Blacks Law Dict. 1st ed

74

ANNUITY

ANSWER

ANNUITY. A yearly sum stipulated to be paid to another in fee, or for life, or years, and chargeable only on the person of the grantor. Co. Litt. 1446. An annuity is different from a rent-charge, with which it is sometimes confounded, the annuity being chargeable on the person merely, and so far personalty; while a rent charge is something reserved out of realty, or fixed as a burden upon an estate in land. 2 Bl. Comm. 40; Kolle, Abr. 226; 10 Watts, 127. The contract of annuity is that by which one party delivers to another a sum of mon ey, and agrees not to reclaim it so long as the receiver pays the rent agreed upon. This annuity may be either perpetual or for life. Civil Code La. arts. 2793, 2794. The name of an action, now disused, (L. Lat. breve de annuo redditu,) which lay for the recovery of an annuity. Reg. Orig. 1586/ Bract, fol. 2036; 1 Tidd, Pr. 3. ANNUITY-TAX. An impost levied an nually in Scotland for the maintenance of the ministers of religion. ANNUL. To cancel; make void; destroy. To annul a judgment or judicial proceeding is to deprive it of all force and operation, either ab initio or prospectively as to future transactions. ANNULUS. Lat. In old English law. A ring; the ring of a door. Per haspam vel annulum hostii exterioris; by the hasp or ring of the outer door. Fleta, lib. 3, c. 15, §5. ANNULUS ET BACULUS. (Lat. ring and staff.) The investiture of a bishop was per annulum et baculum, by the prince's delivering to the prelate a ring and pastoral staff, or crozier. 1 Bl. Comm. 378; Spelman. ANNUS. Lat. In civil and old English law. A year; the period of three hundred and sixty-five days. Dig. 40, 7, 4, 5; Calvin.; Bract, fol. 3596. ANNUS DELIBERANDI. In Scotch law. A year of deliberating; a year to de liberate. The year allowed by law to the heir to deliberate whether he will enter and rep resent his ancestor. It commences on the death of the ancestor, unless in the case of a posthumous heir, when the year runs from his birth. Bell. ANNUS, DIES, ET VASTUM. In old English law. Year, day, and waste. See FEAR, DAY, AND WASTE.

Annus est mora motus quo suum planeta pervolvat circulum. A year Is the duration of the motion by which a planet revolves through its orbit. Dig. 40, 7, 4, 5; Calvin.; Bract. 3596. ANNUS ET DIES. A year and aday. Annas inceptus pro complete- habe tur. A year begun is held as completed. Tray. Lat. Max. 45. ANNUS LUCTUS. The year of mourn ing. It was a rule among the Romans, and also the Danes and Saxons, that widows should not marry infra annum luctitt, (within the year of mourning.) Code 5, 9, 2; 1 Bl. Comm. 457. ANNUS UTILIS. A year made up oi available or serviceable days. Brissonius; Calvin. In the plural, anni utiles signifies the years during which a right can be exer cised or a prescription grow. ANNUUS REDITUS. A yearly rent; annuity. 2 Bl. Comm. 41; Reg. Orig. 1586. ANON., AN., A. Abbreviation for anonymous. ANONYMOUS. Nameless; wanting a name or names. A publication, withholding the name of the author, is said to be anony mous. Cases are sometimes reported anony mously, i. e., without giving the names of the parties. Abbreviated to "Anon." ANOYSANCE. Annoyance; nuisance. Cowell; Kelham. ANSEL, ANSUL, or AUNCEL. In old English law. An ancient mode of weigh ing by hanging scales or hooks at either end of a beam or staff, which, being lifted with one's finger or hand by the middle, showed the equality or difference between the weight at one end and the thing weighed at the other. Termes de la Ley, 66. ANSWER. In pleading. Any plead ing setting up matters of fact by way of de fense. In chancery pleading, the term de notes a defense in writing, made by a defend ant to the allegations contained in a bill or information filed by the plaintiff against him. In pleading, under the Codes of Civil Pro cedure, the answer is the formal written statement made by a defendant setting forth the grounds of his defense; corresponding to what, in actions under the common-law prac tice, is called the "plea." In Massachusetts, the term denotes the statement of the matter intended to be relied

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