英文法律词典 A-79

AGISTMENT, contracts. The taking of another person's cattle into one's own ground to be fed, for a consideration to be paid by the owner. The person who receives the cattle is called an agister.

2. An agister is bound to ordinary diligence, and of course is responsible for loses by ordinary negligence¹; but he does not insure the safety of the cattle agisted. Jones, Bailm. 91; I Bell's Com. 458; Holt's N. P. Rep. 547; Story, Bail². 443; Bac. Ab. Tythes, C l.

AGNATES. In the sense of the Roman law were those whose propinquity was connected by males only; in the relation of cognates, one or more females were interposed.

2. By the Scotch⁴ lanv, agnates are all those who ar related by the father, even though females intervene; cognates are those who are related by the mother. Ersk. L. Scot. B. 1, t. 7, s. 4.

AGNATI, in descents. Relations on the father's side: they are different from the cognati, they being relations on the mother's side, affines, who are allied⁵ by marriage, and the propinqui, or relations in general. 2 Bl. Com. 235; Toull. Dr. Civ. Fr. tome 1, p. 139; Poth. Pand. Tom. 22, p. 27. Calvini Lex.

AGNATION, in descents. The relation by blood which exists between such males as are descended⁶ from the same father; in distinction from cognation or consanguinity⁷, which includes the descendants from females. This term is principally used in the civil law.

AGRARIAN⁸ LAW. Among the Romans, this name was given to a law, which had for its object, the division among the people of all the lands which had been conquered, and which belonged to the domain⁹ of the state.

AGREEMENT, contract. The consent of two or more persons concurring¹⁰, respecting the transmissiou of some property, right or benefit, with a view of contracting an obligation. Bac. Ab. h.t.; Com. Dig. h.t.; Vin. Ab. h.t.; Plowd. 17; 1 Com. Contr. 2; 5 East's R. 16. It will be proper to consider, 1, the requisites¹² of an agreement; 2, the kinds of agreements; 3, how they are annulled¹³.

2. – 1. To render an agreement complete six things must concur¹¹; there must be, 1, a person able to contract; 2, a person able to be contracted with; 3, a thing to be contracted for; 4, a lawful¹⁴ consideration, or quid pro³ quo; 5, words to express the agreement; 6, the assent¹⁵ of the contracting parties. Plowd. 161; Co. Litt. 35, b.

3. – 2. As to their form, agreements are of two kinds; 1, by parol, or, in writing, as contradistinguished from specialties¹⁶; 2, by specialty¹⁷, or under seal. In relation to their performance, agreements are executed or executory. An agreement is said to be executed when two or more persons make over their respective rights in a thing to one another, and thereby¹⁸ change the property therein, either presently and at once, or at a future time, upon some event that shall give it full effect, without either party trusting to the other; as where things are bought, paid for and delivered. Executory agreements, in the ordinary acceptation of the term, are such contracts as rest on articles, memorandums, parol promises, or undertakings¹⁹, and the like, to be performed in future, or which are entered into preparatory to more solemn and formal alienations of prtperty. Powel on Cont. Agreements are also conditional²⁰ and unconditional²¹. They are conditional when some condition must be fulfilled before they can have full effect; they are unconditional when there is no condition attached;

4. – 3. Agreements are annulled or rendered of no effect, first, by the acts of the parties, as, by payment; release – accord and satisfction; rescission, which is express or implied; 1 Watts²² & Serg. 442; defeasance; by novation: secondly²³, by the acts of the law, as, confusion; merger²⁴; lapse²⁵ of time; death, as when a man who has bound himself to teach an apprentice²⁶, dies; extinction²⁷ of the thing which is the subject of the contract, as, when the agreement is to deliver a certain horse and before the time of delivery he dies. See Discharge of a Contract.

5. The writing or instrument containing an agreement is also called an agreement, and sometimes articles of agreement.(q. V.)

6. It is proper, to remark that there is much dfference between an agreement and articles of agreement which are only evidence of it. From the moment that the parties have given their consent, the agreement or contraet is formed, and, whether it can be proved or not, it has not less the quality to bind²⁸ both contracting parties. A want of proof does not make it null, because that proof may be supplied aliunde, and the moment it is obtained, the contract may be enforced.

7. Again, the agreement may be mull, as when it was obtained by fraud, duress²⁹, and the like; and the articles of agreement may be good, as far as the form is concerned. Vide Contract. Deed; Guaranty; Parties to Contracts.

AGRI. Arable³⁰ land in the common fields. Cunn. Dict. h. t.