英文法律词典 A-71

ADVOCATUS. A pleader, a narrator. Bract. 412 a, 372 b.

ADVOWSON, ecclesiastical law. From advow or advocare, a right of presentation to a church or benefice. He who possesses this right is called the patron or advocate, (q. v.) when there is no patron, or he neglects to exercise his right within six months, it is called a lapse¹, i. e. a title is given to the ordinary to collate² to a church; when a presentation is made by one who has no right it is called a usurpation³.

2. Advowsons are of different kinds, as Advowson appendant, when it depends upon a manor⁴, &c. – Advowson in gross, when it belongs to a person and not to a manor. – Advowson presentative, where the patron presents to the bishop⁵. – Advowson donative, where the king or patron puts the clerk into possession without presentation. – Advowson of the moiety⁶ of the church, where there are two several patrons and two incumbents⁷ in the same churcb. – A moiety of advowson, where two must join the presentation, of one incumbent⁸. – Advowson of religious houses, that whicb is vested in the person who founded such a house. Techn. Dict.; 2 Bl. Com. 21; Mirehouse on Advowsons; Com. Dig. Advowson, Quare Impedit; Bac. Ab. Simony; Burn's Eccl. Law, h. t.; Cruise's Dig. Index, h. t.

AFFECTION, contracts. The making over, pawning⁹, or mortgaging a thing to assurp the payment of a sum of money, or the discharge of some other duty or service. Techn. Diet.

AFFEERERS, English law. Those who upon oath settle and moderate fines in courts leet. Hawk¹⁰. 1. 2, c. 112.

TO AFFERE, English law. Signifies either "to affere an amercement," i. e. to mitigate¹¹ the rigor¹² of a fine; or "to affere an account," that is, to confirm it on oath in the exchequer¹³.

AFFIANCE, contracts. From affidare or dare fidem, to give a pledge. A plighting¹⁵ of troth between a man and woman. Litt. s. 39. Pothier, Traite du Mariage, n. 24, defines it to be a an agreement by which a man and a woman promise each other that they will marry together. This word is used by some authors as synonymous with marriage. Co. Litt. 34, a, note 2. See Dig. 23, 1 Code 5, 1, 4; Extrav. 4, 1.

AFFIDARE. To plight¹⁴ one's faith, or give fealty¹⁶, i. e. fidelity¹⁷ by making oath, &c. Cunn. Dict. h. t.

AFFIDATIO DOMINORUM, Eng. law. An oath taken by a lord in parliament.

AFFIDAVIT¹⁸, practice. An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition²⁰ in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte. Gresl. Eq. Ev. 413. Vide Harr. Dig. h. t.

2. Affidavit to hold to bail²¹, is in many cases required before the defendant²² can be arrested; such affidavit must be made by a person who is acquainted with the fact, and must state, 1st, an indebtedness from the defendant to the plaintiff; 2dly, show a distinct cause of action; 3dly, the whole must be clearly and certainly, expressed. Sell. Pr. 104; 1 Chit. R. 165; S. C. 18 Com. Law, R. 59 note; Id. 99.

3. An affidavit of defence, is made by a defendant or a person knowing the facts, in which must be stated a positive ground of defence on the merits. 1 Ashm. R. 4, 19, n. It has been decided²³ that when a writ¹⁹ of summons has been served upon three defendants²⁴, and only one appears, a judgment²⁵ for want of an affidavit of defence may be rendered against au. 8 Watts²⁶, R. 367. Vide Bac. Ab. h. t.