AVONÆ VALLIS, the ancient name of Avondale, or Oundale, in Northamptonshire. AVOW, see ADVOW.

AVOWEE, see ADVOWEE.

AVOWRY, see ADVOWRY.

AVOWTERER, an adulterer. The crime is called Avowtry.

AURENEY, AURNEY, AURIGNEY, the ancient name of Alderney, an island in the English Channel.

DE AUREO VADO, the ancient name of
Guldeford, or Guilford, in Surry.
AURES, a Saxon punishment by cutting off
the ears, inflicted on those who robbed
churches, or were guilty of any other theft.
Fleta, l. 1, c. 38, par. 10.
AURICULARIUS, a secretary. Mon.Ang.120.
AURUM REGINE, Queen's gold.

A

royal revenue, belonging to every Queen Consort during her marriage with the King, and due from every person who has made a voluntary offering or fine to the King, amounting to ten marks or upwards, for and in consideration of any privileges, grants, licenses, pardons, or other matters of royal favour conferred upon him by the King, and it is due in the proportion of one-tenth part more over and above the entire offering or fine made to the King, and becomes an actual debt of record to the Queen's majesty by the mere recording of the fine. Stephen's Com., vol. 2, p. 467. AUSCULTARE, to hear monks read and to direct them how and in what manner they should do it with a graceful tone of accent to make an impression on their hearers, which was required before they were admitted to read publicly in the church. AUSTURCUS, and OSTURCUS, a goshawk, whence a falconer, keeping such kind of hawks is called ostringer. Unum austurcum used to be reserved as a rent to the lord, and may be seen in some ancient deeds. Blount.

AUTER ACTION PENDANT, another action pending.

AUTER DROIT, in right of another, ex. gra.,

a trustee holds trust property in right of his cestui que trust. A prochein amy sues in right of an infant. 2 Bl. Com. 176. AUTREFOIS ACQUIT (formerly acquitted), a plea in criminal cases, when a person is indicted for an offence and acquitted, he cannot be afterwards indicted for the same offence, provided the first indictment were such that he would have been lawfully convicted on it; and, if he be thus indicted a second time, he may plead autrefois acquit, which will be a good bar to the indictment. The true test, by which the question, whether such a plea is a sufficient bar in any particular case, may be tried, is, whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first. R. v. Emden, 9 East, 437. AUTREFOIS ATTAINT (formerly attainted), another plea in criminal cases. Before 7 & 8 Geo. IV., c. 28, § 4, if a man

were attainted of treason or felony, whilst the attainder remained in force, he could not, with certain exceptions, be indicted for another felony, whether such other felony were committed before or after his attainder; because, being already attainted, and, therefore, dead in contemplation of law, and his property forfeited, a prosecution for any other offence was considered useless. But now attainder is no bar, unless for the same offence as that charged in the indictment, and in effect this plea is at an end. 4 Bl.. Com. 337. AUTREFOIS CONVICT (formerly convicted). Before 6 Geo. IV., c. 25, a man convicted of a clergyable felony, and who had prayed the benefit of clergy, might plead such conviction and prayer of clergy in bar of any subsequent indictment, either for the felony of which he was convicted or for any other clergyable felony committed by him previously to his conviction. This statute

restricted the benefit of the allowance of clergy to the individual charge upon which it was allowed, and now a previous conviction can only be pleaded in bar of any subsequent indictment for the felony of which the defendant has previously been convicted. The 7 & 8 Geo. IV., c. 28, § 6, abolished the benefit of clergy in all cases of felony, and the 4th section seems to put an end to this plea.

AUTRE VIE, tenant pour (tenant for another's life). An estate for the life of another is an estate of freehold, though it is the lowest or least estate of freehold, which the law acknowledges. An estate for the life of another is not so great as an estate for one's own life. Read the 4th chap. of Watkins' Principles of Conveyances.

AUTHORITY, a power to do something given by one man to another. Consult Vin. Abr., tit. "Authority," and Sugden on Powers. AVERMENT [verificatio], to avouch or verify the matter in hand. It is twofold:-1. Ge neral, which is the conclusion of every plea to the writ, or in bar of replications and other pleadings, containing matter affirmative and ought to be averred," and this he is ready to verify." 2. Particular, as when the life of tenant for life, or tenant in tail, is averred, and there, though the word verify be not used, but the matter avouched and affirmed, it is upon the matter an averment, 1 Inst. 362.

AVULSION, lands torn off by an inundation or current from property to which they originally belonged and gained to the estate of another; or where a river changes its course, and instead of continuing to flow between two properties, cuts off part of one and joins it to the other property. The property of the part thus separated continues in the original proprietor, in which respect avulsion differs from alluvion, by which an addition is insensibly made to a property by the gradual washing down of the river, and which addition becomes the property of the owner of the lands to which the addition is made.

AVUNCULUS, an uncle by the mother's side.

AVUS, a grandfather.

going and incoming tenant, consult the Table of Customs given in Woodfall's Land. and Tent. by Harrison, p. 513.

CIENDUM ET FILIAM MARITANDAM. An ancient writ which was addressed to the sheriff to levy an aid towards the knighting of a son and the marrying of a daughter. Abolished.

AUXILIUM CURIÆ, a precept or order of Court citing and convening a party, at the suit and request of another, to warrant something. Ken. Paroch. Antiq. 477. AUXILIUM FACERE ALICUI IN CURIA REGIS, to become another's friend or solieitor in the Queen's Courts, an office undertaken for and granted by some courtiers to their dependents in the country. Ibid. 126. AUXILIUM REGIS, the King's aid or money levied for the royal use and the public service, as taxes granted by Parliament. 1 Bl. Com. c. VIII.

AUXILIUM VICECOMITI, a customary aid or duty anciently payable to sheriffs out of certain manors, for the better support of their offices. Mon. Angl.

AWAIT, waylaying, a lying in wait to execute some mischief. 13 Ric. II., st. 2. AWARD, a judgment or arbitration of one or more persons called arbitrators, at the request of two parties who are at variance, for ending a matter in dispute, independently of the process of the Courts, and frequently without the intervention of public authority. The award is in writing and engrossed on a 35s. stamp, or if it contain thirty folios of seventy-two words each or upwards, there must be an additional stamp of 25s. for every full fifteen folios beyond the first fif... teen. A duplicate copy of the award (unstamped) is made, and the parties then have notice that the award is ready to be delivered upon payment of the arbitrators' charges; which notification is publication of the award. Great care should be observed in preparing an award, as after it is published and delivered, the arbitrator is functus officio, (discharged from the duty) and has no authority to rectify or alter it. There is no precise form of words necessary for an award. Bayley's Practice, p. 406; Chitty's Arch., Book IV., part II.; Watson's Arbitration and Award. AWAY-GOING CROPS, those sown during the last year of a tenancy, but not ripe until after the expiration of it. The right which an outgoing tenant has to take an awaygoing crop is sometimes given to him by the express terms of the contract, but where that is not the case, he is generally entitled to do so by the custom of the county: such custom or usage has been held reasonable and valid, and to apply equally to tenants by parol agreement and by deed or written contract of demise, and this for the benefit and encouragement of agriculture. For the custom of the various counties in England, respecting the most important of the rights and liabilities which exist between an out

wine containing forty gallons, mentioned in some statutes. Blount. AWNHINDE, see THIRD-NIGHT AWN

HINDE.

AXELODUNUM, the ancient name of Hex-
am, in the Bishoprie of Durham.
AYLE [De avo, of a grandfather], see AIEL.
AZALDUS, a poor horse or jade. Blount.

B.

BACA, an iron hook, a line with a hook at the end of it. Old Records.

BACCINIUM, or BACINA, a bason or vessel to hold water for washing the hands. There was formerly a service of holding the bason, or waiting at the bason, on the day of the King's coronation.

BACHELACANE SYLVE, the ancient name for the woods of Bagley. BACHELERIA, commonalty or yeomanry, in contradistinguishment to baronage. Old Records.

BACHELOR [a word of uncertain etymology, Junius derives it from Bánλos, Gk., foolish, whence the Italian, Baccalare, a coxcomb; Menage, from bas chevalier, Fr., a knight of the lowest rank; Spelman, from baculus, Lat., a staff; Cujas, from buccella, an allow ance of provision; but the most probable derivation seems to be from bacca-laurus, Lat., the berry of a laurel or bay, because anciently bachelors had their heads adorned with a garland of bay berries]. A man who takes his first degree at the Universities, introduced in the 13th century by Pope Gregory IX. Encyc. Lond. BACKBERINDE,

BACKVERINDE, or BACKBEREND, bearing upon the back or about a man. Where a thief is apprehended with the things stolen in his possession, also called being taken with the mainour, as having the goods in his hand. 2 Inst. 188. It was one of the four circumstances wherein a forester might have arrested the body of a trespasser in a forest; viz., dog-draw, i. e., drawing after a deer that he has burt; stablestand, i. e., at his standing with a knife, gun, bow, or greyhound, ready to shoot or course; back-berend, i. e., carrying away upon his back the deer which he had killed; bloodyhand, i. e., when he had shot or coursed, and was imbrued with blood. 4 Inst. 294. BACK-BOND, a deed, which in conjunction with an absolute disposition constitutes a trust. It expresses the nature of the right actually had by a person to whom the disposition is made. It is equivalent to the English deed of declaration of trust. Scotch Term.

BACKING a warrant of a justice of the peace. Where a warrant which has been granted in one jurisdiction is required to be executed in another, as where a felony has

been committed in one county and the offender is lurking in another county, then, on proof of the handwriting of the justice who granted the warrant, a justice in such other county endorses or writes his name on the back of it, and then gives authority to execute the warrant in such other county. 23 Geo. II., c. 26; 24 Geo. II., c. 55; 13 Geo. III., c. 31; 44 Geo. III., c. 92. BACKSIDE, a term formerly used in conveyances and even in pleadings, and is still adhered to with reference to ancient descriptions in deeds, in continuing the transfers of the same properties; it imports a yard at the back part of or behind a house, and belonging thereto; but though formerly used in pleading, it is now unusual to adopt it, for the word "yard" is preferred. Chit. Gen. Prac., vol. 1, 177; Exodus, c. 3, v. 1. BACO, a bacon hog, used in old charters. BADGE [from bode or bade, a messenger, corrupted from baduge, the credential of a messenger, Junius; or from bagghe, Dut., a jewel; or bague, Fr., a ring. Skinner and Minshew; it seems to come from bajulo, Lat., to carry]. A mark or cognizance worn to shew the relation of the wearer to any person or thing; the token of any thing. Encyc. Lond.

BADGER [baggage, Fr., a bundle, whence bagagier, a carrier of goods]. A person who buys corn or victuals in one place, and carries them to another to sell and make profit by them. The 5 Eliz. c. 12, empowered magistrates to license badgers for one year, upon their entering into certain recognizances. The 7 & 8 Vict. c. 24, utterly took away and abolished the offence of badgering, and repealed the Statutes passed in relation to it, as being pernicious and in restraint of

trade.

BADIZA, an ancient name of Bath, in Somersetshire.

BADONICUS MONS, the ancient name of Barnes Down, near Bath.

B.EDLING (Mollis), "Molles (inquit Alcuinus de offic. Divin.), sunt effeminati, qui vel barbas non habent, sive qui alterius fornicationem sustinent." These are the μaλakoi inentioned by St. Paul, 1 Corinth. vi. 9, obte μαλακοὶ οὔτε ἀρσενοκοίται, κ. τ. λ. The derivation of the Saxon terin is very uncertain. Theod. Lib. Pœnit. xxxviii. 3; Ecgb. Pænit. iv. 68; Ant. Laws of England. BAG, an uncertain quantity of goods and merchandize, from 3 to 400. Lex Mercatoria. BAGA, a bag or purse. Thus there is the Petty Bag Office in the Common Law Jurisdiction of the Court of Chancery, because all original writs relating to the business of the Crown were formerly kept in a little sack or bay in parvá bagú. Madd. Prin. Chan., vol. i, p. 4.

BAGAVEL, Edward 1st granted to the citizens of Exeter, by charter, the collection of a certain tribute or toll upon all manner of wares brought to that city to be sold, to be applied towards the paving of the streets, repairing the walls, and maintaining the city,

BAIL [Báλλew, Gk., to deliver into hands]. To set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his forthcoming, in order that he may be safely protected from prison. Bail and mainpernors are often confounded, but there is this marked distinction between them :mainpernors are merely a person's sureties who cannot imprison him themselves to secure his appearance, but bail may, for they are regarded as his gaolers, to whose custody he is committed, and, therefore, they may take him upon a Sunday and confine him until the next day, and then render him to the proper prison. The word "bail" is never used with a plural termination.

There are several kinds of bail at Common Law, as follow:

1. Common bail, or bail below, is given to the sheriff, after arresting a person, on a bail-bond, entered into by two sureties, on condition that the defendant appear at the day and in such place as the arresting process commands.

2. Special bail, or bai! above, or bail to the action, are persons who undertake generally that if the defendant be condemned in the action, he shall satisfy the debt, costs, and damages, or render himself to the proper prison, or that they will do it for him.

3. Bail in error: when the judgment in the original action was for the plaintiff below, the plaintiff in error must put in and perfect bail, in order that the writ of error should operate as a supersedeas of execution, unless the Court or a Judge order otherwise, but if the plaintiff in the original action happen to be the plaintiff in error, then bail is not necessary. The recognizance of bail in error is conditioned, not alternatively, to pay or to render the principal, but if the judgment should be affirmed, or the writ of error non-prossed, to pay the amount adjudged upon the former judgment, together with the costs and damages. Bail in error, then, unlike any other bail, cannot render their principal in discharge of liability, but must, in the event of his not paying, pay the amount recovered with costs.

4. Bail on an attachment. When a defendant is arrested upon a writ of attachment, he is brought before a Court or a Judge and sworn to answer interrogatories, and then committed, unless by leave of a Court or a Judge, he enter into a recognizance with sureties, for his appearance in Court from day to day, to answer interrogatories concerning such matters as may be objected against him.

F