Page:Black's Law Dictionary (Second Edition).djvu/54

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ESTIMATIO OAPITIS 46 born. Spelman: Glanv. lib. 7, c. 3; Fleta, l.ih.?.c.6G.§§5. 6.

IESTIMATIO CAPITIS. In Saxon law. The estimation or vaiuntion of the head; the price or value or a man. By the laws of Atheist-in, the life or every man not excepting that of the king himself, was estimated nta certain price, which was called the were, or Lia.»-timatio capitis. Cr-nhh, Eng. Law, C. 4.

II-Istimatio prmteriti delicti ex post- remo faeto nunquam creseit. The weight or a past offense is never increased by a sub- sequent fact. Bacon.

IETAS. Lat In the civil law. Age.

-1!-Stag infantine pi-oxima. The age next to infancy; the first half of the peiiod of chim- hood. [puoriti'u.,) extending: from seven years to ten and a half. Inst. 3. 20. 9; -1 Bl. Comm. 22. —Etns legitima. Lawful age; the age of

‘ five. Dig. 3. 5. 2?, pr.: id. 26, 2. 32. , . 7, 1, pr.—II-Itas erfecta. Complete ug fuii ago: the age 0 twenty-five. Dig. 4, 4. 32: Id. 2'2. 3. 2'5. ].—.Eta.5 prints. The firsr age: infanrv, (infaati'u.) God. (3, G1, 8, 3. —.Eta.s pilbertnti proxinin. The age next the last half of the period of child- . cxtciidin from ten years and

2i)halE to fourteen. Inst. , 20, 9; 4 Bl. C-omm


ETATE PROBANDA. A Writ which inquired whether the king's tenant holding in chief by chivairywas of full age to receive his lands. It mis directed to the esc-heater ot the county. Now disused.

IETHELING. In Saxon law. generally a prince of the blood.

A noble:

AFFAIRS. A person's concerns in trade or property; business. Montgomery v. Com.. 91 Pa. 133: Brag-.iw v. Bulles, 51 N. J. E11. 84, 25 At]. 947.

AFFECT. To net upon; influence; change; enlarge or abridge. This word is often used in the sense of acting lnjuriolisly upon persons and things. Ryan v. Carter, 93 U. S. 84, 23 L. Ed. 807; Tyler v. Wells, 2 Mo. App. 538; Holland v. Dickcison, 41 Iowa, 373; United States v. Ortega, 11 Wheat. 467. 6 L. Ed. 521.

Aifectio tun nlunen imponit ope:-1 tuo. Your disposition (or intention) giics name (or character) to your work or act. Br-act. fol. 213. 10113.

AFFECTION. The making over, pawning, or mortgiiging R thing to assui'e the pay- ment of a sum of money, or the discharge of some other duty or soriice. Ci-abb. Techno]. Dict.

APFECTUS. Disposition; intention, impulse or affection of the mind. One of the causes for a challenge of a juror is prapter


afioctum, on account of a suspicion of bias or favor. 3 Bl. Comm. 363: C0. Lltt. 156.

Aifectnii punitnr lieet non sequatur effectus. The intention is punished althongh the intended result does not follow. 9 Coke, 55.

AFFEER. fix in amount

To affcer an mncrceme-at. To establish the amount which one amerced in a conrt- leet should pay.

To affter an izmoimt.

To assess, liquidate. appraise,

To confirm it on

oath in the exchequer. Cowell: Blonnt: Spelman. AITEERORS. Persons who, in court

leets, upon oatii. settle and moderate the fines and amerceiuents imposed on those who have committed offenses arbitrarily punishable, or that have no express penaity appointed by statute They are also appointed to moder- ate fines, etc., in courts-baron. Cowell.

AFFERMER. L. Fr. To let to farm Also to make sure, to establish or confirm. Kellmm.

AFFIANGE. A piighting of troth between man and woman. Litt. § 39. An agreement by which a man or womaii promise each other that they will marry together. PoLh. Traité (lu Mar. 11. 24.

AITIANT. The person who makes and subscribes an afiidavit. The word is used in this sense. interchangeably with “depo- nent" But the latter term should be reserved as the designation of one who makes a deposition.

AITIDARE. To swear faith to; to pledge one's faith or do fealty by making oath. Cuwell.

APPIDARI. To he mustered and en-

rolled for soldiers upon an oath of fidelity.

AFFIDATIO. A swearing of the oath of fidelity or of fealty to one's lord_ under whose protection the quasi-vassni has voluntarily come. Brown.

AFFIDATIO DOMINORUM. taken by the lords in pal-l.iau.icul:.

An oath

AFPIDATUS. One who is not a vassal. hnt who for the sake of protection has tonnected htinseir with one more powerfui. Spelman; 2 Bl. Comm. 4G.

AFFIDAVIT. A written or printed dec- laration or statement of facts. maile \0luntarily, and confirmed by the oath or affirmation of the party lllflkillg it, taken before an ofilcei‘ having authority to administer such

oath. Cox v. Stern, 170 111. 442, 48 N. E.