AMI. Vide Prochein amy.

cident to a corporation, 2 Str. 819; 1 Burr. 539. In Rex. v. Richardson, Lord Mansfield specified three sorts of offences for which an officer might be discharged; first, such as have no immediate relation to the office, but are in themselves of so infamous a nature, as to render the offender unfit to execute any public franchise; se condly, such as are only against his oath, and the duty of his office as a

of the tacit condition annexed to his office; thirdly, the third offence is of a mixed nature; as being an offence not only against the duty of his office, but also a matter indictable at common law. 2 Binn. R. 448. And

AMNESTY, government, is an act of oblivion of past offences, granted by the government to those who have been guilty of any neglect or crime, usually upon condition that they return to their duty within a certain period. An amnesty is either express or implied; it is express when so declared in direct terms; and it is implied when a treaty of peace is made between contending parties. Vide Vattel, liv. 4, c. 2, 20, 21, 22; Encyclop. Amer. h. t.

AMORTIZATION, contracts, in the English law. An alienation of lands or tenements in mortmain, 2 stat. Ed. 1.

AMORTISE, in contracts: to alien lands in mortmain.

AMOTION, in corporations and companies, is the act of removing an officer from his office; it differs from

settled, that though a corporation has express power of amotion, yet for the first sort of offences, there must be a previous indictment and conviction; and that there was no authority since Bagg's Case, 11 Rep. 99, which says that the power of trial as well as of amotion, for the second offence is not incident to every corporation. He also observed: "We think that from the reason of the thing, from the na ture of the corporation, and for the sake of order and good government, this power is incident as much as the power of making by-laws." Doug. 149.

See generally, Willcock on Mun. Corp. 268; 6 Conn. Rep. 532; & Mass. R. 462; Ang. & Am. on Corpor. 236.

AMOTION, tort. An amotion of possession from an estate is an ouster which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined. 3 Bl. Com. 198, 199. Amotion is also applied to personal chattels where they are taken unlawfully out of the possession of the owner, or of

ANCIENT LIGHTS, estates, are windows which have been opened for twenty years and enjoyed without molestation by the owner of the house. 5 Har. & John. 477; 12 Mass. R. 157, 220. It is proposed to consider, 1, How the right of ancient light is gained. 2, What amounts to interruption of an ancient light. 3, The remedy for obstructing an ancient light.

§ 1. How the right of opening or keeping a window open is gained. 1. By grant. 2. By lapse of time. Formerly it was holden that a party could not maintain an action for a nuisance to an ancient light, unless he had gained a right to the window by prescription. I Leon. 188; Cro. Eliz. 118. But the modern doctrine is, that upon proof of an adverse enjoyment of lights for twenty years or upwards, unexplained, a jury may be directed to presume a right by grant, or otherwise, 2 Saund. 175, a; 12 Mass. 159; 1 Esp. R. 148. See also 1 Bos. & Pull. 400; 3 East, 299; Phil. Ev. 126; 11 East, 372; Esp. Dig. 636. But if the window was opened during the seisin of a mere tenant for life, or a tenancy for years, and the owner in fee did not acquiesce in, or know of the use of the light, he would not be bound. 11 East, 372; 3 Camp. 444; 4 Campb. 616. If the owner of a close builds a house upon one half of it, with a window lighted from the other half, he cannot obstruct lights on the premises granted by him; and in such case no lapse of time is necessary to confirm the grantee's right to enjoy them. 1 Vent. 237, 289; 1 Lev. 122; 1 Keb. 553; Sid. 167, 227; L. Raym. 87; 6 Mod.

Rep. 24; 2 Saund. 114, n. 4; Hamm. N. P. 202; Selw. N. P. 1090; Com. Dig. Action on the case for a Nuisance, A. Where a building has been used twenty years to one purpose, (as a malt house,) and it is converted to another (as a dwelling-house,) it is entitled in its new state only to the same degree of light which was necessary in its former state. 1 Campb. 322; and see 3 Campb. 80. It has been justly remarked, that the English doctrine as to ancient lights can hardly be regarded as applicable to narrow lots in the new and growing cities of this country; for the effect of the rule would be greatly to impair the value of vacant lots, or those having low buildings upon them, in the neighbourhood of other buildings more than twenty years old. 3 Kent, Com 446, n.

§ 2. What amounts to an interruption of an ancient light. Where a window has been completely blocked up for twenty years, it loses its privilege. 3 Camp. 514. An abandonment of the right by express agree. ment, or by acts from which an abandonment may be inferred, will deprive the party having such ancient light of his right to it. The building of a blank wall where the lights formerly existed, would have that effect. 3 B. & Cr. 332. See Ad. & Ell. 325.

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3. Of the remedy for interrupting an ancient light. 1. An action on the case will lie against a person who obstructs an ancient light. Co. 58; 2 Rolle's Abr. 140, 1. Nusans, G. 10. And see Bac. Ab. Actions on the Case, (D); Carth. 454; Comb, 481; 6 Mod. 116.-2. Total deprivation of light is not necessary to sustain this action, and if the party cannot enjoy the light in so free and ample a manner as he did before, he may sustain the action, but there should be some sensible diminution

of the light and air, 4 Esp. R. 69.3. The building a wall which merely obstructs the sight is not actionable, 9 Co. 58, b; 1 Mod. 55.-4. Nor is the opening windows and destroying the privacy of the adjoining property; but such new window may be immediately obstructed to prevent a right to it being acquired by twenty years' use. 3 Campb. 82.

See generally on this subject, 1 Nels. Abr. 56, 7; 16 Vin. Abr. 26; 1 Leigh's N. P. c. 6, s. 8, p. 558; 12 E. C. L. R. 218; 24 Id. 401; 21 Id. 373; 1 Id. 161; 10 Id. 99; 28 Id. 143; 23 Am. Jur. 46 to 64; 3 Kent, Com. 446, 2nd ed.; 7 Wheat. R. 109; 19 Wend. R. 309; Math. on Pres. 318 to 323.

ANCIENT WRITINGS, evidence. Deeds, wills, and other writings more than thirty years old, are considered ancient writings. They may in general be read in evidence, without any other proof of their execution than that they have been in the possession of those claiming rights under them. Tr. per Pais, 370; 7 East, R. 279; 4 Esp. R.1; 9 Ves. Jr. 5; 3 John. R. 292; 1 Esp. R. 275; 5 T. R. 259; 2 T. R. 466; 2 Day's R. 280. But in the case of deeds possession must have accompanied them. Plowd. 6, 7. See Math. Pres. 271, n. (2).

ANCIENTLY, in the English law, a term for eldership or seniority used in the statute of Ireland, 14 Hen. 8.

ANIMAL, property.

books signifies void, of no force. F. N. B. 214. A name given to every animated being provided with digestive organs. In law it signifies all animals except those of the human species. Animals have the power of locomotion, or they are deprived of that faculty. Those which possess the locomotive power, are distinguished into such as are domita, and such as are feræ naturæ. It is laid down, that in tame or domestic animals, such as horses, kine, sheep, poultry, and the like, a man may have an absolute property, because they continue perpetually in his possession, and occupation, and will not stray from his house and person unless by accident or fraudulent enticement, in either of which cases the owner does not lose his property. 2 Bl. Com. 390; 2 Mod. 319. But in animals fere naturæ, a man can have no absolute property; his property in them is qualified; they belong to him only while they continue in his keeping or actual possession; for if at any time they regain their natural liberty, his property instantly ceases, unless they have animum revertendi, which is only to be known by their usual habit of returning. 2 Bl. Com. 396; 3 Binn. 546; Bro. Ab. Propertie, 37; Com. Dig. Biens, (F); 7 Co. 17 b; 1 Ch. Pr. 87; Inst. 2, 1, 15.

ANIENS. In some of our law VOL. I.-10.

ferocious animal, 9 Johns. 233; 10 Johns. 365; 13 Johns. 312. The owner of such an animal may be indicted for a common nuisance, 1 Russ. Cr. 303; Ch. Cr. Law, 643; Burn's Just., Nuisance, 1. In Louisiana, the owner of an animal is answerable for the damage 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 all the harm done, without being allowed to make the abandonment. Civ. Code, art. 2301.

ANIMALS OF A BASE NATURE, are such animals, which though they may be reclaimed, are not such that at common law a larceny may be committed of them, by reason of the baseness of their nature. Some animals which are now usually tamed come within this class, as dogs and cats; and others which, though wild by nature, and oftener reclaimed by art and industry, clearly fall within the same rule; as, bears, foxes, apes, monkeys, polecats, ferrets, and the like, 3 Inst. 109; 1 Hale, P. C. 511, 512; 1 Hawk. P. C. c. 33, s. 36; 4 Bl. Com. 236; 2 East, P. C. 614.

ANIMUS, the intent, the mind with which a thing is done, as animus cancellandi, the intention of cancelling; animus furandi, the intention of stealing; animus manendi, the intention of remaining; animus morandi, the intention or purpose of delaying. Contracts are valid, when legal in other respects, when the parties intended to bind themselves, but when such an intention was absent, they are not binding. Whether the act of a man, when in appearance criminal, is so or not, depends upon the intention with which it was done. "Vide Intention.

ANIMUS FURANDI, crim. law, an intention to steal. In order to constitute larceny, (q. v.) the thief must take the property animo furandi, but this is expressed in the definition of larceny by the word felonious, 3 Inst. 107; Hale, 503; 4 Bl. Com. 229. Vide 2 Russ. on Cr. 96; 2 Tyler's R. 272. When the taking of property is lawful, although it may afterwards be converted, animo furandi, to the taker's use, it is not larceny, 3 Inst. 108; Bac. Ab. Felony, (C); 14 Johns. R. 294; Ry. & Mood. C. C. 160; Ib. 137; Prin. of Pen. Law, ch. 22, § 3, p. 279, 281.

ANIMUS REVERTENDI, an intention of returning. A man retains his domicil, if he leaves it animo revertendi, 3 Rawle R. 312; 1 Ashm. R. 126; Fost. 97; 4 Bl. Com. 225; 2 Russ. on Cr. 18; Pop. 42, 52; 4 Co. 40.

ANN, or more properly An. This is a French word used by some of our old law writers. It signifies year. Vide Com. Dig. h. t.

ANNATES, eccl. law. First fruits paid out of spiritual benefices to the pope, being the value of one year's profit.

ANNEXATION, property, is the union of one thing to another. In the law relating to fixtures, (q. v.) annexation is actual or constructive. By actual annexation is understood every mode by which a chattel can be joined or united to the freehold. By constructive annexation is understood the union of such things as have been holden parcel of the realty, but which are not actually annexed, fixed, or fastened to the freehold; for example, deeds, or chattels, which relate to the title of the "inheritance." Shep. Touch. 469. Vide Amos & Fer. on Fixtures, 2.

ANNI NUBILES, the age a girl becomes by law fit for marriage, which is twelve.

ANNIENTED, from the French