KFLCC Kingdom Law 2nd Ed.

92

ASSART

ARTIFICIAL

ARTIFICIAL. Created by art, or by {aw; existing only by force of or In con In patent law. A nat ural force so transformed in character or ener gies by human power as to possess new capa bilities of action; this transformation of a natural force into a force practically new in volves a true inventive act. Wall v. Leek, 66 Fed. 555, 13 C. C. A. 630.— Artificial per sons. Persons created and devised by human laws for the purposes of society and govern ment, as distinguished from natural persons. Corporations are examples of artificial persons. 1 Bl. Comm. 123. Chapman v. Brewer, 43 Neb. 890, 62 N. W. 320, 47 Am. St. Rep. 779 ; Smith v. Trust Co., 4 Ala. 568.— Artificial pre*- sumptions. Also called "legal presumptions;" those which derive their force and effect from the law, rather than their natural tendency to produce belief. 3 Starkie, Bv. 1235. Gulick v. Loder, 13 N. J. Law, 72, 23 Am. Dec. 711.— Artificial succession. The succession be tween predecessor and successors in a corpora tion aggregate or sole. Thomas v. Dakin, 22 Wend. (N. Y.) 100.—Artificial watercourse. See WATEBCOUBSE. ARTIFICIALLY. Technically; scien tifically; using terms of art. A will or con tract is described as "artificially" drawn if it is couched in apt and technical phrases and exhibits a scientific arrangement ARTISAN. One skilled in some kind of mechanical craft or art; a skilled mechanic. O'Clair v. Hale, 25 Misc. Rep. 31, 54 N. Y. Supp. 386; Amazon Irr. Co. v. Briesen, 1 Kan. App. 758, 41 Pac. 1116. ARTTRA. An old English law term, sig nifying a day's work in plowing. ARVIL-SUPPER. A feast or entertain ment made at a funeral in the north of Eng land; arvU bread is bread delivered to the poor at "funeral solemnities, and arvil, arval, or arfal, the burial or funeral rites. Cowell. AS. Lat. In the Roman and civil law. A pound weight; and a coin originally weigh ing a pound, (called also "libra;") divided into twelve parts, called "uncice." Any integral sum, subject to division in certain proportions. Frequently applied in the civil law to inheritances; the whole in heritance being termed "as," and its several proportionate parts "sextans" u quadrans, n etc. Burrill. The term "as," and the multiples of its uncice, were also used to denote the rates of interest. 2 Bl. Comm. 462, note m. AS AGAINST; AS BETWEEN. These words contrast the relative position of two persons, with a tacit reference to a different relationship between one of them and a third person. For instance, the temporary bailee of a chattel is entitled to it as Be tween himself and a stranger, or as against a stranger; reference being made by this form of words to the rights of the bailor. Wharton. templation of law. —Artificial force.

ASCEND. To go up; to pass up or up wards; to go or pass in the ascending line. 4 Kent, Comm. 393, 397. ASCENDANTS. Persons with whom one is related in the ascending line; one's par ents, grandparents, great-grandparents, etc ASCENDIENTES. In Spanish law. As cendants; ascending heirs; heirs in the as cending line. Schm. Civil Law, 259. ASCENT. Passage upwards; the trans mission of an estate from the ancestor to the heir in the ascending line. See 4 Kent, Comm. 393, 397. ASCERTAIN. To fix; to render certain or definite; to estimate and determine; to clear of doubt or obscurity. Brown v. Lyd dy, 11 Hun, 456; Bunting v. Speek, 41 Kan. 424, 21 Pac. 288, 3 L. R. A. 690; Pughe v. Coleman (Tex. Civ. App.) 44 S. W. 578. ASCRIPTITIUS. In Roman law. A foreigner who had been registered and nat uralized in the colony in which he resided. Cod. 11, 47. ASPECT. View; object; possibility. Im plies the existence of alternatives. Used in the phrases "bill with a double aspect" and "contingency with a double aspect." ASPHYXIA. In medical jurisprudence. A morbid condition of swooning, suffoca tion, or suspended" animation, resulting in death if not relieved, produced by any seri ous interference with normal respiration (as, the inhalation of poisonous gases or too rarified air, choking, drowning, obstruction of the air passages, or paralysis of the respiratory muscles) with a consequent de ficiency of oxygen in the blood. See State v. Baldwin, 36 Kan. 1, 12 Pac. 328. ASPORTATION. The removal of things from one place to another. The carrying away of goods; one of the circumstances requisite to constitute the offense of larceny. 4 Bl. Comm. 231. Wilson v. State, 21 Md. 1; State v. Higgins, 88 Mo. 354; Rex v. Walsh, 1 Moody, Cr. Cas. 14, 15. ASPORTAVIT. He carried away. Some times used as a noun to denote a carrying away. An "asportavit of personal chat tels." 2 H. Bl. 4. ASSACH. In old Welsh law. An oath made by compurgators. Brown. ASSART. In English law. The offense committed in the forest, by pulling up the trees by the roots that are thickets and coverts for deer, and making the ground plain as arable land. It differs from waste, in that waste is the cutting down of coverts which may grow again, whereas assart is