Blacks Law Dict. 1st ed

ANSWER

75

ANTICHRESIS

upon by the defendant in avoidance of the plaintiff's action, taking the place of special pleas in bar, and the general issue, except in real and mixed actions. Pub. St. Mass. 1882, p. 1287. In matrimonial suits in the (English) pro bate, divorce, and admiralty division, an an swer is the pleading by which the respond ent puts forward his defense to the petition. Browne, Div. 223. Under the old admiralty practice in Eng land, the defendant's first pleading was called his "answer." Williams & B. Adm. Jur. 246. In practice. A reply to interrogatories; an affidavit in answer to interrogatories. The declaration of a fact by a witness after a question has been put, asking for it. As a verb, the word denotes an assumption of liability, as to "answer" for the debtor default of another. ANTAPOCHA. In the Roman law. A transcript or counterpart of the instrument called "apocha," signed by the debtor and delivered to the creditor. Calvin. ANTE. Lat. Before. Usually employed in old pleadings as expressive of time, as prat (before) was of place, and coram (before) of person. Townsh. PI. 22. Occurring in a report or a text-book, it Is used to refer the reader to a previous part of the book. ANTE EXHIBITIONEM BILL.E. Before the exhibition of the bill. Before suit begun. ANTE-FACTUM or ANTE-GESTUM. Done before. A Roman law term for a pre Tious act, or thing done before. ANTE LITEM MOTAM. Before suit brought; before controversy instituted. ANTECESSOB. An ancestor, (q. v.) ANTEDATE. To date an instrument as of a time before the time it was written. ANTEJURAMENTUM. In Saxon law. A preliminary or preparatory oath, (called also "prayuramentum," and "Juramentum calumnies,") which both the accuser and ac cused were required to make before any trial or purgation; the accuser swearing that he would prosecute the criminal, and the ac cused making oath on the very day that he was to undergo the ordeal that he was inno cent of the crime with which he was charged. Whishaw.

ANTENATTJS. Lat. From ante and na tus. Born before. A person born before another person or before a particular event. The term is particularly applied to one born in a country before a revolution, change of government or dynasty, or other political event, such that the question of his rights, status, or allegiance will depend upon the date of his birth with leference to such event. In England, the term commonly denotes one born before the act of union with Scotland; in America, one born before the declaration of independence. Its opposite is postnatus, one born after the event. ANTENUPTIAL. Made or done before a marriage. Antenuptial settlements are set tlements of property upon the wife, or up on her and her children, made before and in contemplation of the marriage. ANTI MANIFESTO. A term used in international law to denote a proclamation or manifesto published by one of two belliger ent powers, alleging reasons why the war is defensive on its part. ANTICHRESIS. In the civil law. A species of mortgage, or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Repert. A debtor may give as security for his debt any immovable which belongs to him, the creditor having the right to enjoy the use of it on account of the interest due, or of the capital if there is no interest due; this is called "anticresis." Civil Code Mex. art. 1927. By the law of Louisiana, there are two kinds of pledges,—the pawn and the anti chresis. A pawn relates to movables, and the antichresis to immovables. The anti chresis must be reduced to writing; and the creditor thereby acquires the right to the fruits, etc., of the immovables, deducting yearly their proceeds from the interest, in the first place, and afterwards from the prin cipal of his debt. He is bound to pay taxes on the property, and keep it in repair, unless the contrary is agreed. The creditor does not become the proprietor of the property by failure to pay at the agreed time, and any clause to that effect is void. He can only sue the debtor, and obtain sentence for sale of the property. The possession of the prop erty is, however, by the contract, transferred to the creditor. 11 Pet. 351.

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