to the Lord Treasurer and the Barons of the Exchequer. Reg. Orig. 206.

Allocato comitatu, in proceedings in outlawry, when there were but two County Courts holden between the delivery of the writ of exigi facias to the sheriff and its return, a special exigi facias, with an allocato comitatu issued to the sheriff in order to complete the proceedings. See Bac. Abr. OUTLAWRY.

Allocatur (it is allowed), the certificate of the allowance of costs by the master on taxation. Jacob.

Allocatur exigent, a writ which is issued when an outlaw has not been exacted five times under the exigi facias, in order to complete the number of exactions.

Allodarii, tenants having as great an estate as subjects can enjoy.

Allodial. See ALODIAL.

Allograph, a document not written by any of the parties thereto; opposed to autograph. Allonge. If there be not room on the back of a bill of exchange to write all the indorsements, the supernumerary indorsements may be written on a slip of paper annexed to the bill and called an allonge, and are then deemed to be written on the bill itself.' Bills of Exchange Act, 1882, s. 32, sub. 1. It requires no additional stamp.

Allotment, partition, the distribution of land under an enclosure act, or shares in a public undertaking. See JOINT STOCK COM

PANY.

Allotments. Many acts have been passed authorizing parish officers to let out to poor persons small quantities of parish land or land originally allotted under Inclosure Acts for the benefit of the poor. See especially Poor Allotments Management Act, 1873, 36 & 37 Vict. c. 19.

The Allotments Extension Act, 1882, 45 & 46 Vict. c. 80, imposes on trustees of lands vested in them for the benefit of the poor, and whereof the rents are distributed in gifts' of money, fuel, clothing, bread, etc., to take proceedings for letting such lands, in allotments, to cottagers, labourers, and others,' with a preference to cottagers, etc., living in the parishes where the lands are situate.

Allottee, a person to whom land under an enclosure act or shares in a public undertaking are allotted. See JOINT STOCK COMPANY.

Allowance [fr. locare, Lat., allocare, allogare, It., alogar, Prov., louer, allouer, Fr., to place or a-sign], a deduction, an average payment, a portion.

Also in selling goods, or in paying duties upon them, certain deductions are made from their weights, depending on the nature of the

packages in which they are enclosed, and which are regulated in most instances by the custom of merchants, and the rules laid down by public offices. These allowances, as they are termed, are distinguished by the epithets, draft, tare, tret, and cloff.

Draft is a deduction from the original or gross weight of goods, and is subtracted before the tare is taken off.

Tare is an allowance for the weight of the bag, box, cask, or other package, in which goods are weighed.

Real, or open tare, is the actual weight of the package.

Customary tare is, as its name implies, an established allowance for the weight of the package.

Computed tare is an estimated allowance agreed upon at the time.

Average tare is when a few packages only among several are weighed, their mean or average taken, and the rest tared accordingly. Super-tare is an additional allowance or tare where the commodity or package exceeds a certain weight.

The remainder, after the allowance of tare, is called the suttle weight; but if tret be allowed, the remainder is called the net weight.

Tret is a deduction of 4 lb. from every 104 lb. of suttle weight. This allowance, which is said to be for dust or sand, or for the waste or wear of the commodity, was formerly made on most foreign articles sold by the pound avoirdupois; but it is now nearly discontinued by merchants, or else allowed in the price. It is wholly abolished at the East India warehouses in London, and neither tret nor draft is allowed at the Custom-house.

Cloff, or Clough, is another allowance that is nearly obsolete. It is stated in arithmetical books to be a deduction of 2 lb. from every 3 cwt. of the second suttle, that is, the remainder after tret is subtracted; but merchants, at present, know cloff only as a small deduction, like draf:, from the original weight, and this only in the case of two or three articles. See Kelly's Cambist, art. ‘London,’ and McCull. Comm. Dict.

Alloy. See ALLAY.

Alltud [all-tud, other land], a person either from foreign parts or from another part of the island, in villenage under the king or freeholder.-Anc. Inst. Wales.

Alluminor, one who anciently illuminated, coloured, or painted upon paper or parchment, particularly the initial letters of charters and deeds. The word is used in the 1 Rich. III.

c. 9.

Alluvion, or Alluvio [fr. alluo, Lat.], land imperceptibly gained from the sea or the river

by the washing up of sand and soil, so as to form terra firma.-2 Bl. Com. 261; Res. Cotidiano Dig. 40, tit. 1, s. 7. See ACCRETION.

Ally. See ALLIANCE. Almanack [fr. the Arabic particle al, and nanach, to count or reckon], a publication, in which is recounted the days of the week, month, and year, both common and particular, distinguishing the fasts, feasts, terms, etc., from the common days by proper marks, pointing out also the several changes of the moon, tides, eclipses, etc. It is part of the law of England, of which the Courts must take notice in the returns of writs, etc., but the almanack to go by is that annexed to the Book of Common Prayer. It is not evidence of the time of sunrise on a particular day.— Tutton v. Darke, 5 H. & N. 647.

Almaria, the archives or muniments of a church or library.-Blount.

Almner, or Almoner, an officer of the royal household, whose business it is to distribute the royal alms. The lord almoner, who is usually now a bishop, had the disposition of the sovereign's dish of meat, after it came from the table, which he might give to whom he pleased. The Marquis of Exeter is hereditary Grand Almoner.-Fleta, lib. ii. c. 22; Co. Litt. 94 a.

Almoin, a tenure of lands by divine service. See FRANKALMOIGNE.

Almonarium, a kind of safe or cupboard in which broken victuals were laid up to be distributed among the poor.-Old Records.

Almodraii, the lords of free manors, lords paramount.-Old Records.

Almonarius [corruption of eleemosynarius], a distributor of alms.

Almsfeoh, or Almesfeoh [Sax. ], alms-money. It has been taken for Peter-pence, first given to the Pope by Ina, King of the West Saxons, and anciently paid in England on the first of August. It was likewise called romefeoh, romescot, and heorthpening.-Seldom's Hist. Tithes, 217.

Almutium, a cap made of goats' or lambs' skin, the part covering the head being square, and the other part hanging behind to cover the neck and shoulders; worn by priests.Monast., tom. iii., 36.

Alnage, or Aulnage [fr. aune, Fr., an ell], a measure, particularly the measuring with an ell.-Cowel.

Alnager, or Aulnager, formerly a public sworn officer of the king, who examined into the assize of cloth, and fixed seals to it, and also collected a subsiduary or aulnage duty on all cloths sold (25 Edw. III. st. 4, c. 1). There were afterwards three officers belonging to the regulation of clothing, viz., searcher, measurer, and aulnager.-4 Inst. 31. Alnage

duties were abolished in England by 11 & 12 Wm. III. c. 20, and in Ireland by 57 Geo. III. c. 109.

Alnet, De, D'Auney..

Alnetum, a place where alders grow, or a grove of alder trees.-Domesday Book; Co. Litt. 4 b.

Alodial, or Allodial, or Allodium [perhaps fr. odal, Icel.; odel, Dan. Sw., a patrimonial estate. See Wedgw.], a holding of lands in absolute possession without acknowledging any superior lord, contradistinguished from Feudal lands, which are held of superiors.Cowel. There are not any alodial lands in England, according to Coke.- -Co. Litt. 93 a; 1 Hall. Mid. Ages, ch. 2, pt. i., p. 147. Alodium. See ALODIAL. Alody, inheritable land.

Aloverium, a purse.-Fleta, l. ii. c. 82, p. 2. Alsatia, formerly a cant name for Whitefriars, a district in London, between the Thames and Fleet Street, and adjoining the Temple, which, possessing certain privileges of sanctuary, became for that reason a nest of those mischievous characters who were generally obnoxious to the law. These privileges were derived from its having been an establishment of the Carmelites, or White Friars, founded in 1241. In the time of the Reformation the place retained its immunities as a sanctuary, and James I. confirmed and added to them by a charter in 1608, but all privileges of sanctuary were shortly afterwards abolished by 21 Jac. I. c. 28.

Alta, De, ripa, Dantry.

Alta proditio, high treason; now simply called treason.

;

Altarage, offering made upon the altar the profit arising to the priest by reason of the altar.-Termes de la Ley, 39.

Alteration. An alteration vitiates a deed or other instrument, if made in a material part after execution. In the case of deeds, an unexplained alteration is presumed to have been made at the time of execution; but it is otherwise in the case of wills. See 7 Wm. IV. & 1 Vict. c. 26, s. 21.

Alterius circumventio alii non præbet actionem.-The deceiving of one person does not afford an action to another.--D. 50, 17, 49.

Alternat, a usage amongst diplomatists, by which the rank and places of different powers, who have the same rights and pretensions to precedence, are changed from time to time, either in a certain regular order, or one determined by lot. In preparing treaties and conventions, it is the usage of certain powers to alternate both in the preamble and the signatures, so that each power occupies, in the copy intended to be delivered to it, the first place. Wheat. Internat. Law, pt. ii., c. 3, s. 4.

Alternativa petitio non est audienda. 5 Co. 40. (An alternative petition is not to be heard.)

Alternative, the one or the other of two things-remedy; where a new remedy is created in addition to an existing one, they are called alternative if only one can be enforced; but, if both, cumulative.

Altius non tollendi, a servitude due by the owner of a house, by which he is restrained from building beyond a certain height.-Dig. 8, 2, 4; Sand. Just., 5th ed., 119.

Altius tollendi, a servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, however, every one enjoys this privilege, unless he is restrained by some contrary title.-Civil Law; Sand. Just., 5th ed., 119.

Alto et basso (high and low), an absolute submission of all differences.-Blount.

Altum mare (the high sea).

Alumnus, a child which one has nursed; a foster-child.--Dig. 40, 2, 14; Civil Law. One educated at a college or seminary is called an alumnus thereof.

Amabyr, or Amvabyr, a custom in the honour of Clun, belonging to the Earls of Arundel. Pretium virginitatis domino solvendum. Abolished.-Cowel.

Amalphitan Code, a collection of sea-laws, compiled about the end of the eleventh century, by the people of Amalphi. It consists of the laws of maritime subjects which were or had been in force in countries bordering on the Mediterranean, and was for a long time received as authority in those countries.

Amanuensis [a manu, Lat.], one who writes on behalf of another that which he dictates.

Ambactus, a servant or client.-Cowel.

Ambassador [legatus, Lat.], a representative minister sent by one sovereign power to another, with authority conferred on him by letters of credence, to treat on affairs of state. -4 Inst. 153. Ambassadors are either ordinary, who reside in the place whither they are sent; or, extraordinary, who are employed upon special matters. The person of an ambassador is protected from civil arrest and his goods from seizure under distress or execution by 7 Anne c. 12. Consult Bac. Abr. 'Ambassador,' or Com. Dig. This is the highest rank and designation of diplomatic officials. Sovereigns are represented also by ministers at foreign courts, under the name of envoy, minister, chargé d'affaires, or consuls, and the functions of all these are the same as an ambassador, the only difference being in dignity.

Ambassy, an embassy.

Amber, or Ambra, a measure of four bushels. Introd. Domesd., Vol. I., 133.

Ambidexter, one who plays on both sides. A juror or embraceror, who takes bribes from both parties to influence his verdict.—Termes de la Ley, 38.

Ambigua responsio contra proferentem est accipienda. 10 Co. 59.-(An ambiguous answer is to be taken against him who offers it.)

Ambiguis casibus semper præsumitur pro rege. (In doubtful cases the presumption is always in favour of the king.)—Lofft. 248.

Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur. Bacon.—(A hidden ambiguity of the words may be supplied by evidence; for whatever ambiguity arises from an extrinsic fact may be removed by extrinsic evidence.) See AMBIGUITY.

Ambiguitas verborum patens nullâ verificatione excluditur. Lofft. 249.-(A patent ambiguity cannot be cleared up by extrinsic evidence.) See AMBIGUITY.

Ambiguity, doubtfulness, double-meaning, obscurity. There are two species of ambiguity (see the above Maxims), viz., that which is apparent on the face of an instrument, and which cannot be rendered certain by the evidence of collateral facts and surrounding circumstances admissible under the rules of construction; this is called ambiguitas patens; and that which, although apparently certain, and without ambiguity, for anything that appears upon the face of the deed or instrument, is rendered ambiguous by extrinsic and collateral matter out of the deed; this is called ambiguitas latens. The former ambiguity cannot be explained by parol evidence, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; but the latter can be explained by the actions of the parties previously to and contemporaneously with the contract. Ambiguity of language is, however, to be distinguished from unintelligibility and inaccuracy, for words cannot be said to be ambiguous, unless their signification seem doubtful and uncertain to persons of competent skill and knowledge to understand them. Story on Contracts, 272; Taylor or Best on Evidence.

Ambiguum placitum interpretari debet contra proferentem. Co. Litt. 303 b.-(An ambiguous plea ought to be interpreted against the party delivering it).

Ambit [metaph.], the limits or circumference of a power or jurisdiction, the line circumscribing any subject matter.

Amboglanna, Ambleside in Westmoreland, and Burdoswold in Cumberland.

Ambra, a Saxon vessel or measure for salt, butter, meal, or beer. See AMBER.

Ambrosii Burgus, Amesbury in Wilts. Ambulatoria est voluntas, defuncti usque ad vite supremum exitum. Dig. 34, 4, 4.—(The will of a deceased person is ambulatory until the latest moment of life.)

Amubry, Aumbry, Aumber [fr. armoire, Fr.; armario, almario, Sp.; almer, Germ.; armaria, almaria, m. Lat.; a cupboard], a place where the arms, plate, vessels, and everything belonging to housekeeping were kept.-Cowel.

Amenable [fr. amener, Fr., to lead unto], tractable, that may be easily led or governed; formerly applied (see Cowel) to a wife who is governable by her husband.

2. Responsible or subject to answer, etc., in a court of justice.-Cowel.

Amende honorable [Fr.], an adequate reparation, an apology. In French law a species of punishment to which offenders against public decency or morality were anciently condemned.

Amendment, a correction of any errors in the pleadings in actions, suits, or prosecutions. The power of amendment has been much extended by recent statutes, but it is never exercised to the prejudice of a party to the proceeding.

1. Amendment of proceedings in the Supreme Court. Amendments are now allowed at any stage of the proceedings in an action. (Judicature Act, 1875, Ord. XXVII.) The Court or a judge may, at any stage of the proceedings, allow either party to alter his statement of claim or defence or reply, or may order to be struck out or amended any matter in such statements respectively which may be scandalous, or which may tend to prejudice, embarrass, or delay the fair trial of the action, and all such amendments shall be made as may be necessary for the purpose of determining the real questions or question in controversy between the parties (r. 1).

A notice of appeal may also be amended by the Court of Appeal (Jud. Act, 1875, Sched. I., Ord. LVIII., r. 3), who have all the powers of amendment of the High Court of Justice (r. 5), and may amend any order made by the Court below (Jud. Act, 1873, s. 19). As to the former practice with regard to amendment, Dan. Ch. Pr., 4th ed., 366-388, as to proceedings in equity; and C. L. P. Act, 1852, s. 20, 349, and 222, and C. L. P. Act, 1854, s. 96, and C. L. P. Act, 1860, s. 36; and see also JEOFAILS.

3. Of Proceedings in County Courts. Ample powers of amendment, as well in equitable as in all other proceedings, are now possessed by these Courts. See 19 & 20 Vict. c. 108, s. 57,

and County Court Rules, 119-128, and (as to the equitable jurisdiction) County Courts Order, No. 13, Rule 1.

4. Of Criminal Proceedings. By 11 & 12 Vict. c. 46, s. 4, 12 & 13 Vict. c. 45, s. 10, and 14 & 15 Vict. c. 100, ss. 1 & 2; indictments and informations may be amended at the trial where a variance appears between the same and the evidence. Provision is made by 12 & 13 Vict. c. 45, ss. 3, 7, and 9, for amendment in appeals at Quarter Sessions. Amends, satisfaction.

Amends, Tender of, is by particular statutes made a defence in an action for a wrong. See 11 Geo. II. c. 19, ss. 20, 21, as to distresses; 11 & 12 Vict. c. 44, s. 11, as to Justices of the Peace; 10 Geo. IV. c. 44, s. 41, as to Metropolitan Police Constables; 9 & 10 Vict. c. 95, s. 138, as to officials of County Courts; 5 & 6 Wm. IV. c. 50, s. 109, as to persons acting in pursuance of the Highway Act; and 24 & 25 Vict. c. 96, s. 113; 24 & 25 Vict. c. 97, s. 71; and 24 & 25 Vict. c. 99, s. 33, as to persons acting in pursuance of the statutes relating to larceny, malicious injuries to property, and offences relating to the coin.

A mensa et thoro (from table and bed). A term used to describe a partial divorce, in cases in which the marriage was just and lawful, but for some supervenient cause, such as the commission of adultery or cruelty by the husband or wife, it became improper or impossible for them to live together. This divorce was effected by sentence of the Ecclesiastical Court. It caused the separation of the husband and wife, but did not dissolve the marriage, so that neither of them could marry during the life of the other.

A decree of Judicial Separation by the Court for Divorce and Matrimonial Causes has been substituted for this kind of divorce by 20 & 21 Vict. c. 85, s. 7.

Amentia, insanity, idiotcy.

Amercement, or Amerciament, a pecuniary punishment or penalty assessed by the peers or equals of the party amerced for an offence, by the commission of which he had placed himself at the mercy of the lord. The difference between amercements and fines is as follows:The latter are certain, and are created by some statute; they can only be imposed and assessed by Courts of record; the former are arbitrarily imposed by Courts not of record, as courts-leet.-Termes de la Ley, 40.

Amhiniogau tir (land borderers), witnesses in a Court in suits respecting landed property, whose lands bordered on that in dispute.Anc. Inst. Wales.

Ami. See AMY.

Amicia, a cap, made of goat's or lamb's skin. See ALMUTIUM.

Amictus, or Amesse, the uppermost of the six garments worn by priests. It is tied round the neck, and covers the breast and heart. The other five garments are alba, cingulum, stola, manipulus, and planeta.-Cowel.

Amicus curiæ (Lat., friend of the Court), a stander by, who informs the Court when doubtful or mistaken of any fact or decided case.-2 Co. Litt. 178.

Amita, a paternal aunt; the sister of one's father.

Amita magna, a great aunt.

Amittere legem terræ, or liberam legem, to lose the liberty of being sworn in any Court. But by 6 & 7 Vict. c. 85, persons who were previously excluded from giving evidence by incapacity arising from crime or interest, are made competent witnesses, their credibility being left to the jury. A person outlawed is said to lose his law; i.e., to be put without its protection, so that he cannot sue, although he may be sued.-Glanvil, lib. ii. Ammobragium, a service, or poll-money, like chevage.-Spel.

Ammodwr [am-bod-wr], a compactor, one before whom a compact is made, and who is therefore admissible as a witness to prove the terms of it.-Anc. Inst. Wales.

Amnery, an almshouse.

6

Amnesty [fr. duvnoría, Gk., non-remembrance], an act of pardon or oblivion,' by which crimes against the government up to a certain date are so obliterated that they can never be brought into charge. All acts of amnesty originate with the Crown.

Amnitum insulæ, isles upon the west coast of Britain.-Blount.

Amobh [fr. am-gobr, fee], the fee paid to a lord on the marriage of a female.-Anc. Inst. Wales.

Amrygoll [am-rhy-coll, total loss], loss of property.-Anc. Inst. Wales.

Amy, or Ami [fr. amicus, Lat.], usually called prochein amy, the next friend (as distinguished from the guardian), suing on behalf of an infant or orphan. Infants sue by prochein amy or guardian, and defend by guardian.-Cowel.

An, jour, et waste, year, day, and waste. A forfeiture of the lands to the Crown incurred by the felony of the tenant, after which time the land escheats to the lord.— Termes de la Ley, 40.

Anacoenosis [fr. ȧvakovúσis, Gk.], a rhetorical figure, whereby we seem to deliberate and argue the case with others upon any matter of moment.-Encyc. Lond.

Anacoluthon, or anacoluthus [fr. åkódovios, Gk.], a rhetorical figure, when a word that is to answer another is not expressed.—Ibid.

Anacrisis [fr. ȧváκpiois, Gk.], an investigation of truth, interrogation of witnesses, and inquiry made into any fact, especially by torture.-Ibid; Civ. Law.

Anagraph, a register or inventory. Analogism, an argument from the cause to the effect.

Analogy identity or similarity of propor tion where there is no precedent in point, in cases on the same subject, lawyers have recourse to cases in a different subject-matter but governed by the same general principle. This is reasoning by analogy. See COMMON Law, and remarks of Parke, J., in Mirehouse v. Rennell, 8 Bing, 515.

Analysts, persons skilled in detecting the component parts of things. By the Adulteration Act, 1875 (see ADULTERATION), provision is made for the appointment in every district by the local authorities of one or more persons

Amortize, to alienate lands in mortmain. Amotion, a putting away, a removing, deprivation or ouster of possession.-Scott. In boroughs, a removal from a corporate office.

Amove, to remove from a post or station. Amoveas manus, or Ouster le main, a livery of land to be amoved out of the king's hands on a judgment obtained upon a monstrans de droit, to restore the land, its effect being the same as a judgment that the party should have his land again. Abolished by 12 Car. II. c. 24.

Ampliation, an enlargement, a deferring of judgment till the cause be further examined. -Cowel.

Amputation of right hand, an ancient punishment for a blow given in a Superior Court; or for assaulting a judge sitting in the Court.

microscopical knowledge as analysts of all articles of food and drink.

Anarchy [fr. ȧvapxía, Gk., absence of government], that state of commotion that arises when a government has lost its power. Anathematize, to pronounce accursed by ecclesiastical authority, to excommunicate.Encyc. Lond.

Anatocism [fr. ává and Toкos, Gk.], taking compound interest for the loan of money.

Anatomy Act, 2 & 3 Wm. c. 75, by which the practice of dissecting human corpses is regulated, and a license required for it.

Ancestor, one that has gone before in a family; it differs from predecessor, in that it is applied to a natural person, and his progenitors, while the latter is applied also to a corporation, and those who have held offices before those who now fill them-Co. Litt. 78 b.