Page:Black's Law Dictionary (Second Edition).djvu/62

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AGRI 64

AGRI. Arable lands in common fields.

AGRI LIMITATI. In Roman law. Lands belonging to the state by right of conquest, and granted or sold in plots. Sandars, Just. Inst. (5th Ed.) 98.

In modern civil law. Lands whose boundaries are strictly limited by the iines or government surveys. Hardin v. Jordan, 140 U. S. 371, 11 Sup. Ct. 808. 35 L. Ed. 428.

AGRICULTURAL LII-IN. A Statutory lien In some states to secure money or supplies advanced to an agriculturist to be expended or employed In the making or a crop and attaching to that crop only. (Jlark v. Farrar, 74 N. C. G86, G90.

AGRICUITIIRE. The science or art of cnltiiating the ground, especially In fields or large areas. including the tillage of the soil, the planting of seeds, the raising and har- \ esting of crops, and the rearing of live stock. Dillard v. Webb. 55 Ala. 47 . And see Bin- zei v. Grogan. 67 Wis 1-17, 29 N. W. 89 Sinions v. Lovell, 7 Heisk. Springer v. Lawis, 22 Pa. 191.

A person actually engaged in the “sdence of agriculture" (within the meaning of a statute giving him special exemptions) is one who _de- rives the support of himself and his family, in whole or in part. from the Ii_iIage and cn_lti- uition of fields. lie must cultivate something more than a garden, althoiigli it may be much less than a farm. If t.he area cultivated can be called a fit-ld. it is ngiicnltnre, as well In contemplation of law as in the etvmoiogy of the win And if this condition be fulfilled, the uniting of any other business. not inconsistent with the puisuit of agriculture. does not_toke away the protection of the statute. Springer v. Lewis, 22 Pa. 193.

AGUSADURA. In ancient customs, a fee, due from the vassals to their lord for sharpening their pinning tackle.

AHTEID. In old European law. A kind of oath among the Bavarians. Spelnmn. In Saxon law. One bound by oiith. q. d. "oath- tied." I-‘rum aili. oath, and tint. Id.

AID, E). To support. heip, or assist. This word must be distinguished from its s_\no- nym "encourage." the diiference being that the former connotes active support and ussistiince, while the hitter does not; and also from "abet," niiich last word Lmports nec- essary criminality in the act furthered, while “aid," stundmg alone, does not. See ABIST.

AID AND ABET. In criminal law. That kind of connection with the commission of a crime which. at common law, rendered the person guilty as a piiucipal in the second degree. It consisted in being present at the time and place, and doing some act to render aid to the actual perpetrator of the crhne, though without taking a direct share In its commission. See 4 I51. IC'omm. 34; Peo-

AIELESSE

pie v. Dole. 122 Cal. 486, 55 Pac. 581. 68 Am. St. Rep. 5 state v. Tally, 102 Ala. 25. 15 South. 7 , State v. Jones, 115 Iowa, 113, 38 N. W’. 196; State v. Cox. 65 Mo. 29, 33.

AID AND COMFORT. Help; support; assistance; counsel; encouragement.

As an element in the crime of treason, the giving of “aid and comfort" to the enemy may consist in a mere attempt. It is not essential to constitute the giving of aid and comfort that the enterprise commenced should be successful and actually tender assistance. Young v. United States, 97 U. B. 62, 24. L. Ed. 992: U. S. v. Grcathouse, 4 Savvy. 472, Fed. Cas. No. 15,254.

AID OF THE KING. The king's tenant piiiys this, when rent is demanded of him hy others.

AID PRAYER. In English piactice. A proceeding toriiierly made use of, by Way of petition in court, playing in aid of the tenant for life, etc.. from the rerersioner or re- niiiiuder-nian, when the title to the i.nherit- ance Was in question. It was :1 plea in suspension of the action. 3 Bl. Comm. 300.

AIDER BY VERDICT. The heilling or remission, by a verdict rendered, of a defect or error in pleading which might have been objected to before verdict.

The pi-esuniption of the proof of all facts necessary to the verdict as it stands, coming to the .lid of a record ui which such facts are not distinctly alleged.

AIDS. In i'cud.il law, originally mere henevolenccs granted by a tenant to his lord, in times or distress; but at length the lords claimed them as or right. They were pricnipally three: (1) To ransom the lord's person, if talten prisoner; (2!) to make the lord's eldest son and heir apparent a knight; (5) to give a suitable portion to the lord's eldest daughter on her marriage. Abollshed by 12 Cal‘. II. C. 2-1.

Ais , extraordinary grants to the crown

by the house of commons, and which were the origin of the modern system of taxation. 2 Bl. Comm. 63. 61. —Reasonable aid. A duty claimed by the lord of the fee of his tenants. holding by knight service, to marry his daughter. etc; CowelL

A11-IL. Aieul, Aile, Ayle. grand.l'ather.

A writ which ileth where the grandfather was seiscd in his demesne as or fee of any lands or tenenients in fee-simple the day that he died, and a stranger ahateth or entereth the same day and disposscsseth the heir. l<‘itzh. Nat. Brev. 232: Spelman; Termes de la Ley; 3 Bl. Comm. 1S6.

L.Fr.A

A1]-JLESSE. A Norman French term signirying “grandmother." Kelhiiin.