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.

Amnesty [fr. ȧuvnoría, 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.

Amortization, or Amortizement, an alienation of lands in mortmain.

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. -Correl.

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

Amrygoll [am-rhy-coll, total lcss], 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. ȧvakowóσis, Gk.], a rhetorical figure, whereby we seem to deliberate

and argue the case with others upon any matter of moment.-Encyc. Lond.

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

Anacrisis [fr. áváκpuis, 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 proportion 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 possessing competent medical, chemical, and microscopical knowledge as analysts of all articles of food and drink.

Anarchy [fr. avapxía, 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 TOKOS, 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. 78b. Ancestral, or ancestrel, that which has relation to ancestors.-Blount.

Anchor. See ANKER.

Anchorage, a duty taken from the owners of ships for the use of the havens where they cast anchor.

Anchors Proof Act, 27 & 28 Vict. c. 27; amended by 37 & 38 Vict. c. 51.

Ancient demesne, a tenure existing in certain manors, which, though now granted to private persons, were in the actual possession of the Crown, in the times of Edward the Confessor and William the Conqueror, and appear to have been so by the great survey in the Exchequer called DomesdayBook, and, therefore, whether lands are

ancient demesne or not, is to be tried only by this book, called in consequence Liber Judicatorius; but the question must be tried by a jury whether lands be parcel of a manor, which is ancient demesne, being a question of fact. It is a species of copyhold, which differs, however, from common copyholds in certain privileges, but yet must be conveyed by surrender, according to the custom of the manor. There are three sorts, (1) where the lands are held freely by the king's grant ; (2) customary freeholds, which are held of a manor in ancient demesne, but not at the lord's will, although they are conveyed by surrender, or deed and admittance; (3) lands held by copy of court-roll at the lord's will, denominated copyholds of base tenure.-Consult Scriven on Copyholds, and 2 Br. & Had. Com. 200.

Ancient lights, the enjoyment of light for twenty years and upwards.-Consult Goddard on Easements, and the Prescription Act, 2 & 3 Wm. 4, c. 71.

Ancient Serjeant, the eldest of the Queen's Serjeants. See Manning's Serviens ad legem, 19-20.

Ancient Writings, documents upwards of thirty years old. These are presumed to be genuine without express proof, when coming from the proper custody.-Consult Taylor on Evidence.

Ancients, gentlemen of the Inns of Court and Chancery. In Gray's Inn the society consists of benchers, ancients, barristers, and students under the bar; and here the ancients are of the oldest barristers. In the Middle Temple, those who had passed their readings. used to be termed ancients. The Inns of Chancery consisted of ancients and students or clerks; from the ancients a principal or treasurer was chosen yearly.

Ancienty, eldership or seniority. Ancillary [fr. ancilla, Lat.], that which depends on, or is subordinate to, some other decision. Encyc. Lond.

Ancwyn, a stated allowance of provision allotted to the officers of the court in their lodgings; the term appears to be put in opposition to cwynos (cana) supper, as being a privileged private allowance for that meal; the cwynos being the public evening meal. Ancwyn is translated cœna in some Latin copies of the ancient Welsh laws.—Anc. Inst. Wales.

Andaga, or Andæg, a day or term appointed for hearing a cause; hence Andagian, to appoint the day.-Anc. Inst. England.

Andena, a swath or line of grass or corn in mowing, or as much ground as a man can stride over at once.-Jacob.

Anderida, Newenden in Kent.

Andreapolis, St. Andrew's in Scotland. Androgynus, [fr. ȧvýp, avdpós, Gk., man, and yun, woman], a hermaphrodite.

Androlepsy, the taking by one nation of the citizens or subjects of another, in order to compel the latter to do justice to the former. Anfeldtyhde, or Anfealtihle, a simple accusation.-Saxon.

Angaria [fr. ayyapcia, Gk.], personal service, which tenants were obliged to pay to their lords. Impressing of ships.-Blount.

Angel, an ancient English coin of the value of ten shillings.-Jacob.

Angelica, vestis, a monkish garment which laymen put on a little before death, in order to have the benefit of the monks' prayers.Monast., tom. i. 632.

Anghyvarch [fr. an, cyvarch, unquestionable], a term used for the articles which were exclusively the property of a man or woman, and not subject to a division upon a separation ensuing. A fine for committing certain actions without permission.-Anc. Inst. Wales. Angidllarianum, monasterium, the city of Ely in Cambridgeshire.

Angild [fr. an, one, and gild, payment, mulct, or fine, Sax.], the single valuation or compensation of a criminal. Twigild was the double, and trigild the treble, mulct or fine.Laws of Ina, c. 20; Spelm.

Angliæ jura in omni casu libertatis dant favorem. Fortesc. c. 42.—(The laws of England in every case of liberty are favourable.) Anglo-Indian, an Englishman domiciled in the Indian territory of the Crown.

Anglo-Indian domicile. See last TITLE.

Angylde, the rate by law, at which certain injuries to person or property were to be paid for; in injuries to the person, equivalent to thewer,' i.e., the price at which every man was valued. It seems also to have been the fixed price at which cattle and other goods were received as currency, and to have been much higher than the market price, or ceap-gild.-Anc. Hist. England.

Anhlote, a single tribute or tax, paid according to the custom of the country as scot and lot. Leges Wm. I. c. 64.

Anichiled, annulled, cancelled, or made void.-Blount.

Aniens, or Anient, void, of no force, or effect.-F. N. B. 214.

Animalia fera, si facta sint mansueta et ex consuetudine eunt et redeunt, volant et revolant, ut cervi, cygni, etc., eo usque nostra sunt, et ita intelliguntur quamdiu habuerunt animum revertendi. 7 Co. 16.-(Wild Animals, if they be made tame, and are accustomed to go out and return, fly away and fly back, as stags, swans, etc., are considered to

belong to us so long as they have the intention of returning to us.)

Animals may be divided into

(1) Domestic animals, or animals not naturally mischievous, such as dogs or oxen.

(2) Animals mansuetæ naturæ, such as sheep and cows.

(3) Animals that are naturally dangerous and ferocious, such as lions, bears, etc.

(4) Animals feræ naturæ (which are unreclaimed), such as hares, pheasants, partridges, etc. See FERE NATURÆ.

Any man may seize upon and keep for his own use animals feræ naturæ. So long as they remain in his custody he has a right to enjoy them without disturbance; but if once they escape from his custody, though without his voluntary abandonment, they return to the common stock, and any man has an equal right to seize and enjoy them afterwards.

An action will lie against the owners of a dog, or other animal known by him to be mischievous, for injuries done by it.

By 24 & 25 Vict. c. 97, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or being ordinarily kept in a state of confinement, or for any domestic purpose, is punishable by imprisonment and fine.

By 12 & 13 Vict c. 92 (amended by 17 & 18 Vict. c. 60), any person cruelly illtreating or torturing any horse, mare, etc., etc., or any other domestic animal, forfeits 51. for every such offence, recoverable before a justice of the peace in a summary way; and if by such misconduct he injures the animal, or any person or property, a further sum of 107. to the owner or person injured. The act also, which repeals 5 & 6 Wm. IV. c. 59 (Martin's Act), the first act passed for the purpose, imposes penalties for conveying such animals in such manner or position as to subject them to unnecessary pain or suffering, and for bull-baiting and cock-fighting. See also VIVISECTION.

The 24 & 25 Vict. c. 97, ss. 40-1, also provides for the punishment of persons unlawfully and maliciously killing, maiming, or wounding cattle, dogs, birds, beasts, and other animals. See also CONTAGIOUS DISEASES (ANIMALS).

Animus, an intent.

Animus ad se omne jus ducit.—(Intention attracts all law to itself.)

Animus cancellandi, the intention of destroying or cancelling (applied to wills). Animus et factum, the intention and the deed.

Animus quo, the intent with which. Animus recipiendi, the intention of receiving.

Animus revertendi, the intention of returning.

Animus revocandi, the intention of revoking (viz., a will).

Animus testandi, the intention of making a will.

Anker, a measure containing ten gallons. -Lex Merc.

Ann, or annat, half a year's stipend, over and above what is owing for the incumbency, due to a minister's relict, child, or nearest of kin, after his decease.-Scotch Law.

Anna, a piece of money, the sixteenth part of a rupee.-Indian.

Annales, yearlings or young cattle from one to two years old.-Cowel.

Annat, or annates [fr. primitiæ, Lat.], first fruits (being one year's whole profits) of a spiritual living.-Termes de la Ley, 40. See BOUNTY OF QUEEN ANNE.

Annealing of tile [fr onalan, Sax.; accendo, Lat.; or rather fr. niello, It.; nigellum, m. Lat.; a kind of black enamel on gold and silver], burning or hardening tiles, which are made of burnt clay, and are used for covering houses.-17 Edw. IV. c. 4.

Annexation, the union of lands to the Crown, and declaring them inalienable. Also the appropriation of the church-lands by the Crown, and the union of land lying at a distance from the parish church to which they belong, to the church of another parish to which they are contiguous.-Scotch Law.

Anniented, abrogated, frustrated, 01 brought to nothing.-Litt. c. 3, s. 741.

Anni nubiles, marriagable years of woman, i.e., 12 years.-2 Co. Litt. 434.

Anniversary Days, solemn days appointed to be celebrated yearly in commemoration of the death of a saint or the happening of an

event.

The death of Charles I., 30th January, the Restoration of Charles II., 29th May, and the discovery of the Gunpowder Plot, November 5th, gave rise to anniversaries' and' special church services abolished by 22 Vict. c. 2. The anniversary of the 20th of June (accession of the Queen) is still observed.

Anno Domini (abbreviated A.D.), in the year of the Lord. The Christian computa-

tion of time is from the incarnation of our Saviour Jesus Christ. It is called the 'Vulgar Era.'

Annoisance, or annoyance [fr. annoiare, It.; ennuyer, Fr.], any hurt done to a place, public or private, by placing anything thereon that may breed infection, or by encroachment, or suchlike means. It is the same as noisance or nuisance.-22 Hen. VIII. c. 5.

Annonæ civiles, rents paid to monasteries. Annotation, the designation of a place of deportation; the citing of an absentee; the prince's answer on a doubtful point of law.Civil Law.

Annua pensione, an ancient writ to provide the king's chaplain, if he had no preferment, with a pension.-Reg. Orig. 165, 307. Annual pension, a yearly profit or rent.Scotch Law.

Annuale, the yearly rent or income of a prebendary.-Cowel.

Annualia, a yearly stipend assigned to a priest for celebrating an anniversary, or for saying continued masses for the soul of a deceased person.-Blount.

Annuities of tiends, i.e., tithes, are 108. out of the boll of tiend wheat, 88. out of the boll of beer, less out of the boll of rye, oats, and peas, allowed to the Crown yearly of the tiends not paid to the bishops, or set apart for other pious uses.-Scotch Law.

Annuity (annual payment, usually, but not necessarily, determining with the life of the grantee, or after a limited period), properly so called, is merely personal property, and not at all connected with realty, although it is frequently ranged under incorporeal hereditaments, issuing out of land, and even the legislature treats it sometimes as a rentcharge, from which it materially differs.3 & 4 Wm. IV. c. 27, s. 21. The words annuity' and 'rent charge' are frequently used as convertible terms.

A perpetual annuity, if it be charged upon real estate, is redeemable under the provisions of s. 45 of the Conveyancing Act, 1881.

An annuity for life or years is not redeemable in the same manner; but it may be agreed by the parties to the contract that it shall be redeemable on certain terms.

An annuity may be bequeathed. It may be either created by, or, if already existing, may be transmitted by will. A created annuity is a general legacy, and will abate with the other legacies upon a deficiency of assets. A personal annuity of inheritance will pass under a general bequest.-Aubin v. Daly, 4 B. & A. 59.

An annuity is frequently resorted to as a

means of borrowing money, where the borrower has not any available security; the borrower undertaking to pay an annuity during his own life, instead of interest and the return of the loan. The borrower is the grantor, and the lender is the grantee, of such annuity.

Again, a person desirous of increasing his income, and having, perhaps, no relations for whom he wishes to provide, may sink the capital he possesses, and purchase an annuity for his life. While the Government offers the best and safest security for the due payment of a purchased annuity, joint-stock companies and private speculators hold out. higher rates of interest, which, however, are not always preferable, seeing that certainty of payment is a grand desideratum.-See 10 Geo. IV. c. 24, 2 & 3 Wm. IV. c. 59, 1 & 2 Vict. c. 49, 16 & 17 Vict. c. 45, 27 & 28 Vict. c. 43, and 36 & 37 Vict. c. 44, s. 1, as to annuities granted by the Commissioners for the Reduction of the National Debt; and 3 & 4 Wm. IV. c. 14, 7 & 8 Vict. c. 83, ss. 8 & 9, 16 & 17 Vict. c. 45, 26 & 27 Vict. c. 87, and 45 & 46 Vict. c. 51, 'The Government Annuities Act, 1882,' as to the purchase of such annuities (not exceeding 1007. a year in amount) through Savings Banks.

While the 17 & 18 Vict. c. 90, wholly repealed from the 10th August, 1854, the 53 Geo. III. c. 141, except so much thereof as repealed the 17 Geo. III. c. 26, the 18 Vict. c. 15, after reciting that by reason of the repeal of this act, purchasers were no longer enabled to ascertain by search what life annuities or rent-charges may have been granted by their vendors or others, enacted by s. 12 that any annuity or rent-charge granted after 26th April, 1856, otherwise than by marriage settlement, for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives,' should not affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors,' unless and until a memorandum of all particulars should be left with the senior master of the Court of Common Pleas at Westminster, to be entered by him in a book in alphabetical order, which book should be open to public search.

The 14th section excepts annuities or rentcharges given by will from the act.

The arrears of an annuity charged on land are recoverable by distress and entry under s. 44 of the Conveyancing Act, 1881.

Annuity-tax, an impost levied annually in Scotland for the maintenance of the ministers of religion. It was abolished in Edinburgh and Montrose by 23 & 24 Vict. c. 50,

which introduced a new scheme. By the 33 & 34 Vict. c. 87, this act has been amended and provision made for the more effectual abolition of the tax, and for the payment of the ministers otherwise.

Annulus et baculum, a ring and pastoral staff or crosier, the delivery of which by the prince was the ancient mode of granting investitures to bishoprics.-1 Bl. Com. 377.

Annus deliberandi, the year allowed by Scottish law for the heir to deliberate whether he will enter upon his ancestor's land and represent him. By 21 & 22 Vict. c. 76, s. 27, the period of deliberation was reduced to six months.-Scotch Law.

Annus, dies, et vastum [Lat.] (Year, day, and waste). See AN, JOUR, ET WASTE.

Annus luctus, the year of mourning, during which the widow, by the ordinances of the civil law, could not marry, to prevent the inconvenience of a widow bearing a child, which, by the period of gestation, might be the child either of her deceased or her present husband.-Cod. 5, 9, 2.

Anomy [fr. avoμía, Gk.], lawlessness, breach of law.

A non posse ad non esse sequitur argumentum necessarie negativè licet non affirmative. Hob. 336.-(An argument follows necessarily in the negative from the not possible to the not being, though not in the affirmative.)

Anon., An., A., abbreviation for anony

Anrhaith-gribddail, pilfering, spoliation. A term for the graver spoliation to be exercised towards a homicide.-Ibid.

Anrhaith-oddev, spoliation, sufferance. A term used when a person's goods were confiscated and seized by the lord.—Ibid.

Ansel, Ansul or Auncel, an ancient mode of weighing by hanging scales or hooks at either end of a beam or staff, which, being lifted with one's finger or hand by the middle, showed the equality or difference between the weight at one end, and the thing weighed at the other.-Termes de la Ley, 66.

Answer [fr. andswarian, A. S.; andswer, Goth.; antwoord, Belg.], reply, counterspeech.

Answer in Chancery. When a defendant was advised to take the judgment of the Court upon the whole case, or any part of it, as made by the parties on both sides, he used, under the former practice, to file an answer (for further details see Daniell's

Chancery Practice) either to the whole bill or the parts not covered by a demurrer or plea, where a combined defence was resorted to.

By the Judicature Acts a 'Statement of Defence' is substituted for the Answer.'See further STATEMENT Of Defence.

Answer in Divorce. The case of a respondent and co-respondent in the Court for Divorce and Matrimonial Causes.

Answer to Interrogatories. See INTERRO

GATORY.

Ante, occurring in a report or a text-book, is used to refer the reader to a previous part of the book.

Antedate, to date a document before the day of its execution.

Antejuramentum, or Præjuramentum, an oath taken by the accuser and accused before any trial or purgation.- Leg. Athelstan apud Lambard, 23.

Ante litem motam [Lat.] (Before litigation commenced).

Antenati, those born before a certain period, e.g., before marriage. See SETTLE

MENTS.

Ante-nuptial, before matrimony.

Antichresis [fr. ȧvrixpnois, Gk.], in the civil law, a covenant or convention, whereby a person borrowing money of another engages or makes over his lands or goods to the creditor, with the use and occupation thereof, for the interest of the money lent. This covenant was allowed by the Romans, among whom usury was prohibited; it was afterwards called MORT-gage to distinguish it from a simple engagement, where the fruits of the ground were not alienated, which was called VIF-gage, i.e., vivum vadium.--Ibid. The obsolete Welsh mortgage bears a resemblance to this kind of pledge.-1 Domat, b. iii. tit. I. s. i. art. 28; Story on Bailments, 310.

Anticipation, doing or taking a thing before the appointed time. Married women may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to their separate use during coverture. See Pike v. Fitzgibbon, 17 Ch. D. 455, and s. 19 of the Married Women's Property Act, 1882, post., tit. 'Married Women's Property.' But the Conveyancing and Law of Property Act, 1881, s. 39, gives the Chancery Division of the High Court power to bind the interest of a married woman, notwithstanding that she is so restrained.

Antient demesne. See ANCIENT DEMESNE. Antigraphy, a copy or counterpart of a

deed.

Antigua. See 22 & 23 Vict. c. 13, and 13 & 14 Vict. c. 15, s. l.