Blacks Law Dict. 1st ed

67

AMITA

AMENDMENT

prochein ami, a next friend suing or defend ing for an infant, mariied woman, etc. AMICABLE ACTION. In practice. An action between friendly parties. An ac tion brought and carried on by the mutual consent and arrangement of the parties, in order to obtain the judgment of the court on a doubtful question of law, the facts being usually settled by agreement. AMICABLE COMPOUNDERS. In Louisiana law and practice. "There are two sorts of arbitrators,—the arbitrators proper ly so called, and the amicable compounders. The arbitrators ought to determine as judges, agreeably to the strictness of law. Amica ble compounders are authorized to abate something of the strictness of the law in favor of natural equity. Amicable compound ers are in other respects subject to the same rules which are provided for the arbitrators by the present title." Civil Code La. arts. 3109, 3110. AMICABLE SUIT. The words "arbi tration" and "amicable lawsuit," used in an obligation or agreement between parties, are not convertible terms. The former carries with it the idea of settlement by disin terested third parties, and the latter by a friendly submission of the points in dispute to a judicial tribunal to be determined in ac cordance with the forms of law. 20 La. Ann. 535. AMICUS CURL2E. Lat. A friend ot the court. A by-stander (usually a counsel lor) who interposes and volunteers informa tion upon some matter of law in regard to which the judge is doubtful or mistaken, oi upon a matter of which the court may take judicial cognizance. When a judge is doubtful or mistaken in matter of law, a by-stander may inform the court thereof as amicus curice. Counsel in court frequently act in this capacity when they happen to be in possession of a case which the judge has not seen, or does not at the moment remember. Holthouse. It is also applied to persons who have no right to appear in a suit, but are allowed to introduce evidence to protect their own in terests. 11 Tex. 699, 701, 702. AMIRAL. Fr. In French maritime law. Admiral. Ord. de la Mar. liv. 1, tit. 1. §1. AMITA. Lat. A paternal aunt. An aunt on the father's side. Amita magna. A great-aunt on the father's side. Amita

Any writing made or proposed as an im provement of some principal writing. In legislation. A modification or altera tion proposed to be made in a bill on its pas sage, or an enacted law; also such modifica tion or change when made. AMENDS. A satisfaction given by a wrong-doer to the party injured, for a wrong committed. 1 Lil. Beg. 81. AMENTIA. In medical jurisprudence. Insanity; idiocy. AMERALIUS. L. Lat. A naval com mander, under the eastern Roman empire, but not of the highest rank; the origin, ac cording to Spelman, of the modern title and office of admiral. Spelman. AMERCE. To impose an amercement or fine; to punish by a fine or penalty. AMERCEMENT. A pecuniary penalty, in the nature of a fine, imposed upon a per son for some fault or misconduct, he being "in mercy" for his offense. It was assessed by the peers of the delinquent, or the affeerors, or imposed arbitrarily at the discretion of the court or the lord. The difference between amercements and fines is as follows: The latter are certain, and are created by some statute; they can only be imposed and assessed by courts of record; the former are arbitrarily imposed by courts uot of record, as courts-Ieet. Termes de la Ley, 40. The word "amercement" has long been es pecially used of a mulct or penalty, imposed by a court upon its own officers for neglect of duty, or failure to pay over moneys collected. In particular, the remedy against a sheriff for tailing to levy an execution or make re turn of proceeds of sale is, in several of the states, known as "amercement." In others, the same result is reached by process ot at tachment. Abbott. AMERICAN CLAUSE. In marine in surance. A proviso in a policy to the effect that, in case of any subsequent insurance, the insurer shall nevertheless be answerable for the full extent of the sum subscribed by him, without right to claim contribution from sub sequent underwriters. 14 Wend. 399. AMEUBLISSEMENT. In French law. A species of agreement which by a fiction gives to immovable goods the quality of mov able. Merl. Repert.; 1 Low. Can. 25,58. AMI; AMY. A friend; as alien ami, an alien belonging to a nation at peace with us;

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