Page:Black's Law Dictionary (Second Edition).djvu/100

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ARTIFICIAL 92 ASSART  

ARTIFICIAL. Created by art, or by law; existing only by force of or in contemplation of law. —Artificial force. In patent law. A natural force so transformed in character or energies by human power as to possess new cupbbilities of action; this transformation of a natural force into a force practically new involves a true inventive act. I\'all v. Le-ck, 66 Fed. 555. 13 C. C. A. 630.—Artificis.l persons. Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons. 1 Bl. Comm. 123. Chapman v. Brewer, -$3 Neb. 890. 62 N. W. 320. 47 Am. St. Rep. 779: Sm.iLh v. Trust Co., 4 Ala. 5(i8.—Az-tiflcisl presumptions. Also called “legal presumptions’ those which derive their force and effect from the law, rather than their natnral tendency to produce belief. 3 Stnrkie. Ev. 1225. Gulirk v. Under. 13 N. J. Law, 72, 23 Am. Dec 711.— Artificial succession. The succession between predecessors and successors in a corporation aggregate or sole. Thonins v. Dakin, 22 Wend. (N. Y.) l00.—Artiilcis.l watercourse. See Wsmsconsss.

ARTIFICIALLY. Technically: scientifically; using terms of art. A nili or contract is described as "artificially" drawn it it is couched in apt and technical phrases and exhibits a scientific arrangement

ARTISAN. One skilled in some kind of mechanical craft or art; a skilled mechanic. O'Clair v. Hale, 25 Misc. Rep. 31, 54 N. Y. Supp. 386; Amazon Irr. Co. v. Briesen, 1 Kan. App. 758, 41 Pac. L116.

ARURA. An old English law term, signifying a day's work in plowing.

ARVIL—SUPPER. A feast or entertainment made at a funeral in the north of England; arvil bread is bread delivered to the poor at funeral solemnities, and on-ii, arval-, or arful, the burial or funeral rites. Cowell.

As. Lat. In the Roman and civil law. A pound weight; and a coin originally weighing a pound, (called also “libro,-") divided into twelve parts, called "mu=l.'(e."

Any Integral sum, subject to division in certain proportions. Frequently applied in the civil law to inheritanc-es; the whole inheritance being termed “as." and its severai proportionate parts “.sc:rtuns," “q1Iru1rrms," etc. Burrill.

The term "as." and the multiples of its uncue, were also used to denote the rates of interest. 2 Bl. Comm. 462, note on.

{{anchor+|.|AS AGAINST; AS BETWEEN. These s rontinst the relative position of two ns, with a tacit reference to a different relationship between one of them and a third person. For instance, the temporary ivnilee of a chattel is entitled to it (L9 between himself and a stranger, or as ag(u'n.s‘1 Ii stranger; reference being marlc by this form of words to the rights of the bailor. Wharton.

{{anchor+|.|ASGEND. To go up; to pass up or up wards; to go or pass in the ascending line 4 Kent, Comm. 393, 397.

{{anchor+|.|ASCENDANTS. Persons with whom one is related in the ascending line: one's pal” ents, grandparents, great-grandparents, etc

{{anchor+|.|ASGENDIENTES. In Spanish law. Ascendants; ascending heirs; hElI'E in the ascendlng line. Schm. Civil Law, 250.

{{anchor+|.|ASCENT. Passage upwardo; the trans- mission of an estate from the ancestor to the heir in the ascending line. See 4 Kent, Comm. 393, 397.

{{anchor+|.|ASCERTAIN. To fix: to render certain or definite; to estimate and determine; to clear of doubt or obscurity. Brown v. Lyddy, 11 Hun, 456; Bunting v. Spcek. 41. Knn. 424 21 Pac 238, 3 L R. A. 690; Pughe v. Coleman (Tex. Civ. App.) 44 S. W. 578.

{{anchor+|.|ASGRIPTITIUS. In Roman law. A foreigner who had been registered and naturalized in the colony in which he resided. Cod. 11. 47.

{{anchor+|.|ASPECT. View; object: possibility. Implies the existence of alternatives. Used in the phrases “bill with a double aspect" and “contingency with a double aspect."

{{anchor+|.|ASPHYXIA. In medical jurisprudence. A morbid condition of swooning, snil'uCntion, or suspended animation. resulting in death if not relieved, produced by any serious interference with normal respiration (as, the inhalation of poisonous gases or too raritled air, choking, drowning, obstruction of the air passages, or paralysis of the respiratory muscles) with a consequent deficiency or ox; gen in the blood. See State V. Baldwin, 36 Kan. 1, 12 Pan 3%

{{anchor+|.|ASPORTATION. The removal of things from one place to another. The carrying away of goode; one of the circumstances requisite to constitute the offense of larceny. 4 Bl. Comm. 231. Wilson v. State. 21 Ma 1; State v. Higgins, 88 lilo 3-3-1; Rex v. Walsh, 1 Moody, Cr. Gas. 14, 15.

{{anchor+|.|ASPORTAVIT. He carried away. Sometimes used as a noun to denote a carrying

away. An “u.-;pnrta1:it of personal chattels." 2 ll. B1. 4. {{anchor+|.|ASSAGH. In old Welsh law. An oath

made by canlpurgalors. Brown.

{{anchor+|.|ASSART. In English law. The offense conunltted in the forest, by pulling up the trees by the roots that are thickets and coxerts for deer, and making the ground plain as arable land. It differs from waste. in that waste is the cutting down of coverts

which may grow again, vuhereas assnrt is