Old English law, practice. An ancient practice in trials by jury. It consisted in adding other jurors to the panel of jurors, after the cause had been committed to them, in case they could not agree in a verdict. The author of Fleta (ubi sup) thus describes it. The oath having been administered to the jury, the (prenotarius) prothonotary, addressed them thus: You will say upon … [Read more...] about AFFORCE or AFFORCEMENT OF THE ASSIZE
A
AETNA INCEPTUS, CUJUS PERFECTIO PENDOT EX VOLUNTATE PARTIUM, REVOCARI POTEST SI AUTEM PENDET EX VOLUNTATE TORTIAE PERSONAE, VEL EX CONTINGENTI, REVOCARI NON POTEST
An act already begun, the completion of which depends on the will of the parties, may be revoked; but if it depend on the will of a third person, or on a contingency, it cannot be revoked. Bac Max. reg. 20. … [Read more...] about AETNA INCEPTUS, CUJUS PERFECTIO PENDOT EX VOLUNTATE PARTIUM, REVOCARI POTEST SI AUTEM PENDET EX VOLUNTATE TORTIAE PERSONAE, VEL EX CONTINGENTI, REVOCARI NON POTEST
AFFIDATIO DOMINORUM
An oath taken by the lords in parliament … [Read more...] about AFFIDATIO DOMINORUM
AFFIRMATIVE
Averring a fact to be true; that which is opposed to negative. 2. It is a general rule of evidence that the affirmative of the issue must be proved. 3. But when the law requires a person to do an act, and the neglect of it, will render him guilty and punishable, the negative must be proved, because every man is presumed to do his duty and in that case they who affirm he did … [Read more...] about AFFIRMATIVE
AFFORCIAMENTUM
In old English law. A fortress or stronghold, or other fortification. Cowell. The calling of a court upon a solemn or extraordinary occasion. Id. … [Read more...] about AFFORCIAMENTUM