AUTHORITIES, practice. By this word is understood the citations which
are made of laws, acts of the legislature, and decided cases, and opinions of
elementary writers. In its more confined sense, this word means, cases decided
upon solemn argument which are said to 'be authorities for similar judgments iii
like cases. 1 Lilly's Reg. 219. These latter are sometimes called precedents.
(q. v.) Merlin, Repertoire, mot Autorites.
2. It has been remarked, that when we find an opinion in a text writer upon
any particular point, we must consider it not merely as the opinion of the
author, but as the supposed result of the authorities to which he refers; 3 Bos.
& Pull. 361; but this is not always the case, and frequently the opinion is
advanced with the reasons which support it, and it must stand or fall as these
are or are not well founded. A distinction has been made between writers who
have, and those who have not holden a judicial station; the former are
considered authority, and the latter are not so considered unless their works
have been judicially approved as such. Ram. on Judgments, 93. But this
distinction appears not to be well founded; some writers who have occupied a
judicial station do not possess the talents or the learning of others who have
not been so elevated, and the works or writings of the latter are much more
deserving the character of an authority than those of the former. See 3 T. R. 4,
AUTHORITY, contracts. The delegation of power by one person to
2. We will consider, 1. The delegation 2. The nature of the authority. 3. The
manner it is to be executed. 4. The effects of the authority.
3. – 1. The authority may be delegated by deed, or by parol. 1. It may be
delegated by deed for any purpose whatever, for whenever an authority by parol
would be sufficient, one by deed will be equally so. When the authority is to do
something which must be performed through the medium of a deed, then the
authority must also be by deed, and executed with all the forms necessary, to
render that instrument perfect; usless, indeed, the principal be present, and
verbally or impliedly authorizes the agent to fix his name to the deed; 4 T. R.
313; W. Jones, R. 268; as, if a man be authorized to convey a tract of land, the
letter of attorney must be by deed. Bac. Ab. h. t.; 7 T. R. 209; 2 Bos. &
Pull, 338; 5 Binn. 613;. 14 S. & A. 331; 6 S. & R. 90; 2 Pick. R. 345; 6
Mass. R. 11; 1 Wend. 424 9 Wend. R. 54, 68; 12 Wend. R. 525; Story, Ag. 49; 3
Kent, Com. 613, 3d edit.; 3 Chit. Com. Law, 195. But it does not require a
written authority to sign an unscaled paper, or a contract in writing not under
seal. Paley on Ag. by Lloyd, 161; Story, Ag. 50.
4. – 2. For many purposes, however, the authority may be by parol, either in
writing not under seal, or verbally, or by the mere employment of the agent.
Pal. on Agen. 2. The exigencies of commercial affairs render such an appointment
indispensable; business would be greatly embarrassed, if a regular letter of
attorney were required to sign or negotiate a promissory note or bill of
exchange, or sell or buy goods, or write a letter, or procure a policy for
another. This rule of the common law has been adopted and followed from the
civil law. Story, Ag. 47; Dig. 3, 3, 1, 1 Poth. Pand. 3, 3, 3; Domat, liv. 1,
tit. 15, 1, art. 5; see also 3 Chit. Com. Law, 5, 195 7 T. R. 350.
5. – 2. The authority given must have been possessed by the person who
delegates it, or it will be void; and it must be of a thing lawful, or it will
not justify the person to whom it is given. Dyer, 102; Kielw. 83. It is a maxim
that delegata potestas non potest delegari, so that an agent who has a mere
authority must execute it himself, and cannot delegate his authority to a
sub-agent. See 5 Pet. 390; 3 Story, R. 411, 425; 11 Gill & John. 58; 26
Wend. 485; 15 Pick. 303, 307; 1 McMullan, 453; 4 Scamm. 127, 133; 2 Inst. 597.
6. Authorities are divided into general or special. A general authority is
one which extends to all acts connected with a particular employment; a special
authority is one confined to "an individual instance." 15 East, 408; Id. 38.
7. They are also divided into limited and unlimited. When the agent is bound
by precise instructions, it is limited; and unlimited when be is left to pursue
his own discretion. An authority is either express or implied.
8. An express authority may be by deed of by parol, that is in writing not
under seal, or verbally.. The authority must have been actually given.
9. An implied authority is one which, although no proof exists of its having
been actually given, may be inferred from the conduct of the principal; for
example, when a man leaves his wife without support, the law presumes he
authorizes her to buy necessaries for her maintenance; or if a master, usually
send his servant to buy goods for him upon credit, and the servant buy some
things without the master's orders, yet the latter will be liable upon the
implied authority. Show. 95; Pal. on Ag. 137 to 146.
10. – 3. In considering in what manner the authority is to be executed, it
will be necessary to examine, 1. By whom the authority must be executed. 2. In
what manner. 3. In what time.
11. – 1. A delegated authority can be executed only by the person to whom it
is given, for the confidence being personal, cannot be assigned to a stranger. 1
Roll. Ab. 330 2 Roll. Ab. 9 9 Co. 77 b .; 9 Ves. 236, 251 3 Mer. R. 237; 2 M.
& S. 299, 301.
12. An authority given to two cannot be executed by one. Co. Litt. 112 b, 181
b. And an authority given to three jointly and separately, is not, in general,
well executed by two. Co. Litt. 181 b; sed vide 1 Roll. Abr. 329, 1, 5; Com.
Dig. Attorney, C 8 3 Pick. R. 232; 2 Pick. R. 345; 12 Mass. R. 185; 6 Pick. R.
198; 6 John. R. 39; Story, Ag. 42. These rules apply to on authority of a
private nature, which must be executed by all to whom it is given; and notto a
power of a public nature, which may be executed by all to whom majority. 9
Watts, R. 466; 5 Bin. 484, 5; 9 S, & R. 99. 2. When the authority is
particular, it must in general be strictly pursued, or it will be void, unless
the variance be merely circumstantial. Co. Litt. 49 b, 303, b; 6 T. R. 591; 2 H.
Bl. 623 Co. Lit. 181 , b; 1 Tho. Co. Lit. 852.
13. – 2. As to the form to be observed in the execution of an authority, it
is a general rule that an act done under a power of attorney must be done in the
name Of the person who gives a power, and not in the attorney's name. 9 Co. 76,
77. It has been holden that the name of the attorney is not requisite. 1 W.
& S. 328, 332; Moor, pl. 1106; Str. 705; 2 East, R. 142; Moor, 818; Paley on
Ag. by Lloyd, 175; Story on Ag. 146 T 9 Ves. 236: 1 Y. & J. 387; 2 M. &
S. 299; 4 Campb. R. 184; 2 Cox, R. 84; 9 Co. R. 75; 6 John. R. 94; 9 John. Pi,.
334; 10 Wend. R. 87; 4 Mass. R. 595; 2 Kent, Com. 631, 3d ed. But it matters not
in what words this is done, if it sufficiently appear to be in the name of the
principal, as, for A B, (the principal,) C D, (the attorney,) which has been
held to be sufficient. See 15 Serg. & R. 55; 11 Mass. R. 97; 22 Pick. R.
168; 12 Mass. R. 237 9 Mass. 335; 16 Mass. R. 461; 1 Cowen, 513; 3 Wend. 94;
Story, Ag. 154,275, 278, 395; Story on P. N., 69; 2 East, R. 142; 7 Watt's R.
121 6 John. R. 94. But see contra, Bac. Ab. Leases, J 10; 9 Co, 77; l Hare &
Wall. Sel. Dec. 426.
14. – 3. The execution musr take place during the continuance, of the
authority, which is determined either by revocation, or performance of the
15. In general, an authority is revocable, unless it be given as a security,
or it be coupled with an interest. 3 Watts & Serg. 14; 4 Campb. N. P. 272; 7
Ver. 28; 2 Kent's Com. 506; 8 Wheat. 203; 2 Cowen, 196; 2 Esp. N. P. Cases, 565;
Bac. Abr. h. t. The revocation (q. v.) is either express or implied; when it is
express and made known to the person authorized, the authority is at an end; the
revocation is implied when the principal dies, or, if a female, marries; or the
subject of the authority is destroyed, as if a man have authority to sell my
house, and it is destroyed by fire or to buy for me a horse, and before the
execution of the authority, the horse dies.
16. When once the agent has exercised all the authority given to him, the
authority is at an end.
17. – 4. An authority is to be so construed as to include all necessary or
usual means of executing it with effect 2 H. Bl. 618; 1 Roll. R. 390; Palm. 394
10 Ves. 441; 6 Serg. & R. 149; Com'. Dig. Attorney, C 15; 4 Campb. R. 163
Story on Ag. 58 to 142; 1 J. J. Marsh. R. 293 5 Johns. R. 58 1 Liv. on Ag. 103,
4 and when the agent acts, avowedly as such, within his authority, he is not
personally responsible . Pal. on Ag. 4, 5. Vide, generally, 3 Vin. Ab. 416; Bac.
Ab. h. f.; 1 Salk. 95 Com. Dig. h. t., and the titles there referred to. 1 Roll.
Ab. 330 2 Roll. Ab. 9 Bouv. Inst. Index, h. t. and the articles, Attorney;
Agency; Agent; Principal.
AUTHORITY, government. The right and power which an officer has in the
exercise of a public function to compel obedience to his lawful commands. A
judge, for example, has authority to enforce obedience to his not being correct.
Merlin, Repertoire, mot Authentique.
AUTOCRACY. The name of a government where the monarch is unlimited by
law. Such is the power of the emperor of Russia, who, following the example of
his predecessors, calls himself the autocrat of all the Russias.
AUTRE VIE. Another's life. Vide, Pur autre vie.
AUTREFOIS. A French word, signifying formerly, at another time; and is
usually applied to signify that something was done formerly, as autrefois
acquit, autrefois convict, &c.
AUTREFOIS ACQUIT, crim. law, pleading. A plea made by a defendant,
indicted for a crime or misdemeaner, that he has formerly been tried and
acquitted of the same offence. See a form of this plea in Arch. Cr. PI. 90.
2. To be a bar, the acquittal must have been by trial, and by the verdict of
a jury on a valid indictment. Hawk. B. 2, c. 25, s. 1; 4 Bl. Com. 335. There
must be an acquittal of the offence charged in law and in fact. Stark. PI. 355;
2 Swift's Dig. 400 1 Chit. Cr. Law, 452; 2 Russ. on Cr. 41.
3. The Constitution of the U. S., Amend. Art. 5, provides that no person
shall be subject for the same offence to be put twice in jeopardy of life or
limb. Vide generally, 12 Serg. & Rawle, 389; YeIv. 205 a, note.
AUTREFOIS ATTAINT, crim. law. Formerly attainted.
2. This is a good plea in bar, where a second trial would be quite
superfluous. Co. Litt. 390 b, note 2; 4 Bl. Com. 336. Where, therefore, any
advantage either to public justice, or private individuals, would arise from a
second prosecution, the plea will not prevent it; as where the criminal is
indicted for treason after an attainder of felony, in which case the punishment
will be more severe and more extensive. 3 Chit. Cr. Law, 464.
AUTREFOIS CONVICT, crim. law, pleading. A plea made by a defendant,
indicted for a crime or misdemeanor, that he has formerly been tried and
convicted of the same.
2. As a man once tried and acquitted of an offence is not again to be placed
in jeopardy for the same cause, so, a fortiori, if he has suffered the penalty
due to his offence, his conviction ought to be a bar to a second indictment for
the same cause, least he should be punished twice for the same crime. 2 Hale,
251; 4 Co, 394; 2 Leon,. 83.
3. The form of this plea is like that of autrefois acquit; (q. v.) it must
set out the former record, and show the identity of the offence and of the
person by proper averments. Hawk. B. 2, c. 36; Stark. Cr. Pi. 363; Arcb. Cr, PI,
92; 1 Chit. Cr. Law, 462; 4 Bl. Com. 335; 11 Verm. R. 516.
AVAIL. Profits of land; hence tenant paravail is one in actual
possession, who makes avail or profits of the land. Ham. N. P. 393.
AVALUM. By this word is understood the written engagement of a third
person to guaranty and to become security that a bill of exchange shall be paid
AVERAGE. A term used in commerce to signify a contribution made by the
owners of the ship, freight and goods, on board, in proportion to their
respective interests, towards any particular loss or expense sustained for the
general safety of the ship and cargo; to the end that the particular loser may
not be a greater sufferer than the owner of the ship and the other owners of
goods on board. Marsh. Ins. B. 1, c. 12, s. 7; Code de Com. art. 397; 2 Hov.
Supp. to Ves. jr. 407; Poth. Aver. art. Prel.
2. Average is called general or gross average, because it falls generally
upon the whole or gross amount of the ship, freight and cargo; and also to
distinguish it from what is often though improperly termed particular average,
but which in truth means a particular or partial, and not a general loss; or has
no affinity to average properly so called. Besides these there are other small
charges, called petty or accustomed averages; such as pilotage, towage,
light-money, beaconage, anchorage, bridge toll, quarantine, river charges,
signals, instructions, castle money, pier money, digging the ship out of the
ice, and the like.
3. A contribution upon general average can only be claimed in cases where,
upon as much deliberate on and consultation between the captain and his officers
as the occasion will admit of, it appears that the sacrifice at the time it was
made, was absolutely and indispensably necessary for the preservation of the
ship and cargo. To entitle the owner of the goods to an average contribution,
the loss must evidently conduce to the preservation of the ship and the rest of
the cargo; and it must appear that the ship and the rest of the cargo were in
fact saved. Show. Ca. Parl. 20. See generally Code de Com. tit. 11 and 12; Park,
Ins. c. 6; Marsh. Ins. B. 1, c. 12, s. 7 4 Mass. 548; 6 Mass. 125; 8 Mass. 467;
1 Caines' R. 196; 4 Dall. 459; 2 Binn. 547 4 Binn. 513; 2 Serg. & Rawle,
237, in note; 2 Serg. & Rawle, 229 3 Johns. Cas. 178; 1 Caines' R. 43; 2
Caines' R. 263; Id. 274; 8 Johns. R . 237, 2d edit 9 Johns. R. 9; 11 Johns. R
315 1 Caines' R. 573; 7 Johns R. 412; Wesk. Ins. tit. Average; 2 Barn. &
Crest. 811 1 Rob. Adlm. Rep. 293; 2 New Rep. 378 18 Ves. 187; Lex. Mer. Armer.
ch. 9; Bac Abr. Merchant, F; Vin. Abr. Contribution and' Average; Stev. on Av.;
Ben. on Av.
AVERIA. Cattle. This word, in its most enlarged signification is used
to include horses of the plough, oxen and cattle. Cunn. Dict. h. t.
AVERIIS CAPTIS IN WlTHERNAM, Eng. law. The name of a writ which lies
in favor of a man whose cattle have been unlawfully taken by another, and driven
out of the county where they were taken, so that they cannot be replevied.
2. This writ issues against the wrong doer to take his cattle to the
plaintiff's use. Reg. of Writs, 82.
AVERMENT, pleading. Comes from the Latin verificare, or the French
averrer, and signifies a positive statement of facts in opposition to argument
or inference. Cowp. 683, 684.
2. Lord Coke says averments are two-fold, namely, general and particular. A
general averment is that which is at the conclusion of an offer to make good or
prove whole pleas containing new affirmative matter, but this sort of averment
only applies to pleas, replications, or subsequent pleadings for counts and a
vowries which are in the nature of counts, need not be averred, the form of such
averment being et hoc paratus. est verificare.
3. Particular averments are assertions of the truth of particular facts, as
the life of tenant or of tenant in tail is averred: and, in these, says Lord
Coke, et hoc, &c., are not used. Co. Litt. 362 b. Again, in a particular
averment the party merely protests and avows the truth of the fact or facts
averred, but in general averments he makes an offer to prove and make good by
evidence what he asserts.
4. Averments were formerly divided into immaterial and impertinent; but these
terms are now treated as synonymous. 3 D. & R. 209. A better division may be
made of immaterial or impertinent averments, which are those which need not be
stated, and, if stated, need not be proved; and unnecessary averments, which
consist of matters which need not be alleged, but if alleged, must be proved.
For example, in an action of assumpsit, upon a warranty on the sale of goods,
allegation of deceit on the part of the seller is impertinent, and need not be
proved. 2 East, 446; 17 John. 92. But if in an action by a lessor against his
tenant, for negligently keeping his fire, a demise for seven years be alleged,
and the proof be a lease at will only, it will be a fatal variance; for though
an allegation of tenancy generally would have been sufficient, yet having
unnecessarily qualified it, by stating the precise term, it must be proved as
laid. Carth. 202.
5. Averments must contain not only matter, but form. General averments are
always in the same form. The most common form of making particular averments is
in express and direct words, for example: And the party avers or in fact saith,
or although, or because, or with this that, or being, &c. But they need not
be in these words, for any words which necessarily imply the matter intended to
be averred are sufficient. See, in general, 3 Vin. Abr. 357 Bac. Abr. Pleas, B 4
Com. Dig. Pleader, C 50, C 67, 68, 69, 70; 1 Saund. 235 a, n. 8 3 Saund. 352, n.
3; 1 Chit. PI. 308; Arch. Civ. PI. 163; Doct. PI. 120; 1 Lilly's Reg. 209 United
States Dig. Pleading II (c); 3 Bouv. Inst. n. 2835-40.
AVOIDANCE, eccl. law. It is when a benefice becomes vacant for want of
an incumbent; and, in this sense, it is opposed to plenarty. Avoidances are in
fact, as by the death of the incumbent or in law.
AVOIDANCE, pleading. The introductiou of new or special matter, which,
admitting the premises of the opposite party, avoids or repels his conclusions.
Gould on PI. c. 1 24, 42.
AVOIR DU POIS, comm. law. The name of a peculiar weight. This kind of
weight is so named in distinction from the Troy weight. One pound avoir du pois
contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and
sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce
sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature
of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds
avoir du pois, or two thousand two hundred and forty pounds net weight. Dane's
Abr. c. 211, art. 12, 6. The avoir du pois ounce is less than the Troy ounce in
the proportion of 72 to 79; though the pound is, greater. Eneye. Amer. art.
Avoir du pois., For the derivation of this phrase, see Barr. on the Stat. 206.
See the Report of Secretary of State of the United States to the Senate,
February 22d, 1821, pp. 44, 72, 76, 79, 81, 87, for a learned exposition of the
AVOUCIIER. The call which the tenant makes on another who is bound to
him by warranty to come into court, either to defend the right against the
demandant, or to yield him other land in value. 2 Tho. Co. Lit. 304.
AVOW or ADVOW, practice. Signifies to justify or maintain an act
formerly done. For example, when replevin is brought for a thing distrained, and
the distrainer justifies the taking, he is said to avow. Termes de la Ley. This
word also signifies to bring forth anything. Formerly when a stolen thing was
found in the possession of any one" he was bound advocare, i. e. to produce the
seller from whom he alleged he had bought it, to justify the sale, and so on
till they found the thief. Afterwards the word was taken to mean anything which
a man admitted to be his own or done by him, and in this sense it is mentioned
in Fleta, lib. 1, c. 5, par 4. Cunn., Dict. h. t.
AVOWANT, practice, pleading. One who makes an avowry.
AVOWEE, eccl. law. An advocate of a church benefice.
AVOWRY, pleading. An avowry is where the defendant in an action of
replevin, avows the taking of the distress in his own right, or in right of his
wife, and sets forth the cause of it, as for arrears of rent, damage done, or
the like. Lawes on PI. 35 Hamm. N. P. 464; 4 Bouv. Inst. n. 3571.
2. An avowry is sometimes said to be in the nature of an action or of. a
declaration, and privity of estate is necessary. Co. Lit. 320 a; 1 Serg. &
R. 170-1. There is no general issue upon an avowry and it cannot be traversed
cumulatively. 5 Serg. & R. 377. Alienation cannot be replied to it without
notice; for the tenure is deemed to exist for the purposes of an avowry till
notice be given of the alienation. Ham. Parties, 131-2; Ham. N. P. 398, 426.
AVOWTERER, Eng. law. An adulterer with whom a married woman continues
in adultery. T. L.
AVOWTRY, Eng. law. The crime of adultery.
AVULSION. Where, by the immediate and manifest power of a river or
stream, the soil is taken suddenly from one man's estate and carried to another.
In such case the property belongs to the first owner. An acquiescence on his
part, however, will in time entitle the owner of the land to which it is
attached to claim it as his own. Bract. 221; Harg. Tracts, De jure maris,
&c. Toull. Dr. Civ. Fr. tom. 3, p. 106; 2. Bl. Com. 262; Schultes on Aq.
Rights, 115 to 138. Avulsion differs from alluvion (q. v.) in this, that in the
latter case the change of the soil is gradual and imperceptible.
AVUS. Grandfather. This term is used in making genealogical
AWAIT, crim. law. Seems to signify what is now understood by lying in
wait, or way-laying.
AWARD. The judgment of an arbitrator or arbitrators on a matter
submitted to him or them : arbitrium est judicium. The writing which contains
such judgment is also called an award.
2. The qualifications requisite to the validity of an award are, that it be
consonant to the submission; that it be certain; be of things possible to be
performed, and not contrary to law or reason; and lastly, that it be final.
3. – 1. It is manifest that the award must be confined within the powers
given to the arbitrators, because, if their decisions extend beyond that
authority, this is all assumption of, power not delegated, which cannot legally
affect the parties. Kyd on Aw. 140 1 Binn. 109; 13 Johns. 187 Id. 271; 6 Johns.
13, 39 11 Johns. 133; 2 Mass. 164; 8 Mass. 399; 10 Mass. 442 Caldw. on Arb. 98;
2 Harring. 347; 3 Harring. 22; 5 Sm. & Marsh. 172; 8 N. H. Rep. 82; 6 Shepl.
251; 12 Gill & John. 456; 22 Pick. 144. If the arbitrators, therefore,
transcend their authority, their award pro tanto will be void but if the void
part affect not the merits. of the submission, the residue will be valid. 1
Wend. 326; 13 John. 264; 1 Cowen, 117 2 Cowen, 638; 1 Greenl. 300; 6 Greenl.
247; 8 Mass. 399; 13 Mass. 244; 14 Mass.43; 6 Harr. & John. 10; Doddr. Eng,
Lawyer, 168-176; Hardin, 326; 1 Yeates, R. 513.
4. – 2. The award ought to be certain, and so expressed that no reasonable
doubt can arise on the face of it, as to the arbitrator's meaning, or as to the
nature and extent of the duties imposed by it on the parties. An example of such
uncertainty may be found in the following cases: An award, directing one party
to bind himself in an obligation for the quiet enjoyment of lands, without
expressing in what sum the obligor should be bound. 5 Co. 77 Roll. Arbit. Q 4.
Again , an award that one should give security to the other, for the payment of
a sum of money, or the performance of any particular, act, when the kind of
security is not specified. Vin. Ab. Arbitr. Q 12; Com. Dig. Arbitrament, E 11
Kyd on Aw. 194 3 S. & R. 340 9 John. 43; 2 Halst. 90; 2 Caines, 235 3 Harr.
& John. 383; 3 Ham. 266 1 Pike, 206; 7 Metc. 316 5 Sm. & Marsh. 712 13
Verm. 53; 5 Blackf. 128; 2 Hill, 75 3 Harr 442.
5. – 3. It must be possible to be performed, be lawful and reasonable. An
award that could not by any possibility be performed, as if it directed that the
party should deliver a deed not in his possession, or pay a sum of money at a
day past, it would of course be void. But the, award that the party should pay a
sum of money, although he might not then be able to do so, would be binding. The
award must not direct anything to be done contrary to law, such as the
performance of an act which would render the party a trespasser or a felon, or
would subject him to an action. It must also be reasonable, for if it be of
things nugatory in themselves, and offering no advantage to either of the
parties, it cannot be enforced. Kirby, 253.
6. – 4. The award must be final that is, it must conclusively adjudicate all
the matters submitted. 1 Dall. 173 2 Yeates, 4 Rawle, 304; 1 Caines, 304 Harr.
& Gill, 67 Charlt. 289; 3 Pike) 324; 3 Harr. 442; 1 P. S. R. 395; 4 Blackf.
253; 11 Wheat. 446. But if the award is as final as, under the circumstances of
the case it might be expected, it will be considered as valid. Com. Dig.
Arbitrament, E 15. As to the form, the award may be by parol or by deed, but in
general it must be made in accordance with the provisions and requirements of
the submission. (q. v.) Vide, generally, Kyd on Awards, Index, h. t.; Caldwell
on Arbitrations, Index, h. t.; Dane's Ab. c. 13; Com. Dig. Arbitrament, E; Id
Chancery, 2 K 1, &c.; 3 Vin. Ab. 52, 372 1 158 15 East, R. 215; 1 Ves. Jr.
364 1 Saund. 326, notes 1, 2, and 3; Wats. on Arbitrations and Awards; 3 Bouv.
Inst., n. 2402 to 2500.
AWM, or AUME. An ancient measure, used in measuring Rhenish wines it
contained forty gallons. AYANT CAUSE. French law. This term, which is used in
Louisiana, signifies one to whom a right has been assigned, either by will,
gift, sale, exchange, or the like. An assignee. An ayant cause differs from an
heir who acquires the right by inheritance. 8 Toull. n. 245.
AYUNTAMIENTO, Spanish law. A congress of persons the municipal council
of a city or town. 1 White's Coll. 416; 12 Pet. 442, notes.