Page:Black's Law Dictionary (Second Edition).djvu/113

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AUCTIONEER

sell: at auction. Crandnll v. State. 28 Ohio R. 481; Williams v. Milllngton. 1 I1. Bl. H: Russell v. Miner, 5 Luns. ( . Y.) 539.

clnnianv-rs dli"!' from brolrcrs. in that _the Inner mu 1- U4 buy and sell. \'.bL-rcas unchan- IIII ouu rmly sail: also brokers may sell by ‘Mia muxro,t only, and anctionc-rs by pub- ]: ‘MI‘iH]. -.x.iy Auctioneers can 0 sell -5; rm: sun-‘Iv mnncy, but iuctorsl mnv s i up-

on «bill. ‘riinfa v. Ellis, 2 II. B . . Stew- ufi v. '\'\'II1tcrn. 4 Sandi’. Ch. (N. Y.) mo.

AUCTOR. In the Roman law. All a netiuneer.

In the civil law. A grantor or vendor or ‘.1, ,;ind.

In aid French law. A plaintiii. Keliltl.

AU(7l‘0RI'l.‘A5. In the civil law. Authority.

In aid European law. A diploma. or rcsal -rlinrrer. A “urd frequently used by flngary of Tours and later writers. Spel- IIIII.

Auutox-itatel philonoplmx-um, medicarlun. et poetarnm, aunt in causil alle- gandz et: tenendse. The opinions of phil- Iml-hers. physicians, and poets are to he ullzwd and received in causes. Co. Litt. an

Aucupia verbox-uzn aunt judice indigna. Catching at words is unworthy of 11 Judy Hob. 343.

Audi altex-am pa:-tam. Hear the other sirhr, henr both sides. No man should be muiunucd unheard. Broom. Max. 113. See I. R. ET’. I" 106.

AUDIENCE. In international law. A hunting; interview with the sovereign. The ling or other chief executive of a country punt: an audience to a foreign minister who mun-s to him iiniv accredited: and, after the III]! of a minister, an “audience of leave" nflylu-ux'ily is accorded to him.

AUDIENCE COURT. In English law. i Hzlrl bcionging to the Archbishop of Can- i-.-.r'~v'3", having jurisdiction of matters of for. n:l:.', as the confirmation of bishops, and mu like This court i]'lS the same au- ilwflly with the Court of Arches, but is of nmmxr -Zlrnity and antiquity. The Dean of III! Mum»! is the official auditor of the Audione «rut. The Ax-chhishop of York has nu hi: Audience court.

AUDIENDO ET TERMINANDO. A 1;‘! or ('OlllllliS5i0fi to certain persons to apps): and punish any insurrection or grant nit. Fltzh. Nat. Brev. 1.10.

AUDIT. As a verb; to make an official inouitgation and examination or accounts and vouchers.

.-is a noun; the process of auditing accounts; the hcaring and investigation had

105

AULA

before an auditor. People v. Green, 5 Daly (N. Y.) 200; Maddox v. Randolph County. 65 Ga. 218; liachias River Co. v. Po , 35 Me. 2‘ Cobb County v. .‘\d:1l.ns_ us Ga. :11- Clement V Leuiston, 97 Me. 9‘, ): .-iii People v. Barnes. 114 N. I. 317. .30 .‘~.'. E. 609; In re Clark. 5 Fed. Cas S1.

AUDITA QUERELA. The name of a writ constituting the initial prone-» in an action brought by a judgment defemlmt to oh- tain relief against the CUA.ISl‘1]|]l.£|.|Ltb of the Judgment, on nccount of some mutter of (lefeuse or discharge, arising since its rendition and which could not be taken advanmge of otlierw" . Flrs v. W|ihn1n. 9 Ailen Glass.) 57 Longworth v. Scre\en. 2 Hill (S. C.) 2.98. 27 Am. Dec. 381; i\i('L(‘.'lll V. Bindley, 114 Pa. 559. 8 Atl. 1; Wet-more v. Law, 34 Barb. (N. Y.) 517: Manning V. I'hi_i1ips, 65 Ga. 550: Collin v. liner. 5 .\ietc. (Mass) 228: Gleason v. Peck. 12 Vt. 56, 3 Am Dec 329.

AUDITOR. A public nflicer whose function is to examine and pass upon the accounts and vouchers of officers who haie received and expended public money by lawful authority.

In practice. An officer (or officers) of the court, assigned to state the items or debit and credit between the parties in a suit where accounts are in question, and exhibit: the balance. Whitweil v. Willard. I Metc. (Mass) 218.

In English law. An officer or agent of

the crown, or of a private individual, or corporation, who examines periodically the accounts of under officcrs, tennnts, steunrds. or bnillfis, and reports the state of their accounts to his principal. —-Auditor of the receipts. An offics-r of the English exchequer. 4 inst. 107.—AnrliI.ox‘s of the imprest. 0iii(1’i‘S in the ElJ',1il’7'l ex- CilE'!‘ll(4'. nlm fnrrneriy had the charge of auditin}: the accounts of the customs. nnral nnd IlJlii- [my expenses. etc.. now perfurmrd by liiP (um- missioners for auditing public accounts.

AUGMENTATION. The increase of the Crown's ievniiiws from the suppression of religious houses and the l:1p[1l'O]1l'i!It‘IoLl of their lands and revenues.

Also the name of a court (now nhnlishorl) erected 27 Hen. VIIL, to determine suits and controi ersies relating to monasteries and abbey-lands.

Augusta legilms solnta non est. The empress or queen is not pri\'iie;:ed or ex- empted from subjection to the laws. 1 Bl. Comm. 219: Dis. 1. 3, 3L

AULA. In old English law. A hall, or court: the court of a baron, or manor; a court baron. Spehnan.

—AuI.a ecclesise. A nave or body of a church wlirre tpnmoral courts were anciently held.-

regis. The chief court of England in