Blacks Law Dict. 1st ed

AMENDMENT

AMBlOuJTAS

AMBULATORY. Movable; revocable; subject to change. Ambulatoria voluntas (a changeable will) denotes the power which a testator possesses of altering his will during his life-time. The court of king's bench in England was formerly called an "ambulatory court," be cause it followed the king's person, and was held sometimes-in one place and sometimes in another. So, in France, the supreme court or parliament was originally ambulatory. 8 Bl. Comm. 38, 39, 41. The return of a sheriff has been said to be ambulatory until it is filed. Wilmot, J., 3 Burr. 1644. AMBUSH. The noun "ambush" means (1) the act of attacking an enemy unexpect edly from a concealed station; (2) a concealed station, where troops or enemies lie in wait to attack by surprise, an ambuscade; (3) troops posted in a concealed place for attack ing by surprise. The verb "ambush" means to lie in wait, to surprise, to place in am bush. 46 Ala. 142. AMELIORATIONS. Betterments; im provements. 6 Low. Can. 294; 9 Id. 503. AMENABLE. Subject to answer to the law; accountable; responsible; liable to pun ishment. Also means tractable, that may be easily led or governed; formerly applied to a wife who is governable by her husband. Cowell. AMEND. To improve; to make better by change or modification. See ALTER. AMENDE HONORABLE. In old En glish law. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offense, or for the purpose of making reparation for any injury done to another, as the walking into church in a white sheet, with a rope about the ne,ck and a torch in the hand, and begging the pardon of God, or the king, or any private individual, for some de linquency. Bouvier. In French law. A species of punish ment to which offenders against public de cency or morality were anciently condemned. AMENDMENT. In practice. The correction of an error committed in any pro cess, pleading, or proceeding at law, or in eq uity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pending. 8 BL Comm. 407, 448; 1 Tidd, Pr. 696.

Ambiguitas verborum patens xrallft veriflcatione excluditur. A patent am biguity cannot be cleared up by extrinsic evi dence. Lofft, 249. AMBIGUITY. Doubtfulness; double ness of meaning; indistinctness or uncer tainty of meaning of an expression used in a written instrument. Latent ambiguity is where the language employed is clear and intelligible and suggests but a single meaning, but some extrinsic fact or evidence aliunde, creates a necessity for interpretation or a choice among two or more possible meanings. Patent ambiguity is that which appears on the face of the instrument, and arises from the defective, obscure, or insensible language used. Ambiguity of language is to be distin guished from unintelligibility and inaccuracy, for words cannot be said to be ambiguous unless their signification seems doubtful and uncertain to persons of competent skill and knowledge to understand them. Story, Contr. 272. The term "ambiguity" does not include mere inaccuracy, or such uncertainty as arises from the use of peculiar words, or of common words in a peculiar sense. Wig. Wills, 174. Ambiguum paotum contra venditorem interpretandum est. An ambiguous con tract is to be interpreted against the seller. Ambiguum placitum mterpretari de bet contra proferentem. An ambiguous plea ought to be interpreted against the party pleading it. Co. Litt. 303&. AMBIT. A boundary line, as going around a place; an exterior or inclosing line or limit. The limits or circumference of a power or jurisdiction; the lineciicumscribing any sub ject-malter. AMBITUS. In the Roman law. A going Around; a path worn by going around. A space of at least two and a half feet in width, between neighboring houses, left for the con venience of going aiound them. Calvin. The procuring of a public office by money or gifts; the unlawful buying and selling of a public office. Inst. 4, 18, 11; Dig. 48, 14. Ambulatoria est voluntas defunct! asque ad vitae supremum exitum. The will of a deceased person is ambulatory until the latest moment of life. Dig. 34, 4, 4,

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