KFLCC Kingdom Law 2nd Ed.

66

AMEUBLISSEMENT

AMONG

the Insurer shall nevertheless be answerable for the full extent of the sum subscribed by him, without right to claim contribution from subsequent underwriters. American Ins. Co. v. Griswold, 14 Wend. (N. Y.) 399. In French law. A species of agreement which by a fiction gives to immovable goods the quality of mov able. Merl. Repert; 1 Low. Can. 25, 58. AMI; AMY. A friend; as alien ami, an alien belonging to a nation at peace with us; prochein ami, a next friend suing or defend ing for an infant, married woman, etc. AMICABLE. Friendly; mutually for bearing; agreed or assented to by parties having conflicting interests or a dispute; as opposed to hostile or adversary. —Amicable action. In practice. An action between friendly parties. An action brought and carried on by the mutual consent and ar rangement of the parties, in order to obtain the judgment of the court on a doubtful question of law, the facts being usually settled by agree ment. Lord v. Veazie, 8 How. 251, 12 I* Ed. 1067.— Amicable compounders. In Louisi ana law and practice. "There are two sorts of arbitrators,—the arbitrators properly so called, and the amicable compounders. The arbitrators ought to determine as judges, agreeably to the strictness of law. Amicable compounders are authorized to abate something of the strictness of the law in favor of natural equity. Amicable compounders are in other respects subject to the same rules which are provided for the arbi trators by the present title." Civ. Code La arts. 3109, 3110.— Amicable suit. The words "arbitration" and "amicable lawsuit," used in an obligation or agreement between parties, are not convertible terms. The former carries with it the idea of settlement by disinterested third parties, and the latter by a friendly submission of the points in dispute to a judicial tribunal to be determined in accordance with the forms of law. Thompson v. Moulton, 20 La. Ann. 535. Lat. A friend of the court. A by-stander (usually a counsel lor) who interposes and volunteers informa tion upon some matter of law in regard to which the judge is doubtful or mistaken, or upon a matter of which the court may take judicial cognizance. Counsel in court fre quently act in this capacity when they hap pen to be in possession of a case which the judge has not seen, or does not at the mo ment remember. Taft v. Northern Transp. Co., 56 N. H. 416; Birmingham Loan, etc., Co. r. Bank, 100 Ala. 249, 13 South. 945, 46 Am. St. Rep. 45; In re Columbia Real Es tate Co. (D. C.) 101 Fed. 970. It is also applied to persons who have no right to appear in a suit, but are allowed to introduce evidence to protect their own in terests. Bass v. Fontleroy, 11 Tex. 699, 701, 702. AMIRAL. Fr. In French maritime law. Admiral. Ord. de la Mar. liv. 1, tit 1, § 1. AMITA. Lat A paternal aunt An aunt on the father's side. Amita magna. AMEUBLISSEMENT. AMICUS CURIiE.

A great-aunt on the father's side.

Amita

A great-great aunt on the father's

major.

side. A great-great-great aunt, or a great-great-grandfather's sister. Calvin. The child of a brother or sister; a cousin; one who has the same grandfather, but different father and mother. Calvin. Lat In the civil and old English law. To lose. Hence the old Scotch "ami t t" —Amittere curiam. To lose the court; to be deprived of the privilege of attending the court.— Amittere legem terrse. To lose the protection afforded by the law of the land.— Ami t t ere liberam legem. To lose one's frank-law. A term having the same meaning as amittere legem terra, (q. v.) He who lost his law lost the protection extended by the law to a freeman, and became subject to the same law as thralls or serfs attached to the land. A sovereign act of pardon and oblivion for past acts, granted by a gov ernment to all persons (or to certain per sons) who have been guilty of crime or de lict, generally political offenses,—treason, sedition, rebellion,—and often conditioned upon their return to obedience and duty within a prescribed time. A declaration of the person or persons who have newly acquired or recovered the sov ereign power in a state, by which they par don all persons who composed, supported, or obeyed the government which has been overthrown. The word "amnesty" properly belongs to in ternational law, and is applied to treaties of peace following a state' of war, and signifies there the burial in oblivion of the particular cause of strife, so that that shall not be again a cause for war between the parties; and this signification of "amnesty" is fully and poetical ly expressed in the Indian custom of burying the hatchet. And so amnesty is applied x to re bellions which by their magnitude are brought within the rules of international law, and in which multitudes of men are the subjects of the clemency of the government. But in these_ cas es, and in all cases, it mean 1 * only "oblivion." and never expresses or implies a grant. Knote v. United States, 10 Ct. CI. 407. "Amnesty" and "pardon" are very different The former is an act of the sovereign power, the object of which is to efface and to cause to be forgotten a crime or misdemeanor; the latter is an act of the same authority, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Bouvier; United States y. Bassett, 5 Utah, 131, 13 Pac. 237; Davies v. McKeeby, 5 Nev. 373; State v. Blalock, 61 N. C. 247; Knote v. United States, 95 U. S. 149, 152, 24 L. Ed. 442. Intermingled with. "A thing which is among others is intermingled with them. Commerce among the states cannot stop at the external boundary line of each state, but may be introduced into the in terior." Gibbons v. Ogden, 9 Wheat 194, 6 L. Ed. 23. Where property is directed by will to be Amita maxima. AMITINUS. AMITTERE. AMNESTY. AMONG.