Page:Black's Law Dictionary (Second Edition).djvu/81

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ANSEL

ANSEL. ANSUL, or AUNCEL. In old English law. An ancient mode of weighing by hanging scales or hooks at either end of a beam or staff, which, being lifted with one's finger or hand by the middle, showed the equality or difference between the weight at one end and the thing weighed at the other. Termes de la Ley. 66.

ANSWER. In pleading. Any pleading sctuug up inattcis of fact by way of defense. In cliaiicery pleading, the term denotes a defense in Writuig, made by :1 defendant to the allegations contained in a bill or information filed by the plaintiff against him.

In pleading. under t.Iie Codes of Civil Procedure the answer is the formal written stiitt-Lncut made by 11 defendant setting forth the grounds of his defense; corresponding to what, In actions under the common-law practiic, is called the “plai."

In Massachusetts, the term denotes the Et1ItElIlBI.It of the matter intended to be relied upon by the defendant in a\ oiilance of the plaintiffs action, taking the place of special plus in bar, and the general Issue. except in mi] and mixed actions. Pub. St. Mass. 1882, p. l2S'i'.

In matrimonial suits in the (English) proluite, divorce, and uthuiralty division, an unswer is the pleading by which the respond- cut puts forward his defense to the petition. liroivue. Div. 223.

lliuler the old admiralty practice in England, the defend.-int‘s first pleading was called his "ans\'\'er." Wil1lams & B. Adm. Jul‘. 246.

In practice. A reply to interrogatories: iin nifidavit in answer to l.ntci1'o.<zatories. The declaration of a fact by a witness after a question has been pllt. risking for it

As a verb, the word denotes an assumption of liability, as to "answer" for the debt or default of another.

—Vo1untnry answer, in the priictice of the court uf ciiiin('ei'y. \\:is an nnswcr put in by n dob ii.-int, nbc the plaintiff had filed no inter-

rl-_-flllorics which required to be £l.lJSIVeI'ed. Hiiul, Eq.

ANTAPOCHA. In the Roman lnrv. A transcript or counterpart of the instrument called “npocIin.." signed by the debtor and dciirored to the crcdjtor. Calvin.

ANTE. Lat. Before. Usually employed in old pleadings as 9.X'[JIP<'iII'e of time, as pro’ (liilai-ei was of place, and co:-am (before) of peisuii. Towrish. PI. 22.

Orrurrlng in a report or a text-book. it is used to refer the reader to 1] previous part of the hook.

—Ante exliibitionaxn billae. Before the ex- hilulinn of the hill. "-s-fore suit bc_iziin.—Antefnctnm or ante-gestiun. Done befoic. A Roman law term for a previous act, or thing dupe bi-l'ore.—AJite litern rnotnm. BL-fore suit brought-. before controversy instituted.- Ante nntnu. Born before. A person born he- lore another person or before a particular event. The term is particularly applied to one born in n

73

ANTICHRESIS

country before I] revoliition. change of government or dynasty, or other political event, such that the question of his rights, status, or allegi- iince will depend upon the diite of his birth with reference to such event. In England, the term commonly denotes one born before the not of union with . tlund; in. Amcricn. one born before the declaration of independence. Its opposite is part mztua, one born after the event.

ANT!-IA. I/at. Formerly; heretofore. ANTECESSOR. An ancestor, ((1. ti.)

ANTEDATE. To date an instrument as of 11 time before the time It was written.

ANTEJURAMENTIHW. In Saxon law. A preliminary (|l' preparatory oath. (called also "pri2juramentum." and “jii.rnnicii[imi colnm1ii'w,") which both the accuser and accused were required to make before any trial or piirgation; the accuser swearing that he would prosecute the criminal, and the accused making oath on the very day that he was to undergo the ordeal that he was innocent of the crime wit.h which he was charged. Whishaw.

ANTENUPTIAL. Made or done before a marriage. Antemlptial settlements nre settlements of property upon the wife, or upon her and her children, made before and In contemplation of the marriage.

ANTHROPOMETRY. In criminal law and medical jurisprudence. ment of the human body: II system of mens- urlng the dimensions of the human body. both ahsolutely and in their propoition to each other, the facial. cranial, and other angles, the shape and size of the skull, etc., for purposes of comparison with corresponding measurements of other individuals, and serving for the identification of the subject In cases of doubtful or disputed Identity. See BEIITLLLON Sisimr.

ANTI MANIFESTO. A term usnd ln intern.-it.ional low to denote a proclamation or manifesto piilnllshcd by one of two belligerent poivers, alleging reasons why the war in defensive on its part.

ANTICI-IRESIS. In the Civil law A species of inort,;::,:e or pledge of immovahles. An agreement by which the debtor gives to the creditor the income from the propcrtv which he has pledged. in lieu of the interest on his debt. Guyot. Repert.: Marquise De Portes v. Hurlhut. 44 N. J. Eq. 517, 1-1 Atl. $01.

A debtor m‘1y give as security for his debt llny immoralnle which belongs to him, the

The measure 6

creditor having the right to enjoy the use of |_

it on account of the interest due, or of the

capital it there is no interest due; this is called “antic-hresis." Clv. Code Mex. art. 1927.

By the low of Louisiana, there are two kinds

of plcdge5.—the pawn and the nntichrcsis. A