Blacks Law Dict. 1st ed

AGAINST

AFFORCE

51

the form either of a charter-party or of a bill of lading. Maude & P. Mer. Shipp. 227; Smith, Merc. Law. 295. In French law, freighting and affreighting are distinguished. The owner of a ship freights it, (lefrete;) he is called the freight er, (freteur;) he is the letter or lessor, {loco teur, locator.) The merchant affreights (af frete) the ship, and is called the affreighter, (affreteur;) he is the hirer, {locataire, con ductor.) Emerig. Tr. des Ass. c. 11, § 3. AFFRETEMENT. Fr. In French law. The hiring of a vessel; affreightment. Called also nolissement. Ord. Mar. liv. 1, tit. 2, art. 2; Id. liv. 3, tit. 1, art. 1. AFFRI. In old English law. Plow cattle, bullocks or plow horses. Affri, oi africarucce; beasts of the plow. Spelman. AFORESAID. Before, or already said, mentioned, or recited; premised. Plowd. 67. Foresaid is used in Scotch law. Although the words "preceding" and "aforesaid" generally mean next before, ana "following" means next after, yet a different signification will be given to them if required by the context and the facts of the case. 85 Ga. 180. AFORETHOUGHT. In criminal law. Deliberate; planned; premeditated; prepense. AFTER-ACQUIRED. Acquired after a particular date or event. Thus, a judgment is a lien on after-acquired realty, i. «., land acquired by the debtor after entry of the judgment. AFTER-DISCOVERED. Discovered or made known after a particular date or event. AFTERMATH. A second crop of grass mown in the same season; also the right to take such second crop. See 1 Chit. Gen. Pr. 181. AFTERNOON. This word has two senses. It may mean the whole time from noon to midnight; or it may mean the earlier part of that time, as distinguished from the evening. When used in a statute, its mean ing must be determined by the context and the circumstances of the subject-matter. 2 El. & BL 451. AGAINST THE FORM OF THE STATUTE. When the act complained of is prohibited by a statute, these technical words must be used in an indictment under it. The Latin phrase is contra formam statuti.

AFFORCE. To add to; to increase; to strengthen; to add force to. AFFORCE THE ASSISE. In old En glish practice. A method of securing a ver dict, where the jury disagreed, by adding other jurors to the panel until twelve could be found who were unanimous in their opin ion. Bract, fol. 1856, 292a; Fleta, lib. 4, c. 9, § 2; 2 Reeve, Hist. Eng. Law, 267. AFFORCIAMENTUM. In old English law. A fortress or stronghold, or other forti fication. Cowell. The calling of a court upon a solemn or ex traordinary occasion. Id. AFFOREST. To convert land into a forest in the legal sense of the word. AFFOITAGE. In French law. The right of the inhabitants of a commune or section of a commune to take from the forest the fire-wood which is necessary for their use. Duverger. AFFRANCHIR. L. Fr. To set free. Kelham. AFFRANCHISE. To liberate; to make free. AFFRAY. In criminal law. The fight Ing of two or more persons in some public place to the terror of the people. It differs from a riot in not being premeditated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot, but an affray only; and in that case none are guilty except those actually engaged in it Hawk. F. C. bk. 1, c 65, S 8; 4 BL Comm. 146; 1 Russ. Crimes, 271. If two or more persons voluntarily or by agreement engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place to the disturbance of others, they are guilty of an affray, and shall be punished by imprisonment in the county jail not exceed ing thirty days, or by fine not exceeding one hundred dollars. Rev. Code Iowa 1880, § 4065. AFFRECTAMENTUM. Affreightment; ' a contract for the hire of a vessel. From the Fr. fret, which, according to Cowell, meant tons or tonnage. AFFREIGHTMENT. A contract of af freightment is a contract with a ship-owner to hire his ship, or part of it, for the carriage of goods. Such a contract generally takes

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