Page:Black's Law Dictionary (Second Edition).djvu/73

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AMBULATORY

hold sometimes in one place and sometimes in another. So, in France, the supreme court or parliament was originally ambulatory. 3 iii L-on l.\'i. '.‘*, 39, 41.

The return of a sheriff has been said to be ambulatory until it is filed. Wilmot, 1., 3 Burr. 1644.

AMBUSH. The uoun “ambush" means (it L111: xlrl of attaching an enemy unexpect- ctily ironi a Lunu-.-‘.1iL‘(1 station; (2) a conceal- ed station, where troops or enemies lie in wait to atta-1' by surprise, an ambuscade; (3) troops posted in a concealed place for attacking by surprise. The verb “ambus " means to lie‘ in wait, to surprise, to place in ambush. Dale County v. Gunter. 46 Ala. 142.

AMI-JLIDRATIDNS. Betterments; proienients. 6 Low. (‘an. 294: 9 Id. 603.

Im-

AMENABLE. Subject to answer to the .a'\v: acconntibie; responsible: liable to pun- ishineut. Miiler v. C0in.. 1 Duv. (Ky.) 17.

.\iso means tractable. that may be easily ieui or governed: formerly applied to a wife who is governahie by her husband. Cowell.

to make better See ALTER.

AMEND. To improve; by change or modification,

AMENDE HONORABLE. In old English law. A penalty imposed uponaperson hy way of disgrace or infamy, as a punish- ment for any offense, or for- the purpose of making reparation for any injury done to an- other, as the walking into church in a white sheet, with a rope about the neck and a torch in the hand, aud begging the pardon of God, or the king, or any private individual, for some delinquency. Bourier.

In French law. A species of punish- ment to which offenders against public decency or morality were anciently condemned.

AMENDMENT. In practice. The CD1‘- rection of an error committed in any procuvs. pleading, or proceeding at law, or in eq- uity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pend- lntt. 3 Bl. Comm. 407, 4-18' 1 Tidd, Pr. 696. I-lurdin v. Boyd. 113 U. S. T 6, 5 Sup. Ct 771, 28 L. Ed. 1141.

Any writing made or proposed as an im- [)l‘(l\El.|Jlll[ of some principal writing.

In legislation. A modification or alteration prop-‘sed to be made in a bill on its passage, or an v,~wcted law: also such modificatlm or change when made. Brake v. Calli- Iin (C. (‘l 122 Ft-d. 722.

AMENDS. A satisfaction given by a wrnngtlner to the party injured, for a wrong taninitnzd. 1 Lil Reg. 81.

Bl.Law Dict.(2d Ed.)—5

65

AMERICAN CLAUSE

AMENITY. In real property law. Such circumstances, in regard to situatior. mit- look. access to a -water-course, or the lilac, as enhance the pieasunrness or desirability of an estate for purposes of residence, or contribute to the pleasure and enjoyment of ‘the occupants, rather than to their indispensable needs. In England, upon the building of a railway or the construction of other public works, “amenity damags" may be given for the defacenient of pleasure grounds, the impaii ment of riparian rights, or other destruction of or injury to the amenities of the estate.

in the law of easements, an “amenity" consists in restraining the owner from doing that with and on his property which, but for the grant or covenant, he might lawfully have done; sometimes called a "negative easement" as distinguished from that class of easements which compel the owner to suffer something to be done on his property by another. Equitable Life Assur. Soc v. Brennan (Sup.) 24 N. Y. Supp. 788.

AMENTIA. Insanity; idiocy.

In medical jurisprudence. "See lnsamrr.

AMERALIUS. L. Lat. A naval com- m-antler, under the eastern Roman empire, but not of the highest rank; the origin, according to Speiman, of the modern title and office of admiral. Speiman.

AMERGE. To impose an anierceinent or fine; to punish by a fine or penalty.

AMERGEMENT. A pecuniary penalty, in the nature of a fine, imposed upon a person for some fault or misconduct, he being “in mercy" for his offense. It was assessed by the peers of the delinquent, or the arfcerors, or imposed arbitrarily at the discre tion of the court or the lord Goodyear v. Sawyer (C. C.) 17 Fed. 9.

The difference between awwrcemntts and fines is as follows: The latter are certain, and are created by some statute; they can only he imposed and assessed by courts of record; the former are arbitrarily imposed by courts not of record, as courts-leet. Tet-mes de la Ley. 40.

The word “amercement" has long been especially used of a muict or penalty, imposed by a court upon its own oliicers for neglect of duty, or failure to pay over moneys collected. In particular, the remedy against a sheriff for falling to levy an execution or make return of proceeds of sale is, in several of the states, known as “amer(-eiuent." In others. the same result is reached by process of attachment. Abbott. Stansbnry v. Mfg. Co., E N. J. Law, 441.

AMERICAN CLAUSE. Xn marine i.nsurunce. A proviso in a policy to the cm-:t that, in case of any subsequent insurance,

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