Page:Black's Law Dictionary (Second Edition).djvu/56

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AFFIRMANCE 48 pellate court or a judgment, order, or decree of a lower court brought before it for review. See AETIBM.

A dismissal of an nppeul for want of prosecution is not an “al1ii'mance" of the judgment. Druinmond v. Hussun, 14 N. Y.

The ratification or confirmation of a voidable or act by the party who is to be hound lzhereby.

The term is in accuracy to be distinguished from ruti/ltutimi, which is a recognition of the validity or binding force as iigainst the party riitifying, of some not performed by another person; nnd from. cunfirni-u-tian, which would set-iii to apply niure properly to ses uliere B. doubtful authority has been exci'c' y other in bcluilf of the peison riitifying; these distinctions are not generally observed wl much care. Bouvler.

APPIRIVIANCE DAY GENERAL. In the Eiighsh court of exchequer, is it day appointed by the judges of the common pleas, and bai-oiis of the exchequer, to be held a few days after the beginning of every term [or the general ulfirmnnce or reversal of judgmcnts. 2 Tldd, Pr. 1091.

AFPIRMANT. A person who testlfies on aflii-m.ition, or who flIhl‘D.lS instead of taking an oath. See AFFIEMATION. Used in ani- daiits and depositions which are eflirnicd. instead of sworn to in place of the word “deponent"

Amunnntis est probate. He Who at- firms must prove. Porter v. Stevens 9 Cush. (Mass.) 535.

Afiirmantl, non neganti incnmblt pro- hatio. The [burden 01'] proof lies upon him who nlfirins, not upon one who denies. Steph. 1'1. 8-1.

AFFIRMATION. In practice. A solemn and formnl declaration or asst-\ oration that an :1l'lld21vlt is true. that the witness will tell the truth. etc.. this being substituted for an oath in certain cases.

A solemn religious asseveration in the nature of an oath. 1 Greenl. Ev. § 371.

AFFIRMATIVE. That which declares positively; that which nvers a fact to be true; that which establishes; the opposite of negative.

The party who. upon the allegations of pleadings joining issue. is under the obligation of niaking proof. in the first instance, of matters iilicced. is sold to hold the ulliimatire. or. in other words, to sustain the burden of proof. Abbott.

As to afllrmatlve “D:images," “Wurr:intles," see those titles.

—Afliri-native defense. In code pleading. New matter constituting a defense; new matter which, asslinnug the complaint to be true. constitutes u defense to it. Carter v. Eighth Ward Bank. 33 Misc. R913. 7 Y. Supp. 3 finnntive pregnnn . in pleading. An alfirmutive allegation implying some nega-


AFFRANCHISE. tlve in favor of the adverse p11rLv. Fields V. State. 13-1 Ind. 46. 32 N. E. 7S0.—Aflii-matlve

relief. llelief, benefit, or compensation which may be granted to the defendant in i1 judgment or decree in accordance with the facts estab- lished in his favor; such as may properly be given within the issues made by the pleadings or according to the legal or equitable lights of the parties as established by the evidence. Garner v. Hannah, 6 Duel‘ (N. Y.) '.’Ai‘L—A$1'iua.- tlve statute. In legislation A statute culmined in iiflirmiitlve or mandatory terms; one which directs the doing at an act, or declares what shall be flunc: as a vwgutlvr-. statute is one which prohibits a thing from being done, or declares uliat shall not be done. Blackstone describes alfirinntluz nets of parliament as those “wherein justice is directed to be done oceaniing to the law of the land." 1 Bi C

‘um. 14?.

AFFIX. To fix or fiisten upon. to attach to, inscribe, or impress uiion, as u signature.

1 seal, :1 ti-adeiiiarh. Pen. Code N. Y. §

361. To ntt.iL-h, add to, or fasten upon, permrineiitly, as in the case of fixtures unnexed to real estate.

A thing is deemed to be alfixed to land when it is utluthed to it by the roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanent- ly resting upon it, as in the case of buildings; or permanently attached to what is thus penniincnt. us by means of cement plaster, nails. bolts, or screws. Civ. Code Cal. § Pith);

' . 1S-9.1, § 1 ' M N nully, 70 Cal. 3, 11 File. _ . Millei v. dingha.ui (Cal.) 25 Pac, ass. 11 L. 1:. A.

AITIXUS. In the civil la'W. Afiixed. fix- ed, or fastened to.


AITORARE. To set a price or value on a thing. Biount.

AFFORATUS. things vendllyle in a niarltet.

Appraised or valued, as Blount

AFFORCE. To add to: to Increase; strengthen; to add force to.

—Afi*‘o1-ce the nssiie. In aid English practice. A method of securing a \-\-i-diet. “here the jury disagreed, by adding other jurors to the panel until twelve could be found ubo ucrc unanimous in their opinion Bract fol. 1S5b, flea; Fleta. Lib. 4. c. 9, § 2; 2 Reeve. llist. Eng. Liiw, 207.


AFFORCIAMENTUM. In old English law. A fortress or stronghold, or other forti- fication. Cowell.

The Calling of a court upon a solemn or extl‘ll01‘1iiL\:‘ll‘_V occasion. Id.

AFFOREST. To convert land into I1 forest in the legal sense of the word.

AZFPOUAGE.}} In French law. Therlglit of the lnhhhitants of a commune or section of a commune to take from the forest the fire-wood which is necessary for their use. Duverger.


L. Fr. To set free.

AITRANCHISE. To Liberate; to inake