Изображения страниц
PDF
EPUB

tation, the institution shall be good. A parson about to be admitted makes oath that he has not made any corrupt or simoniacal contract.

Ad quod damnum.-A writ addressed to the sheriff of a county to inquire by a jury whether a grant intended to be made by the sovereign will be to his damage or that of others. This writ is also employed for the turning of ancient highways, which cannot be lawfully done without the royal license obtained by this writ on the jury finding that such a change will not be detrimental to the public.

Age-in law, signifies those special times which enable persons of both sexes to do certain acts which before, through want of years and judgment, they were prohibited from. For instance, a male at twelve years of age can take the oath of allegiance to the sovereign; at fourteen he may consent to marriage, and choose his guardian for several purposes; and at twenty-one he may alien his lands, goods, and chattels. As regards a woman: at twelve she may consent to marriage; at fourteen she is at years of discretion, and may choose a guardian; and at twenty-one she may alien her property. Fourteen is the age by law to be a witness; but those of tenderer years who understand the nature of an oath are now admitted to give evidence. Persons under twenty-one are legally styled "infants under the age of twenty-one years." No one can be a Member of Parliament under the age of twenty-one. No man can be ordained priest till twenty-four, nor be a bishop till thirty years of age. He cannot be sworn on any jury or inquest till twenty-one; nor can he practise as an attorney or public notary till that age. In criminal law the discretion of infants varies according to the nature of the offence; but no infant can be guilty of felony or punishable for a capital offence under At fourteen they are presumed capable of contracting guilt. Between the ages of seven and fourteen their capacity for doing evil is measured by the strength of the culprit's

seven.

understanding, the law putting the most merciful construction on his or her acts.

Alderman.-Originally a dignity of the highest-rank, both hereditary and official, and nearly synonymous with that of king. At the present day he is an associate of the civil magistrate of a city or town corporate.

Aliens are those born in a foreign state or country not under the dominion of Great Britain. Those who are children of fathers, natural born subjects, and their children, even though their mothers were aliens, are considered Englishmen. The children of a British mother by an alien have now the same privileges as natural born subjects. An alien desirous of domiciliating himself in England, must obtain letters of denization, which are letters patent, to make him a British subject, or by naturalization. A denizen is, however,

but in a middle state between a foreigner and an Englishman, whilst naturalization places an alien in the same situation as if he had been born an Englishman. The statute 7 and 8 Vict., c. 66, provides a simple and inexpensive mode by which aliens may obtain all the privileges of natural born subjects, except those of sitting in the Legislature, or being of the Privy Council, from the Secretary of State for Home Affairs.

Alimony is the allowance made to a wife out of her husband's estate for her support, either during a matrimonial suit or at its termination, when she proves herself entitled to a separate maintenance and the fact of a marriage is established. But she is not entitled to it if she elope with an adulterer, or leave her husband without just cause. Alimony is within the exclusive jurisdiction of the Court for Divorce and Matrimonial Causes.

Ambassador.-A diplomatic minister sent by one sovereign power to another to treat on affairs of State. He is either ordinary or extraordinary. Ordinary if he resides in the place where he is sent, the protection of commerce being his greatest

care; or extraordinary if employed upon special matters, as congratulations, overtures of marriage, &c. The person of an ambassador is protected from civil arrest.

Amortization.-An alienation of lands in mortmain to any corporation, guild, or fraternity, and their successors, that is to say, to some community that never is to cease. It cannot be done without license from the Crown.

Animals, Cruelty to.-See CRUELTY.

Appeal.-Signifies the removal of a cause from one court to another that is superior, for ultimate decision; and this may, in effect, be done by stating sufficient matters of erroneous judgment in order to have it reversed, which are strictly termed proceedings "in error ;" or by appealing to the House of Lords from the decree of the Chancellor. Error may be applied to

courts of law, appeal to courts of equity.

A writ of error lies from inferior courts of record in England into the Queen's Bench; and the writ of error on any judgments of the Queen's Bench, Common Pleas, or Exchequer of Pleas, is returnable in the Exchequer Chamber, and from thence to the House of Lords, which is the only final judgment, and conclusive upon all parties.

In criminal cases, judgments may be reversed by writ of error, which lies from all inferior courts of criminal jurisdiction to the Queen's Bench, and from the Queen's Bench to the House of Lords.

In equity, decrees pronounced by the Master of the Rolls or the Vice-Chancellors may be reversed by the Lord Chancellor, on a petition of appeal. From the Lord Chancellor a petition of appeal lies to the House of Lords.

Appeal, Lords Justices of.-See LORDS JUSTICES OF. Assault and Battery.-A simple assault is an attempt to commit an act of personal violence on another. Battery is the beating or unauthorised touching another; therefore, any acts done to the person of another in a violent, rude, or revenge

F

ful manner, are batteries; à battery includes the assault.

An

action of trespass is the civil remedy for this injury, which is applicable to the assault only, though this action is generally brought to recover damages for both. Any menace or threat which hinders another in his business by occasion of the fear thereby reasonably entertained is actionable.

Archbishop.-The chief of the clergy in his province; he has supreme power under the Queen in all ecclesiastical causes, and superintends the conduct of other bishops, his suffragans. England has two archbishops-Canterbury and York. The Archbishop of Canterbury is styled Primate of all England, and is the first peer of the realm. The Archbishop of York is called Primate of England. Ireland has four-Armagh, Dublin, Cashel, and Tuam; of whom Armagh is Primate of all Ireland.

Archdeacon.-Is a substitute for the bishop, and has ecclesiastical jurisdiction and dignity over the clergy and laity next to the bishop throughout the diocese. He has a court where he hears ecclesiastical causes, and may inflict penance and excommunicate, subject to an appeal to the bishop. He examines candidates for holy orders, and inducts clerks upon receipt of the bishop's mandate. In law he is styled the bishop's vicar or vicegerent.

Arches Court.-A court of appeal belonging to the Archbishop of Canterbury, the judge of which is called the Dean of Arches. Its proper jurisdiction is only over the thirteen peculiar parishes belonging to the archbishop in London; but the office of Dean of the Arches having been for a long time united to that of the archbishop's principal official, the Judge of the Arches now receives and determines appeals from the sentences of all inferior ecclesiastical courts within the province. An appeal lies from this court to the Judicial Committee of the Privy Council. Its sittings are held in Westminster.

Articles of Religion.-In 1539 six articles of religion were published, viz. :-Transubstantiation, communion in one

kind, vows of chastity, private masses, celibacy of the clergy, and auricular confession. In 1552, forty-two were published, but were reduced in 1562 to thirty-nine, and received the royal authority and consent of Parliament in 1571. Subscription to the articles is no longer necessary on matriculation or on taking a degree at the Universities of Oxford or Cambridge.

Articles of War.-A code of laws for the regulation of the land forces, made in pursuance of the several annual Acts against mutiny and desertion. There were formerly articles of the

navy for the government of the royal fleet, but these have been repealed by the "Naval Discipline Act" in 1861.

Assizes.-A court or jurisdiction which summons a jury by a commission of assize to take the assizes. There are two commissions-a general commission, which is issued twice a year to the judges of the superior courts of common law at Westminster, two of whom are assigned to every circuit; and a special commission, which is granted to certain judges to try certain causes and crimes.

Attainder, is the corruption of the blood of a criminal capitally condemned. The Norman laws provided that by attainder of treason or felony a person forfeited his lands and his blood became attainted, which utterly disqualified his descendants from inheriting property. Its severity was modified in 1695; and in 1814 disinheritance was restricted to the culprit, except in cases of high treason. In 1834 further modifications were made in this Act. Two witnesses in cases of high treason are necessary where corruption of blood is incurred, unless the accused shall confess or stand mute.

Attorney-General.-A great officer of State, appointed by letters patent, and the legal representative of the Crown in the courts of law and equity. He exhibits informations, prosecutes for the Crown in criminal matters, files bills in the Exchequer in revenue causes, and informations in Chancery where the Crown is interested. The Prince of Wales and a Queen Consort

« ПредыдущаяПродолжить »