Page:Black's Law Dictionary (Second Edition).djvu/57

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AFFRAY 49 AGARDER  

AFFRAY. In criminal law. The fighting of two or more persons in some public place to the terror of the people. Burton v. Conn. 60 S. W. 526, 22 Ky. Law Rep. 1315: Thompson v. State, 70 Ala. 26; State V. Allen. 11 N. C. 356.

It differs from a riot in not being premeditated: for if any persons meet together upon any Ianfnl or innnccnt occasion, and happen on_a snddt-n to engage in figiiling, Lhey are not guil- ty of a riot, but an nll'rny only: and in that case none are guilty except those actually an- Elb"‘l] in it. Hawk. P. C‘ bk. . c. 6.7. : 4

l. Comm. 146: 1 Rigss. Crimes. 27]: Su- prcnir (‘nuncii v. Gnrrizus. 10-1 Ind. 133. 3 N. 10. S18. 54 Am. Rev. -. _

if [no or more peisnns voinntaz-il_v or by agreement engage in any fight, or use any blows or violence towards each other in an angry or qnarrnlscmc manner, in any public place to the disturb-mce of others, they are guilty of an slTrs_V. nnd shaii be punished by imprisonment in the county jaii not exceeding thirty days, or by finc not exceeding one hundred doiiars. Rev. Code lawn 1880. 5 4065.

AITRECTAMENTUM. Afirelghtment: a contract for the hire of a vessel. From the Fr. fret, which, according to Cowell, uiennt tons or tonnage.

AFPREIGETMENT. A contract of ai- rreightmcnt is a contract with a ship—owner to hire his ship, or part or it, for the carriage of goods. Such a contract generally takes the form either or a charter-party or of a blil of lading. Maude & P. l\ier. Shipp. 227; Smith. Mere. Law. 295; Bramble V. Culincr. TS Fed. 501, 24 C. C A. 182; Auten v. Bennett. 88 App. Div. 15. 84 N. Y. Supp. 630.

in French law, treighting and aEtreizhting arc distinguished. The owner of a ship Ereiglits it, (Ic frcte,-) he is called the freighter, (f1('!(‘1l7‘,') he is the letter or lessor. (locatciir. lncutor.) The merchant attreights (affrele-) the ship, and is called the atitreighter (a]TrclLur;) he is the hirer, (lncalalrc, conductor) Emerig. Tr. des Ass. c. 11, § 3.

AETRETEMENT. Fr. In French law. The hiring of a vessel: a£t'reli:iitine11L Cali- en nlso izolisscrnent. Ord Mar. liv. 1, tit 2. art. 2: Id. liv. 3, tit. 1. art. 1.

AFFRI. in old English law. Plow cattle. bniloclcs or plow iiorscs. Affri, or izfri carimz; beasts of the piow. Speirnan.

AFORESAID. Before, or already said, mentioned, or recited; premised. Plowd. 67. [I'arcsizld is used in Scotch law.

Although the words “preceding” and " fore said" gt-ncr:illy mean next iiefore, and " - ni- ng" Lucuus nest after. yet a (liiferent signification vnli be given to them if requircil by the

context and the facts of the case. Simpson V. Robert, 35 Ga. 180.

AFORETHOUGHT. In criminal law. Deliberate; pianncd: preineditated; pre-

pense State v. Pen, 9 Honst. (Del.) 488, 33 Bl.Law Dict.(2d Ed.)—4

Atl. 257; E(]\\.l'l"(1S v. State, 25 Ark. -144; People v. Ah Choy. 1 Idaho .’.17; state V. Fislre, 63 Conn. 388, 28 Ati. ‘

AFTER. Later, succeeding, subsequent to, inferior in point of time or of priority or preference.

-—A£ter-acquired. Acquired after a particu- 1511' little or event. Thus, a j|lIi,.‘lI|€D.[ is a iicn on after-acquired realty. i. 2., [and acquired by the debtor after entry of the ]iuli:meuL llu.'hcs V. Huxhcs. 152 Pa. 590. 26 Ati. 101.—Aftcr- born. A statute making a will void as to after-born children means phvsiul liirtb, and is not uppiicnble to a child legitiniateti by the marriage of its n:u'en Apylenl of \IcCullnch. 113 Pa. 2-17, 6 All. 2 —After (late. “'hcu time is to be computed “aflcr" a certain dwte. it is meant that such dute should be excluded in the computation. Bigeiow v. \\ iison. 1 1 ck (Mass) 485; '1‘-i_\lnr T. JIf‘Oi)_V. 2 P1 St. :19 Croniclinn v. P-rink. 29 Pa. St. 5‘. Afte discovered. Discovered or made k own after a particular dnbe or evcnt.—After sight. This term as used in a bill payable so many days after sight, moans niter legui sight: that is. after icgai ]Jl't’SPntlll(‘lJt for acceptance. The mere fact of having seen tbc biil or known of its existcnce docs not constitute leg-il “sigbl:." Mitcbeli v. Degranrl, 17 Fell. Gas. -191.


AI"l.‘l-IRMATI-I. A second crop of grass mown in the same season: also the right to take such second crop. See 1 Chit. Gen. Pr. 181.

AITERNOON. This word has two senses. It may mean the whole time from noon to midnight: or it may mean the earlier part of that time, as distinguished from the evening. When used in a statute its meaning must he determined by the context and the circumstances of the suhject- matter. Reg. v. Knapp, 2 El. & B1. 451

AGAINST. Adverse to: contrary; opposed to; without the consent or; in co tact with. State v. Metzizer, 26 Kan. 39. James v. Bank, 12 R. I. 460: Seaiiright V. Scabright. 28 W. Va. 405; State v. Prather, 54 Ind. 63.

—Against the form at the statute. When the act complained of is prohibited by a stat- ntr. those technical words must be used in an indiclmcnt under it The Lntin phrase is cantra [ormizm staluti. State v. Murphy. 15 R. I. 543. 10 Ari. 5S5.—Against the peace. A technical phr-use used in ail:-aim: a breach of the power. See CONTRA PA('[]llI. State v. Tit- helts. 86 Me. 1S9, 29 At]. 9T0.—Agn.inet the will. T1-clinical words which must be nserl in framing an indicti.neu.t for rubbnrv from _lhe person, rnpe and some other cifenses. Witlitakcr v. Slate. 50 “is. 521. 7 N. W. -13!. A . Si‘. Rep. 856: Com. . . 3i 7 Am. Rep. 531; Beyer v. People, % N. Y. 309.

AGALMA. Au impression or image of nnything on a seal. Cowell.


<1 E’ .. -i r P E5 on 1.‘ P

AGARD. L. Fr. An award. Nul fail.‘ agtvrd; no awnrd made.

AGAEDER. or deter-mine ;

L. Fr. To award. adjudge, to sentence, or condemn.

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