Page:Black's Law Dictionary (Second Edition).djvu/72

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AMBASSADOR

Ambassador is the commissioner who rep- resents one country in the seat of government 01 another. He is a public minister, which, usually, a consul is not. Brown.

Ainbassailor is a person sent by one sovereign to another, with authority, by letters ofbcredence, to treat on uttaiis of state. Ja- co .

AMBER, or AMBRA. In old English law. A measure 01 tour bushels

AIJBIJJEXTER. Shillful with both hands; one who plays on ‘both sides. Applied auclently to an atiorney who took pay from both siiles, and subsequently to a juror guilty of the same odense. Cowell.

Ambigna 1-esponolu contra pl‘ofel‘entem est acciplenda. An ambiguous snswer is to be taken against (is not to be cou- stnied in favor of) him who otters 1t. 10 Coke, 59.

Amhlg-uis canilms somper pl-aenumitur pro rage. In doubtful cases, the presumption alu ays is in behalf of the crown. Lottt, Append. 248.

AMBIGUITAS. Lat. From unimgwus,

doubtful, uncertain, obscure. Anihiiiuity: iincertainty of meaning. Anibigiiiias latcns, a latent ambiguity:

amln'_r/uilizs putcna, a patent ambiguity. See AMBIGUITY. Amliiguitas vehoz-um latens Verifi-

catione nuppletur: nom quad ex fncto oritur ambignum veriflcatione facti tollitin-. A intent ambiguity in the iangiiage may be removed by evidence: for whatever ambiguity arises from an extrinsic fact may

be explained “by extrinsic evidence. Bar. Max. lleg. 23. Aniliiguitan verborum patena nullfi.

vex-ificutione exolndltur. A patent l'ii.\'l- blguity cannot be cleared up by extrinsic evi- dence. Loftt. 249.

AMBIGUITY. Doubtfulness; donlileuess of meaning; indlstinctness or iin('ci't.iiiii_v of mezinin-,; of an ex|ire' ‘ion used in a Written instriinicnt Nlntlle V State Ii-ink. 13 Ncii. 245. 13 i\'. W ‘*7 . lflllnalrer v. Ellmakcr, 4 W-iits (Pa.) an Kroner v. Hiiscv. 5'.’ Cal. 209. 2-2 i':ic. 11.57; Word v. Epsy, 6 Iiuniph. (Tenn.) 4-17.

An ninbigiiiiy may be either iatcnt or patent. It is the former, where the langiinge employed is clear and intelligible and suggests but a single meaning. ‘but some extrinsic fact or extraneous evidence creates a necessity for Interpret-itlou or a choice among two or more possible meanings. But a patent ambiguity is that which appears on the face of the instrument, and arises from

64 AIBULATORY

the defective. obscure, or insensibie language used. Carter v. Holman, 60 Mo. 50-}: Brown v. Gnice, 46 Miss. 302; Stokeley v. Gordon, 8 i\Id. 505; Chambers v. Ringstatt, G9 Ala. 140: Hawkins v. Garland. 76 Va. 152, 44 Am. Iiep. 15S:_ Hand v. Hoffman. 8 N. J. Law. 71: ives v. Iiimi-all, 1 Mich. 313; Palmer V. Albee, 50 Iowa. 431; Pelrle v. Hamilton Col— ieire. 158 N. Y. 458. 53 N. E. 216.

_Synnnyms. Anibiguity of language is to be disLiug_uislied from nniuielligzihiiiry and inaccu- r-icy, ior words cannot be said to be ambiguous unless their signification seems (luuiitful and ucnertain to persons of competent skiil and hiinwi edge to I.iD(]t‘l‘S[al1_d them. Story, Contr. 272. _ ‘llie term “oniln.:uity“ does not include merr I7llZC(¢1li‘l1L'1I, or such uncertainty as arises from the use of_peciiliar words, or of common words in a peculiar sense. “'ig. Wills. 1T-'1. —_Amblgulty upon the faetum. Au mn- bigu_it_v in relation to the very foundation of the instrument itself, as d'isL'inL'ni~:lieil from an ambiguity in regard to the collsiriirtion of its terms. The term is applied, for instance, to ii dnnbt as to whether a tcsiator meant a particu- lnr clause to be a part of the will, or whether it was intrpdiicod with his knowletigze, or whether a mdiril was meant in 1'I‘[)I]l'iiiS]] a former wili, or whether the resiiluary clause was IC- ciiientally oisiiirn,-d. Eallierly v. I-Satlierly, i Cold. ['i"enn.) 461, 465, 78 Am. Dec. 499.

Ambiguum paetum contra venditox-em irite:-pr-etandnm eat. An ainbiguous contract is to be interpreted against the seller.

Amhlgnum placitum inter-pretari de- het contra pi-ofei-entem. Au iirnlilziioiis plea ought to be interpreted against the part) pleading it. Co. Litt. 303b.

AMBIT. A boundary line, as going around a pliice: on exterior or inciosing line or limit.

The ihnits or circumference of a power or jurisdiction; the line circumsciibing any sub- jert-matter.

AMBITUS. In the Roman law. A goiiig, around; a path worn by going around. A space of at least two and ahalt feet in width, betncen neighboring houses. left for the con- venii-uce of going around ihein. Calvin.

The procuiing of a public office by money‘ or gifts; the unlawful buying and selling of a public office. Inst. 4. 18, 11; Dig. 48, 1-1

Ambulatorin est volnntan defuneti usqne ad vitae snprernurn exitum. The “ill of a deceased person is nrniiuiatory until the latest uioiucut of life. Dig. 34, 4, 4.

AMBUIATORY. subject to change.

Ambiilutoria roiuntus (ii changeable will) denotes the power which a testator possesses of altcring his will during his life-thne. [lattersley v. Blssett, 50 N. J. Eq. 577, 25 M1. 332.

The court of king‘: bench in England was formerly called an “ambulatory court," because it followed the king's peison, and was

Movable; revocable: