KFLCC Kingdom Law 2nd Ed.

AGENT

51

AGILLA'RIUS

solicitors in ordinary courts, are technically called "agents." Macph. Priv. Coun. 65. —Agent and patient. A phrase indicating the state of a person who is required to do a thing, and is at the same time the person to whom it is done.— Local agent. One ap pointed to act as the representative of a cor poration and transact its business generally (or business of a particular character) at a giv en place or within a defined district. See Frick Oo. v. Wright, 23 Tex. Civ. App. 340, 55 S. W. 608; Moore v. Freeman's Nat Bank, 92 N. C. 594; Western, etc., Organ Oo. v. Ander son, 97 Tex. 432, 79 S, W. 517 —Managing agent. A person who is invested with general power, involving the exercise of judgment and discretion, as distinguished from an ordinary agent or employe^ who acts in an inferior ca pacity, and under the direction and control of superior authority, both in regard to the extent of the work and the manner of executing the same. Reddington v. Mariposa Land & Min. Co.. 19 Hun (N. Y.) 405; Taylor v. Granite State Prov. Ass'n, 136 N. Y. 343, 32 N. E. 992, 32 Am. St. Rep. 749; U. S. v. American Bell Tel. Co. (a C.) 29 Fed. 33; Upper Mississippi Transp. Co. v. Whittaker, 16 Wis. 220; Fos ter v. Charles Betcher Lumber Co., 5 S. D 57, 58 N. W. 9, 23 L. R. A. 490, 49 Am. St. Rep. 859.— Private agent. An agent acting for an individual in his private affairs; as distin guished from a pubho agent, who represents the government in some administrative capacity.— Public agent. An agent of the public, the state, or the government; a person appointed to act for the Dublic in some matter pertaining to the administration of government or the pub lic business. See Story, Ag. § 302; Whiteside v. United States. 93 U. S. 254, 23 L. Ed. 882. — Real-estate agent. Any person 'whose business it is to sell, or offer for sale, real es tate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. Act July 13, 1866, c. 49; 14 St. at Large, 118. Carstens v. MeReavy, 1 Wash. St. 359, 25 Pac. 471. Agentes et consentientes pari poena plectentnr. Acting and consenting parties are liable to the same punishment 5 Coke, 80. A field; land generally. A portion of land in closed by definite boundaries. Municipality No. 2 v. Orleans Cotton Press, 18 La. 167, 36 Am. Dec. 624. In old English law. An acre. Spelman. Lat In the civil law. A dam, bank or mound. Cod. 9, 38; Townsh. PI. 4& An as sault with circumstances of aggravation, or of a heinous character, or with intent to commit another crime. In re Burns (C. C.) 113 Fed. 992; Norton v. State, 14 Tex. 393. See ASSAULT. Defined in Pennsylvania as follows: "If any person shall unlawfully and maliciously inflict upon another person, either with or without any weapon or instrument, any grievous bodily harm, or unlawfully cut, stab, or wound any other person, he shall be guilty of a misde meanor," etc Brightly, Purd. Dig. p. 434, § 167. AGER. Lat. In the civil law. AGGER. AGGRAVATED ASSAULT.

AGGRAVATION. Any circumstance at tending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constitu ents of the crime or tort itself. Matter of aggravation, correctly understood, does not consist in acts of the same kind and description as those constituting the gist of the action, but in something done by the defendant, on the occasion of committing the trespass, which is, to some extent, of a different legal character from the principal act complained of. Hathaway v. Rice, 19 Vt. 107. In pleading. The introduction of mat ter into the declaration which tends to in crease the amount of damages, but does not affect the right of action itself. Steph. PI. 257; 12 Mod. 597. Composed of several; consisting of many persons united together. 1 Bl. Comm. 469. —Aggregate corporation. See CORPORA TION. AGGREGATIO MENTIUM. The meet ing of minds. The moment when a contract is complete. A supposed derivation of the word "agreement." AGGRESSOR. The party who first of fers violence or offense. He who begins a quarrel or dispute, either by threatening or striking another. Under statutes granting the right of appeal to the party aggrieved by an order or judgment, the par ty aggrieved is one whose pecuniary inter est is directly affected by the adjudication; one whose right of property may be estab lished or divested thereby. Ruff v. Mont gomery, 83 Miss. 185, 36 South. 67; McFar land v. Pierce, 151 Ind. 546, 45 N. E. 706; Lamar v. Lamar, 118 Ga. 684, 45 S. E. 498; Smith v. Bradstreet, 16 Pick. (Mass.) 264; Bryant v. Allen, 6 N. H. 116; Wiggin v. Swett, 6 Mete. (Mass.) 194, 39 Am. Dec. 716; Tillinghast v. Brown University, 24 R. I. 179, 52 Atl. 891; Lowery v. Lowery, 64 N. C. 110; Raleigh v. Rogers, 25 N. J. Eq. 506. Or one against whom error has been committed. Kinealy v. Macklin, 67 Mo. 95. In Saxon law. Free from pen alty, not subject to the payment of gild, or weregild; that is, the customary fine or pe cuniary compensation for an offense. Spel man ; Cbwell. AGGREGATE. AGGRIEVED. Having suffered loss or injury; damnified; injured. AGGRIEVED PARTY. AGILD.

AGILER.

In Saxon law. An observer

or informer.

AGILLARIUS. L. Lat. In old English law. A hayward, herdward, or keeper of the herd of cattle in a common field. Cowell.