Blacks Law Dict. 1st ed

AFFIDATUS

AFFIRM

person affiliated to another convent. Guyot, Bepert. AFFINAGE. A refining of metals. Blount. AFFINES. In the civil law. Connec tions by marriage, whether of the persons or their relatives. Calvin. Neighbors, who own or occupy adjoining lands. Dig. 10, 1, 12. Afflnis mei affinis non est mini afflnis. One who is related by marriage to a person related to me by marriage, has no affinity to me. Shelf. Mar. & Div. 174. AFFINITAS. In the civil law. Affin ity; relationship by marriage. Inst. 1,10, 6. AFFINITAS AFFINITATIS. Re mote relationship by marriage. That con nection between parties arising from mar riage which is neither consanguinity nor affinity. AFFINITY. Relationship by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. 1 Bl. Comm. 434. Affinity is distinguished into three kinds: (1) Direct, or that subsisting be tween the husband and his wife's relations by blood, or between the wife and the hus band's relations by blood; (2) secondary, or that which subsists between the husband and his wife's relations by marriage; (8) collater~ al, or that which subsists between the hus band and the relations of his wife's relations. Wharton. The connection which arises by marriage between each person of the married pair and the kindred of the other. Mackeld. Rom. Law, § 147. A husband is related by af finity to all the consanguinei of his wife, and vice versa, the wife to the husband's consanguinei; for the husband and wife be ing considered one flesh, those who are re lated to the one by blood are related to the other by affinity. Gib. Cod. 412; 1 BL Comm. 435. In a larger sense, consanguinity or kin dred. Co. Litt. 157a. Affinity means the tie which arises from the marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. 45 N. Y. Super. Ct. 84. AFFIRM. To ratify, make firm* con firm, establish, reassert.

AFFIDATTTS. One who is not a vassal, but who for the sake of protection has con nected himself with one more powerful. Spelman; 2 Bl. Comm. 46. AFFIDAVIT. A written or printed dec laration or statement of facts, made volun tarily, and confirmed by the oath or affirma tion of the party making it, taken before an officer having authority to administer such oath. An affidavit is a written declaration under oalh, made without notice to the adverse party. Code Civil Proc. Cal. § 2003; Code Civil Proc. Dak. § 464. An affidavit is an oath in writing, sworn before and attested by him who hath author ity to administer the same. 1 Mich. N. P. 189. An affidavit is always taken exparte, and in this respect it is distinguished from a dep osition, the matter of which is elicited by questions, and which affords an opportunity for cross-examination. AFFIDAVIT OF DEFENSE. An af fidavit stating that the defendant has a good defense to the plaintiff's action on the merits of the case. Also called an affidavit of mer its. AFFIDAVIT OF SERVICE. An af fidavit intended to certify the service of a writ, notice, or other document. AFFIDAVIT TO HOLD TO BAIL. An affidavit made to procure the arrest of the defendant in a civil action. AFFILARE. L. Lat. To file or affile. Affitetur, let it be filed. 8 Coke, 160. De re eordo affilatwn, affiled of record. 2 Ld. Eaym. 1476. AFFILE. A term employed in old prac tice, signifying to put on file. 2 Maule & S. 202. In modern usage it is contracted to file. AFFILIATION. The fixing any one with the paternity of a bastard child, and the obligation to maintain it. In French law. A species of adoption which exists by custom in some parts of France. The person affiliated succeeded equally with other heirs to the property ac quired by the deceased to whom he had been affiliated, but not to that which he inherited. Bouvier. In ecclesiastical law. A condition which prevented the superior from removing the •M.DIOT.LAW—4

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