Page:Black's Law Dictionary (Second Edition).djvu/9

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BLACK'S DICTIONARY OF LAW

SECOND EDITION


A

A. The first letter of the English alphabet, used to distinguish the first page of a folio from the second, marked b, or the first page of a book, the first foot-note on a printed page, the first of a series of subdivisions, etc., from the following ones, which are marked b, c, d, e, etc.

A. Lat. The letter marked on the ballots by which, among the Romans, the people voted against a proposed law. It was the initial letter of the word "antiquo," I am for the old law. Also the letter inscribed on the ballots by which jurors voted to acquit an accused party. It was the initial letter of "absolvo," I acquit. Tayl. Civil Law, 191, 192.

"A." The English indefinite article. This particle is not necessarily a singular term; it is often used in the sense of "any," and is then applied to more than one individual object. National Union Bank v. Copeland, 141 Mass. 267, 4 N. E. 794; Snowden v. Guion, 101 N. Y. 458, 5 N. E. 322; Thompson v. Stewart, 60 Iowa, 225, 14 N. W. 247; Commonwealth v. Watts, 84 Ky. 537, 2 S. W. 123.

A. D. Lat. Contraction for Anno Domini, (in the year of our Lord.)

A. R. Anno regni, the year of the reign; as, A. R. v. R. 22, (Anno Regni Victoriæ Reginæ vicesimo secundo,) in the twenty-second year of the reign of Queen Victoria.

A 1. Of the highest qualities. An expression which originated in a practice of underwriters of rating vessels in three classes,—A, B, and C; and these again in ranks numbered. Abbott. A description of a ship as "A 1" amounts to a warranty. Ollive v. Booker, 1 Exch. 423.

A AVER ET TENER. L. Fr. (L. Lat. habendum et tenendum.) To have and to hold. Co. Litt. §§ 523, 524. A aver et tener a luy et a ses heires, a touts jours.—to have and to hold to him and his heirs forever. Id. § 625. See Aver et Tener.}}

A CŒLO USQUE AD CENTRUM From the heavens to the center of the earth.

A communi observantia non est recedendum. From common observance there should be no departure; there must be no departure from common usage. 2 Coke, 74; Co. Litt. 186a, 229b, 365a; Wing. Max. 752, max. 203. A maxim applied to the practice of the courts, to the ancient and established forms of pleading and conveyancing, and to professional usage generally. Id. 752-755. Lord Coke applies it to common professional opinion. Co. Litt. 186a, 346b.

A CONSILIIS. (Lat. consilium, advice.) Of counsel; a counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, "Apocrisarius."

A CUEILLETTE. In French law. In relation to the contract of affreightment, signifies when the cargo is taken on condition that the master succeeds in completing his cargo from other sources. Arg. Fr. Merc. Law, 543.

A DATU. L. Lat. From the date. Haths v. Ash, 2 Salk. 413. A die datûs, from the day of the date. Id.; 2 Crabb, Real Prop. p. 248, § 1301; Hatter v. Ash, 1 Ld. Raym. 84. A dato, from the date. Cro. Jac. 135.

A digniori fieri debet denominatio. Denomination ought to be from the more worthy. The description (of a place) should be taken from the more worthy subject, (as from a will.) Fleta, lib. 4, c. 10, § 12.

A digniori fieri debet denominatio et resolutio. The title and exposition of a thing ought to be derived from, or given, or made with reference to, the more worthy degree, quality, or species of it. Wing. Max. 265, max. 75.

A FORFAIT ET SANS GARANTIE. In French law. A formula used in indorsing commercial paper, and equivalent to "without recourse."

A FORTIORI. By a stronger reason. A term used in logic to denote an argument to the effect that because one ascertained fact exists, therefore another, which is included in it, or analogous to it, and which is less improbable, unusual, or surprising, must also exist.

Bl.Law Dict.(2d Ed.)—1