ANCILLARY. That which is subordinate on, or is. subordinate to, some
other decision. Encyc. Lond. 1
ANDROLEPSY. The taking by one nation of the citizens or subjects of
another, in order to compel the latter to do justice to the former. Wolff. 1164;
Molloy, de Jure lar. 26.
ANGEL. An ancient English coin of the value of ten shillings sterling.
Jac. L. D. h. t.
ANIENS. In some of our law books signifies void, of no force. F. N. B.
ANIMAL, property. A name given to every animated being endowed with
the power of voluntary motion. In law, it signifies all animals except those of
the him, in species.
2. Animals are distinguished into such as are domitae, and such as are ferae
3. It is laid down, that in tame or domestic animals, such as horse, kine,
sheep, poultry, and the like, a man may have an absolute property, because they
coutiaue perpetually in his possession and occupation, and will not stray from
his house and person unless by accident or fraudulent enticement, in either of
which cases the owner does not lose his property. 2 Bl. Com. 390; 2 Mod. 319.
4. But in animals ferae naturae, a man can have no absolute property; they
belong to him only while they continue in his keeping or actual possession; for
if at any they regain their natural liberty, his property instantly ceases,
unless they have animum revertendi, which is only to be known by their usual
habit of returning. 2 Bl. Com. 396; 3 Binn. 546; Bro. Ab. Propertie, 37; Com.
Dig. Biens, F; 7 Co. 17 b; 1 Ch. Pr. 87; Inst. 2, 1, 15. See also 3 Caines' Rep.
175; Coop. Justin. 457, 458; 7 Johns. Rep. 16; Bro. Ab. Detinue, 44.
5. The owner of a mischievous animal, known to him to be so, is responsible,
when he permits him to go at large, for the damages he may do. 2 Esp. Cas. 482;
4 Campb. 198; 1 Starkie's Cas. 285; 1 Holt, 617; 2 Str.1264; Lord Raym. 110; B.
N. P. 77; 1 B. & A. 620; 2 C. M.& R. 496; 5 C.& P. 1; S. C. 24 E. C.
L. R. 187. This principle agrees with the civil law. Domat, Lois Civ. liv. 2, t.
8, s. 2. And any person may justify the killing of such ferocious animals. 9
Johns. 233; 10. Johns. 365; 13 Johns. 312. The owner, of such an animal may be
indicted for a common nuisance. 1 Russ. Ch. Cr. Law, 643; Burn's Just.,
6. In Louisiana, the owner of an animal is answerable for the damage he may
cause; but if the animal be lost, or has strayed more than a day, he may
discharge himself from this responsibility, by abandoning him to the person who
has sustained the injury; except where the master turns loose a dangerous or
noxious animal; for then he must pay all the harm done, without being allowed to
make the abndonment. Civ. Code, art. 2301. See Bouv. Inst. Index, h. t.
ANIMANLS OF A BASE NATURE. Those which, though they may be reclaimed,
are not Such that at common law a larceny may be committed of them, by reason of
the baseness of their nature. Some animals, which are now usually tamed, come
within this class; as dogs and cats; and others which, though wild by nature,
and oftener reclaimed by art and industry, clearly fall within the same rule;
as, bears, foxes, apes, monkeys, ferrets, and the like. 3 Inst. 109,; 1 Hale, P.
C. 511, 512; 1 Hawk. P. C. 33, s. 36; 4 Bl. Com. 236; 2 East, P. C. 614. See 1
Saund. Rep. 84, note 2.
ANIMUS. The intent; the mind with which a thing is done, as animus.
cancellandi, the intention of cancelling; animus farandi, the intention of
stealing; animus maiaendi; the intention of remaining; auimus morandi, the
intention or purpose of delaying.
2. Whether the act of a man, when in appearance criminal, be so or not,
depends upon the intention with which it was done. Vide Intention.
ANIMUS CANCELLANDI. An intention to destroy or cancel. The least
tearing of a will by a testator, animus cancellandi, renders it invalid. See
ANIMUS FURANDI, crim. law. The intention to steal. In order to
comstitute larceny, (q. v.) the thief must take the property anino furandi; but
this, is expressed in the definition of larceny by the word felonious. 3 Inst.
107; Hale, 503; 4. Bl. Com. 229. Vide 2 Russ. on Cr. 96; 2 Tyler's R. 272. When
the taking of property is lawful, although it may afterwards be converted animo
furandi to the taker's use, it is not larceny. 3 Inst. 108; Bac. Ab. Felony, C;
14 Johns. R. 294; Ry. & Mood. C. C. 160; Id. 137; Prin. of Pen. Law, c. 22,
3, p. 279, 281.
ANIMUS MANENDI. The intention of remaining. To acquire a domicil, the
party must have his abode in one place, with the intention of remaining there;
for without such intention no new domicil can be gained, and the old will not be
lost. See Domicile.
ANIMUS RECIPIENDI. The intention of receiving. A man will acquire no
title to a thing unless he possesses it with an intention of receiving it for
himself; as, if a thing be bailed to a man, he acquires no title.
ANIMUS REVERTENDI. The intention of returning. A man retains his
domicil, if he leaves it animo revertendi. 3 Rawle, R. 312; 1 Ashm. R. 126;
Fost. 97; 4 Bl. Com. 225; 2 Russ. on Cr. 18; Pop. 42,. 62; 4 Co. 40.
ANIMUS TESTANDI. An intention to make a testament or will. This is
required to make a valid will; for whatever form may have been adopted, if there
was no animus testandi, there can be no will. An idiot for example, can make no
will, because he has no intention.
ANN, Scotch law. Half a year's stipend over and above what is owing
for the incumbency due to a minister's relict, or child, or next of kin, after
his decease. Wishaw. Also, an abbreviation of annus, year; also of annates. In
the old law French writers, ann or rathe r an, signifies a year. Co. Dig h.
ANNATES, ecc. law. First fruits paid out of spiritual benefices to the
pope, being, the value of one year's profit.
ANNEXATION, property. The union of one thing to another.
2. In the law relating to fixtures, (q. v.) annexation is actual or
constructive. By actual annexation is understood every movement by which a
chattel can be joined or united to the freehold. By constructive annexation is
understood the union of such things as have been holden parcel of the realty,
but which are not actually annexed, fixed, or fastened to the freehold; for
example, deeds, or chattels, which relate to the title of the inheritance. Shep.
Touch. 469. Vide Anios & Fer. on Fixtures, 2.
3. This term has been applied to the union of one country, to another; as
Texas was annexed to the United States by the joint reolution of Congress of
larch 1, 1845., See Texas.
ANNI NUBILES. The age at which a girl becomes by law fit for marriage,
which is twelve years.
ANNIENTED. From the French aneantir; abrogated or made null. Litt.
ANNO DOMINI, in the year of our Lord, abbreviated, A. D. The
computation of time from the incarnation of our Saviour which is used as the
date of all public deeds in the United tites and Christian countries, on which
account it is called the "vulgar vera."
ANNONAE CIVILES, civil law. A species of rent issuing out of certain
lands, which were paid to Rome monasteries.
ANNOTATION, civil law. The designation of a place of deportation. Dig.
32, 1, 3 or the summoning of an, absentee. Dig. lib. 5.
2. In another sense, annotations were the answers of the prince to questions
put to him by private persons respecting some doubtful point of law. See
ANNUAL PENSION, Scotch law. Annual rent. A yearly profit due to a
creditor by way of interest for a given sum of money. Right of annual rent, the
original right of burdening land with payment yearly for the payment of
ANNUITY, contracts. An anuity is a, yearly sum of money granted by one
party to another in fee for life or years, charging the person of the grantor
only. Co. Litt. 144; 1 Lilly's Reg. 89; 2 Bl. Com. 40; 5 M. R. 312; Lumley on
Annuities. 1; 2 Inst. 293; Davies' Rep. 14, 15.
2. In a less technical sense, however, when the money is chargeable on land
and on the person, it is generally called an annuity. Doet. and Stud Dial. 2,
230; Roll. Ab. 226. See 10 Watts, 127.
3. An anuuity is different from a rent charge, with which it is frequently
confounded, in this; a rent charge is a burden imposed upon and issuing out of
lands, whereas an annuity is chargeable only upon the person of the grantee.
Bac. Abr. Annuity, A. See, for many, regulations in England relating to
annuities, the Stat,. 17 Geo. III. c. 26.
4. An annuity may be created by contract, or by will. To enforce the payment
of an annuity, the common law gives a writ of annuity which may be brought by
the grantee or his heirs, or their grantees, against the grantor and his heirs.
The action of debt cannot be maintained at the common law, or by the Stat. of 8
Anne, c. 14, for the arrears of an annuity devised to A, payable out of lands
during the life of B, to whom the lands are devised for life, B paying the
annuity out of it, so long as the freehold estates continues. 4 M. & S. 113;
3 Brod. & Bing. 30; 6 Moore, 336. It has been ruled also, that if an action
of annuity be brought, and the annuity determines pending the suit, the writ
faileth forever because no such action is maintainable for arrearages only, but
for the annuity and the arrearages. Co. Litt. 285, a.
5. The first payment of an annuity is to be made at the time appointed in the
instrument creating it. In cases where testator directs the annuity to be paid
at the end of the first quarter, or other period before the expiration of the
first year after his death, it is then due; but in fact it is not payable by the
executortill the end of the year. 3 Mad. Ch. R. 167. When the time is not
appointed, as frequently happens in will, the following distinction is presumed
to exist. If the bequest be merely in the form of an annuity as a gift to a man
of "an annuity of one hnndred dollars for life" the first payment will be due at
the end of the year after the testator's death. But if the disposition be of a
sum of money, and the interest to be given as an annuity to the same man for
life, the first payment will not accrue before the expiration of the second year
after ihe testator's death. This distinction, though stated from the bench, does
not appear to have been sanctioned by express decision. 7 Ves. 96, 97.
6. The Civil Code of Louisiana makes the following provisions in relation to
annuities, namely: The contract of annuity is that by which one party delivers
to another a sum of money, and agrees not to reclaim it, so long as the receiver
pays the rent agreed upon. Art. 2764.
7. This annuity mav be perpetual or for life. Art. 2765.
8. The amount of the annuity for life can in no case exceed the double of the
conventional interest. The amount of the perpetual annuity cannot exceed the
double of the conventional interest. Art. 2766.
9. Constituted annuity is essentially redeemable. Art. 2767.
10. The debtor of a constituted annuity may be compelled to redeem the same:
1, If he ceases fulfilling his obligations during three years: 2, If he does not
give the lender the securities promised by the contract. Art. 2768.
11. If the debtor should fail, or be in a state of insolvency, the capital of
the constituted annuity becomes exigible, but only up to the amount at wich it
is rated, according to the order of contribution amongst the creditors. Art.
12. A similar rule to that contained in the last article has been adopted in
England. See stat. 6 Geo. IV., c. 16, s. 54 and 108; note to Ex parte James, 5
Ves. 708; l Sup. to Ves. Jr. 431; note to Franks v. Cooper, 4 Ves. 763; 1 Supp.
to Ves. Jr. 308. The debtor, continues the Code, may be compelled by his
security to redeem the annuity within the time which has been fixed in the
contract, if any time has been fixed, or after ten years, if no mention be made
of the time in the act. Art. 2770.
13. The interest of the sums lent, and the arrears of constituted and life
annuity, cannot bear interest but from the day a judicial demand of the same has
been made by the creditor, and when the interest is due for at least one whole
year. The parties may only agree, that the same shall not be redeemed prior to a
time which cannot exceed ten years, or without having warned the creditor a time
before, which they shall limit. Art. 2771. See generally, Vin. Abr. Annuity;
Bac. Abr. Annuity and Rent; Com. Dig. Annuity; 8 Com. Dig. 909; Doct. Plac. 84;
1 Rop. on Leg. 588; Diet. de Jurisp. aux mots Rentes viageres, Tontine. 1 Harr.
Dig. h. t.
ANNUM DIEM ET VASTUM, English law. The title which the king acquires
in land, when a party, who held not of the king, is attainted of felony. He
acquires the power not only to take the profits for a full year, but to waste
and demolish houses, and to extirpate woods and trees.
2. This is but a chattel interest.
ANONYMOUS. Without name. This word is applied to such books,
letters or papers, which are published without the author's name.
No man is bound to publish his name in connexion with a book or
paper he has publisbed; but if the publication is libellous, he
is equally responsible as if his name were published.
ANSWER, pleading in equity. A defence in writing made by a defendant,
to the charges contained in a bill or information, filed by the plaintiff
against him in a court of equity. The word answer involves a double sense; it is
one thing when it simply replies to a question, another when it meets a charge;
the answer in equity includes both senses, and may be divided into an
examination and a defence. In that part which consists of an examination, a
direct andfull answer, or reply, must in general be given to every question
asked. In that part which consists of a defence, the defendant must state his,
case distinctly; but is not required to give information respecting the proofs
that are to maintain it. Gresl . Eq. Ev. 19.
2. As a defendant is called by a bill or information to make a discovery of
the several cbarges it contains, he must do so, unless he is protected either by
a demurrer a plea or disclaimer. It may be laid down as an invariable rule, that
whatever part of a bill or information is not covered by one of these, must be
defended by answer. Redesd. Tr. Ch. PI. 244.
3. In form, it usually begins, 1st, with its title, specifying which of the
defendants it is the answer of, and the names of the plaintiffs in the cause in
which it is filed as answer; 2d, it reserves to the defendant all the advantages
which might be taken by exception to the bill; 3d, the substance of the answer,
according to the defendant's knowledge, remembrance, information and belief,
then follows, in which the matter of the bill, with the interrogatories founded
thereon, are answered, one after the other, together with such additional matter
as the defendant thinks necessary to bring forward in his, defence, either for
the purpose of qualifying, or adding to, the case made by the bill, or to state
a new case on his own behalf; 4th, this is followed by a general traverse or
denial of all unlawful combinations charged in the bill, and of all other
matters therein contained 5th, the answer is always upon oath or affirmation,
except in the case of a corporation, in which case it is under the corporate
4. In substance, the answer ought to contain, 1st, a statement of facts and
not arguments 2d, a confession and avoidance, or traverse and denial of the
material parts of the bill 3d, its language ought to be direct and without
evasion. Vide generally as to answers, Redes. Tr. Ch. PI. 244 to 254; Coop. Pl.
Eq. 312 to 327; Beames PI. Eq. 34 et seq.; Bouv. Inst. Index, h. t. For an
historical account of this instrument, see 2 Bro. Civ. Law, 371, n. and Barton's
Hist. Treatise of a Suit in Equity.