KFLCC Kingdom Law 2nd Ed.

73

ANTICHRESIS

ANSEL

country before a revolution, change of govern ment or dynasty, or other political event, such that the question of his rights, status, or allegi ance will depend upon the date of his birth with reference to such event. In England, the term commonly denotes one born before the act of union with Scotland; in America, one born before the declaration of independence. Its op posite is post natus, one born after the event.

ANSEL, ANSTJL, or AUNCEL. In old English law. An ancient mode of weigh ing by hanging scales or hooks at either end of a beam or staff, which, being lifted with one's finger or hand by the middle, showed the equality or difference between the weight at one end and the thing weighed at the other. Termes de la Ley, 66. Any pleading Betting up matters of fact by way of defense. In chancery pleading, the term denotes a defense in writing, made by a defendant to the allegations contained in a bill or informa tion filed by the plaintiff against him. In pleading, under the Codes of Civil Pro cedure, the answer is the formal written statement made by a defendant setting forth the grounds of his defense; corresponding to what, in actions under the common-law prac tice, is called the "plea." In Massachusetts, the term denotes the statement of the matter intended to be relied upon by the defendant in avoidance of the plaintiff's action, taking the place of special pleas in bar, and the general issue, except in real and mixed actions. Pub. St. Mass. 1882, p. 1287. In matrimonial suits in the (English) pro bate, divorce, and admiralty division, an an swer is the pleading by which the respond ent puts forward his defense to the petition. Browne, Div. 223. Under the old admiralty practice in Eng land, the defendant's first pleading was called his "answer." Williams & B. Adm. Jur. 246. In practice. A reply to interrogatories; an affidavit in answer to interrogatories. The declaration of a fact by a witness after a question has been put, asking for it. As a verb, the word denotes an assumption of liability, as to "answer" for the debt or default of another. —Voluntary answer, in the practice of the court of chancery, was an answer put in by a defendant, when the plaintiff had filed no inter rogatories which required to be answered. Hunt, Eq. In the Roman law. A transcript or counterpart of the instrument called "apocha," signed by the debtor and delivered to the creditor. Calvin. Lat. Before. Usually employed in old pleadings as expressive of time, as prce (before) was of place, and coram (before) of person. Townsh. PI. 22. Occurring In a report or a text-book, it Is used to refer the reader to a previous part of the book. —Ante exhibitionem billse. Before the ex hibition of the bill. Before suit begun.— Ante factum or ante-gestum. Done before. A Roman law term for a previous act, or thing done before.— Ante litem motam. Before Buit brought; before controversy instituted.— Ante natus. Born before. A person born be fore another person or before a particular event. The term is particularly applied to one born in a ANSWER. In pleading. ANTAPOCHA. ANTE.

ANTEA.

Lat. Formerly; heretofore.

ANTECESSOR.

An ancestor, (q. v.)

ANTEDATE. To date an instrument as of a time before the time it was written. ANTEJURAMENTUM. In Saxon law. A preliminary or preparatory oath, (called also "prcejuramentum," and "juramentum calumnies,") which both the accuser and ac cused were required to make before any trial or purgation; the accuser swearing that he would prosecute the criminal, and the ac cused making oath on the very day that he was to undergo the ordeal that he was inno cent of the crime with which he was charged. Whishaw. ANTENUPTIAL. Made or done before a marriage. Antenuptial settlements are set tlements of property upon the wife, or up on her and her children, made before and in, contemplation of the marriage. ANTHROPOMETRY. In criminal law and medical jurisprudence. The measure ment of the human body; a system of meas uring the dimensions of the human body, both absolutely and In their proportion to each other, the facial, cranial, and other angles, the shape and size of the skull, etc., for purposes of comparison with correspond ing measurements of other individuals, and serving for the identification of the subject in cases of doubtful or disputed identity. See BEBTILLON SYSTEM. A term used in international law to denote a proclamation or manifesto published by one of two belliger ent powers, alleging reasons why the war is defensive on its part. In the civil law. A species of mortgage, or pledge of immovables. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Repert.; Marquise De Portes v. Hurlbut, 44 N. J. Eq. 517, 14 Atl. 89U. A debtor may give as security for his debt any immovable which belongs to him, the creditor having the right to enjoy the use of It on account of the interest due, or of the capital if there is no interest due; this is called "antichresis." Civ. Code Mex. art. 1927. ANTI MANIFESTO. ANTICHRESIS.

By the law of Louisiana, there are two kinds of pledges,—the pawn and the antichresis. A