crim. law. Formerly attainted. 2. This is a good plea in bar, where a second trial would be quite superfluous. Where, therefore, any advantage either to public justice, or private individuals, would arise from a second prosecution, the plea will not prevent it; as where the criminal is indicted for treason after an attainder of felony, in which case the punishment will be more … [Read more...]
AVERAGE
A medium, a mean proportion. In old English law. A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman. Stubble, or remainder of straw and grass left in corn fields after harvest. In Kent it is called "gratten," and in other parts "roughings." In … [Read more...]
AUTREFOIS CONVICT
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...]