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Averiis captis in withernam
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Averiis captis in withernamEnglish. law. The name of a writ which lies in favor of a man whose cattle have been unlawfully taken by another, and driven out of the county where they were taken, so that they cannot be replevied.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Favor
Bias partiality; lenity; prejudice.
Unlawfully
Pleadings. This word is frequently used in indictments in the description of the offence; it is necessary when the crime did not exist at common law, and when a statute, in describing an offence which it creates, uses the word ; but it is unnecessary whenever the crime existed at common law, and is manifestly illegal.
County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.
Were
The name of a fine among the Saxons imposed upon a murderer
SIMILAR TERMS--------------------------------------
Aver
To assert for the truth; to state in positive terms; to allege formally.
Averia
Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
PREVIOUS AND NEXT TERMS--------------------------------------
Autrefois convict
Crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same.
Avail
Profits of land; hence tenant paravail is one in actual possession, who makes avail or profits of the land.
Avalum
By this word is understood the written engagement of a third person to guaranty and to become security that a bill of exchange shall be paid when due.
Aver
To assert for the truth; to state in positive terms; to allege formally.
Averia
Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle.
Averiis captis in withernam
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Avoid
To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm.
Avoidance
1) Ecclesiastical law. It is when a benefice becomes vacant for want of an incumbent; and, in this sense, it is opposed to plenarty. 2) Pleading. The introductiou of new or special matter, which, admitting the premises of the opposite party, avoids or repels his conclusions.
Avoidance of the law
In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction.
Avoir du pois
Common law. The name of a peculiar weight. This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds avoir du pois, or two thousand two hundred and forty pounds net weight.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Favor
Bias partiality; lenity; prejudice.
Unlawfully
Pleadings. This word is frequently used in indictments in the description of the offence; it is necessary when the crime did not exist at common law, and when a statute, in describing an offence which it creates, uses the word ; but it is unnecessary whenever the crime existed at common law, and is manifestly illegal.
County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.
Were
The name of a fine among the Saxons imposed upon a murderer
SIMILAR TERMS--------------------------------------
Aver
To assert for the truth; to state in positive terms; to allege formally.
Averia
Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle.
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
PREVIOUS AND NEXT TERMS--------------------------------------
Autrefois convict
Crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same.
Avail
Profits of land; hence tenant paravail is one in actual possession, who makes avail or profits of the land.
Avalum
By this word is understood the written engagement of a third person to guaranty and to become security that a bill of exchange shall be paid when due.
Aver
To assert for the truth; to state in positive terms; to allege formally.
Averia
Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle.
Averiis captis in withernam
Averment
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Avoid
To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm.
Avoidance
1) Ecclesiastical law. It is when a benefice becomes vacant for want of an incumbent; and, in this sense, it is opposed to plenarty. 2) Pleading. The introductiou of new or special matter, which, admitting the premises of the opposite party, avoids or repels his conclusions.
Avoidance of the law
In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction.
Avoir du pois
Common law. The name of a peculiar weight. This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds avoir du pois, or two thousand two hundred and forty pounds net weight.
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This dictionary contains 8526 terms.
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