KFLCC Kingdom Law 2nd Ed.

49

AGARDER

AFFRAY

AFFRAY. In criminal law. The fight ing of two or more persons in some public place to the terror of the people. Burton T. Com., 60 S. W. 526, 22 Ky. Law Rep. 1315: Thompson v. State, 70 Ala. 26; State v. Allen, 11 N. a 356. It differs from a riot in not being premeditat ed ', for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guil ty of a riot, but an affray only; and in that case none are guilty except those actually en gaged in it. Hawk. P. C. bk. 1, c. 65, §3; 4 Bl. Comm. 146; 1 Russ. Crimes, 271; Su preme Council v. Garrigus, 104 Ind. 133, 3 N. B. 818, 54 Am. Rep. 298. If two or more persons voluntarily or by agreement engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place to the disturbance of others, they are guilty of an affray, and shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars. Rev. Code Iowa 1880, § 4065. Affreightment; - a contract for the hire of a vessel. From the Fr. fret, which, according to Cowell, meant tons or tonnage. A contract of af freightment is a contract with a ship-owner to hire his ship, or part of it, for the car riage of goods. Such a contract generally takes the form either of a charter-party or of a bill of lading. Maude & P. Mer. Shipp. 227; Smith, Merc. Law, 295; Bramble v. Culmer, 78 Fed. 501, 24 C. C. A. 182; Auten v. Bennett, 88 App. Div. 15, 84 N. Y. Supp. 689. In French law, freighting and affreight ing are distinguished. The owner of a ship freights it, (le frete;) he is called the freight er, (freteur;) he is the letter or lessor, (loca teur, locator.) The merchant affreights {af frete) the ship, and is called the affreighter, (affreteur ;) he is the hirer, (locataire, con ductor.) Emerig. Tr. des Ass. c. 11, § 3. Fr. In French law. The hiring of a vessel; affreightment Call ed also nolissement. Ord. Mar. liv. 1, tit. 2, art. 2; Id. liv. 3, tit 1, art 1. AFFEECTAMENTUM. AFFREIGHTMENT. AFFRETEMENT.

Atl. 257; Edwards v. State, 25 Ark. 444; People v. Ah Choy, 1 Idaho, 317; State v. Fiske, 63 Conn. 388, 28 Atl. 572. Later, succeeding, subsequent to, inferior in point of time or of priority or preference. •—After-acquired. Acquired after a particu lar date or event Thus, a judgment is a lien on after-acquired realty, t. e., land acquired by the debtor after entry of the judgment Hughes v. Hughes, 152 Pa. 590, 26 Atl. 101.— After born. A statute making a will void as to after-born children means physical birth, and is not applicable to a child legitimated by the marriage of its parents. Appeal of McCulloch, 113 Pa. 247, 6 Atl. 253.—After date. When time is to be computed "after" a certain, date, it is meant that such date should be excluded in the computation. Bigelow v. Wilson, 1 Pick. (Mass) 485; Taylor v. Jacoby, 2 Pa. St. 495; Cromelian v. Brink, 29 Pa. St. 522.— After discovered. Discovered or made known after a particular date or event.— After sight. This term as used in a bill payable so many days after sight, meang after legal sight; that is, after legal presentment for acceptance. The mere fact of having seen the bill or known of its existence does not constitute legal "sight." Mitchell v. Degrand, 17 Fed. Cas. 494. A second crop of grass mown in the same season; also the right to take such second crop. See 1 Chit Gen. Pr. 181. This word has two senses. It may mean the whole time from noon to midnight; or it may mean the earlier part of that time, as distinguished from the evening. When used in a statute its meaning must be determined by the con text and the circumstances of the subject matter. Reg. v. Knapp, 2 El. & Bl. 451. Adverse to; contrary; op posed to; without the consent of; in con tact with. State v. Metzger, 26 Kan. 395; James v. Bank, 12 R. I. 460; Seabright v. Seabright, 28 W. Va. 465; State v. Prather, 54 Ind. 63. —Against the form of the statute. When the act complained of is prohibited by a stat ute, these technical words must be used in an indictment under it. The Latin phrase is con tra formam statuti. State v. Murphy, 15 R. I. 543, 10 Atl. 585.—Against the peace. A technical phrase used in alleging a breach of the peace. See CONTRA PACEM. State v. Tib betts, 86 Me 189, 29 Atl. 979.—Against the will. Technical words which must be used in framing an indictment for robbery from the person, rape and some other offenses. With taker v. State, 50 Wis. 521, 7 N W. 431. 36 Am. St. Rep 856; Com. v. Burke, 105 Mass. 376. 7 Am. Rep. 531; Beyer y. People, 86 N. Y. 369. AGALMA. An impression or image of anything on a seal. Cowell. AFTER. AFTERMATH. AFTERNOON. AGAINST.

AFFRI.

In old English law. Plow cat

tle, bullocks or plow horses.

or afri

Affri,

beasts of the plow. Spelman.

carucw;

AFORESAID.

Before, or already said,

mentioned, or recited; premised.

PlowdL

67. is used in Scotch law. Although the words "preceding" and "afore said" generally mean next before, and "follow ing" means next after, yet a different significa tion will be given to them if required by the context and the facts of the case. Simpson v. Robert, 35 Ga. 180. AFORETHOUGHT. In criminal law. Deliberate; planned; premeditated; pre pense. State v. Peo, 9 Houst (Del.) 488, 33 BL.LAW DIOT.(2D ED.)—4 Foresaid

AGARD.

L. Fr. An award.

Nul fait

no award made.

agard;

AGARDER. L. Fr. To award, adjudge, or determine; to sentence, or condemn.