crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same. 2. As a man once tried and acquitted of an offence is not again to be placed in jeopardy for the same cause, so, a fortiori, if he has suffered the penalty due to his offence, his conviction ought to be a bar to a second indictment for … [Read more...]
AUXILIARY
Aiding; attendant on J ancillary, (q. v.) As an auxiliary bill in equity, an auxiliary receiver. … [Read more...]
AUXILIUM
In feudal and old English law Aid; compulsory aid, hence a tax or tribute; a kind of tribute paid by the vassal to his lord, being one of the incidents of the tenure by knight's service. Spelman. Auxilium ad nlium militem faciendum et filiam maritandam. An ancient writ which was addressed to the sheriff to levy com pulsorily an aid towards the knighting of a son. and the … [Read more...]
AVAIL
Profits of land; hence tenant paravail is one in actual possession, who makes avail or profits of the land. … [Read more...]
AVAIL OF MARRIAGE
In feudal law. The right of marriage, which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. A guardian in socage had also the same right, but not attended with the same advantage. 2 Bl. Comm. 88. In Scotch, law. A certain sum due by the heir of a deceased ward vassal, when the heir became of marriageable age. Ersk. Inst. 2, 5, 18. … [Read more...]