APPORTIONMENT, in Law, a dividing of a Rent into two Parts or Portions, according as the Land whence it issues, is divided among two, or more. See RENT, DIVISION, PARTITION, etc. Thus if a Man, having a Rent-Service issuing out of Land, purchase a part of the Land; the Rent shall be apportioned, according to the Value of the Land. So if a Man let Lands for Years, reserving Rent; the Rent shall be apportioned. But a Rent Charge cannot be apportioned, nor Things that are entire; as if one hold Land by Service, to pay to his Lord yearly at such a Feast a Horse or a Rose; there, if the Lord purchase a part of the Land, this Service is totally extinct; because such things cannot be divided without hurt to the whole. Yet, in some cases, a Rent Charge shall be apportioned: As, if a Man hath a Rent-Charge issuing out of Land, and his Father purchases a part of the Land charged in fee, and dies; and this Parcel descends to his Son, who hath the Rent-Charge: there the Charge shall be apportioned according to the Value of the Land; because such Portion of the Land, purchased by the Father, comes not to the Son by his own Act, but by Descent, and Course of Law. Common appendant is of common Right, and severable: And though the Commoner, in such case, purchase a Parcel of Land wherein the Common is appendant; yet the Common shall be apportioned. But in this case, Common appurtenant, not appendant, becomes extinct by such Purchase. Coke.
APPREHENSION, in Law, signifies the seizing a Criminal, in order to bring him to Justice.
ARATRUM Terrae, in our ancient law-books, as much land as can be tilled with one plough. Hoc manerium est 30 aratrorum. See CARUCATA TERRAE. Aratura Terrae, an ancient service which the tenant was to do his lord, by ploughing his land. See SERVICE, etc.
ARBITER, in civil law, a judge nominated by the magistrate, or chosen voluntarily by two contending parties, on whom they confer a power, by compromise, of deciding their difference according to law.
See FIDES and COMPROMISE.
See FIDES and COMPROMISE.
ARCHERY, in our ancient customs, a service of keeping a bow for the use of the lord, to defend his castle. SeeService.
ARRAIGN, or Arrain, in law, signifies to set a thing in order, or in its place. See ARRANGEMENT.
Thus, he is said to arraign a writ of novel disseisin, who prepares and fits it for trial before the justices of the circuit. In this sense Littleton says, the lessee arraigns an assize of novel disseisin—To arraign the assize, is to cause the tenant to be called to make the plaint, and to set the cause in such order, as the tenant may be forced to answer thereto.
Thus, he is said to arraign a writ of novel disseisin, who prepares and fits it for trial before the justices of the circuit. In this sense Littleton says, the lessee arraigns an assize of novel disseisin—To arraign the assize, is to cause the tenant to be called to make the plaint, and to set the cause in such order, as the tenant may be forced to answer thereto.
ARRAIGNMENT, or Arraignment, in law, the act of arraigning, or setting a thing in order.
See ARRAIGNING.
The modern Philosophy shows us, that the Diversity of Colours depends entirely on the Situation and the Arrangement of the Parts, which reflect the Light differently; the Diversity of Taste and Smells on the different Arrangements of the Pores, which render them differently sensible; and the Diversity of Bodies on the different Arrangement of their Parts. See BONY, &c.;The happy Arrangement of Words makes one of the greatest Beauties of Discourse. See CONSTRUCTION, etc.
See ARRAIGNING.
The modern Philosophy shows us, that the Diversity of Colours depends entirely on the Situation and the Arrangement of the Parts, which reflect the Light differently; the Diversity of Taste and Smells on the different Arrangements of the Pores, which render them differently sensible; and the Diversity of Bodies on the different Arrangement of their Parts. See BONY, &c.;The happy Arrangement of Words makes one of the greatest Beauties of Discourse. See CONSTRUCTION, etc.
ARRAY, in Law,the ranking or ordering a Jury or Inquest of Men impaneled on any Cause. See JURY, INQUEST, etc.
The Word may be derived either from the obsolete French Array, Order, or from Raye, a Line—Hence the Verb, to Array a Panel, Ann. 3 Hen. V. etc. that is, to set forth the Men empaneled one by another. The Array shall be quashed, ib. By the Statute, every Array in Assize ought to be made four days before.—Hence also, to challenge the Array; see CHALLENGE.
The Word may be derived either from the obsolete French Array, Order, or from Raye, a Line—Hence the Verb, to Array a Panel, Ann. 3 Hen. V. etc. that is, to set forth the Men empaneled one by another. The Array shall be quashed, ib. By the Statute, every Array in Assize ought to be made four days before.—Hence also, to challenge the Array; see CHALLENGE.
ASSART, in Law, an Offence committed in the Forest, by pulling up, by the Roots, Woods which serve as Thickets and Covert for the Deer, and making them plain as arable Land. See FOREST. This is the greatest Trespass that can be committed inthe Forest, being more than a Waste. For whereas Wasteof the Forest is but the felling and cutting down the Coverts,which may grow again; Assart is a total Extirpation thereof. See WASTE. What we call Assartum, is elsewhere termed Disboscatio. Assart was also used for a Parcel of Land assarted. See ASSART.