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  ============ bouvier ============
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                                       A
                                 LAW DICTIONARY
                    ADAPTED TO THE CONSTITUTION AND LAWS OF
                          THE UNITED STATES OF AMERICA
                                   AND OF THE
                      SEVERAL STATES OF THE AMERICAN UNION
         With References to the Civil and Other Systems of Foreign Law
                                       by
                                  John Bouvier
             Ignoratis terminis ignoratur et ars. - Co. Litt. 2 a.
             Je sais que chaque science et chaque art a ses termes
                propres, inconnu au commun des hommes. - Fleury
            SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED.
                                    VOL. I.
                          ---------------------------
  
                                  PHILADELPHIA
                       CHILDS & PETERSON, 124 ARCH STREET
                                      1856
  
  Entered according to Act of Congress, in the year one thousand eight hundred
  and thirty-nine, BY JOHN BOUVIER, In the Clerk's Office of the District
  9Court for the Eastern District of Pennsylvania.
                         -----------------------------
  Entered according to Act of Congress, in the year one thousand eight hundred
  and forty-three, BY JOHN BOUVIER, In the Clerk's Office of the District
  Court for the Eastern District of Pennsylvania.
                         -----------------------------
  Entered according to Act of Congress, in the year one thousand eight hundred
  and forty-eight, BY JOHN BOUVIER, In the Clerk's Office of the District
  Court for the Eastern District of Pennsylvania.
                         -----------------------------
  Entered according to Act of Congress, in the year one thousand eight hundred
  and fifty-two, BY ELIZA BOUVIER and ROBERT E. PETERSON, Trustees, In the
  Clerk's Office of the District Court for the Eastern District of
  Pennsylvania.
  
                          Deacon & Peterson, Printers
                             66 South Third Street.
  
                                TO THE HONORABLE
                             JOSEPH STORY, L L.D.,
          One of the Judges of the Supreme Court of the United States
          THIS WORK is WITH HIS PERMISSION MOST RESPECTFULLY DEDICATED
                                 AS A TOKEN OF
       GREAT REGARD ENTERTAINED FOR HIS TALENTS, LEARNING, AND CHARACTER,
                                       BY
                                  THE AUTHOR.
  
                                 ADVERTISEMENT
                              TO THE THIRD EDITION
  
       Encouraged by the success of this work, the author has endeavored to
  render this edition as perfect as it was possible for him to make it.  He
  has remoulded very many of the articles contained in the former editions,
  and added upwards of twelve hundred new ones.
       To render the work as useful as possible, he has added a very copious
  index to the whole, which, at the same time that it will assist the
  inquirer, will exhibit the great number of subjects treated in these
  volumes.
       As Kelham's Law Dictionary has been published in this city, and can be
  had by those who desire to possess it, that work has not been added as an
  appendix to this edition.
                         Philadelphia, November, 1848.
  
  
                                 ADVERTISEMENT
                             TO THE FOURTH EDITION
  
       Since the publication of the last edition of this work, its author,
  sincerely devoted to the advancement of his profession, has given to the
  world his Institutes of American Law, in 4 vols. Svo.  Always endeavoring to
  render his Dictionary as perfect as possible, he was constantly revising it;
  and whenever he met with an article which he had omitted, he immediately
  prepared it for a new edition.  After the completion of his Institutes, in
  September last, laboring to severely, he fell a victim to his zeal, and died
  on the 18th of November, 1851, at the age of sixty-four.
       In preparing this edition, not only has the matter left by its author
  been made use of, but additional matter has been added, so that the present
  will contain nearly one-third more than the last edition.  Under one head,
  that of Maxims, nearly thirteen hundred new articles have been added.  The
  book has been carefully examined, a great portion of it by two members of
  the bar, in order that it might be purged, as far as possible, from all
  errors of every description.  The various changes in the constitutions of the
  states made since the last edition, have been noticed, so far as was
  compatible with this work; and every effort made to render it as perfect as
  a work of the kind would permit, in order that it might still sustain the
  reputation given to it by a Dublin barrister, "of being a work of a most
  elaborate character, as compared with English works of a similar nature, and
  one which should be in every library."
       That it may still continue to receive the approbation of the Bench and
  Bar of the United States, is the sincere desire of the widow and daughter of
  its author.
  
  
                                    PREFACE
  
  To the difficulties which the author experienced on his admission to the
  bar, the present publication is to be attributed.  His endeavours to get
  forward in his profession were constantly obstructed, and his efforts for a
  long time frustrated, for want of that knowledge which his elder brethren of
  the bar seemed to possess.  To find among the reports and the various
  treatises on the law the object of his inquiry, was a difficult task; he was
  in a labyrinth without a guide: and much of the time which was spent in
  finding his way out, might, with the friendly assistance of one who was
  acquainted with the construction of the edifice, have been saved, and more
  profitably employed.  He applied to law dictionaries and digests within his
  reach, in the hope of being directed to the source whence they derived their
  learning, but be was too often disappointed; they seldom pointed out the
  authorities where the object of his inquiry might be found.  It is true such
  works contain a great mass of information, but from the manner in which they
  have been compiled, they sometimes embarrassed him more than if he had not
  consulted them.  They were written for another country, possessing laws
  different from our own, and it became a question how far they were or were
  not applicable here.  Besides, most of the matter in the English law
  dictionaries will be found to have been written while the feudal law was in
  its full vigor, and not fitted to the present times, nor calculated for
  present use, even in England.  And there is a great portion which, though
  useful to an [vii] English lawyer, is almost useless to the American
  student.  What, for example, have we to do with those laws of Great Britain
  which relate to the person of their king, their nobility, their clergy,
  their navy, their army; with their game laws; their local statutes, such as
  regulate their banks, their canals, their exchequer, their marriages, their
  births, their burials, their beer and ale houses, and a variety of similar
  subjects?
       The most modern law dictionaries are compilations from the more
  ancient, with some modifications and alterations and, in many instances,
  they are servile copies, without the slightest alteration.  In the mean time
  the law has undergone a great change.  Formerly the principal object of the
  law seemed to be to regulate real property, in all its various artificial
  modifications, while little or no attention was bestowed upon the rules
  which govern personal property and rights.  The mercantile law has since
  arisen, like a bright pyramid, amid the gloom of the feudal law, and is now
  far more important in practice, than that which refers to real estate.  The
  law of real property, too, has changed, particularly in this country.
       The English law dictionaries would be very unsatisfactory guides, even
  in pointing out where the laws relating to the acquisition and transfer of
  real estate, or the laws of descent in the United States, are to be found.
  And the student who seeks to find in the Dictionaries of Cowel, Manly,
  Jacobs, Tomlins, Cunningham, Burn, Montefiore, Pott, Whishaw, Williams, the
  Termes de Ley, or any similar compilation, any satisfactory account in
  relation to international law, to trade and commerce, to maritime law, to
  medical jurisprudence, or to natural law, will probably not be fully
  gratified.  He cannot, of course, expect to find in them anything in
  relation to our government, our constitutions, or our political or civil
  institutions.[viii]
       It occurred to the author that a law dictionary, written entirely
  anew, and calculated to remedy those defects, would be useful to the
  profession.  Probably overrating his strength, he resolved to undertake the
  task, and if he should not fully succeed, he will have the consolation to
  know, that his effort may induce some more gifted individual, and better
  qualified by his learning, to undertake such a task, and to render the
  American bar an important service.  Upon an examination of the constitution
  and laws of the United States, and of the several states of the American
  Union, he perceived many technical expressions and much valuable information
  which he would be able to  incorporate in his work.  Many of these laws,
  although local in their nature, will be found useful to every lawyer,
  particularly those engaged in mercantile practice.  As instances of such laws
  the reader is referred to the articles Acknowledgment, Descent, Divorce,
  Letters of Administration, and Limitatio.  It is within the plan of this
  work to explain such technical expressions as relate to the legislative,
  executive, or judicial departments of the government; the political and the
  civil rights and duties of the citizens; the rights and duties of persons,
  particularly such as are peculiar to our institutions, as, the rights of
  descent and administration; of the mode of acquiring and transferring
  property; to the criminal law, and its administration.  It has also been an
  object with the author to embody in his work such decisions of the courts as
  appeared to him to be important, either because they differed from former
  judgments, or because they related to some point which was before either
  obscure or unsettled.  He does not profess to have examined or even referred
  to all the American cases; it is a part of the plan, however, to refer to
  authorities, generally, which will lead the student to nearly all the cases.
       The author was induced to believe, that an occasional comparison of the
  civil, canon, and other systems of foreign law, with our own,[ix] would be
  useful to the profession, and illustrate many articles which, without such
  aid, would not appear very clear; and also to introduce many terms from
  foreign laws, which may supply a deficiency in ours.  The articles
  Condonation, Extradition, and Novation, are of this sort.  He was induced to
  adopt this course because the civil law has been considered, perhaps not
  without justice, the best system of written reason, and as all laws are or
  ought to be founded in reason, it seemed peculiarly proper to have recourse
  to this fountain of wisdom: but another motive influenced this decision; one
  of the states of the Union derives most of its civil regulations from the
  civil law; and there seemed a peculiar propriety, therefore, in introducing
  it into an American law dictionary.  He also had the example of a Story, a
  Kent, Mr. Angell, and others, who have ornamented their works from the same
  source.  And he here takes the opportunity to acknowledge the benefits which
  he has derived from the learned labors of these gentlemen, and of those of
  Judge Sergeant, Judge Swift, Judge Gould, Mr. Rawle, and other writers on
  American law and jurisprudence.
       In the execution of his plan, the author has, in the first place,
  defined and explained the various words and phrases, by giving their most
  enlarged meaning, and then all the shades of signification of which they are
  susceptible; secondly, he has divided the subject in the manner which to him
  appeared the most natural, and laid down such principles and rules as belong
  to it; in these cases he has generally been careful to give an illustration,
  by citing a case whenever the subject seemed to require it, and referring to
  others supporting the same point; thirdly, whenever the article admitted of
  it, he has compared it with the laws of other countries within his reach,
  and pointed out their concord or disagreement; and, fourthly, he has
  referred to the authorities, the abridgments, digests, and the [x] ancient
  and modem treatises, where the subject is to be found, in order to
  facilitate the researches of the student.  He desires not to be understood
  as professing to cite cases always exactly in point; on the contrary, in
  many instances the authorities will probably be found to be but distantly
  connected with the subject under examination, but still connected with it,
  and they have been added in order to lead the student to matter of which he
  may possibly be in pursuit.
       To those who are aware of the difficulties of the task, the author
  deems it unnecessary to make any apology for the imperfections which may be
  found in the work.  His object has been to be useful; if that has been
  accomplished in any degree, he will be amply rewarded for his labor; and he
  relies upon the generous liberality of the members of the profession to
  overlook the errors which may have been committed in his endeavors to serve
  them.
                         PHILADELPHIA, September, 1839.
  
  
                                       A
                                 LAW DICTIONARY
  
  A, the first letter of the English and most other alphabets, is frequently
  used as an abbreviation, (q.v.) and also in the marks of schedules or
  papers, as schedule A, B, C, &c.  Among the Romans this letter was used in
  criminal trials.  The judges were furnished with small tables covered with
  wax, and each one inscribed on it the initial letter of his vote; A, when he
  voted to absolve the party on trial; C, when he was for condemnation; and N
  L, (non liquet) when the matter did not appear clearly, and be desired a new
  argument.
  
  
  

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