KFLCC Kingdom Law 2nd Ed.

65

AMERICAN CLAUSE

AMBULATORY

AMENITY. In real property law. Such circumstances, In regard to situation, out look, access to a water-course, or the like, as enhance the pleasantness or desirability of an estate for purposes of residence, or con tribute to the pleasure and enjoyment of the occupants, rather than to their indispensable needs. In England, upon the building of a railway or the construction of other public works, "amenity damages" may be given for the defacement of pleasure grounds, the im pairment of riparian rights, or other destruc tion of or injury to the amenities of the es tate. In the law of easements, an "amenity" con sists in restraining the owner from doing that with and on his property which, but for the grant or covenant, he might lawfully have done; sometimes called a "negative easement" as distinguished from that class of easements which compel the owner to suf fer something to be done on his property by another. Equitable Life Assur. Soc. v. Bren nan (Sup.) 24 N. Y. Supp. 788. AMENTIA. In medical jurisprudence. Insanity; idiocy. See INSANITY. AMERALIUS. L. Lat A naval com mander, under the eastern Roman empire, but not of the highest rank; the origin, ac cording to Spelman, of the modern title and office of admiral. Spelman. AMERCE. To impose an amercement or fine; to punish by a fine or penalty. AMERCEMENT. A pecuniary penalty, in the nature of a fine, imposed upon a per son for some fault or misconduct, he being "in mercy" for his offense. It was assessed by the peers of the delinquent, or the af feerors, or imposed arbitrarily at the discre tion of the court or the lord. Goodyear v. Sawyer (C. C.) 17 Fed. 9. The difference between amercements and ftnes is as follows: The latter are certain, and are created by some statute; they can only be imposed and assessed by courts of record; the former are arbitrarily imposed by courts not of record, as courts-leet. Termes de la Ley, 40. The word "amercement" has long been es pecially used of a mulct or penalty, imposed by a court upon its own officers for neglect of duty, of failure to pay over moneys collected. In particular, the remedy against a sheriff for failing to levy an execution or make re turn of proceeds of sale is, in several of the states, known as "amercement." In others, the same result is reached by process of at tachment Abbott Stansbury v. Mfg. Co., 5 N. J. Law, 441. AMERICAN CLAUSE. In marine in surance. A proviso in a policy to the effect that, in case of any subsequent insurance,

held sometimes in one place and sometimes in another. So, in France, the supreme court or parliament was originally ambulatory. 3 Bl. Comm. 38, 39, 41. The return of a sheriff has been said to be ambulatory until it is filed. Wilmot, J., 3 Burr. 1644. AMBUSH. The noun "ambush" means (1) the act of attacking an enemy unexpect edly from a concealed station; (2) a conceal ed station, where troops or enemies lie in wait to attack by surprise, an ambuscade; (3) troops posted in a concealed place for at tacking by surprise. The verb "ambush" means to lie' in wait, to surprise, to place in ambush. Dale County v. Gunter, 46 Ala. 142. AMENABLE. Subject to answer to the Jaw; accountable; responsible; liable to pun ishment. Miller v. Com., 1 Duv. (Ky.) 17. Also means tractable, that may be easily led or governed: formerly applied to a wife who is governable by her husband. Cowell. AMEND. To improve; to make better by change or modification. See ALTER. AMENDE HONORABLE. In old Eng lish law. A penalty imposed upon a person by way of disgrace or infamy, as a punish ment for any offense, or for the purpose of making reparation for any injury done to an other, as the walking into church in a white sheet, with a rope about the neck and a torch in the hand, and begging the pardon of God, or the king, or any private individual, for some delinquency. Bouvier. In French law. A species of punish ment to which offenders against public de cency or morality were anciently condemned. AMENDMENT. In practice. The cor rection of an error committed in any pro cess, pleading, or proceeding at law, or in eq uity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pend ing. 3 BL Comm. 407, 448; 1 Tidd, Pr. 696. Hardin v. Boyd, 113 U. S. 756, 5 Sup. Ct 771, 28 L. Ed. 1141. Any writing made or proposed as an im provement of some principal writing. In legislation. A modification or altera tion proposed to be made in a bill on its Das sage, or an enacted law; also such modifica tion or change when made. Brake v. Calli son (C. C) 122 Fed. 722. AMENDS. A satisfaction given by a wrong-doer to the party injured, for a wrong committed. 1 Lil. Reg. 81. BL.LAW DICT.(2D ED.)—5 AMELIORATIONS. Betterments; im provements. 6 Low. Can. 294; 9 Id. 503.