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posed by some lord or count, in distinction from a fine, which is expressed according to the statute. Kitch. 78.—Amerciament royal, when the amerciament is made by the sheriff, or any other officer of the king. 4 Bl. Com- 372.
AMI. Vide Prochein amy.
AMICABLE ACTION, in Pennsylvania practice, is an action entered by agreement of parties on the dockets of the courts; when entered, such action is considered as if it had been adversely commenced, and the defendant had been regularly summoned. An amicable action may be entered by attorney, independently of the provisions of the act of 1806. 8 S. & R. 567.
AMICUS Curiie, a friend of the court, in practice. One who as a stander by, when a judge is doubtful or mistaken in a matter of law, may inform the court. 2 Inst. 178; 2 Via. Abr. 475; and any one, as amicus curia, may make an application to the court in favour of an infant, though he be no relation, 1 Ves. Sen. 813.
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, contrants, 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 7
disfranchisement which is applicable to members as such. Willc. on Corp. n. 708. The power of amotion is incident 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; secondly, such as are only against his oath, and the duty of his office as a corporator, and amount to breaches 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 Lord Mansfield considered the law as 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 nature 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; 6 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 one who has a special property in them.
AMPLIATION, civil law. A deferring of judgment until the cause is further examined. In this case the judges pronounced the word amplius, or by writing the letters N. L. for non liquet, signifying that the cause was not clear. In practice it is usual in the courts, when time is taken to form a judgment to enter a curia advisere vu.lt; cur. adv. vult, (q. v.)
AMPLIATION, French law. It signifies the giving a duplicate of an acquittance or other instrument, in order that it may be produced in different places. The copies which notaries make out of acts passed before them, and which are delivered to the parties, are also called ampliations. Diet. de Jur. h. t.
AMY or ami, a French word signifying friend. Prochein amy, (q. v.) the next friend. Alien amy, a foreigner, citizen or subject to some friendly power or prince.
AN, JOUR, ET WASTE. See Year, day, and waste.
ANALOGY, construction, is the similitude of relations which exist between things compared; it is the induction made from a known fact. To reason analogically is to draw conclusions based on this similitude of relations, on the resemblance, on the connexion which is perceived between the objects compared. "It is this guide" says Toullier, "which leads the lawgiver like other men, without his observing it. It is analogy which induces us with reason to suppose that following the example of the Creator of the universe, the lawgiver has established general and uniform laws, which it is unnecessary to repeat in all analogous cases." Dr. Civ. Fr. liv. 3,t. 1, c. 1. Vide Ang. on Adv. Enjoym. 30, 31; Hale's Com. Law, 141. Analogy has been declared to be an argument or guide in forming legal judgments, and is
very commonly a ground of such judgments. 7 Barn. & Cres. 168; 3 Bing. R. 265; 8 Bing. R. 557,563; 3 Atk. 313; 1 Eden's R. 212 , - 1 W. Bl. 151; 6 Ves. jr. 675, 676; 3 Swanst. R. 561; 1 Turn. & R. 103, 338; 1 R. & M. 352, 475, 477; 4 Burr. R. 1962, 2022, 2068; 4 T. R. 591; 4 Barn. & Cr. 855 ; 7 Dowl. ds Ry. 251 ; Cas. T. Talb. 140; 3. P. Wms. 391; 3 Bro. C. C. 639, n.
ANATOCISM, in the civil law, is usury, which consists in taking interest on interest, or receiving compound interest. This is forbidden. Code, lib. 4, t. 32, 1.30.
Courts of equity have considered contracts for compounding interest illegal and within the statute of usury. Cas. T. Talbot, 40; et vide Com. Rep. 349; Mass. 247; 1 Ch. Cas. 129; 2 Ch. Cas. 35. And contra 1 Vern. 190. But when the interest has once accrued, and a balance has been settled between the parties, they may lawfully agree to turn such interest into principal, so as to carry interest infuturo. Com. on Usury, ch. 2, s. 14, p. 146 et seq.
ANCESTOR, descents, one who has preceded another in a direct line of descent; an ascendant It differs from the word predecessor, for ancestor is applied to natural persons, while predecessor refers to a body corporate. Vide 2 Black. Com. 209; Bac Ab. h. t.; 1 Ayl. Pand. 58.
ANCESTREL. What relates to or has been done by one's ancestors, as homage ancestrel, and the like.
ANCHORAGE, mar. law. A toll paid for every anchor cast from a ship into a river, and sometimes a toll bearing this name is paid although there be no anchor cast. This toll is said to be incident in almost every port. 1 Wm. Bl. 413; 2 Chit. Com. Law, 16.
ANCIENT DEMESNE, Engl, law, are those lands which either were reserved to the crown at the original distribution of landed property, or such as came to it afterwards, by forfeiture or other means. 1 Salk. 57; Hob. 88; 4 Inst. 264;
I Bl. Com. 286; Bac. Ab. h. t.; F. N. B. 14.
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. 1 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.
II 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.
[116,; 1 Price, 27; 12 Mass. 159; 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 sec 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 agreement, 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 formerlv existed, would have that effect. 3 B. & Cr. 332. See Ad. & Ell. 325.
§ 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. 9 Co. 58; 2 Rolle's Abr. 140, 1. Nitsans, 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; li 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, et>i. derwe. 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; 4Esp.R.l; 9Ves.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.
ANCIENTS, in the English law. A term for gentlemen in the Inns of Courts who are of a certain standing. In the middle temple all who have passed their readings are termed ancients. In Gray's Inn, the ancients are the oldest barristers; besides which the society consists of benchers, barristers and students. In the Inns of Chancery, it consists of ancients, and students or clerks.
ANIENS. In some of our law
books signifies void, of no force. F. N. B. 214.
ANIMAL, property. 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_/er« natura. 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 natura, 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.
The owner of a mischievous animal, known to him to have this vice, is responsible, when he permits him to go at large and do mischief, for the damages he may occasion, 2 Esp. Cas. 432; 4 Campb. 198; 1 Starkie's Cas. 285; 1 Holt, 617; 2Str. 1264; Lord Raym. 110; B. N. P. 77; 1 B. & A. 620; 2 C. M. & R. 496; 5 C. & P. 1 ; S. C. 24 E. C. L. R. 187. This principle agrees with the civil law. Domat, Lois Civ. liv. 2, t. 8, s. 2. And any person may justify the killing of su ch ferocious animal, 9 Johns. 233; 10 Johns. 3b5; 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 I animal; for then he must pay all the J harm done, without being allowed to make the abandonment. Civ. Code, art. 2301.
ANIMALS OF A BASE NATURK, 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. M, s. 36; 4 Bl. Com. 236; 2 East, P. C. 614.
ANIMUS, the intent, the mind with which a thing is done, as animus cancel landi, the intention of cancelling; animus furandi, the indention 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. later, 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; lb. 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; Post. 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