英文法律词典 A-91
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AMBASSADOR, interaational law. A public minister sent abroad by some sovereign state or prince, with a legal commission and authority to transact1 business on behalf of his country with the government to which he is sent. He is a minister of the highest rank, and represents the person of his sovereign.

2. The United States have always been represented by ministers plenipotentiary, never having sent a person of the rald of an, ambassador in the diplomatic sense. 1 Kent's Com. 39, n.

3. Ambassadors, when acknowledged as such, are exempted2, absolutely from all allegiance, and from all responsibility to the laws. If, however, they should be so regardless of their duty, and of the object of their privilege, as to insult or openly to attack the laws of the government, their functions may be suspended by a refusal to treat with them, or application can be made to their own sovereign for their recall, or they may be dismissed, and required to depart within a reasonable time. By fiction of law, an ambassador is considered as if he were out of the territory of the foreign power; and it is an implied agreement among nations, that the ambassador, while he resides in the foreign state, shall be considered as a member of his own country, and the government he represents has exclusive cognizance of his conduct, and control of his person. The attendants of the ambassador are attached to his person, and the effects in his use are under his protection and privilege, and, generally, equally exempt3 from foreign jurisdiction4.

4. Ambassadors are ordinary or extraordinary. The former designation is exclusively applied5 to those sent on permanent missions; the latter, to those employed on particular or extraordinary occasions, or residing at a foreign court for an indeterminate period. Vattel, Droit des Gens, 1. 4, c. 6, 70-79.

5. The act of dtigress of April 30th, 1790, s. 25, makes void any writ6 or process sued forth7 or prosecuted8 against any ambassador authorized9 and received by the president of the United States, or any domestic servant of such ambassador; and the 25th section of the same act, punishes any person who shall sue forth or proseeute such writ or process, and all attorneys – and soliciters prosecuting10 or soliciting11 in such case, and all officers executing such writ or process, with an imprisonment12 not exceeding three years, and a fine at the discretion13 of the court. The act provides that citizens or inhabitants of the United States who were indebted when they went into the service of an ambassador, shall not be protected as to such debt; and it requires also that the names of such servants shall be registered in the office of the secretary of state. The 16th section imposes the like punishment on any person offering violence to the person of an ambassador or other minister. P Vide 1 Kent, Com. 14, 38, 182; Rutherf. Inst. b. 2, c. 9; Vatt. b. 4, c. 8, s. 113; 2 Wash. C. C. R. 435; Ayl. Pand. 245; 1 Bl. Com. 253; Bac. Ab. h. t.; 2 Vin. Ab. 286; Grot. lib. 2, c. 8, 1, 3; 1 Whart. Dig. 382; 2 Id. 314; Dig. l. 50, t. 7; Code I. 10, t. 63, l. 4; Bouv. Inst. Index, h. t.

6. The British statute14 7 Ann, cap. 12; is similar in its provisions; it extends to the family and servants of an ambassador, as well when they are the natives of the country in which the ambassador resides, as when they are foreigners whom he brings with him. (3 Burr. 1776-7) To constitute a domestic servant within the meaning of the statute, it is not necessary that the servant should lodge15, at night in the house of the ambassador, but it is necessary to show the nature of the service he renders and the actual performance of it. 3 Burr. 1731; Cases Temp. Hardw. 5. He must, in fact, prove that he is bona fide the ambassador's servant. A land waiter at the custom house is not such, nor entitled to the privilege of the statute. 1 Burr. 401. A trader is not entitled to the protection of the statute. 3 Burr. 1731; Cases Temp. Hardw. 5. A person in debt cannot be taken into an ambassador's service in order to protect him. 3 Burr. 1677.

AMBIDEXTER. It is intended by this Latin word, to designate one who plays on both sides; in a legal sense it is taken for a juror or embraceor who takes money from the parties for giving his verdict. This is seldom or never done in the United States.

AMBIGUITY16, contracts, construction. When au expression has been used in an instrument of writing which may be understood in more than one sense, it is said there is an ambiguity,

2. There are two sorts of amiguities of words, ambiguitas latens and ambiguitas patens.

3. The first occurs when the deed or instrument is sufficiently17 certain and free from ambiguity, but the ambiguity is produced by something extrinsic18, or some collateral19 matter out of the instrument; for example, if a man devise property to his cousin A B, and he has two cousins of that name, in such case parol evidence will be received to explain the ambiguity.

4. The second or patent ambiguity occurs when a clause in a deed, will, or other instrument, is so defectively20 expressed, that a court of law, which has to put a construction on the instrument, is unable to collect the intention of the party. In such case, evidence of the declaration of the party cannot be submitted to explain his intention, and the clause will be void for its uncertainty21. In Pennsylvania, this rule is somewhat qualified22. 3 Binn. 587; 4 Binn. 482. Vide generally, Bac. Max. Reg. 23; 1 Phu. Ev. 410 to 420; 3 Stark23. Ev. 1021 ; I Com. Dig. 575; Sudg. Vend24. 113. The civil law on this subject will be found in Dig. lib. 50, t. 17, 1. 67; lib. 45, t. 1, 1. 8; and lib. 22, t. 1, 1. 4.



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1 transact hn8wE     
v.处理;做交易;谈判
参考例句:
  • I will transact my business by letter.我会写信去洽谈业务。
  • I have been obliged to see him;there was business to transact.我不得不见他,有些事物要处理。
2 exempted b7063b5d39ab0e555afef044f21944ea     
使免除[豁免]( exempt的过去式和过去分词 )
参考例句:
  • His bad eyesight exempted him from military service. 他因视力不好而免服兵役。
  • Her illness exempted her from the examination. 她因病而免试。
3 exempt wmgxo     
adj.免除的;v.使免除;n.免税者,被免除义务者
参考例句:
  • These goods are exempt from customs duties.这些货物免征关税。
  • He is exempt from punishment about this thing.关于此事对他已免于处分。
4 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
5 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
6 writ iojyr     
n.命令状,书面命令
参考例句:
  • This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。
  • You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。
7 forth Hzdz2     
adv.向前;向外,往外
参考例句:
  • The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
  • He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。
8 prosecuted Wk5zqY     
a.被起诉的
参考例句:
  • The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
  • The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。
9 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
10 prosecuting 3d2c14252239cad225a3c016e56a6675     
检举、告发某人( prosecute的现在分词 ); 对某人提起公诉; 继续从事(某事物); 担任控方律师
参考例句:
  • The witness was cross-examined by the prosecuting counsel. 证人接受控方律师的盘问。
  • Every point made by the prosecuting attorney was telling. 检查官提出的每一点都是有力的。
11 soliciting ca5499d5ad6a3567de18f81c7dc8c931     
v.恳求( solicit的现在分词 );(指娼妇)拉客;索求;征求
参考例句:
  • A prostitute was soliciting on the street. 一名妓女正在街上拉客。 来自《简明英汉词典》
  • China Daily is soliciting subscriptions. 《中国日报》正在征求订户。 来自《现代英汉综合大词典》
12 imprisonment I9Uxk     
n.关押,监禁,坐牢
参考例句:
  • His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
  • He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。
13 discretion FZQzm     
n.谨慎;随意处理
参考例句:
  • You must show discretion in choosing your friend.你择友时必须慎重。
  • Please use your best discretion to handle the matter.请慎重处理此事。
14 statute TGUzb     
n.成文法,法令,法规;章程,规则,条例
参考例句:
  • Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
  • The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。
15 lodge q8nzj     
v.临时住宿,寄宿,寄存,容纳;n.传达室,小旅馆
参考例句:
  • Is there anywhere that I can lodge in the village tonight?村里有我今晚过夜的地方吗?
  • I shall lodge at the inn for two nights.我要在这家小店住两个晚上。
16 ambiguity 9xWzT     
n.模棱两可;意义不明确
参考例句:
  • The telegram was misunderstood because of its ambiguity.由于电文意义不明确而造成了误解。
  • Her answer was above all ambiguity.她的回答毫不含糊。
17 sufficiently 0htzMB     
adv.足够地,充分地
参考例句:
  • It turned out he had not insured the house sufficiently.原来他没有给房屋投足保险。
  • The new policy was sufficiently elastic to accommodate both views.新政策充分灵活地适用两种观点。
18 extrinsic ulJyo     
adj.外部的;不紧要的
参考例句:
  • Nowadays there are more extrinsic pressures to get married.现在来自外部的结婚压力多了。
  • The question is extrinsic to our discussion.这个问题和我们的讨论无关。
19 collateral wqhzH     
adj.平行的;旁系的;n.担保品
参考例句:
  • Many people use personal assets as collateral for small business loans.很多人把个人财产用作小额商业贷款的抵押品。
  • Most people here cannot borrow from banks because they lack collateral.由于拿不出东西作为抵押,这里大部分人无法从银行贷款。
20 defectively c6b91e38c925998b801266315e379638     
adv.有缺陷地,缺乏地
参考例句:
  • This machine functions only defectively. 这台机器性能有缺陷。 来自互联网
21 uncertainty NlFwK     
n.易变,靠不住,不确知,不确定的事物
参考例句:
  • Her comments will add to the uncertainty of the situation.她的批评将会使局势更加不稳定。
  • After six weeks of uncertainty,the strain was beginning to take its toll.6个星期的忐忑不安后,压力开始产生影响了。
22 qualified DCPyj     
adj.合格的,有资格的,胜任的,有限制的
参考例句:
  • He is qualified as a complete man of letters.他有资格当真正的文学家。
  • We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。
23 stark lGszd     
adj.荒凉的;严酷的;完全的;adv.完全地
参考例句:
  • The young man is faced with a stark choice.这位年轻人面临严峻的抉择。
  • He gave a stark denial to the rumor.他对谣言加以完全的否认。
24 vend 5f2zVj     
v.公开表明观点,出售,贩卖
参考例句:
  • Hardware Malfunction,call your hardware vend or for support.硬件故障,请让你的硬件提供商提供技术支持。
  • Vend is formal and indicates the selling of small articles.Vend较正式,指出售小件商品。
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