Blacks Law Dict. 1st ed

AISIAMENTUM

56

AGUSADUBA

garden, although it may be much less than a farm. If the area cultivated can be called a field, it is agriculture, as well in contempla tion of law as in the etymology of the word. And if this condition be fulfilled, the uniting of any other business, not inconsistent with the pursuit of agriculture, does not take away the protection of the statute. 22 Pa. St. 193. See, also, 7 Heisk. 515; 62 Me. 526; 64 Ga. 128. AGUSADURA. In ancient customs, a fee, due from the vassals to their lord for sharpening their plowing tackle. AHTEID. In old European law. A kind of oath among the Bavarians. Spelman. In Saxon law. One bound by oath, q. d. "oath tied." From ath, oath, and tied. Id. AID, v. To support, help, or assist. This word must be distinguished from its syno nym "encourage," the difference being that the former connotes active support and assist ance, while the latter does not; and also from "abet," which last word imports necessary criminality in the act furthered, while "aid," standing alone, does not. AID AND COMPORT. Help; support; assistance; counsel; encouragement. As an element in the crime of treason, the giving of "aid and comfort" to the enemy may consist in a mere attempt. It is not es sential to constitute the giving of aid and comfort that the enterprise commenced should be successful and actually render as sistance. 4 Sawy. 472; 97 U. S. 62. AID OF THE KING. The king's ten ant prays this, when rent is demanded of him by others. AID PRAYER. In English practice. A proceeding formerly made use of, by way of petition in court, praying in aid of the ten ant for life, etc., from the reversioner or re mainder-man, when the title to the inherit ance was in question. It was a plea in sus pension of the action. 3 Bl. Comm. 300. AIDER BY VERDICT. The healing or remission, by a verdict rendered, of a defect or error in pleading which might have been objected to before verdict. The presumption of the proof of all facts necessary to the verdict as it stands, coming to the aid of a record in which such facts are not distinctly alleged. AIDING AND ABETTING. In crim inal law. That kind of connection with the commission of a crime which, at common

law, rendered the person guilty as a principal in the second degree. It consisted in being present at the time and place, and doing some act to render aid to the actual perpetra tor of the crime, though without taking a direct share in its commission. See 4 Bl. Comm. 34. AIDS. In feudal law, originally mere benevolences granted by a tenant to his lord, in times of distress; but at length the lords claimed them as of right. They were prin cipally three: (1) To ransom the lord's per son, if taken prisoner; (2) to make the lord's eldest son and heir apparent a knight; (3) to give a suitable portion to the lord's eldest daughter on her marriage. Abolished by 12 Car. II. c. 24. Also, extraordinary grants to the crown by the house of commons, and which were the origin of the modern system of taxation. 2 Bl. Comm. 63, 64. AIEL, Aieui, Aile, Ayle. L. Fr. A grandfather. A writ which lieth where the grandfather was seised in his demesne as of fee of any lands or tenements in fee-simple the day that he died, and a stranger abateth or entereth the same day and dispossesseth the heir. Fitzh. Nat. Brev. 222; Spelman; Termes de la Ley; 3 Bl. Comm. 186. AIELESSE. A Norman French term sig nifying "grandmother." Kelham. AINESSE. In French feudal law. The right or privilege of the eldest born; primo geniture; esnecy. Guyot, Inst. Feud. o. 17. AIR. That fluid transparent substance which surrounds our globe. AIRE. In old Scotch law. The court of the justices itinerant, corresponding with the English eyre, (q. v.) Skene de Verb. Sign, voc. Her. AIRT AND PAIRT. In oldScotchcrim inal law. Accessary; contriver and partner. 1 Pitc. Cnm. Tr. pt. 1, p. 133; 3 How. State Tr. 601. Now written art and part, (q. v.) AIR-WAY. In English law. A passage for the admission of air into a mine. To ma liciously fill up, obstruct, or damage, with in tent to destroy, obstruct, or render useless the air-way to any mine, is a felony punishable by penal servitude or imprisonment at the discretion of the court. 24 & 25 Viet. e. 97, §28. AISIAMENTUM. In old English law. An easement. Spelman.

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