any particular fact or facts may be proved by affidavit or that the affidavit of any witness may be read at the hearing on trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bond fide required for cross-examination (Jud. Act, 1875, Sched. I., Ord. XXXVII., Rule 1). Affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.

As to time for filing affidavits see Ord. XXXVIII., Rule 1).

Any affidavit may be sworn to either in print or in manuscript, or partly in print and partly in manuscript (Jud. Act, 1875, Sched. I., Ord. LVI., Rule 3).

Where the above rules do not state anything to the contrary, the practice previously existing in reference to affidavits is still applicable (Jud. Act, 1873, s. 73). As to the former practice, see Daniell's Chan. Prac., 4th ed., 824-37, and Day's C. L. P. Acts, 3rd ed., 19 et seq.; 385, 485.

By the 3 & 4 Wm. IV. c. 42, s. 42, provision is made for the appointment of commissioners to take affidavits in Scotland and Ireland. By the 18 & 19 Vict. c. 42, s. 1, affidavits may be made abroad before any British ambassador, envoy, minister, chargé d'affaires, secretary of embassy or of legation, British Consul or consular agent. An affidavit may be sworn abroad in a foreign language provided there be an affidavit verifying a translation of it. See also AFFIRMATION and COMMISSIONER.

Affidavit of Increase. See INCREASE. Affidavit Office in Chancery, abolished by 15 & 16 Vict. c. 87, ss. 27 & 29, and its duties transferred to the Clerks of Records and Writs.

Affidavit to hold to bail. By 1 & 2 Vict. c. 110, s. 3, it was provided that upon an affidavit of the existence of a debt to the amount of 201. or upwards, and that a defendant was about to quit England, it was made lawful for any plaintiff to apply to a judge to hold such defendant to bail. But now, by the 32 & 33 Vict. c. 62, s. 6, this power can only be exercised where the debt amounts to 501. or upwards, and where it can be shown that the defendant's absence from England will materially prejudice the plaintiff in the prosecution of his action.

Affiliation, the fixing any one with the paternity of a bastard child, and the obligation to maintain it. The process is regulated by the Bastardy Acts, 1872 and 1873, the Poor Law Amendment Act, 1844, 7 & 8 Vict.

c. 101, ss. 4-8, and 8 Vict. c. 10. See BASTARD, and Saunders on Affiliation.

Affinage [ purgatio metalli, Lat.], refining metal, hence fine and refine.-Blount.

Affinitas affinitatis, the connection which has neither consanguinity nor affinity, as, the connection between a husband's brother and his wife's sister.

Affinitas dicitur, cum duæ cognationes, inter se divise, per nuptias copulantur et altera ad alterius fines accedit. Co Litt. 157.—(It is called affinity, when two families, divided from one another, are united through marriage, and either approaches the confines of the other.)

Affinity, relationship by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband.-1 Bl. Com. 434.

Affinity is distinguished into three kinds. (1) Direct, or that subsisting between the husband and his wife's relations by blood, or between the wife and the husband's relations

by blood. (2) Secondary, or that which

subsists between the husband and his wife's relations by marriage. (3) Collateral, or that which subsists between the husband and the relations of his wife's relations.

Affirm, to ratify or confirm a former law or judgment.-Cowel.

act.

Affirmance, the confirmation of a voidable

Affirmant, a person who solemnly affirms, instead of taking an oath.

Affirmanti, non neganti, incumbit probatio. (The proof lies upon him who affirms, not upon him who denies.)

49),

Affirmation, a solemn declaration without oath; an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. IV. c. 32, s. 1; 3 & 4 Wm. IV. c. and afterwards extended to Separatists (3 & 4 Wm. IV. c. 82), who, in giving evidence either in civil or criminal cases, in lieu of an oath, may make a solemn affirmation that what they say is true. False affirmations are liable to the penalty of perjury. 9 Geo. IV. c. 32; 3 & 4 Wm. IV. cc. 49 & 82: 1 & 2 Vict. c. 77; C. L. P. Act, 1854, s. 20; and 8 & 9 Vict. c. 25 (Scotland). The privilege of affirming without an oath is now extended to all persons who object to take an oath. See 16 & 17 Vict. c. 125, s. 20; 24 & 25 Vict. c. 66; 31 & 32 Vict. c. 72; and particularly the Evidence Amendment Act, 1869, 32 & 33 Vict. c. 68, s. 4 (extended by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from taking an oath.

The Act of 1869, however, does not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by members of parliament (Clarke v. Bradlaugh, 7 Q. B. D. 38).

Affirmative pregnant, an assertion implying a negation.

Affirmativum negativum implicat.-(An affirmation implies a negative.)

Afforare, to set a price or value on a thing. See AFFEERORS.-Blount.

Afforatus, appraised or valued, as things vendible in a fair or market.-Ibid.

Afforciare, Afforce, to add, increase, or make stronger; in case of disagreement of the jury, let the assize be increased, which is an afforcement of the assize.-Ibid.

Afforest, to turn ground into a forest. Chart. de Forest, c. 1.

Affranchise, to make free.

Affray [fr. effrayer, Fr., to affright], a skirmish or fighting between two or more persons; there must be a stroke given or offered, or a weapon drawn, otherwise it is not an affray. It is a public offence, and is so called because it affrights persons. differs from an assault in that it is a wrong to the public, while an assault is of a private nature. 1 Hawkins, P. C. 154.

It

Affreightment [fr. fret, Fr.], the freight or lading of a ship.-Cowel. See CHARTER

PARTY.

Affri, or Affra, bullocks, horses, or beasts of the plough.-Ibid.

Aforesaid, already mentioned.-Plowd. 67. Aforethought, prepense, premeditated.

A fortiori [by so much stronger (reason), Lat.]. It is thus applied:-A private person, and à fortiori, a peace officer (it being his especial duty), who is present at the commission of a felony, is bound by the law to arrest the felon, on pain of fine and imprisonment. -2 Hawk. P. C. 74.

Africa, Coast of. By 6 & 7 Vict. c. 13, amended by 23 & 24 Vict. c. 121, provision is made for the government of British settlements on the coast of Africa.

African Company, a company which, under a charter of Charles II., enjoyed an exclusive trade from the port of Sallee, in South Barbary, to the Cape of Good Hope, both inclusive, with all the islands near to those coasts. Several statutes passed, placing their trade upon a new footing, but the 1 & 2 Geo. IV. c. 28, abolished the company and annulled all the grants made to them; under it the Crown took possession of their forts and castles, and the trade was thrown open.

Aftermath, the second crop of grass or pasture.

Agalma [ayaλua, Gr.], an impression or image of anything on a seal.-Cowel. Agard, award.

Age, the criminal responsibility of males and females, and their power to do certain acts, depend upon their age. Thus in crimi

nal matters, a person of the age of fourteen may be capitally punished for any capital offence, but under the age of seven he cannot. The period between seven and fourteen is subject to much uncertainty; the rule applicable to it depends upon the infant's capacity to discern good from evil; if he could, then the maxim is, malitia supplet ætatem (malice supplies the want of age), and he may be convicted and executed. A male at twelve years old may take the oath of allegiance, at fourteen is at years of discretion, so far at least that he may enter into a binding marriage, or consent or disagree to one contracted before, and at twenty-one he is at his own disposal, and may alien his lands, goods, and chattels. A female at twelve is at years of maturity, and may enter into a binding marriage, or consent or disagree to one contracted before, and at twenty-one may dispose of herself and all her property. Full age in male or female is twenty-one years, which age is completed on the day preceding the twenty-first anniversary of a person's birth. As to marriage settlements by male of twenty or female of seventeen, see MARRIAGE SETTLEMENT.-1 Co. Litt. 78; Bro. Abr. ' Age.'

The Roman Civil Law divides age thus:-
I. Infantia, from birth to seven years.
(a) Etas infantiæ proxi-
ma, from 7 to 104.

II. Pueritia.

(b) Etas pubertati proxima, from 10 to 14.

III. Pubertas, from 14 upwards. During infantia and atas infantia proxima, a person was not punishable for any crime. During atas pubertati proxima, a person was liable, if doli capax. At pubertas, a person became fully responsible. Tayl. C. L. 254 et seq.

Agency, deed of, a revocable and voluntary trust for payment of debts.-Consult Lewin on Trusts.

Agenfrida, the true lord or owner of anything. Cowel.

Agenhina, Agenhine, a guest at an inn, who, having stayed there for three nights, was then accounted one, of the family.Ibid.

Agent, a person appointed to transact the business of another.-Dyche.

Agents may be divided into three classes :I. Commercial, as

(a) Auctioneers. (b) Brokers. (e) Factors.

III. Social, as——

(a) Attorneys in fact.

(b) Servants.

It is a general Common Law rule, that where an authority is given to two or more persons to do an act, the act binds the principal only when all of them concur in doing it; for the authority is construed strictly, and the power is deemed to be joint, unless expressed to be several.

But a more liberal construction in favour of commercial transactions is admitted, for, if a joint consignment be made to two factors (whether partners or not) each possesses the whole power over it, but such joint-factors are co-obligers, and, as such, are jointly accountable and answerable for one another in solido. --Story's Agency, 38. Consult Sm. Merc. Law, 8th ed., 104 et seq. As to the punishment of frauds by agents, see 24 & 25 Vict. c. 96, s. 75 et seq.

Agent and patient, when the same person is the doer of a thing and the party to whom done; thus, when a widow endows herself of the best part of her husband's possessions, this being the act of herself to herself, she is both agent and patient. Again, if one be indebted to another, and afterwards the debtor makes the creditor his executor, the creditor may retain out of the testator's assets as much as will satisfy the debt; by such retainer he is both agent and patient.-8 Rep. 118, 138. Obsolete.

Agentes et consentientes, pari pœnâ plectentur. 5 Co. 80.-(Acting and consenting parties are liable to the same punishment.)

Age-prier, or prayer [ætatis precatio, Lat.], to pray age; thus, when an action is brought against a minor for the recovery of lands, which he possesses by descent, he petitions or moves the Court to stay the action until he attain his majority, which is generally acceded to. Termes de la Ley, 30.

Aggravation, the increase of the enormity of a wrong. Matters of mere aggravation, that is, which tend only to increase the amount of damages, and do not constitute the right of action itself, need not be traversed in pleading. In a count, for example, charging a trespass

*Now styled 'Solicitors of the Supreme Court.' See Jud. Act, 1878, s. 87.

in pulling down a house, it is mere matter of aggravation to state that the plaintiff was in it at the time.

Aggravated Assaults on females and boys under fourteen, see 24 & 25 Vict. c. 100, ss. 42-3 (replacing certain sections 16 & 17 Vict. c. 30, an act expressly passed for the better prevention of aggravated assaults upon women and children '), which allow justices to give a convicted offender six months imprisonment with hard labour (the maximum term for a common assault being two months), and to bind him over to keep the peace.

Aggregate, a collocation of individuals, units, or things, in order to form a whole. Aggressor, the beginner of a quarrel or dispute.

Agild [sine mulctâ, Lat.], free from penalties, not subject to customary fines or impositions.-Blount.

Agiler [fr. a gilt, Sax., without fault], an observer or informer.-Ibid.

Agillarius, a hey-ward, herd-ward, or keeper of cattle in a common field, solemnly sworn at the lord's court. There were two sorts, one of the town or village, another of the lord of the manor.-Ken. Paroch. Antiq. 534, 576.

Agio [aggio, Ital., an exchange of money for a premium], a term used to express the difference in point of value, between metallic and paper money or between one sort of metallic money and another.-McCull, Com. Dict.

Agiotage, a speculation on the rise and fall of the public debt of states, or the public funds. The speculator is called agioteur.

Agist [fr. gisement, Fr., a bed or resting place], to take in and feed strangers' cattle in the Royal Forest, and to collect the money due for it.-Manw. Forest Laws, cc. 11-80.

Agistatio animalium in foresta, the drift or numbering of cattle in the forest.-Ibid. Agisters, or Gist Takers (called also Agistators), officers appointed to look after cattle, etc.-Ibid.

Agistment [fr. jacere, Lat., gésir, Fr., to lie, whence giste, a lodging], the taking in of other men's cattle into pasture-land, at a certain rate per week; so called, because the cattle are suffered agiser, i.e., to be levant et couchant there. Also the profit of such feeding. Agistment of sea banks [terræ agistatæ, Lat.], where lands are charged with a tribute to keep out the sea.

Agnates, agnati, or adgnati, relations derived per virilis sexus personas, i.e., relations by the father's side as distinguished from cognati, relations by the mother's. An agnate is related by generation; thus, my son, brother, paternal uncle, and their children, as also

my daughter and sister, are agnated to me. See Smith's Dict of Antiq.-Cognate.

Agnation, kinship by the father's side. Agnomen, a name derived from some notable personal circumstance, as the name Africanus, borne by the two Scipios on account of their victories over the Carthagenians.-Cum. C. L. 170.

Agnomination, a sur-name.

Agnus Dei (Lat.), a piece of white wax, in a flat, oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the Pope. Cowel.

Agraria lex. The Agrarian law was enacted to distribute among the Roman people all the lands which they had gained by conquest, and to limit the quantity of land possessed by each person to a certain number of acres. Cicero pro Leg. Agr.; Smith's Dict. of Antiq.

An agrarian law was clearly developed in the regulations of the Jewish lawgiver, who, following the example of the Egyptians, made agriculture the basis of the state. He accordingly apportioned to every citizen a certain quantity of land, and gave him the right of tilling it himself, and of transmitting it to his heirs. The person who had thus come into possession could not alienate the property for any longer period than the year of the coming jubilee a regulation which prevented the rich from coming into possession of large tracts of land, and then leasing them out in small parcels to the poor. See Graves on the Pentateuch.

Agreed. This word in a deed creates a

covenant.

Agreement [fr. gratus, Lat., acceptable; aggregatio mentium, Lat.], a joining together of two or more minds in anything done or to be done. Also, the effect of a joint-consent of two or more parties to a contract or bargain. There are three sorts:-(1) An agreement executed at once, as where money is paid for the matter agreed, or other satisfaction made, at the time it is entered into. (2) An agreement after an act done by another, as where one does a thing and another afterwards agrees to it, this is also called an executed agreement. (3) An agreement executory, or to be performed at some future time.-Termes de la Ley, 31; Plowd. 5. See CONTRACT.

Agri, arable lands in common fields.Fortescue.

Agri limitati, lands belonging to the state by right of conquest, and granted or sold in plots. Sand. Just., 5th ed., 98.

Agricultural (Children) Act, 1873, 36 & 37 Vict. c. 67. This Act made regulations with respect to the employment of children under ten years of age. It was repealed by the Elementary Education Act, 1876, 39 & 40 Vict. c. 76, but its principal provisions were

There is an

in effect re-enacted thereby. exemption of children between 8 and 10 from restrictions of the Education Act, in reference to operations of husbandry, under s. 9, sub. 3 of that Act.

Agricultural fixtures, see FIXTURES.

Agricultural Gangs Act, 30 & 31 Vict. c. 130. This act, after reciting that in certain counties in England certain persons known as gangmasters hire children, young persons, and women, with a view to contracting with farmers and others for the execution on their lands of various kinds of agricultural work, enacts certain regulations to be observed by gangmasters, and requires them to obtain licenses. Amended as to children by the Agricultural Children Act, 1873, ante.

Agricultural Holdings (England) Act, 1875. By this Act provision is made for tenants (whose tenancies commenced after the commencement of the Act, i.e., after February 14th, 1876) obtaining, on the determination of their tenancies, compensation from their landlords for improvements to the soil, roads, fences, buildings, etc., and otherwise of the holding, and for the application of manure to the same, the amount of compensation varying according to a certain classification provided by the Act, subject to certain deductions. In case the landlord and tenant cannot agree, the amount is to be settled by a reference, the procedure in which is provided for by the Act. There is an appeal in certain cases to the County Court if the award is for more than 501. The Act also contains provisions giving the tenant a property in fixtures, and substituting one year's notice for half a year's notice, as the notice necessary to determine a tenancy from year to year. The provisions of the Act do not interfere with freedom of contract between the landlord and the tenant, and as a matter of fact, the operation of the Act is very limited.

Agusadura, in ancient customs, a fee, due from the vassals to their lord for sharpening their ploughing tackle. Anciently, the tenants in some manors were not allowed to have their agricultural implements sharpened by any but those whom the lord appointed; for which an acknowledgment was paid, called agusadura or agusage, which some take to be the same with what was otherwise called rullage, from the ancient French reille, a ploughshare. -Encyc. Lond.

Agweddi, [ag-gweed, conjunction], a portion given with a bride.Anc. Inst. Wales.

Aid of the King [auxilium regis, Lat.], the king's tenant prays this, when rent is demanded of him by others. A city or borough, holding a fee-farm from the king, if anything be demanded which belongs to such fee-farm,

may pray in aid of the king,' and the king's bailiffs, collectors, or accountants, shall have aid of the king. The proceedings are then stayed until the Crown counsel are heard, but this aid will not be granted after issue, because the Crown cannot rely upon the defence made by another.-Jenk. Cent. 64; Termes de la Ley, 35.

Aid Prayer, formerly made use of in pleading for a petition in Court, praying in aid of the tenant for life, etc., from the reversioner or remainder-man, when the title to the inheritance was in question. It was a plea in suspension of the action.-Com. Dig. Aide,' B. 5; 3 Bl. Com. 300.

Aiders, advocates, abettors. See ACCESSARY. Aids [fr. aides, Fr.; auxilia, Lat.], originally mere benevolences granted by a tenant to his lord, in times of distress, but at length the lords claimed them as of right. They were principally three: (1) To ransom the lord's person, if taken prisoner; (2) To make the lord's eldest son and heir apparent a knight; (3) To give a suitable portion to the lord's eldest daughter on her marriage. Abolished by 12 Car. II. c. 24. Also, extraordinary grants to the Crown by the House of Commons, and which were the origin of the modern system of taxation.-2 Bl. Com. 63, 64.

Aiel, or Aile [fr. aïeul, Fr. ; avus, Lat., a grandfather], a writ which lay when a man's grandfather, or great grandfather (called besaile), died seised of lands in fee-simple, and on the day of his death the heir was dispossessed of his inheritance by a stranger.F. N. B. 222.

Aillt [aill, other], a villain.--Anc. Inst. Wales.

Ainsty, a district on the south-west of the city of York, annexed thereto 27 Hen. VI., and subject to the Lord Mayor and Corporation under the name of the county of the city of York. Gorton's Topographical Dictionary.

Air. As to the right to the enjoyment of air free and unpolluted, see Gale on Easements, and 2 Br. & Had. Com. 12, 40.

Airway, a passage for the admission of air into a mine. To maliciously fill up, obstruct, or damage, with intent to destroy, obstruct, or render useless the airway to any mine, is a felony punishable by penal servitude or imprisonment at the discretion of the Court. 24 & 25 Vict. c. 97, s. 28.

Al, or ald [eald, Sax., age]. This syllable prefixed to the names of places denotes antiquity, as Aldborough, i.e., Old Borough, Aldeburgh, Aldworth, Aldgate, etc.--Blount. Ala Campi, Wingfield.

Alæ ecclesiæ, the wings or side aisles of a church.-Blount.

Alænus, the river Ax, in Devonshire. Alanerarius, a manager and keeper of dogs. for the sport of hawking; from alanus, a dog known to the ancients. A falconer.-Blount. Alauna, Alnwick in Northumberland; also Alcester in Warwickshire.

Alba, a surplice or white sacerdotal vest, anciently worn by officiating priests.-Blount.

Alba firma. When quit-rents payable to the Crown by freeholders of manors were reserved in silver or white money, they were called white-rents or blanch-farms, reditusalbi, in contradistinction to rents reserved in work, grain, etc., which were called reditusnigri, black-mail.-2 Inst. 19.

Albinatus jus, the droit d'aubaine in France, whereby the king, at an alien's death, was entitled to all his property, unless he had peculiar exemption. Repealed by the French laws in June, 1791.

Albo Monasterio, De, Whitechurch.
Albrea and Albericus, Aubrey.

Albom, white rent paid in silver. See ALBA FIRMA.

Albus Liber, an ancient book containing a compilation of the law and customs of the City of London. It has lately been reprinted by order of the Master of the Rolls.

Alcade, a judicial officer in Spain. Alder, the first, as alder best is the best of all; alder liefest, the most dear.-Blount. Alder Carr, land covered with. alders.-Norfolk phrase.

Alderman [ealdorman, Ang.-Sax., fr. eald, old, ealdor, a parent]. Originally the word. was synonymous with 'elder,' but was also used to designate an earl, and even a king. In the latter days of Anglo-Saxon sovereignty, under Ethelred and his son Edward, the dignity of ealdorman reached its highest point, from which it rapidly descended, their functions being either suppressed or exercised by officials under other denominations, until the once great name remained alone to that civic magistrate, of whom the earliest traces are, perhaps, to be found in the time of Edward the Confessor.-Spel. Glos. The word is now confined to the class of municipal officers in a borough next in order to the mayor. The Municipal Corporation Act, 1835, 5 & 6 Wm. IV. c. 76, which gave aldermen no special duties of any importance, enacted that they should be in number, one-third of the number of the councillors, should remain 6 years in office, and be elected by the councillors, but not necessarily from amongst the councillors; and this enactment is repeated by s. 14 of the Consolidating Act of 1882. See MUNICIPAL CORPORATION.

Alderney, one of the islands in the English Channel, which formed part of the Duchy of