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TECHNICAL TERMS AND PHRASES
USED IN LAW.
Abatement. The defeat or overthrow of a writ. Also an entry · upon lands after the death of the person last seized, and before
the heir. Abet. To support another by encouragement or help. Abey ance. Intendment or consideration of law. Accedas ad curiam. A writ to remove a cause from a court ba
ron, to a superior court. Accessary. One who is not the chief agent in a crime, but con
tributes to it. Ac etiam. And also. Ina writ, on a complaint of trespass, this
clause is inserted; and also to a bill of debt. Administrator de bonis non. Administrator of the goods not ad
ministered, by a deceased executor or administrator. Ad quod damnum. To what damage. A writ to have dama
ges assessed in certain cases. Advowson. A right to present to a benefice. Affidavit. A voluntary oath. Aid. Assistance. Tenant for life, in a real action, may pray
aid of the person under whom he holds, as being better ac
quainted with the title, and more able to defend it. Alias. A second writ, when the first is not served. Alibi. Elsewhere. At another place. The absence of a per
son from the place where he is alleged to have committed an
offence. Alimony. The portion of the husband's' estate, allowed to the
wife on decreeing a divorce. Allodial. Independent. Allodium Lauds held independent of any lord. . Assault. An attempt to commit violence on the person of another. Assumpsit. A voluntary promise to pay or do some thing for
another person Auter foits acquit. 'Acquitted on a former trial... Auter foits convict. A former conviction for the same offence. Avowry. The justification of one who has taken a distress, shew·ing for what cause he took it.
Ayle or besayle. Grandfather, or great grandfather. A writ
where the demandant alleges an abatement in the time of his
grandfather or great grandfather. Baron and Feme. Husband and wife. Billa vera. A true bill. · Bona fide. In good faith. Bote. Necessary supplies of certain articles. Capias ad respondendum. A writ commanding the officer to
iake the body of the defendant, to answer to the action. Capias ad satisfaciendum. A writ commanding the officer to
take the body of the defendant in execution. Cepi corpus. I have taken the body. An officer's return; * Certiorari. A writ to an inferior court, commanding that the
proceedings in a cause be certified to a superior court. Cestui que trust. The person for whose benefit a trustee holds
an estate. Cestui que use. The person for whose use an estate is held. Chose in action. A thing claimed but not yet possessed, as mo
ney due, on note or bond. De bene esse. Conditionally. Dedimus potestatem. A writ authorizing some person to take
depositions. . De medietate lingua. A jury of whom one half are foreigners. Demurrer. An issue in law. Denovo. Anew. A venire de novo is awarded, on giving new
trial after verdict. Devise. A bequest, or gift by will.. Distress. The act of making a legal seizure. The thing seized. Durante absentia. During absence. Durante minore altate. During minority. Emblements. The profits of sown lands. Estate per auter vie. An estate for the life of another. Estovers. Necessaries. Ex contractu. Out of or upon a contract. Ex delicto. Out of or on a wrong. Ex officio. By virtue of office. " Exoneretur. A discharge from responsibility. Ex parte. On the part of one only. Ex post facto. After the act. Feme covert. "A married woman. Feme sole. A single woman. Fieri facias. A writ of execution commanding the officer to levy · and make the money of defendant's estate , Forma Pauperis. As a pauper. Garnishee. The person in whose hands another's money is áts
Guardian ad litem. A guardian appointed for the purpose of
conducting a suit. Habeas corpus. A writ commanding a person who has the cus
tody of a prisoner, to bring him before the court or judge. Habere facias possessionem. A writ commanding the sheriff
to give possession of lands to him who has recovered in ejectment. Heir loom. An article of furniture which descends with the in
levy the amount of defendant's real estate.
ferior court or officer, to perform an official duty.
writ, and prior to the judgment.
Ne unque executor. He never was executor.
the writ can be executed.
will prosecute the indictment no farther.
action of assumpsit. Non compos mentis. Of an unsound mind. Non est factum. It is not his deed. The general issue, in debt · or specialty
Non est inventus. He is not found.
Nuncupative will. A will pronounced, but not written.
bond or other instrument.
been returned, not executed.
A writ in trespass.
person is kept out of his office or business. Quietus. A discharge from responsibility. Qui tam. An action where one sues as well on behalf of the
state as for himself. Quo warranto. A writ requiring the defendant to shew by what
authority he supports his claim.. Respondeat ouster. That he answer over. Retorno habendo. A writ in favour of the defendant in replevin..
That he have return of the goods..
party to appear in court on certain occasions.
appear in court. Suicide. Self-murder. Supersedeas. A writ to stay proceedings in an inferior court,
until an appellate court shall affirm or reverse the judgmente.
Talesmen. Jurors taken from the by-standers; to supply a defi
ciency in the regular panel. Tenant at will. One who holds at the will of the land lord. Tenant by courtesy. One who holds a life estate in the lands of
a deceased wife. Tenant by sufferance. One whose term has expired, and who
still holds possession by the indulgence of the lord Tenant for life. One who holds an estate during his own life,
or the life of another person. Tenant for years. One who holds an estate in lands for a term
of years. Tenant in dower. One who holds a widow's right during her
life, in the lands of which her husband died seized. Terre tenant. Tenant of the lands by any claim. Testatum, fi. fa. or Ca. sa. A writ issued to another county, in
which writ it is suggested, that the defendant is not found, or
has no property in the county whence the writ issues. Tort. Wrong. , Vadium mortuum. A dead pledge; a mortgage. Vadium Vivum. A living pledge. Venditioni exponas. A writ commanding the officer to expose
to sale, property levied on by virtue of a former writ. Venire facias. A writ commanding the officer to summon a jury. Venire. Vicinage; neighborhood; the county or place where an
action is laid. Vi et armis. With force and arms. Viva voce. With the living voice: spoken, not written. Voir dire. To speak truth. An oath administered to a witness,
relative to his interest in the cause.