Blacks Law Dict. 1st ed

108

AVAL

AUTHORITY

AUTREFOIS CONVICT. Formerly convicted. In criminal law. A plea by a criminal in bar to an indictment that he haa been formerly convicted of the same iden tical crime. 4 BL Comm. 336; 4 Steph. Comm. 404. AUXILIUM. In feudal and old English law. Aid; a kind of tribute paid by the vas sal to his lord, being one of the incidents of the tenure by knight's service. Spelman. AUXILIUM AD FILIUM MILITEM FACIENDUM ET FILIAM MARITAN DAM. An ancient writ which was ad dressed to the sheriff to levy compulsorily an aid towards the knighting of a son and the marrying of a daughter of the tenants in ea~ pite of the crown. AUXILIUM CURI2E. In old English law. A precept or order of court citing and convening a party, at the suit and request of another, to warrant something. AUXILIUM REGIS. In English law. The king's aid or money levied for the royal use and the public service, as taxes granted by parliament. AUXILIUM VICE COMITI. An an cient duty paid to sheriffs. Cowell. AVAIL OF MARRIAGE. In feudal law. The right of marriage, which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. A guardian in socage had also the same right, but not attended with the same advantage. 2 Bl. Comm. 88. In Scotch law. A certain sum due by the heir of a deceased ward vassal, when the heir became of marriageable age. Ersk. Inst. 2, 5, 18. AVAILABLE MEANS. This phrase, among mercantile men, is a term well un derstood to be anything which can readily be converted into money; but it is not necessa rily or primarily money itself. 13 N. Y. 219; 32 N. Y. 224. AVAILS. Profits, or proceeds. This word seems to have been construed only in reference to wills, and in them it means the corpus or proceeds of the estate after the pay ment of the debts. 1 Amer. & Eng. Enc. Law, 1039. See 3 N. Y. 276; 34 N. Y. 201. AVAL. In French law. The guaranty of a bill of exchange; so called because usu ally placed at the foot or bottom (aval) of the bill. Story, Bills, § 394, 454. The act of subscribing one's signature at

AUTHORITY. In contracts. The law ful delegation of power by one person to an other. In the English law relating to public ad ministration, an authority is a body having jurisdiction in certain matters of a public nature. In governmental law. Legal power; a right to command or to act; the right and power of public officers to require obedience to their orders lawfully issued in the scope of their public duties. Authority to execute a deed must be given by deed. Com. Dig." Attorney," C, 5; 4 Term, 313; 7 Term, 207; 1 Holt, 141; 9 Wend. 68, 75; 5 Mass. 11; 5 Bin. 613. AUTO ACORDADO. In Spanish colo nial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign. Schm. Civil Law, 93. AUTOCRACY. The name of an unlim ited monarchical government. A government at the will of one man, (called an "autocrat,") unchecked by constitutional restrictions or limitations. AUTOGRAPH. The handwriting of any one. AUTONOMY. The political independ ence of a nation; the right (and condition) of self-government. AUTOPSY. The dissection of a dead body for the purpose of inquiring into the cause of death. Fub. St. Mass. 1882, p. 1288. AUTRE. L. Fr. Another. AUTRE VIE. L. Fr. Another's life. A person holding an estate for or during the life of another is called a tenant "pur autre vie, " or "pur terme (Vautre vie. " Litt. § 56; 2 Bl. Comm. 120. AUTREFOIS. At another time; former ly; before; heretofore. AUTREFOIS ACQUIT. In criminal law. Formerly acquitted. The name of a plea in bar to a criminal action, stating that the defendant has been once already indicted and tried for the same alleged offense and has been acquitted. AUTREFOIS ATTAINT. In criminal law. Formerly-attainted. A plea that the defendant has already been attainted' for one felony, and therefore cannot be criminally prosecuted for another. 4 Bl. Comm. 336.

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