KFLCC Kingdom Law 2nd Ed.

48

AFFIRMANCE

AFFRANCHISE.

pellate court of a judgment, order, or decree of a lower court brought before it for review. See AFFIRM. • A dismissal of an appeal for want of pros ecution is not an "affirmance" of the judg ment. Drummond v. Husson, 14 N. Y. 60. The ratification or confirmation of a void able contract or act by the party who is to be bound tbereby. The term is in accuracy to be distinguished from ratification, which is a recognition of the validity or binding force as against the party ratifying, of some act performed by another person; and from confirmation, which would seem to apply more properly to cases where a doubtful authority has been exercised by an other in behalf of the person ratifying; but these distinctions are not generally observed with much care. Bouvier. In the English court of exchequer, is a day ap pointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judg ments. 2 Tidd, Pr. 1091. A person who testifies on affirmation, or who affirms instead of taking an oath. See AFFIEM'ATION. Used in affi davits and depositions which are affirmed, in stead of sworn to in place of the word "de ponent." He who af firms must prove. Porter v. Stevens, 9 Cush. (Mass.) 535. Affirmant!, non neganti incnmbit pro batio. The [burden of] proof lies upon him who affirms, not upon one who denies. Steph. PL 84. In practice. A solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. A solemn religious asseveration in the nat ure of an oath. 1 Greenl. Ev. § 371. That which declares positively; that which avers a fact to be true; that which establishes; the opposite of negative. The party who, upon the allegations of plead ings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, in other words, to sustain the burden of proof. Abbott As to affirmative "Damages," "Pleas," "Warranties," see those titles. —Affirmative defense. In code pleading. New matter constituting a defense; new mat ter which, assuming the complaint to be true, constitutes a defense to it. Carter v. Eighth Ward Bank, 33 Misc. Rep. 128, 67 N. Y. Supp. 300.— Affirmative pregnant. In pleading. An affirmative allegation implying some nega AFFIRMANCE DAY GENERAL. AFFIRMANT. Affirmantis est probare. AFFIRMATION. AFFIRMATIVE.

tive in favor of the adverse party. Fields v. State, 134 Ind. 46, 32 N. E. 780.— Affirmative relief. Relief, benefit, or compensation which may be granted to the defendant in a judgment or decree in accordance with the facts estab lished in his favor; such as may properly be given within the issues made by the pleadings or according to the lpgal or equitable rights of the parties as established by the evidence. Gar ner v. Hannah, 6 Duer (N. Y.) 262.— Affirma tive statute. In legislation. A statute couch ed in affirmative or mandatory terms; one which directs the doing of an act, or declares what shall be done ; as a negative statute is one which prohibits a thing from being done, or declares what shall not be done. Blackstone describes aflarmative acts of parliament as those "wherein justice is directed to be done accord ing to the law of the land." 1 Bl. Comm. 142. AFFIX. To fix or fasten upon, to attach to, inscribe, or impress upon, as a signature, a seal, a trade-mark. Pen. Code N. Y. i 367. To attach, add to, or fasten upon, per manently, as in the case of fixtures annexed to real estate. A thing is deemed to be affixed to land when it is attached to it by the roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanent ly resting upon it, as in the case of build ings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ. Code Cal. § 660; Civ. Code Mont. 1895, § 1076; McNally v. Con nolly, 70 Cal. 3, 11 Pac. 320; Miller v. Wad dingham (Cal.) 25 Pac. 688, 11 L. R, A. 510. AFFIXTJS. In the civil law. Affixed, fix ed, or fastened to. AFFORARE. To set a price or value on a thing. Blount. AFFORATUS. Appraised or valued, as things vendible in a market. Blount AFFORCE. To add to; to increase; to strengthen; to add force to. — Afforce the assise. In old English prac tice. A method of securing a verdict, where the jury disagreed, by adding other jurors to the panel until twelve could be found who were unanimous in their opinion. Bract, fol. 1856, 292a; Fleta, lib. 4, c. 9, § 2; 2 Reeve, Hist. Eng. Law, 267. AFFORCIAMENTUM. In old English law. A fortress or stronghold, or other forti fication. Cowell. The calling of a court upon a solemn or ex traordinary occasion. Id. AFFOREST. To convert land Into a for est in the legal sense of the word. AFFOUAGE. In French law. The right of the inhabitants of a commune or section of a commune to take from the forest the fire-wood which is necessary for their use. Duverger.

AFFRANCHTR.

L. Fr.

To set free.

Kelham.

AFFRANCHISE.

To liberate; to make

free.