Page:Black's Law Dictionary (Second Edition).djvu/80

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ANNUAL
72
ANOYSANCE

tain whether the standard fineness and weight of the coinage is maintained. See Rev. St. U. S. § 3547 (U. S. Comp. St. 1901. p. 2370).—Annual income. Annual income is annual receipts from property. Income means that which comes in or is received from any business, or investment of capital, without reference to the outgoing expenditures. Betts v. Betts, 4 Abb. N. C. (N. Y.) 400.—Annual pension. In Scotch law. A yearly profit or rent.—Annual rent. In Scotch law. Yearly interest on a loan of money.—Annual value. The net yearly income from a given piece of property; its fair rental value for one-year, deducting costs and expenses: the value of its use for a year.


ANNUALLY. The meaning of this term. as applied to interest. is not an undertaking to pay interest at the end of one year only, but to pa; interest at the end of each and every year during a period of time, either tixed or contingent. Spai'ha\\~h v. Wiils, 6 Gray (.\lass.) Elli}: I'atteisnn v. l\IcNeeley, ll} Ohio St. 3&8; Westheid v. Westheid, 19 S. C. Si).

ANNUITANT. The recipient of an annuity; one who is entitied to an annuity.

ANNUITIES DI‘ TIENDS. In Scotch law. Annuities of tithes; 1029. out of the boli of tiend wheat, 8s. out of the boil of beer, less out of the boil of rye, oats, and pens, allowed to the crown yearly of the tiends not paid to the hlshous, or set apart for other pious uses.

ANNUITY. A yearly sum stipulated to be paid to another in fee, or for life, or years, and chargeable only on the person or the grantur. Co. Litt. 14411.

An annuity is different from u rent-charge. with \\l.|lCh it is soinethnes confounded, the annuity being chargeable on the person mere- ly, and so far peisonaity: while a rent—c.harge is something reserved out of realty, or fixed as a burden upon an estate in land. 2 BL Comm. 40: lioiie, Abr. 2.26; Horton v. Cook, 10 Watts (Pn.) 127, 36 Am. Dec. 101.

The contract of aimuim is that by which one paity delivers to another a sum of money, and agrees not to reclaim it so long as the receiver pays the rent agreed upon. This an- unity may be eitber perpetual or for life. Civ. Code Ln. arm; 2793, 2794.

The name of an action, now disused, (L. Lat. brc-re de minim rcddi'tu,) which lay for the recovery of an annuity. keg. Orig. 15Sb; Bi-act. fol. 203b,‘ 1 Tldd, Pr. 3.

ANNUITY-TAX. An impost levied annu.illy in Scotland for the inaiuteininee of the niinisteis of religion.

1-LNNUL. To cancel; make void; destroy. To annui a judgiuent or judicial proceeding is to deprive it of all force and operation. either ab initio or piosiiectlveiy as to future lZl‘dliSil(:l}lOn§. Wall‘ v. Walt, al Barb. (N. Y.) 205: Woodson v. Skinner, 22 Mo. 2-}; In re Morrow's Estate, 20-l Pa. -184. 5-1 Ati. 3-12.

ANNULUS. Lat. In old English law. A ring; the ring of a door. Per huspam uel aimulum hasiii‘ €$tE’i‘t'0l'1'.8,' by the hnsp or ring of the outer door. Fieta, lib. 3, c. 15,

E 5. ANNULUS ET BACULUS. (Lat. ring and staff.) The iuvestiture of a bishop vias

per aim-ulum et baculum, by the prince's de- livering to the prelate a ring and pastoral staff, or crozier. 1 Bl. Comm. 378; Speimnn.

ANNUS. Lat. In civil and old English law. A year; the period of three hundred and sixty-five days. Dig. 40, 7. 4, 5; U.iivi_u.; Bract. fol. 3591:.

——.AnnuI _deI.ib_era.ndi. In Sculch law. A year of deliberating; a year to i.i<.iibt-rate. The year allowed by law lo the bear in deliberate whether he iuil enter and relnvsciit his ancestor. It muiinences on the dcaili of the ancestor, unless in the case of u posthumous heir, when the year runs from bis birth. i’.tli.—Annus, dies, et vastum. ln old English law. Sear. day, and uaste. See YEAH, Dar, AID W/usTE.—A.nnus at dies. A year and a day. —Annns luctns. ’lhe year of inoiirning. It was a rule among the ltonians, and also the Dancs and Saxons, that widows sliuuld not many infra qiinimi luctaa, (within the year of mourning.) Code 0. 9. 2: 1 i. Comm. 457. -—Annus utilis. A year made up of available or serviceable days. Brissonius; Calvin. In the plum], mini mites signifies the years during “high a right can be esemised or a preseiiplion grow.

Aznius est more motul qun luum planets. pervnlvat oirculum. A year is the du- ration of the motion by which a planet re- volves through its orbit. Dig. 40, 7, 4, 5; Cal:-in.; Bract. 35912.

Annus inceptus pro complete liahetur. A year begun is held as completed. Tray. Lat. Max. 45.

ANNUUS REDITUS. A yearly rent; annuity. 2 Bl. Comm. 41; Reg. Orig. 1381».

ANDIVULLOUS. Irregular; exceptional; unusual: not conforniing to rule. method. or type.

—Anomalouii indorrer. A stranger to 3 note, who iJ...(lDlSeS it after its execution and de- livery but before maturity, and before it has been indorsed by the payee. liuck v. Ilutehins, 45 l\[inn. 270. 47 N SJ8.—A.nnrna.luus plea. One which is partly affirmotive and partly negative. Baldwin v. Elizabeth. -12 N. J.

‘ Ati. 275; Potts v. Pours (N. J. Ch)

5.

Lu. ]_1, (3 Q All. 10 u

ANDN., A.N., A. Abbreriations for anony- nious. ANONYMOUS. Nameless; wanting 3

name or names. A publication, withholding the name of the author, is said to be anony- mous. Cases are sometimes reported anony- mously, L 2., without giving the names or the parties. Abbreviated to "Anon."

ANOYSANCE. Cowell; Kelhsin.

Ainioyance; nuisance.