTRARIA. The name, of an action in the civil
law which  the depositary has against the depositor to compel him
to fulfil his engagement towards him. Poth. Du Depot, la. 69.

   ACTIO DEPOSITI  DIRECTA. the civil law, this is the name of an
action which  is brought by the depositor against the depositary,
in order to get back the, thing deposited. Poth. Du Depot, n. 60.
  ACTIO JUDICATI, civil law. Was an action instituted, after four
months had  elapsed after the rendition of judgment, in which the
judge issued  his warrant  to seize,  first, the  movables, which
were sold within eight days afterwards;  and then the immovables,
which were delivered in pledge to the creditors, or put under the
care of a curator, and, if at the end of two mouths, the debt was
not paid, the land was sold. Dig. 42, t. 1. - Code, 8, 34.

   ACTIO NON, pleading. After stating the appearance and defence,
special pleas    begin  with  this  allegation,  "that  the  said
plaintiff ought  not to  have or  maintain his  aforesaid  action
thereof against him," actio non habere debet. This is technically
termed the  actio non.  1 Ch.  Plead. 531   2  Ch. Plead.  421  ;
Steph. Plead. 394.

   ACTIO NON  ACCREVIT INFRA SEX ANNOS. The name of a plea to the
statute of  limitations  when  the  defendant  insists  that  the
plaintiff's action  has not  accrued within six years. It differs
from non  assumpsit in  this: non assumpsit is the proper plea to
an action  on a  simple contract,  when the action accrues on the
promise  but   when  it  does  not  accrue  on  the  promise  but
subsequently to  it, the  proper plea  is actio non accrevit, &c.
Lawes, Pl.  in Ass.  733;   5 Binn.  200, 203;   2  Salk. 422;  1
Saund. Rep. 83 n. 2;  2 Saund, 63, b;  1 Sell. N.P. 121.

dies with  the person,  is an  ancient and uncontested maxim. But
the term  personal action, requires explanation. In a large sense
all actions except those for the recovery of real property may be
called personal.  This definition would include contracts for the
payment of  money, which  never were  supposed to  die  with  the
person. See 1 Saund. Rep. 217, note 1.
   2. The  maxim must  therefore be  taken in  a more  restricted
meaning. It  extends to  all wrongs  attended with  actual force,
whether the  affect the person or property and to all injuries to
the  person   only,  though  without  actual  force.  Thus  stood
originally the common law, in which an alteration was made by the
statute 4  Ed. III. c. 7, which gave an action to an executor for
an injury  done to  the personal  property of his testator in his
lifetime, which  was extended  to the executor of an executor, by
statute of  25 Ed.  III. c.  5. And by statute 31 Ed. III. c. 11,
administrators have the same remedy as executors.

         Bouvier's Law Dictionary : A1 : Page 93 of 118

   3. These  statutes received  a liberal  construction from  the
judges, but  they do  not extend to injuries to the person of the
deceased, nor  to his  freehold. So  that no  action lies  by  an
executor or  administrator for  an assault  and  battery  of  the
deceased, or  trespass, vi  et armis on his land, or for slander,
because it is merely a personal injury. Neither do they extend to
actions against  executors or administrators for wrongs committed
by the deceased. 13 S. 184;  Cowp. 376;  1 Saund. 216, 217, n. 1;
Com. Dig 241, B 13;  1 Salk. 252;  6 S. & R. 272;  W. Jones, 215.
   4. Assumpsit may be maintained by executors or administrators,
in those  cases where  an injury  has been  done to the personal,
property of  the deceased,  and he  might in  his  lifetime  have
waived the tort and sued in assumpsit. 1 Bay's R. 61;  Cowp. 374;
3 Mass.  321;   4 Mass.  480;   13 Mass.  272;   1 Root, 2165. An
action for a breach of a promise of marriage cannot be maintained
by an  executor, 2  M. &  S. 408;  nor against 13 S. & R. 183;  1
Picker. 71;   unless,  perhaps, where  the  plaintiff's  testator
sustained special damages. 13 S. & R. 185. See further 12.S. & R.
76;   1 Day's  Cas. 180;  Bac. Abr. Ejectment, H11 Vin. Abr. 123;
1 Salk.  314;   2 Ld.  Raym. 971  1 Salk. 12 Id. 295;  Cro. Eliz.
377, 8 1 Str. 60 Went. Ex. 65;  1 Vent. 176 id. so;  7 Serg. & R.
183;   7 East,  134-6 1  Saund. 216,  a, n.  1;   6 Mass. 394;  2
Johns. 227;  1 Bos. & Pull. 330, n. a.;  1 Chit. Pi. 86;  3 Bouv.
Inst. n.  2750;   this Dictionary, tit. actions;  Death;  Parties
to actions;  Survivor.

   ACTIO PRO SOCIO. In the civil law, is the name of an action by
which either  partner could  compel his  co-partners  to  perform
their social contract. Poth. Contr. de Societe, n. 134.

   ACTION. Conduct,  behaviour, something  done.  Nomen  actionis
latissime patere  vulgo notum  est ac  comprehenders omnem omnino
viventis operationem  quae passioni opponitur. Vinnius, Com. lib.
4, tit. 6. De actionibus.
   2. Human  actions have been divided into necessary actions, or
those over  which man  has no control;  and into free actions, or
such as  he can  control at  his pleasure.  As man is responsible
only when  he exerts  his will,  it is  clear lie can be punished
only for the Iatter.
   3. Actions  are also  divided into  positives and negative the
former is  called an  act of commision the latter is the omission
of something  which ought  to be  done, and  is called  an act of
omission. A  man may be responsible as well for acts of omission,
as for acts of commission.
   4. Actions  are voluntary  and  involuntary.  The  former  are
performed  freely   and  without  constraint  -  the  latter  are
performed not  by choice,  against one's  will  or  in  a  manner
independent of  the will. In general a man is not responsible for
his involuntary  actions. Yet it has been ruled that if a lunatic
hurt a  man, he  shall be answerable in trespass, although, if he
kill a  man, it  is not  felony. See Hob. Rep. 134;  Popham, 162;
Pam. N. P. 68. See also Duress;  Will.

   ACTION, French  com. law.  Stock in  a coompany,  shares in  a

         Bouvier's Law Dictionary : A1 : Page 94 of 118

     ACTION,  in  practice.  Actio  nihil  aliud  est,  quam  jus
persequendi in  judicio quod  sibi debetur.  Just. Inst.  Lib. 4,
tit. 6;   Vinnius,  Com. Actions  are divided  into criminal  and
civil. Bac.  Abr. Actions,  A. 2.  - §1.  A criminal  action is a
prosecution in  a court of justice in the name of the government,
against one  or more  individuals  accused  of  a  crime.  See  1
Chitly's Cr. Law.
  1. - §2. A civil action is a legal demand of one's right, or it
is the  form given  by law for the recovery of that which is due.
Co. Litt.  285;   3 Bl. Com. 116;  9 Bouv. Inst. n. 2639;  Domat.
Supp. des  Lois Civiles,  liv. 4,  tit. 1,  No. 1;  Poth. Introd.
generale aux  Coutumes, 109;   1  Sell. Pr.  Introd. s. 4, p. 73.
Ersk. Princ. of Scot. Law, B. 41 t. 1. §1. Till judgment the writ
is properly  called an  action, but  not after,  and therefore, a
release of  all actions is regularly no bar of all execution. Co.
Litt. 289  a;   Roll. Ab. 291. They are real, personal and mixed.
An action  is real or personal, according as realty or personalty
is recovered;   not  according to  the  nature  of  the  defence.
Willes' Rep. 134.
   4. -  1. Real  actions are  those  brought  for  the  specific
recovery of  lands, tenements,  or hereditaments.  Steph. PI.  3.
They are  either droitural,  when the  demandant seeks to recover
the property;   or  possessory when  he endeavors  to obtain  the
possession. Finch's  Law, 257,  8.  See  Bac.  Abr.  Actions,  A,
contra. Real  Actions are,  1st. Writs  of right;  2dly, Writs of
entry, which  lie in  the per,  the per et cui, or the post, upon
disseisin,  intrusion.   or  alienation.  3dly.  Writs  ancestral
possessory, as Mort d' ancester, aid, besaiel, cosinage, or Nuper
obiit. Com.  Dig. Actions,  D 2.  By these  actions formerly  all
disputes concerning  real estate, were decided;  but now they are
pretty generally  laid aside  in practice,  upon account  of  the
great nicety  required in  their management, and the inconvenient
length of  their process;   a  much more  expeditious, method  of
trying titles  being since  introduced by other actions, personal
and mixed. 3 Bl. Com. 118. See Booth on Real Actions.
   5. -  2. Personal  actions are  those brought for the specific
recovery of  goods and chattels;  or for damages or other redress
for  breach   of  contract,   or  other   injuries,  of  whatever
description;   the specific  recovery of  lands,  tenements,  and
hereditaments only  excepted. Steph. PI. 3;  Com. Dig. Actions, D
3;   3 Bouv.  Inst. n.  2641. Personal  actions arise either upon
contracts, or  for wrongs  independently of contracts. The former
are account,  assumpsit, covenant,  debt, and detinue;  see these
words. In  Connecticut and Vermont there is, an action used which
is peculiar  to those  states, called  the action of book debt. 2
Swift's Syst. Ch. 15. The actions for wrongs, injuries, or torts,
are trespass  on the  case, replevin, trespass, trover. See these
words, and see Actio personalis moritur cum persona.
  6. - 3. Mixed actions are such as appertain, in some degree, to
both the  former classes,  and, therefore, are properly reducible
to neither  of them,  being brought  for the specific recovery of
lands, tenements,  or hereditaments,  and for  damages for injury
sustained in  respect of  such property. Steph. Pl. 3;  Co. Litt.
284, b;   Com. Dig. Actions, D 4. Every mixed action, properly so
called, is  also a  real action.  The action  of ejectment  is  a
personal action, and formerly, a count for an assault and battery
might be  joined with a count for the recovery of a term of Years
in land.

         Bouvier's Law Dictionary : A1 : Page 95 of 118

  7. Actions are also divided into those which are local and such
as are transitory.
   1. A local action is one in which the venue must still be laid
in the  county, in  which the cause of action actually arose. The
locality of  actions is  founded in  some cases,  on  common  law
principles, in others on the statute law.
   8. Of those which continue local, by the common law, are, lst,
all actions  in which  the subject or thing to be recovered is in
its nature  local. Of  this class  are real  actions, actions  of
waste, when  brought on the statute of Gloucester, (6 Edw. I.) to
recover with  the damages, the locus in quo or place wasted;  and
actions of  ejectment. Bac.  Abr. Actions  Local, &c. A, a;  Com.
Dig. Actions,  N 1;   7  Co. 2 b;  2 Bl. Rep. 1070. All these are
local,  because  they  are  brought  to  recover  the  seisin  or
possession of lands or tenements, which are local subjects.
 9. - 2dly. Various actions which do not seek the direct recovery
of lands  or tenements,  are  also  local,  by  the  common  law;
because they arise out of some local subject, or the violation of
some local  right or  interest. For  example, the action of quare
impedit is  local, inasmuch  as the  benefice, in  the  right  of
presentationto which the plaintiff complains of being obstructed,
is so.  7 Co.  3 a;   1  Chit. PI.  271;  Com. Dig. Actions, N 4.
Within this  class of  cases are  also many actions in which only
pecuniary damages are recoverable. Such are the common law action
of waste,  and  trespass  quare  clausum  fregit;    as  likewise
trespass on  the case  for injuries affecting things real, as for
nuisances to houses or lands;  disturbance of rights of way or of
common;  obstruction or diversion of ancient water courses, &c. 1
Chit. Pl. 271;  Gould on Pl. ch. 3, §105, 106, 107. The action of
replevin, also,  though it  lies for  damages only,  and does not
arise out  of the  violation of  any local right, is nevertheless
local. 1  Saund. 347, n. 1. The reason of its locality appears to
be the  necessity of  giving a  local description  of the  taking
complained of.  Gould on  PI. ch.  3, §111. A scire facias upon a
record, (which  is an  action, 2  Term Rep. 46,) although to some
intents, a continuation of the original suit, 1 Term Rep. 388, is
also local.
   10. -  2. Personal  actions which  seek nothing  more than the
recovery of  money or  personal chattels of any kind, are in most
cases transitory,  whether they  sound in  tort or  in  contract;
Com. Dig.  Actions, N  12;   1 Chit. PI. 273;  because actions of
this class  are, in  most instances,  founded on the violation of
rights which, in contemplation of law, have no locality. 1 Saund.
241, b, note 6. And it will be found true, as a general position,
that  actions   ex  delicto,   in  which  a  mere  personalty  is
recoverable, are,  by the  common law,  transitory;   except when
founded upon,  or arising out of some local subject. Gould on Pl.
ch. 3,  §112. The venue in a transitory action may be laid in any
county which  the plaintiff  may prefer. Bac. Abr. Actions Local,
&c. A. (a.)
   11. In  the civil law actions are divided into real, personal,
and mixed.   A  real action,  according to the civil law, is that
which he  who is the owner of a thing, or, has a right in it, has
against him  who is in possession of it, to compel him to give up
the plaintiff,  or to permit him to enjoy the right he has in it.
It is  a right  which a person has in a thing, follows the thing,
and may  be instituted  against him  who possesses  it;  and this
whether the  thing be  movable or  immovable and, in the sense of
the common law, whether the thing be real or personal. See Domat,
Supp. des  Lois Civiles,  Liv. 4, tit. 1, n. 5;  Pothier, Introd.
Generales aux Coutumes 110;  Ersk. Pr. Scot. Law, B. 4, t. 1, §2.

         Bouvier's Law Dictionary : A1 : Page 96 of 118

   12. A personal action is that which a creditor has against his
debtor, to  compel him  to fulfil  his engagement.  Pothier,  lb.
Personal actions  are divided  into civil  actions  and  criminal
actions. The  former are those which are instituted to compel the
payment or  to do  some other  thing purely  civil the latter are
those by  which the  plaintiff asks  the reparation  of a tort or
injury which  he or  those who  belong  to  him  have  sustained.
Sometimes these  two kinds of actions are united when they assume
the name  of  mixed  personal  actions.  Domat,  Supp.  des  Lois
Civiles, Liv. 4, tit. 1, n. 4;  1 Brown's Civ. Law, 440.
   13. Mixed  actions  participate  both  of  personal  and  real
actions. Such  are the  actions of  partition, and  to compel the
parties to put down landmarks or boundaries. Domat, ubi supra.

   ACTION AD EXHIBENDUM, civil law. This was an action instituted
for the purpose of compelling the defendant to exhibit a thing or
title, in  his power. It was preparatory to another action, which
was always  a real action in the sense of the Roman law, that is,
for the recovery of a thing, whether it was movable or immovable.
Merl. Quest.  de Dr.  tome i.  84. This  is not  unlike a bill of
discovery. (q. v.)

   ACTION OF  ADHERENCE, Scotch  law. An  action competent  to  a
hushand or  Wife to  compel either  party to  adhere in  case  of

   ACTION OF  BOOK DEBT.  The name of an action in Connecticutand
Vermont, resorted  to for  the purpose  of recovering payment for
articles usually  charged on  book. 1  Day, 105;   4 Day, 105;  2
Verm, 66.  See 1 Root, 59;  1 Conn. 75;  Kirby, 89;  2 Robt, 130;
11 Conn. 205.

   ACTION. REDHIBITORY, civil law. An action instituted to avoid a
sale on  account of  some Vice  or defect in the thing sold which
readers it  either absolutely useless, or its use so inconvenient
and, imperfect,  that it  must be,  supposed the  buyer would not
have purchased  it, had he known of the vice. Civ. Code of Louis.
art. 2496.

   ACTION OF  A WRIT.  This phrase  is used  when one pleads some
matter by  which he shows that the plaintiff had no cause to have
the writ  which he  brought, and yet he may have a writ or action
for the  same matter. Such a plea is called: a plea to the action
of the  writ, whereas  if it  should appear  by the plea that the
plaintiff has  no cause  to have  action for  the thing demanded,
then it is called a plea to the action. Termes de la ley.

   ACTIONS ORDINARY.  Scotch law.  By this term is understood all
actions not recissory. Ersk. Pr. L. Scot. 4, 1, 5.

   ACTIONS RESCISSORY, Scotch law. Are divided into, 1, Actions of
proper improbation;   2,  Actions of  reduction-improbation;   3,
Actions of simple reduction. Ersk. Pr. L. Scot. 4 1, 5,
   2. -  1. Proper improbation is an action brought for declaring
writing false or forged.
  3. - 2. Reduction-improbation is an action whereby a person who
may be  hurt, or  affected by a writing, insists for producing or
exhibiting it  in court,  in order  to have  it set  aside or its
effects ascertained, under the certification, that the writing if
not produced, shall be declared false and forged.

         Bouvier's Law Dictionary : A1 : Page 97 of 118

   4. - 3. In an action of simple reduction, the certification is
only temporary,  declaring the  writings called  for, null, until
they be  produced;   so that  they recover their full force after
their production. Ib. 4, 1, 8.

   ACTIONARY. A commercial term used among foreigners, to signify

   ACTIONES NOMINATAE.  Formerly the  English courts  of chancery
would make  no writs  when there  was no precedent, and the cases
for which  there were  precedents were called actiones nominatoe.
The statute  of Westm.  2, c. 24, gave chancery authority to form
new writs  in consimili casu. Hence arose the action on the case.
Bac. Ab. Court of Chancery, A;  17, Serg. R. 195.

   ACTIVE. The opposite, of passive. We say active debts, or debts
due to us;  passive debts are those we owe.

   ACTON BURNELL.  Statute of  Vide de Mercatoribus. Cruise, Dig.
tit. 14, s. 6.

   ACTOR, practice.  1. A plaintiff or complainant. 2. He on whom
the burden of proof lies. In actions of replevin both parties are
said to  be actors.  The proctor or advocate in the courts of the
civil law, was called actor.

   ACTS OF  COURT. In  courts of  admiralty, by  this  phrase  is
understood legal  memoranda of  the nature of pleas. For example,
the English  court of  admiralty disregards  all tenders,  except
those formally  made by  acts of court. Abbott on Ship. pi. 3, c.
10, §2,  p. 403;  4 Rob. R. 103;  1 Hagg. R. 157;  Dunl. Adm. Pr.
104, 6.

   ACTS OF  SEDERUNT. In the laws of Scotland, are ordinances for
regulating the  forms of proceeding, before the court of session,
in the  administration of justice, made by the judges, who have a
delegated power  from the legislature for that purpose. Ersk. Pr.
L. Scot. B. 1, t. 1, s. 14.

   ACTUAL. Real;  actual.
   2. Actual  notice. One which has been expressly given by which
knowledge of  a fact  hos been brought home to a party directly ;
it is opposed to constructive notice.
  3. Actual admissions. Those which are expressly made;  they are
plenary or partial. 4 Bouv. Inst. n. 4405.
   4. An  actual escape  takes place when a prisoner in fact gets
out of prison, and unlawfull regains his liberty. Vide Escape.

   ACTUARIUS. An ancient name or appellation of a notary.

   ACTUARY. A  clerk in  some corporations  vested  with  various
powers. In the ecclesiastical law he is a clerk who registers the
acts and constitutions of the convocation.

   ACTUS. A foot way and horse way. Vide Way.

   AD DAMNUM,  pleading. To the damage. In all personal and mixed
actions, with the exception of actions of debt qui tam, where the
plaintiff has  sustained no damages, the declaration concludes ad
damnum. Archb. Civ. Pl. 169.

   AD DIEM.  At the day, as a plea of payment ad diem, on the day
when the  money became  due. See  Solvit ad  diem, and  Com. Dig.
Pleader, 2 W. 29.

   AD INQUIRENDUM,  practice. A judicial writ, commanding inquiry
to be made of any thing relating to a cause depending in court.

   AD INTERIM. In the mean time. An officer is sometimes appointed
ad interim,  when the  principal officer  is absent,  or for some
cause incapable of acting for the time. AD LARGUM. At large;  as,
title at large, assize at large. See Dane's Abr. ch. 144,

         Bouvier's Law Dictionary : A1 : Page 98 of 118

   AD QUEM.  A Latin  expression which signifies to which, in the
computation of time or distance, as the day ad quem. The last day
of the term, is always computed. See A quo.

   QUOD DAMNUM,  Eng. law.  The name of a writ issuing out of and
returnable into chancery, directed to the sheriff, commanding him
to inquire  by a jury 'What damage it will be to the king, or any
other, to grant a liberty, fair, market, highway, or the like.

   AD SECTAM. At the suit of, commonly abbreviated ads. It isusual
in filing  pleas, and  other papers,  for a defendant, instead of
putting the  name of the plaintiff first, as Peter v. Paul to put
his own first, and instead of v. to put ads., as Paul ads. Peter.

   AD TERMINUM  QUI PRETERIIT.  The name of a writ of entry which
lay for  the lessor  or his  heirs, when a lease had been made of
lands or  tenements, for  term of  life or  years, and, after the
term had  expired, the lands were withheld from the lessor by the
tenant, or  other person  possessing the  same. F. N. B. 201. The
remedy now  applied for  holdiug over (q, v.) is by ejectment, or
under local regulations, by summary prooceedings.

   AD TUNC  ET IBIDEM.  That part  of an  indictment, where it is
stated that  the object-matter of the crime or offence " then and
there being  found," is  technically so called. N. C. Term R. 93;
Bac. Ab. Indictment, G 4.

   AD VITAM  AUT CULPAM.  An office to be so held as to determine
only by  the death  or delinquency  of the  possessor;   in other
words it is held quam diu se benegesserit.

   AD VALOREM. According to the value. This Latin term is used in
commerce in  reference  to  certain  duties,  called  ad  valorem
duties, which  are levied  on commodities  at certain  rates  per
centum on  their value.  See Duties;   Imposts;   Act of Cong. of
March 2, 1799, s. 61 of March 1, 1823 s. 5.

   ADDITION. Whatever is added to a man's name by way of title, as
additions of  estate, mystery,  or place.  10 Went.  Plead.  871;
Salk. 6;  2 Lord Ray. 988;  :1 WUS. 244, 5.
   2. Additions  of an  estate or quality are esquire, gentleman,
and the  like;   these titles can however be claimed by none, and
may be  assumed by any one. In Nash v. Battershy (2 Lord Ray. 986
6  Mod.   80,)  the  plaintiff  declared  with  the  addition  of
gentleman. The  defendant pleaded in abatement that the plaintiff
was no  gentleman. The  plaintiff de-murred, and it was held ill;
for, said  the  court,  it  amounts  to  a  confession  that  the
plaintiff is  no gentleman,  and then not the person named in the
count. He should have replied that he is a gentle- man.
   3. Additions  of  mystery  are  such  as  scrivener,  painter,
printer, manufacturer, &c.
 4.  Additions  of  places  are  descriptions  by  the  place  of
residence, as A. B. of Philadelpliia and thelike. See Bac. Ab. b.
t.;   Doct. PI. 71;  2 Vin. Abr. 77;  1 Lilly's Reg. 39;  1 Metc.
R. 151.
 5.  At common  law there  was no need of addition in any case, 2
Lord Ray.  988;   it was, required only by Stat. 1 H. 5. c. 5, in
cases where  process of  outlawry lies.  In all other cases it is
only a  description of  the  person,  and  common  reputation  is
sufficient. 2 Lord Ray. 849. No addition is necessary in a Homine
Replegiando. 2  Lord Ray. 987;  Salk. 5;  1 Wils. 244, 6;  6 Rep.

   ADDITIONALES, in contracts. Additional terms or propositions to
be added to a former agreement.

         Bouvier's Law Dictionary : A1 : Page 99 of 118

   ADDRESS, chan.  plead. That  part of a bill which contains the
appropriate and  technical description  of the  court  where  the
plaintiff seeks  his remedy.  Coop. Eq. PI. 8;  Bart. Suit in Eq.
20Story, Eq. PI. §26 Van Hey. Eq. Draft. 2.

   ADDRESS, legislation.  In Pennsylvania  it is  a resolution of
both, branches  of the  legislature,  two-thirds  of  each  house
concurring, requesting  the  governor  to  remove  a  judge  from
office. The  constitution of  that state,  art. 5,  s. 2, directs
that "  for any  reasonable cause, which shall not be, ground for
impeachment, the governor may remove any of them [the judges], on
the address  of two-third's  of each  branch of the legislature."
The mode  of removal by address is unknown to the constitution of
the, United  States, but  it is  recognized  in  several  of  the
states. In  some of  the  state  constitutions  the  language  is
imperative;   the governor when thus add ressed shall remove;  in
others it  is left to his discretion, he may remove. The relative
proportion of  each house  that must  join in the address, varies
also in  different states. In some a bare majority is sufficient;
in  others,   two-thirds  are   requisite;      and   in   others
three-fourths. 1 Journ. of Law, 154.

   ADEMPTION, wills.  A taking away or revocation of a legacy, by
the testator.
   2. It  is either  express or  implied. It  is the  former when
revoked in  express terms  by a  codicil or  later will;   it  is
implied when  by the  acts of  the testator  it is manifestly his
intention to  revoke it;  for example, when a specific legacy of,
a chattel is made, and afterwards the testator sells it;  or if a
father makes  provision for  a child  by his  will and afterwards
gives to  such child,  if a daughter, a portion in marriage;  or,
if a  son, a sum of money to establish him in life, provided such
portion or sum of money be equal to or greater than the legacy. 2
Fonbl. 368  et, seq. Toll. Ex. 320;  1 Vern. R. by Raithby, 85 n.
and the  cases there  cited. 1  Roper, Leg.  237, 256,  for,  the
distinction between specific and general legacies.

   ADHERING. Cleaving to, or joining;  as, adhering to the enemies
of the United States.
   2. The constitution of the United States, art. 3, s 3, defines
treason against the United States, to consist only in levying war
against them or in adhering to their enemies, giving them aid and
  3. The fact that a citizen is cruising in an enemy's ship, with
a design  to capture  or destroy  American  ships,  would  be  an
adhering to  the enemies  of the United States. 4 State Tr. 328 ;
Salk. 634;  2 Gilb. Ev. by Lofft, 798.
   4. If  war be  actually levied,  that is,  a body  of  men  be
actually assembled  for the  purpose  of  effecting  by  force  a
treasonable enterprise,  all those  who perform any part, however
minute, or  however remote  from the scene of action, and who are
leagued in  the  general  conspiracy  are  to  be  considered  as
traitors. 4 Cranch. 126.

   ADJOURNMENT. The dismissal by some court, legislative assembly,
or properly  authorized officer,  of the  business  before  them,
either finally,  which is called an adjournment sine die, without
day;   or, to  meet again  at another  time appointed,  which  is
called a temporary adjournment. 2. The constitution of the United
States, art.  1, s. 5, 4, directs that "neither house, during the
session of  congress, shall,  without the  consent of  the other,
adjourn for  more than  three days,  nor to any other place, that
that in  which the  two houses shall be sitting,." Vide Com. Dig.
h. t.;  Vin. Ab. h. t.;  Dict. de Jur. h. t.

         Bouvier's Law Dictionary : A1 : Page 100 of 118

   ADJOURNMENT-DAY. In  English practice, is a day so called from
its being  a further  day appointed  by the judges at the regular
sittings, to try causes at nisi prius.

   ADJOURNMENT-DAY IN  ERROR. In  the English  courts, is  a  day
appointed some  days before the end of the term, at which matters
left undone on the affirmance day are finished. 2 Tidd, 1224.

   ADJUDICATION, in practice. The giving or pronouncing a judgment
in a
 cause;  a judgment.

   ADJUDICATIONS, Scotch law. Certain proceedings against debtors,
by way  of actions,  before the  court of sessions and are of two
kinds, special and general.
   2. - 1. By statute 1672, c. 19, such part only of the debtor's
lands is  to be adjudged to the principal sum and interest of the
debt, with the compositions due to the superior, and the expenses
of infeoffment, and a fifth part more, in respect the creditor is
obliged to  take landsfor  his money  but  without  penalties  or
sheriff fees.  The debtor  must deliver  to the  creditor a valid
right to  the  lands  to  be  adjudged,  or  transumpts  thereof,
renounce the  possession in  his favor,  and ratify the decree of
adjudication: and  the law  considers the  rent of  the lands  as
precisely commensurate  to the  interest of  the debt.  In  this,
which is  called a  special adjudication,  the time  allowed  the
debtor to  redeem the lands adjudged, (called the legal reversion
or the legal,) is declared to be five years.
  3. - 2. Where the debtor does not produce a sufficient right to
the lands,  or is  not willing  to renounce  the  possession  and
ratify the  decree, the  statute makes it lawful for the creditor
to adjudge all right belonging to the debtor, in the same manner,
and under the same reversion of ten years. In this kind, which is
called a  general adjudication, the creditor must limit his claim
to the  principal sum,  interest and penalty, without demanding a
fifth part  more. See  Act 1  Feb. 1684;   Ersk.  Pr.   L. Scot,.
(????) s. 15, 16. See Diligences.

   ADJUNCTION. in civil law. Takes place when the thing belonging
to one  person is  attached or  united to  that which  belongs to
another, whether  this unionis  caused by  inclusion, as  if  one
man's diamond  be encased in another's ring;  by soldering, as if
one's guard  be soldered  on another's  sword;   by sewing, as by
employing the  silk of  one to  make the  coat of  another;    by
construction;   as by building on another's land;  by writing, as
when one writes on another's parchment;  or by painting, when one
paints a picture on another's canvas.
  2. In these cases, as a general rule, the accessory follows the
principal;   hence these  things which are attached to the things
of another  become the property of the latter. The only exception
which the  civilians made  was in  the case  of a  picture, which
although an  accession, drew  to itself the canvas, on account of
the importance which was attached to it. Inst. lib. 2, t. 1, §34;
Dig. lib.  41, t.  1, 1.  9, §  2. See Accession, and 2 Bl. Comm.
404;   Bro. Ab.  Propertie;  Com. Dig. Pleader, M. 28;  Bac. Abr.
Trespass, E 2. 1 Bouv. Inst. n. 499.

         Bouvier's Law Dictionary : A1 : Page 101 of 118

   ADJUNCTS, English law. Additional judges appointed to determine
causes in  the High  Court of  Delegates, when  the former judges
cannot decide  in consequence  of disagreement, or because one of
the law  judges of  the court was not one of the majority. Shelf.
on Lun. 310.

   ADJURATION. The  act by  which  one  person  solemnly  charges
another to tell or swear to the truth. Wolff. Inst. §374.

   ADJUSTMENT, maritime  law. The  adjustment of  a loss  is  the
settlling and  ascertaining the amount of the indemnity which the
insured after  all proper  allowances and  deductions  have  been
made, is  entitled to  receive, and the proportion of this, which
each underwriter  is liable  to pay, under the policy Marsh. Ins.
B. 1,  c. 14,  p. 617 or it is a written admission of the amounts
of the  loss as  settled between  the  parties  to  a  policy  of
insurance. 3 Stark. Ev. 1167, 8.
   2. In  adjusting a  loss, the first thing to be considered is,
how the  quantity of  damages  for  which  the  underwriters  are
liable, shall  be ascertained.  When a  loss is a total loss, and
the iusured  decides to  abandon, he  must give notice of this to
the underwriters  iii a  reasonable time, otherwise he will waive
his right  to abandon,  and must  be content  to claim only for a
partial loss. Marsh. Ins. B. 1, .c. 3, s. 2;  15 East, 559;  1 T.
R. 608;   9 East, 283;  13 East 304;  6 Taunt. 383. When the loss
is admitted  to be  total, and  the policy  is a  valued one, the
insured is  entitled to receive the whole sum insured, subject to
such deductions  as may have been agreed by the policy to be made
in case of loss.
   3. The  quantity of  damages being known, the next point to be
settled, is, by what rule this shall be estimated. The price of a
thing does  not afford  a just  criterion to  ascertain its  true
value. It  may have  been bought  very dear  or very  cheap.  The
circumstances of  time and  place cause  a continual variation in
the price  of things.  For  this  reason,  in  cases  of  general
average, the things saved contribute not according to prune cost,
but according to the price for which they may be sold at the time
of settling  the average.  Marsh. Ins. B. 1, c. 14, s. 2, p. 621;
Laws of  Wishuy, art.  20 Laws  of Oleron, art. 8 this Dict. tit.
Price. And  see 4  Dall. 430;   1 Caines' R. 80;  2 S. & R. 229 2
S.& R. 257, 258.
   4. An  adjustment being  endorsed on the policy, and signed by
the underwriters,  with the  promise to  pay in  a given time, is
prima facie evidence against them, and amouuts to an admission of
all the  facts necessary  to be  proved by the insured to entitle
him to  recover in  an action on the policy. It is like a note of
hand, and  being proved,  the insured  has no occasion to go into
proof of  any other circumstances. Marsh. Ins. B. 1, c. 14, s. 3,
p. 632;   3 Stark. Ev. 1167, 8 Park. ch. 4;  Wesk. Ins, 8;  Beaw.
Lex. Mer. 310;  Com. Dig. Merchant, E 9;  Abbott on Shipp. 346 to
348. See Damages.

   ADJUTANT. A military officer, attached to every battalion of a
regiment. It is his duty to superintend, under his superiors, all
matters relating  to the  ordinary routine  of discipline  in the

   ADJUTANT-GENERAL. A  staff officer;  one of those next in rank
to the Com mander-in-chief.

   ADJUNCTUM  ACCESSORIUM,  civil  law.  Something  which  is  an
accessory and appurtenant to another thing. 1 Chit. Pr. 154.

         Bouvier's Law Dictionary : A1 : Page 102 of 118

   ADMEASUREMENT OF  DOWER, remedies.  This remedy  is now nearly
obsolete, even  in England;  the following account of it is given
by Chief Baron Gilbert. "The writ of admeasurement of dower lieth
where the  heir when  he is  within age, and endoweth the wife of
more than  she ought  to have  dower of;   or  if the guardian in
chivalry, [for  the guardian  in  socage  cannot  assign  dower,]
endoweth the  wife of  more than  one-third part  of the  land of
which she  ought to  have dower,  then the heir, at full age, may
sue out  this  writ  against  the  wife,  and  thereby  shall  be
admeasured, and  the  surplusage  she  hath  in  dower  shall  be
restored to  the heir;   but  in such  case there  shall  not  be
assigned anew any lands to hold to dower, but to take from her so
much of  the lands as surpasseth the third part whereof she ought
to be  endowed;   and he  need not set forth of whose assignments
she holds."  Gilb. on Uses, 379;  and see F. N. B. 148;  Bac. Ab.
Dower, K;   F.  N. B.  148;   Co. Litt. 39 a;  2 Inst. 367 Dower;
Estate in Dower.

   ADMEASUREMENT OF  PASTURE, Eng.  law. The name of a writ which
lies where  any tenants  have common  appendant in another ground
and one  overcharges the common with beasts. The other commoners,
to obtain their just rights, may sue out this writ against him.

   ADMINICLE 1.  A term,  in the  Scotch and  French law, for any
writing or  deed referred to by a party, in an action at law, for
proving his  allegations. 2.  An ancient term for aid or support.
3. A  term in  the civil, law for imperfect proof. Tech. Dict. h.
t.;  Merl. Repert. mot Adminicule.

   ADMINICULAR EVIDENCE,  eccl. law.  This term  is used  in  the
eclesiastical law  to  signify  evidence,  which  is  brought  to
explain or complete other evidence. 2 Lee, Ecel.R. 595.

   TO ADMINISTER, ADMINISTERING. 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 person any poison or other destructive
things," &c. every such offender, &c. In a case which arose under
this statute,  it was  decided that  to  constitute  the  act  of
administering the  poison, it  was not absolutely necessary there
should have  been a  delivery to  the party poisoned, but that if
she took  it from  a place  where it  had been put for her by the
defendant, and  any part  of it  went into her stomach, it was an
administering. 4  Carr. &  Payne, 369;  S. C. 19 E. C. L. R. 423;
1 Moody's  C. C.  114;   Carr.  Crim.  L.  23.  Vide  Attempt  to

   TO ADMINISTER, trusts. To do some act in relation to an estate,
such as  none but  the owner, or some one authorized by him or by
the law,  in caseof  his decease, could legally do. 1 Harr. Cond.
Lo. R. 666.

   ADMINISTRATION, trusts.  The management  of the  estate of  an
intestate, a  minor, a  lunatic, an  habitual drunkard,  or other
person who is incapable of managing his own affairs, entrusted to
an administrator  or other trustee by authority of law. In a more
confinedsense, and  in which  it will  be used  in this  article,
administration is  the management of an intestate's estate, or of
the estate  of a  testator who,  at the  time administration  was
granted, had no executor.
    2.  Administration  is  granted  by  a  public  officer  duly
authorized to  delegate  the  trust;    he  is  sometimes  called
surrogate, judge  of probate,  register of wills and for granting
letters of administration. It is to be granted to such persons as
the statutory provisions of the several states direct. In general
the right  of administration belongs to him who" has the right to
the vendue  of the personalty: as if A make his will, and appoint
B his  executor, who  dies intestate, and C is the legatee of the
residue of  A's estate,  C has  the right  of administration  cum
testamento annexo.  2 Strange,  956;  12 Mod. 437, 306;  1 Jones,
225;  1 Croke. 201;  2 Leo. 55;  1 Vent. 217.

         Bouvier's Law Dictionary : A1 : Page 103 of 118

   3. There  are several  kinds of  administrations, besides  the
usual kind which gives to the administrator the management of all
the personal  estate of  the  deceased  for  an  unlimited  time.
Administration  durante  minore  oetate,  administration  durante
absentia, administration  pendente lite,  administration de bonis
non, administration cum testamento annexo.

   ADMINISTRATION, government.  The management  of the affairs of
the government;   this  word  is  also  applied  to  the  persons
entrusted with the management of the publio affairs.

   ADMIINISTRATOR, trusts.  An administrator is a person lawfully
appointed,   with his  assent, by an officer having jurisdiction,
to manage and settle the estate of a deceased person who has left
no executor, or one who is for. the time incompetent or unable to
  2. It will be proper to consider, first, his rights;  secondly,
his duties.;   thirdly,  the number  of administrators, and their
joint and  several  powers;    fourthly,  the  several  kinds  of
   3. -  1. By  the grant  of the letters, of administration, the
administrator  is  vested  with  full  and  ample  power,  unless
restrained to  some special administration, to take possession of
all the  personal estate  of the  deceased and  to sell  it;   to
collect the  debts due  to him;   and  to represent  him  in  all
matters which  relate to  his chattels  real or  personal. He  is
authorized to  pay the  debts of the, intestate in the order dire
ted by  law;  and, in the United States, he is generally entitled
to a  just compensation,  which is  allowed him as commmisions on
the amount whichpasses through his hands.
   4. -  2. He is bound to use due diligence in the management of
the estate;   and  he is generally on his appointment required to
give security  that he  will do  so;   he is  responsible for any
waste which. may happen for his default. See Devastavit.
   5. Administrators  are authorized to bring and defend actions.
They sue and are sued in their own names;  as, A B, administrator
of C D, v. E F;  or E F v. A B, administrator of C D.
  6. - 3. As to the number of administrators. There may be one or
more. When  there are several they must, in general, act together
in bringing  suits, and  they must  all be  sued  ;    but,  like
executors, the  acts of each, which relate to the delivery, gift,
sale, payment,  possession. or  release of the intestate's goods,
are considered  as of equal validity as the acts of all, for they
have a  joint power  and  authority  over  the  whole.  Bac.  Ab.
Executor, C 4;  11 Vin. Ab. 358;  Com. Dig. Administration, B 12;
1 Dane's Ab. 383;  2 Litt. R. 315. On the death of one of several
joint administrators,  the  whole  authority  is  vested  in  the
   7. - 4. Administrators are general, or those who have right to
administer the  whole estate  of the intestate;  or special, that
is, those who administer it in part, or for a Iimited time.

         Bouvier's Law Dictionary : A1 : Page 104 of 118

   8 - 1. General administrators are of two kinds, namely: first,
when  the   grant  of   administration  is   unlimited,  and  the
administrator is  required to  administer the whole estate. under
the intestate  laws. secondly,  when the  grant is  made with the
annexation of  the will,  which is the guide to the administrator
to  administer   and   distribute   the   estate.   This   latter
administration is  granted when the deceased has made a will, and
either he  has not appointed an executor, or having appointed one
he refuses  to serve,  or dies,  or is  incompetent to act;  this
last kind  is called  an administrator  cum testamento  annexo. 1
Will. on Wills, 309.
   9. -  2. Special administrators are of two kinds;  first, when
the administration  is limited  to part  of the  estate,  as  for
example, when  the former  administrator has died, leaving a part
of the  estate unadministered,  an administrator  is appointed to
administer the  remainder, and  he is  called an administrator de
bonis non.  He has all the powers of a common administrator. Bac.
Ab. Executors,  B 1;   Sw.  396;   Roll. Ab. 907;  6 Sm. & Marsh.
323.  When  an  executor  dies  leaving  a  part  of  the  estate
unadministered,  the  administrator  appointed  to  complete  the
execution of the win is called an administrator de bonis non, cum
testamento annexo.  Com. Dig.  Administrator, B 1. Secondly, When
the authority  of  the  administrator  is  limited  as  to  time.
Administrators of  this kind  are, 1.  An  administrator  durante
minore oetate.  This administrator  is appointed  to act  as such
during the  minority of  an infant  executor,  until  the  latter
shall, attain his lawful age to act. Godolph. 102;  5 Co. 29. His
powers extend  to administer  the estate so far as to collect the
same, sell  a sufficiency  of the  personal property  to pay  the
debts, sell bona peritura, and perform such other acts as require
immediate attention. He may sue and be sued. Bac. Ab. Executor, B
1 ;   Roll.  Ab. 110;   Cro.  Eliz. 718.  The powers  of such  an
administrator cease,  as soon  as the infant executor attains the
age at which the law authorizes him to act for himself, which, at
common law,  is seventeen  years, but  by statutory  provision in
several states twenty-one years.
   10. -  2. An  administrator durante  absentid, is  one who  is
appointed to  administer the  estate during  the absence  of  the
executor, before  he has  proved the  will. The  powers  of  this
administrator continue  until the  return of  the executor,  and.
then his  powers cease  upon the  probate  of  the  will  by  the
executor. 4  Hagg. 860.  In England  it has been holden, that the
death of  the executor abroad does not determine the authority of
the administrator durante absentia. 3 Bos. & Pull. 26.
   11.  -  3.  An  administrator  pendente  lite.  Administration
pendente lite  may be  granted pending the controversy respecting
an alleged  will and it has been granted pending a contest as to,
the right  to administration. 2 P. Wms. 589;  2 Atk. 286;  2 Cas.
temp. Lee,  258. The  administrator pendente  lite is  merely  an
officer of  the court,  and holds the property only till the suit
terminates. 1  Hagg. 313. He may maintain suits, 1 Ves. sen. 325;
2 Ves.  & B.  97;   1 Ball  & B.  192;  though his power does not
extend to the distribution of the assets. 1 Ball & B. 192.

   ADMINISTRATRIX. This term is applied to a woman to whom letters
of administration have been granted. See Administrator.

   ADMIRAL, officer.  In some countries is the commander in chief
of the  naval forces.  This office  does not  exist in the United

         Bouvier's Law Dictionary : A1 : Page 105 of 118

  ADMIRALTY. The name of a jurisdiction which takes cognizance of
suits or  actions which arise in consequence of acts done upon or
relating to the sea;  or, in other words, of all transactions and
proceedings relative  to commerce  and navigation, and to damages
or injuries upon the  sea. 2 Gall. R. 468.  In the great maritime
nations  of   Europe,  the  term  "admiralty  jurisdiction,"  is,
uniformly applied to courts exercising jurisdiction over maritime
contracts and  concerns.  It is as  familiarly  known  among  the
jurists of  Scotland, France,  Holland and  Spain, as of England,
and applied  to their  own courts,  possessing substantially  the
same jurisdiction  as the  English Admiralty  had in the reign of
Edward III.  Ibid., and  the authorities  there cited;   and see,
also,  Bac.  Ab.  Court  of  Admiralty;    Merl.  Repert.  h.  t.
Encyclopedie, h. t.;  1 Dall. 323.

   2. The  Constitution of the United States has delegated to the
courts of  the national government  cognizance  "of all cases  of
admiralty and maritime jurisdiction;"  and  the  act of September
24, 1789,  ch. 20 s. 9,  has given the district court "cognizance
of all  civil causes  of admiralty  and  maritime  jurisdiction,"
including all seizures under laws of imposts, navigation or trade
of the  United States,  where the  seizures are  made  on  waters
navigable from  the sea,  by vessels  of ten or more tons burden,
within their respective districts, as well as upon the high seas.

   3. It is not within the plan of this work to enlarge upon this
subject.  The reader is  referred to  the article  Courts of  the
United States,  where he  will find  all which  has been  thought
necessary to  say upon it as  been the subject.  Vide, generally,
Dunlap's Adm. Practice;  Bett's Adm. Practice;  1 Kent's Com. 353
to 380;  Serg. Const. Law, Index, h. t.;  2 Gall. R. 398. to 476;
2 Chit.  P. 508;   Bac. Ab. Courts of Admiralty;  6 Vin. Ab. 505;
Dane's Ab.  Index b.  t;  12 Bro. Civ. and Adm. Law;  Wheat. Dig.
1;   1 Story  L. U.  S. 56,  60;  2 Id. 905, 3 Id. 1564, 1696;  4
Sharsw. cont.  of Story's  L.  U.  S.  2262;    Clerke's  Praxis;
Collectanea Maritima;  1 U. S. Dig. tit. Admiralty Courts, XIII.

   ADMISSION, in  corporations  or  companies.  The  act  of  the
corporation or company by which an individual acquires the rights
of a member of such corporation or company.
  2. In trading and joint stock corporations no vote of admission
is requisite;   for  any person who owns stock therein, either by
original subscription  or by  conveyance, is  in general entitled
to, and cannot be refused, the rights and privileges of a member.
3 Mass. R. 364;  Doug. 524;  1 Man. & Ry. 529.
   3. All that can be required of the person demanding a transfer
on the  books, is  to prove  to the  corporation his right to the
property. See 8 Pick. 90.
   4. In  a Mutual  Insurance Company,  it has  been held, that a
person may  become a  member by insuring his property, paying the
premium and  deposit-money, and  rendering himself  liable to  be
assessed according  to the  rules of  the corporation. 2 Mass. R.

   ADMISSIONS,  in  evidence.  Concessions  by  a  party  of  the
existence of certain facts. The term admission is usually applied
to civil  transactions, and to matters of fact in criminal cases,
where there is no criminal intent the term confession, (q. v.) is
generally considered as an admission of guilt.
   2. An  admission is  the testimony  which the  party admitting
bears to  the truth  of a fact against himself. It is a voluntary
act,which he  acknowledges as  true  the  fact  in  dispute.  [An

         Bouvier's Law Dictionary : A1 : Page 106 of 118

admission and  consent are,  in fact,  one and  the  same  thing,
unless indeed for more exactness we say, that consent is given to
a present  fact or  agreement, and  admission has reference to au
agreement or a fact anterior for properly speaking, it is not the
admission which  forms  a  contract,  obligation  or  engagement,
against the  party admitting.  The admission  is, by  its nature,
only the  proof of  a pre-existing obligation, resulting from the
agreement or  the fact, the truth of which is acknowledged. There
is still  another remarkable  difference  between  admission  and
consent: the  first is  always free  in its  origin, the  latter,
always morally  forced. I  may refuse to consent to a proposition
made to  me, abstain from a fact or an action which would subject
me to  an obligation  ;   but once  my consent  is given,  or the
action committed,  I am  no longer  at liberty  to deny or refuse
either;   I  am  constrained  to  admit,  under  the  penalty  of
dis-honor and  infamy. But notwithstanding all these differences,
admission is  identified with  consent, and  they  are  both  the
manifestation  of   the  will.  These  admissions  are  generally
evidence of  those facts,  when  the  admissions  themselves  are
  3. The admissibility and effect of evidence of this description
will be  considered generally,  with respect  to the  nature  and
manner, of  the admission  itself and,  secondly, with respect to
the parties to be affected by it.
   4. In  the first  place, as  to the  nature and  manner of the
admission;   it is either made with a view to evidence;  or, with
a view  to induce  others to act upon the representation;  or, it
is an unconnected or casual representation.
   5. -  1. As  an instance  of admission  made with  a  view  to
evidence may  be mentioned  the case  where a  party has solemnly
admitted a  fact under  his hand  and seal,  in which case he is,
estopped, not only from disputing the deed itself, but every fact
which it  recites. B.  N. P.  298;   1  Salk.  186;    Com.  Dig.
Estoppel, B 5;  Stark. Ev. pt. 4, p. 3 1.
   6. -  2. Instances  of thing  second class of admissions which
have induced  others to  act upon  them are those where a man has
cohabited with a woman, and treated her in the front of the world
as his  wife, 2  Esp. 637;   or where he. has held himself out to
the world  in a  particular character;   Ib.  1 Camp.  245 ;   he
cannot in  the one  case deny  her to  be his Wife when sued by a
creditor who  has supplied  her with  goods as  such, nor  in the
other can he divest himself of the character be has assumed.
  7. - 3. Where the admission or declaration is not direct to the
question pending,  although admissible,  it  is  not  in  general
conclusive evidence;   and  though a  party may by falsifying his
former  declaration,   show   that   he   has   acted   illegally
andimmorally, yet if he is not guilty of any breach of good faith
in the  existing transaction,  and has not induced others, to act
upon his  admission or  declaration, nor derived any benefit from
it against  his adversary, be is not bound by it. The evidence in
such cases is merely presumptive, and liable to be rebutted.
   8. Secondly, with respect to the parties to be affected by it.
1. By  a party  to a suit, 1 Phil. Ev. 74;  7 T. R. 563;  1 Dall.
65. The admissions of the party really interested, although he is
no party to the suit, are evidence. 1 Wils. 257.

         Bouvier's Law Dictionary : A1 : Page 107 of 118

   9. -  2. The admissions of a partner during the existence of a
partnership, are evidence against both. 1 Taunt. 104;  Peake's C.
203 1  Stark. C.  81. See  10 Johns. R. 66 Ib. 216;  1 M. & Selw.
249.  As  to  admissions  made  after  the  dissolution.  of  the
partnership, see  3 Johns.  R. 536;   15  Johns. R.  424 1 Marsh.
(Kentucky) R.  189. According to the English decisions, it seems,
the admissions  of one  partner, after the dissolution, have been
holden to  bind the  other partner;  this rule has been partially
changed by  act of parliament. Colly. on Part. 282;  Stat. 9 Geo.
IV. c.  14, (May  9, 1828.)  In the  Supreme Court  of the United
States, a  rule, the  reverse of  the English,  has been adopted,
mainly on  the ground,  that the  admission is  a new contract or
promise,  springing   out  of,  ana  supported  by  the  original
consideration. 1  Pet. R.  351;   2 M'Lean,  87. The state courts
have varied  in their  decisions some  have adopted  the  English
rule;   and, in  others it  has been overruled. 2 Bouv. Inst. ii.
1517;   Story, Partn.  §324;   3 Kent,  Com. Lect. 43, p. 49, 4th
ed.;   17 S.  & R.  126;   15 Johns. R. 409;  9 Cowen, R. 422;  4
Paige, R. 17;  11 Pick. R. 400;  7 Yerg. R. 534.
   10. -  3. By  one of  several persons  who have a community of
interest. Stark, Ev. pt. 4, p. 47;  3 Serg. & R. 9.
   11. - 4. By an agent, 1 Phil. Ev. 77-82 3 Paley Ag. 203-207. -
   12. - 5. By an attorney, 4 Camp. 133; by wife, Paley, Ag. 139,
n. 2 Whart. Dig. tit. Evidence, 0 7 T. R. 112 ;  Nott & M'C. 374.
   13. Admissions are express or implied. An express admission is
one made  in direct  terms. An  admission may be implied from the
silence of  the party, and may be presumed. As for instance, when
the existence  of the  debt, or of the particular right, has been
asserted in  his presence, and he has not contradicted it. And an
aquiescence and  endurance, when  acts are done by another, which
if wrongfully  done, are  encroachments, and  call for resistance
and opposition, are evidence, as a tacit admission that such acts
could not  be  legally  resisted.  See  2  Stark.  C.  471.  See,
generally, Stark.  Ev. part 4, tit. Admissions;  1 Phil. Ev. part
1, c.  5, s . 4;  1 Greenl. Ev. §169-212;  2 Evans' Pothier, 319;
8 East,  549, ii.  1;  Com. Dig. Testemoigne, Addenda, vol. 7, p.
434;   Vin. Abr.  Evidence, A,  b. 2,  A, b.  23 Ib. Confessions;
this Dict. tit. Confessions, Examination;  Bac. Abr. Evidence L.;
Toullier, Droit,  Civil Francais,  tome 10, p. 375, 450;  3 Bouv.
Inst. n. 3073.

   ADMISSIONS,  of   attorneys   and   counsellors.   To  entitle
counsellors and  attorneys to  practice in  court, they  must  be
admitted by  the court  to practice there. Different statutes and
rules have been made to regulate their admission;  they generally
require a  previous qualification by study under the direction of
some practicing counsellor or attorney. See 1 Troub. & Haly's Pr.
18;  1 Arch. Pr. 16;  Blake's Pr. 30.

   ADMISSIONS.  in  pleading.  Where  one  party  means  to  take
advantage of,  or rely upon some matter alleged by his adversary,
and to make it part of his case, he ought to admit such matter in
his own  pleadings;   as if  either party  states the title under
which his  adversary claims,  in which  instances it ,is directly
opposite in  its nature  to a protestation. See Prote stando. But
where the party wishes to prevent the application of his pleading
to some  matter contained  in the  pleading of his adversary, and
therefore makes  an express  admission of  such matter  (which is
sometimes the  case,) in order to exclude it from the issue taken
or the like, it is somewhat similar in operation and effect, to a

         Bouvier's Law Dictionary : A1 : Page 108 of 118

   2. The  usual mode of making an express admission in pleading,
is, after saying that the plaintiff ought not to have or maintain
his action, &c., to proceed thus, " Because he says that although
it be  true that"  &c. repeating  such of  the allegations of the
adverse party as are meant to be admitted. Express admissions are
only matters  of fact  alleged in  the pleadings;  it never being
necessary expressly  to admit  their legal  sufficiency, which is
always taken  for granted, unless some objection be made to them.
Lawes' Civ.  Pl. 143,  144. See  1 Chit PI. 600;  Arcbb. Civ. PI.
  3. In chancery pleadings, admissions are said to be plenary and
partial. They  are plenary  by force  of terms  not only when the
answer runs  in this  form, "the defendant admits it to be true,"
but also  when he simply asserts, and generally speaking, when be
says, that  "he has  been informed,  and believes it to be true,"
without adding a qualification such as, "that he does not know it
of his  own knowledge  to be so, and therefore does not admit the
same." Partial  admissions are those which are delivered in terms
of uncertainty, mixed up as they frequently are, with explanatory
or qualifying circumstances.

   ADMISSIONS, in  practice, It,  frequently occurs  in practice,
that in  order to  save expenses  as to  mere formal  proofs, the
attorneys on  each side  consent to  admit, reciprocally, certain
facts in the cause without calling for proof of them.
   2. These  are usually  reduced to  writing, and the, attorneys
shortly, add  to this  effect, namely,  " We agree that the above
facts shall  on the trial of this cause be admitted, and taken as
proved  on  each  side;"  and  signing  two  copies  now  called,
"admissions "  in the  cause, each attorney takes one. Gresl. Eq.
Ev. c. 2, p. 38.

   ADMITTANCE, Eng.  law. The  act  of  giving  possession  of  a
copyhold estate,  as livery of seisin is of a freehold;  it is of
three kinds, namely uponavoluntary
 grant  by the  lord) upon  a surrender  by the former tenant and
upon descent.

   ADMIITENDO IN  SOCIUM. Eng.  law. A  writ associating  certain
persons to justices of assize.

   ADMONITION. A  reprimamd from  a judge to a person accused, on
being discharged, warning him of the consequences of his conduct,
and intimating to him, that should he be guilty of the same fault
for which  he has  been admonished,  he  will  be  punished  with
greater severity. Merlin, Repert. h. t.
  2. The admonition was authorized by the civil law, as a species
of punishment for slight misdemeanors. Vide Reprimand

   ADNEPOS. A  term employed  by the  Romans  to  designate  male
descendants in  the fifth  degree, in a direct line. This term is
used in making genealogical tables.

   ADOLESCENCE, persons.  That  age  which  follows  puberty  and
precedes the  age  of  majority;    it  commences  for  males  at
fourteen,  and   for  females  at  twelve  years  completed,  and
continues till twenty-one years complete.

   ADOPTION, civil law. The act by which a person chooses another
from a  strange family,  to have all the rights of his own child.
Merl. Repert.  h. t.;   Dig. 1, 7, 15, 1;  and see Arrogation. By
art. 232, of the civil code of Louisiana, it is abolished in that
state. It never was in use in any other of the United States.

         Bouvier's Law Dictionary : A1 : Page 109 of 118

   ADROGATION, civil  law. The  adoption of  one who was impubes,
that is,  if a  male, under  fourteen years of age;  if a female,
under twelve. Dig. 1, 7, 17, 1.

   ADULT, in the civil law. An infant who, if a boy, has attained
his full  age of  fourteen years,  and if a girl, her full age of
twelve. Domat,  Liv. Prel. t. 2, s. 2, n. 8. In the common law an
adult is considered one of full age. 1 Swanst. R. 553.

   ADULTERATION. This  term denotes  the act  of mixing something
impure with  something pure,  as, to  mix an inferior liquor with
wino;  au inferior article with coffee, tea,.and the like.

   ADULTERINE. A term used in the civil law to denote the issue of
an adulter- ous intercourse. See Nicholas on Adulterine Bastardy.

   ADULTERIUM. In  the old records this word does not signify the
offence of   adultery,  but the  fine imposed for its commission.
Barr. on the Stat. 62, note.

   ADULTERY, criminal  law. From ad and alter, another person;  a
criminal conversation,  between a  man married  to another woman,
and a  woman married  to another  man, or a married and unmarriod
person. The  married person  is guilty of adultery, the unmarried
of fornicatiou.  (q. v.)  1 Yeates,  6;   2 Dall. 124;  but see 2
Blackf. 318.
   2. The elements of this crime are, 1st, that there shall be an
unlawful carnal  connexion;  2dly, that the guilty party shall at
the time be married;  3dly, that he or she shall willingly commit
the offence;   for a woman who has been ravished against her will
is not  guilty of adultery. Domat, Supp. du Droit Public, liv. 3,
t. 10, n. 13.
  3. The punishment of adultery, in the United States, generally,
is fine and imprisonment.
   4.  In  England  it  is  left  to  the  feeble  hands  of  the
ecclesiastical courts to punish this offence.
   5. Adultery  in one  of the  married persons is good cause for
obtaining a  divorce by the innocent partner. See 1 Pick. 136;  8
Pick. 433;   9 Mass. 492: 14 Pick. 518;  7 Greenl. 57;  8 Greenl.
75;  7 Conn. 267 10 Conn. 372;  6 Verm. 311;  2 Fairf. 391 4 S. &
R. 449;   5  Rand. 634;   6 Rand. 627;  8 S. & R. 159;  2 Yeates,
278, 466;  4 N. H. Rep. 501;  5 Day, 149;  2 N. & M. 167.
  6. As to proof of adultery, see 2 Greenl. §40, Marriage.

   ADVANCEMENT. That  which is  given by a father to his child or
presumptive heir,  by anticipation  of whathe  might  inherit.  6
Watts, R. 87;  17 Mass. R. 358;  16 Mass. R. 200;  4 S. & R. 333;
11 John. R. 91;  Wright, R. 339. See also Coop Just. 515, 575;  1
Tho. Co.  Lit. 835,  6;  3 Do. 345, 348;  Toll. 301;  5 Vez. 721;
2 Rob.  on Wills,  128;  Wash. C. C. Rep. 225;  4 S. & R. 333;  1
S. & R. 312;  3 Conn. Rep. 31;  and post Collatio bonorum.
  2. To constitute an advancement by the law of England, the gift
must be  made by  the father  and not by another, not even by the
mother. 2 P. Wms. 856. In Pennsylvania a gift of real or personal
estate by  the father  or mother may be an advancement. 1 S. & R.
427;   Act 19  April 1794, §9;  Act 8 April, 1833, §16. There are
in the  statute laws of the several states provisions relative to
real and  personal estates,  similar in  most respects  to  those
which exist in the English statute of distribution, concerning an
advancement to  a child.  If any  child of the intestate has been
advanced by him by settlement, either out of the real or personal
estate, or  both, equal or superior to the amount in value of the
share of such child which would be due from the real and personal
estate, if  no such advancementhad been made, then such child and
his descendants,  are excluded  from any  share in  the  real  or
personal estate of the intestate.

         Bouvier's Law Dictionary : A1 : Page 110 of 118

  3. But if the advancement be not equal, then such child, and in
case of his death, his descendants, are entitled to receive, from
the  real   and  personal  estate,  sufficient  to  make  up  the
deficiency, and no more.
  4. The advancement, is either express or implied. As to what is
an implied advancement, see 2 Fonb. Eq. 121;  1 Supp. to Ves. Jr.
84;   2 lb.  57;   1 Vern. by Raithby, 88, 108, 216;  5 Ves. 421;
Bac. Ab. h. t.;  4 Kent, Com. 173.
   5. A  debt due  by a  child to  his  father  differs  from  an
advancement. In case of a debt, the money due may be recovered by
action for  the use  of the estate, whether any other property be
left by the deceased or not;  whereas, an advancement merely bars
the child's  right to  receive any  part of  his father's estate,
unless he  brings into  hotch pot the property advanced. 17 Mass.
R. 93,  359. See, generally, 17 Mass. R. 81, 356;  4 Pick. R. 21;
4 Mass.  R. 680;   8 Mass. R. 143;  10. Mass. R. 437;  5 Pick. R.
527;  7 Conn. R. 1;  6 Conn. R. 355;  5 Paige's R. 318;  6 Watts'
R. 86,  254, 309;   2  Yerg. R.  135;   3 Yerg.  R. 95;  Bac. Ab.
Trusts, D;   Math.  on Pres.  59;   5 Hayw. 137;  11 John. 91;  l
Swanst. 13;   1 Ch. Cas. 58;  3 Conn. 31;  15 Ves. 43, 50;  U. S.
Dig. h. t.;  6 Whart. 370;  4 S. & R. 333;  4 Whart. 130, 540;  5
Watts, 9;  1 Watts & Serg. 390;  10 Watts, R. 158;  5 Rawle, 213;
5 Watts,  9, 80;   6  Watts &  Serg. 203.  The law  of France  in
respect to  advancements is  stated at  length in  Morl. Rep.  de
Jurisp. Rapport a succession.

   ADVANCES, contracts. Said to take place when, a factor or agent
pays to  his principal  , a  sum of, money on the credit of goods
belonging to  the principal,  which are  placed,  or  are  to  be
placed, in  the possession  of the  factor or  agent, in order to
reimburse himself  out of  the proceeds of the sale. In such case
the factor  or agent has a lien to the amount of his claim. Cowp.
R. 251;  2 Burr. R. 931;  Liverm. on Ag. 38;  Journ. of Law, 146.
  2. The agent or factor has a right not only to advances made to
the owner -of goods, but also for expenses and dishursements made
in the  course of  his agency,  out of his own moneys, on account
of, or  for the  benefit of  his principal;   such  as incidental
charges  forwarehouse-room,  duties,  freight,  general  average,
salvage, repairs,  journeys, and  all other acts done to preserve
the property  of the  principal,  and  to  enable  the  agent  to
accomplish the  objects of the principal, are to be paid fully by
the latter. Story on Bailm. 197;  Story on Ag. §335.
   3. The advances, expenses and dishursements of the agent must,
however, have been made in good faith, without any default on his
part Liv. on Ag. 14-16;  Smith on Merc. 56 Paley on Ag. by Lloyd,
109;  6 East, R. 392;  2 Bouv. list. n. 1340.
  4. When the advances and dishursements have been properly made,
the agent  is entitled  not only  to the  return of  the money so
advanced, but  to interest  upon such advances and dishursements,
whenever from  the nature of the business, or the usage of trade,
or the  particular agreement  of the  parties, it  may be  fairly
presumed to  be stipulated  for, or  due to the agent. 7 Wend. R.
315;   3 Binn. R. 295;  3 Caines' R. 226;  1 H. Bl. 303;  3 Camp.
R. 467  15 East,  R. 223;   2 Bouv. Inst. n. 1341. This just rule
coincides with  the civil law on this subject. Dig. 17, 1, 12, 9;
Poth. Pand. lib. 17, t. 1, n. 74.

         Bouvier's Law Dictionary : A1 : Page 111 of 118

   ADVENTITIOUS,   adventitius.   From   advenio;     what  comes
incidentally;   us adventitia  bona, goods  that, fall  to a  man
otherwise than  by inheritance;   or  adventitia dos,  a dowry or
portion given by some other friend beside the parent.

   ADVENTURE, bill of. A writing signed by a merchant, to testify
that the  goods shipped  on board  a certain  vessel are  at  the
venture of  another person,  he himself being answerable only for
the produce. Techn. Dict.

   ADVENTURE, crim. law. See Misadventure.

   ADVENTURE, mer.  law. Goods  sent abroad  under the  care of a
supercargo, to  be disposed  of to  the best  advantage  for  the
benefit of his employers, is called an adventure.

   ADVERSARY. One  who is  a party in a writ or action opposed to
the other party.

   ADVERSE POSSESSION,  title to lands. The enjoyment of land, or
such estate  as  lies  in  grant,  under  such  circumstances  as
indicate that  such enjoyment  has been  commenced and contiuued,
under an  assertion  or  color  of  right  on  the  part  of  the
possessor. 3  East, R. 394;  1 Pick. Rep. 466;  1 Dall. R. 67;  2
Serg. &  Rawle, 527;   10  Watts R,  289;  8 Con R. 440;  3 Penn.
132;  2 Aik. 364;  2 Watts, 23;  9, John. 174;  18 John. 40, 355;
5 Pet.  402;  4 Bibb, 550. Actual possession is a pedis possessio
which can  be only  of ground  enclosed, and only such possession
can a  wrongdoer have.  He can have no constructive possession. 7
Serg. & R. 192;  3 Id. 517;  2 Wash. C. Rep. 478, 479.
  2. When the possession or enjoyment has been adverse for twenty
years, of  which the jury are to judge from the circumstances the
law raises  the presumption of a grant. Ang. on Wat. Courses, 85,
et seq.  But  this  presumption  arises  only  when  the  use  or
occupation would  otherwise have been unlawful. 3 Greenl. R. 120;
6 Binn. R. 416;  6 Cowen, R. 617, 677;  Cowen, R. 589;  4 S. & R.
456. See 2 Smith's Lead. Cas. 307-416.
   3. There are four general rules by which it may be ascertained
that possession  is  not  adverse;    these  will  be  separately
   4.- 1. When both parties claim under the same title;  as, if a
man seised  of certain  land in  fee, have issue two sons and die
seised, and one of the sons enter by abatement into the land, the
statute, of  limitations will  not operate against the other son;
for when  the abator  entered into the land of his father, before
entry made  by his  brother, the  law  intends  that  he  entered
claiming as heir to his father, by which title the other son also
claims. Co. Litt s. 396.
  5. - 2. When the possession of the one party is consistent with
the title  of the  other;   as, where, the rents of a trust state
were received  by a  cestui que  trust for more than twenty years
after the creation of the trust, without any interference, of the
trustee, such ppssession being consistent with and secured to the
cestui qwe  trust by  the terms of the deed, the receipt was held
not to be adverse to the title of the trustee. 8 East. 248.
   6. -  3. When, in contemplation of law, the claimant has never
been out of possession;  as, where Paul devised lands to John and
his heirs,  and died,  and John died, and afterwards the heirs of
John and  a stranger  entered, and  took the  profits for  twenty
years;  upon ejectment brought by the devisee of the heir of John
against the  stranger, it  was held  that the  perception of  the
rents and  profits  by  the  stranger  was  not  adverse  to  the
devisee's title;   for  when two  men are  in possession, the law
adjudges it  to be  the possession of him who has the right. Lord
Raym. 329.

         Bouvier's Law Dictionary : A1 : Page 112 of 118

   7. -  4. When  the occupier  has acknowledged  the  claimant's
titles;   as, if a lease be granted for a term, and, after paying
the rent  for the  land during  such term,  the tenant  hold  for
twenty years  without paying  rent, his  possession will  not  be
adverse. See  Bos. &  P. 542;   8 B. & Cr. 717;  2 Bouv. Inst. n.
2193-94, 2351.

   ADVERTISEMENT. A 'notice' published either in handbills or in a
   2. The  law in many instances requires parties to advertise in
order to  give notice  of acts  which are  to be  done;  in these
cases, the advertisement is in general equivalent to notice.
   3. When  an advertisement  contains  the  terms  of  sale,  or
description of  the property to be sold, it will bind the seller;
and if  there be  a material  misrepresentation, it may avoid the
contract, or at least entitle the purchaser to a compensation and
reduction from  the agreed,  price. Kapp's  R. 344;   1 Chit. Pr.

   ADVICE, com.  law. A  letter  containing  information  of  any
circumstances unknown  to the person to whom it is written;  when
goods are  forwarded by  sea or  land, the  letter transmited  to
inform the  consignee of  the fact, is termed advice of goods, or
letter of  advice. When  one  merchant  draws  upon  another,  he
generally advises  him of the fact. These letters are intended to
give notice of the facts they contain.

   ADVICE, practice.  The  opinion  given  by  counsel  to  their
clients;   this should never be done but upon mature deliberation
to the  best of the counsel's ability;  and without regard to the
consideration whether  it will  affect the  client  favorably  or

   ADVISEMENT. Consideration, deliberation, consultation;  as the
court holds the case under advisement.

   ADVOCATE, civil  and ecclesiastical  law. 1.  An  officer  who
maintains or de fends the rights of his client in the same manner
as the counsellor does in the common law.
   2. Lord  Advocate. An, officer of state in Scotland, appointed
by the king, to advise about the making and executing the law, to
prosecute capital crimes, &c.
  3. College or faculty of advocates. A college consisting of 180
persons, appointed  to plead  in. all actions before the lords of
   4. Church  or ecclesiastical  advocates. Pleaders appointed by
the church to maintain its rights.
   5. -  2. A  patron who  has the  advowson or presentation to a
church. Tech.  Dict.;   Ayl. Per.  53;   Dane Ab. c.,31, §20. See
Counsellor at law;  Honorarium.

   ADVOCATIA, civil law. This sometimes signifies the quality, or
functions, and  at other  times the privilege, or the territorial
jurisdiction of  an  advocate,  See  Du  Cange,  voce  Advocatia,

   ADVOCATION, Scotch  law. A  writing drawn  up in the form of a
petition,   called a  bill of  advocation, by which a party in an
action applies to the supreme court to advocate its cause, and to
call the  action out  of an  inferior court to itself. Letters of
advocation, are  the decree  or warrant  of the  supreme court or
court of  sessions, discharging  the inferior  tribunal from  all
further proceedings  in the  matter, and advocating the action to
itself. This  proceeding is  similar  to  a  certiorari  (q.  v.)
issuing out  of a  superior court for the removal of a cause from
an inferior.

         Bouvier's Law Dictionary : A1 : Page 113 of 118

   ADVOCATUS. A pleader, a narrator. Bract. 412 a, 372 b.

   ADVOWSON, ecclesiastical  law. From advow or advocare, a right
of presentation  to a  church or  benefice. He who possesses this
right is  called the patron or advocate, (q. v.) when there is no
patron, or  he neglects  to exercise his right within six months,
it is  called a  lapse, i. e. a title is given to the ordinary to
collate to  a church;  when a presentation is made by one who has
no right it is called a usurpation.
   2. Advowsons  are of  different kinds,  as Advowson appendant,
when it  depends upon  a manor,  &c. - Advowson in gross, when it
belongs to  a person and not to a manor. - Advowson presentative,
where the  patron presents  to the  bishop. -  Advowson donative,
where the  king or  patron puts the clerk into possession without
presentation. - Advowson of the moiety of the church, where there
are two  several patrons and two incumbents in the same churcb. -
A moiety  of advowson,  where two  must join the presentation, of
one incumbent.  - Advowson  of religious  houses, that  whicb  is
vested in  the person  who founded such a house. Techn. Dict.;  2
Bl. Com.  21;  Mirehouse on Advowsons;  Com. Dig. Advowson, Quare
Impedit;   Bac. Ab.  Simony;   Burn's Eccl. Law, h. t.;  Cruise's
Dig. Index, h. t.

   AFFECTION, contracts. The making over, pawning, or mortgaging a
thing to  assurp the  payment of a sum of money, or the discharge
of some other duty or service. Techn. Diet.

   AFFEERERS, English law. Those who upon oath settle and moderate
fines in courts leet. Hawk. 1. 2, c. 112.

   TO  AFFERE,  English  law.  Signifies  either  "to  affere  an
amercement," i.  e. to  mitigate the  rigor of  a fine;   or  "to
affere an  account," that  is, to  confirm  it  on  oath  in  the

   AFFIANCE, contracts.  From affidare  or dare  fidem, to give a
pledge. A  plighting of  troth between  a man and woman. Litt. s.
39. Pothier,  Traite du  Mariage, n.  24, defines  it to  be a an
agreement by which a man and a woman promise each other that they
will marry  together. This  word  is  used  by  some  authors  as
synonymous with marriage. Co. Litt. 34, a, note 2. See Dig. 23, 1
Code 5, 1, 4;  Extrav. 4, 1.

   AFFIDARE. To plight one's faith, or give fealty, i. e. fidelity
by making oath, &c. Cunn. Dict. h. t.

   AFFIDATIO DOMINORUM,  Eng. law.  An oath  taken by  a lord  in

   AFFIDAVIT, practice. An oath or affirmation reduced to writing,
sworn or  affirmed to  before some  officer who  has authority to
administer it.  It differs from a deposition in this, that in the
latter the opposite party has had an opportunity to cross-examine
the witness,  whereas an  affidavit is  always  taken  ex  parte.
Gresl. Eq. Ev. 413. Vide Harr. Dig. h. t.
   2. Affidavit to hold to bail, is in many cases required before
the defendant  can be arrested;  such affidavit must be made by a
person who  is acquainted  with the fact, and must state, 1st, an
indebtedness from  the defendant  to the plaintiff;  2dly, show a
distinct cause  of action;   3dly,  the whole must be clearly and

         Bouvier's Law Dictionary : A1 : Page 114 of 118

certainly, expressed.  Sell. Pr.  104;  1 Chit. R. 165;  S. C. 18
Com. Law, R. 59 note;  Id. 99.
   3. An affidavit of defence, is made by a defendant or a person
knowing the  facts, in  which must be stated a positive ground of
defence on  the merits.  1 Ashm. R. 4, 19, n. It has been decided
that  when   a  writ  of  summons  has  been  served  upon  three
defendants, and  only one  appears, a  judgment for  want  of  an
affidavit of defence may be rendered against au. 8 Watts, R. 367.
Vide Bac. Ab. h. t.

   AFFINITAS AFFINITATIS. That connexion between two persons which
has neither  consanguinity  nor  affinity;    as,  the  connexion
between  the  hushand's  brother  and  the  wife's  sister.  This
connexion is  formed not  between  the  parties  themselves,  nor
between one  of spouses and the kinsmen of the other, but between
the kinsmen of both. Ersk. Inst. B, 1, tit. 6, s. 8.

   AFFINITY. A  connexion formed  by marriage,  which places  the
hushand  in  the  same  degree  of  nominal  propinquity  to  the
relations of  the wife,  as that  in  which  she  herself  stands
towards them, and gives to the wife the same reciprocal connexion
with  the   relations   of   the   hushand.   It   is   used   in
contradistinction  to  consanguinity.  (q.  v.)  It  is  no  real
  2. Affinity or alliance is very different from kindred. Kindred
are relations.  by blood;   affinity  is  the  tie  which  exists
between one  of the spouses with the kindred of the other;  thus,
the relations, of my wife, her brothers, her sisters, her uncles,
are allied  to me by affinity, and my brothers, sistors, &c., are
allied in  the same way to my wife. But my brother and the sister
of my  wife are  not allied  by the  ties of  affinity: This will
appear by the following paradigms

          My wife's father         ---|
          |                      |
          |                      |
     -----------------|               |
     |          |                |-- are all allied to me.
Ego ----- My Wife    0 My wife's sister ---|
                |                |
                0 My wife's niece       ---|
                  My wife's father,     ---|
          My Father |                   |My brother
          |         |                   |and my wife's
          |         |                   |sister are
     |---------------|       |----------|              |not
     |         |       |    |           |to each other
My brother          Ego ---- My wife,  My wife's sister,    |

  3. A person cannot, by legal succession, receive an inheritance
from a  relation by  affinity;   neither does  it extend  to  the
nearest relations  of hushand  and wife, so as to create a mutual
relation between  them. The  degrees of  affinity are computed in
the same  way as  those of  consanguinity. See Pothier, Traite du
Mariage, part  3, ch.  3, art.  2, and see 5 M. R. 296;  Inst. 1,
10, 6;   Dig.  38, 10,  4, 3;   1  Phillim. R. 210;  S. C. 1 Eng.
Eccl. R. 72;  article Marriage.

   TO AFFIRM,  practice. 1.  To ratify or confirm a former law or
judgment, as  when the  supreme court affirms the judgment of the
court of  common pleas.  2. To make an affirmation, or to testify
under an affirmation.

         Bouvier's Law Dictionary : A1 : Page 115 of 118

   AFFIRMANCE. The  confirmation of  a voidable  act;    as,  for
example, when  an infant  enters into  a contract,  which is  not
binding upon  him, if, after attaining his full age, he gives his
affirmance to  it, he will thereafter be bound, as if it had been
made when of full age. 10 N. H. Rep. 194.
   2. To  be binding upon the infant, the affirmance must be made
after arriving  of age,  with a  full knowledge  that it would be
void without such confirmation. 11 S. & R. 305.
   3. An  affirmance may  be express,  that is,  where the  party
declares his  determination of  fulfilling the  contract;   but a
more acknowledgment is not sufficient. Dudl. R, 203. Or it may be
implied, as, for example, where an infant mortgaged his land and,
at full  age, conveyed it, subject to the mortgage. 15 Mass. 220.
See 10 N. H. Rep. 561.

   AFFIRMANCE-DAY, GENERAL. In the English Court of Exchequer, is
a day  appointed by the judges of the common pleas, and barons of
the exchequer, to be held a few days after the beginning of every
term for the general affirmance or reversal of judgments. 2 Tidd.

   AFFIRMANT, practice.  One who  makes  affirmation  instead  of
making oath  that the evidence which he is about to give shall be
the truth, as if he had been sworn. He is liable to all the pains
and penalty  of perjury,  if he  shall be  guilty of wilfully and
maliciously violating his affirmation.

   AFFIRMATION, practice.  A solemn declaration and asseveration,
which a  witness makes before an officer, competent to administer
an oath  in a  like case,  to tell  the truth,  as if be had been
   2. In  the United States, generally, all witnesses who declare
themselves conscientiously  scrupulous against  taking a corporal
oath, are permitted to make a solemn affirmation, and this in all
cases, as well criminal as civil.
   3. In  England, laws have been enacted which partially relieve
persons who,  have conscientious scruples against taking an oath,
and authorize them to make affirmation. In France, the laws which
allow freedom  of religious  opinion, have  received the  liberal
construction that  all  persons  are  to  be  sworn  or  affirmed
according to  the dictates  of their consciences;  and a quaker's
affirmation has  been received  and held of the same effect as an
oath. Merl. Quest. de Droit, mot Serment, §1.
   4. The  form is  to this  effect:  "You,  A  B,  do  solemnly,
sincerely, and  truly declare  and affirm," &c. For the violation
of the  truth in  such  case,  the  witness  is  subject  to  the
punishment of perjury " as if he had been sworn.
   5. Affirmation  also means  confirming;   as,  an  affirmative

   AFFIRMATiVE. Averring a fact to be true;  that which is opposed
to negative. (q. v.)
  2. It is a general rule of evidence that the affirmative of the
issue must be proved. Bull. N. P. 298 ;  Peake, Ev. 2.
   3. But  when the  law requires  a person to do an act, and the
neglect of  it,  will  render  him  guilty  and  punishable,  the
negative must  be proved, because every man is presumed to do his
duty and  in that case they who affirm he did not, must prove it.
B. N.  P. 298;  1 Roll. R. 83;  Comb. 57;  3 B.& P. 307;  1 Mass.
R. 56.

         Bouvier's Law Dictionary : A1 : Page 116 of 118

   AFFIRMATIVE PREGNANT,  Pleading.  An  affirmative  allegation,
implying some  negative, in  favor  of  the  adverse  party,  for
example, if to an action of assumpsit, which is barred by the act
of limitations of six years, the defendant pleads that be did not
undertake &c.  within ten  years;   a  replication  that  he  did
undertake,  &c.   within  ten  years,  would  be  an  affirmative
pregnant;   since it would impliedly admit that the defendant had
not promised  within six  years. As  no  proper  issue  could  be
tendered upon  such plea  the plaintiff  should, for that reason,
demur to  it. Gould,  PI. c.  6 29,  37;  Steph. PI. 381;  Lawes,
Civ. PI. 113;  Bac. Ab. Pleas, N 6.

   AFFORCE, AFFORCEMENT OF THE ASSIZE, Old English law, practice.
An ancient  practice in  trials by  jury, which  is explained  by
Bracton, (fo.  185, b. 292 a) and by the author of Fleta, lib. 4,
cap. 9,  §2. It  consisted in adding other jurors to the panel of
jurors, after  the cause had been committed to them, in case they
could not  agree in a verdict. The author of Fleta (ubi sup) thus
describes it.  The oath having been administered to the jury, the
(prenotarius) prothonotary,  addressed them  thus: "You  will say
upon the  oath you  have taken,  whether such  a one unjustly and
without judgment  disseized such  a one of his freehold in such a
ville within  three years  or not."  The justices also repeat for
the instruction  of, the  jurors the plaint of the plaintiff, &c.
The jurors  then retire  and confer  together, &c.  If the jurors
differ among  themselves and  cannot agree  in  one  (sententiam)
finding, it  will be  in the  discretion of  the judges,  &c;  to
afforce the assize by others, provided there remain of the jurors
summoned many  as the  major party  of the dissenting jurors;  or
they may  compel the  same jurors to unanimity, viz. by directing
the sheriff to keep them safely without, meat or drink until they
agree. The  object of  adding to  the panel a number equal to the
major party  of the dissenting jurors, was to ensure a verdict by
twelve of  them, if  the jurors  thus added  to the  panel should
concur with  the minor  party  of  the  dissenting  jurors.  This
practice of  afforcing the  assize, was in reality a second trial
of the  cause, and  was abandoned,  because the  courts found  it
would save  delay and  trouble by  insisting upon  unanimity. The
practice of confining jurors without meat and drink in
 order  to enforce  unanimity, has in more modern times also been
abandoned and  the more  rational practice adopted of discharging
the jury  and summoning  a new one for the trial of the cause, in
cases where  they cannot  agree.  This  expedient  for  enforcing
unanimity was  probably introduced from the canon law, as we find
it was  resorted to  on the  continent, in  other cases where the
unanimity of  a consultative  or  deliberative  body  was  deemed
indispensable. See  Barring. on Stats. 19, 20;  1, Fournel, Hist.
des Avocats, 28, note.

   TO AFFRANCHISE. To make free.

   AFFRAY, criminal  law. The fighting of two or more persons, in
some public place, to the terror of the people.
   2. To  constitute this offence there must be, 1st, a fighting;
2d, the  fighting must  be between  two or  more persons;  3d, it
must be  in some public place ;  4th, it must be to the terror of
the people.
   3. It  differs from a riot, it not being premeditated;  for if
any persons  meet together  upon any lawful or innocent occasion,
and happen on a sudden to engage in fighting, they are not guilty
of a  riot but  an affray only;  and in that case none are guilty
except those actually engaged in it. Hawk. b. 1, c. 65, s. 3 ;  4
Bl. Com. 146;  1 Russell, 271.

         Bouvier's Law Dictionary : A1 : Page 117 of 118

   AFFREIGHTMEET, Com. law. The contract by which a vessel or the
use of it, is let out to hire. See Freight;  General ship.

   AFORESAID. Before  mentioned;  already spoken of. This is used
for the  purpose of  identifying a  person or  thing;   as  where
Peter, of  the city of Philadelphia, has been mentioned;  when it
is necessary  to speak  of him, it is only requisite to say Peter
aforesaid, and if the city of Philadelphia, it may be done as the
city of Philadelphia, aforesaid.

   AFORETHOUGHT, crim. law. Premeditated, prepense; the length of
time during  which the  accused has  entertained the  thought  of
committing the  offence is  not very material, provided he has in
fact entertained  such thought;   he is thereby rendered criminal
in a greater degree than if he had committed the offence without.
premeditation. Vide Malice;  aforethought;  Premeditation 2 Chit.
Cr. 785;   4  Bl. Com. 199;  Fost. 132, 291, 292;  Cro. Car. 131;
Palm. 545;   W.  Jones, 198;   4 Dall. R. 146;  1 P. A. Bro. App.
xviii.;  Addis. R. 148;  1 Ashm. R. 289.

  AFTERMATH. A right to have the last crop of grass or pasturage.
1 Chit. Pr. 181.

   AGAINST THE  FORM OF  THE STATUTE.  When a statute prohibits a
thing to  be done, and an action is brought for the breach of the
statute, the  declaration or indictment must conclude against the
form of the statute. See Contra formam statuti.

         Bouvier's Law Dictionary : A1 : Page 118 of 118

                             #  #  #

Return to Table of Contents for

Bouvier's Law Dictionary