英文法律词典 A-96

ANATHEMA¹, eccl. law. A punishment by which a person is separate from, the body of the church, and forbidden all intercourse² with the faithful: it differs from excommunication, which simply forbids the person excommunicated, from going into the church and communicating with the faithful. Gal³. 1. 8, 9.

ANATOCISM, civil law. Usury⁴, which consists in taking interest on interest, or receiving compound interest. This is forbidden. Code, lib. 4, t. 32, 1, 30; 1 Postlethwaite's Dict.

2. Courts of equity⁵ have considered contracts for compounding interest illegal, and within the statute⁶ of usury. Cas. t. Talbot, 40; et vide Com. Rep. 349; Mass. 247; 1 Ch. Cas. 129; 2 Ch. Cas. 35. And contra, 1 Vern. 190. But when the interest has once accrued⁷, and a balance has been settled between the parties, they may lawfully⁸ agree to turn such interest into principal, so as to carry interest in futuro. Com. on Usury, ch. 2, s. 14, p. 146 et eq.

ANCESTOR, descents. One who has preceded another in a direct line of descent; an ascendant. In the common law, the word is understood as well of the immediate⁹ parents, as, of these that are higher; as may appear by the statute 25 Ed. III. De natis ultra mare¹⁰, and so in the statute of 6 R. III. cap. 6, and by many others. But the civilians¹¹ relations in the ascending¹² line, up to the great grandfather's parents, and those above them, they term, majores, which common lawyers aptly expound¹³ antecessors or ancestors, for in the descendants of like degree they are called posteriores. Cary's Litt.45. The term ancestor is applied¹⁴ to natural persons. The words predecessors¹⁵ and successors, are used in respect to the persons composing a body corporate¹⁶. See 2 Bl. Com. 209; Bac. Abr. h. t.; Ayl. Pand. 58.

ANCESTRAL. What relates to or has, been done by one's ancestors; as homage¹⁷ ancestral, and the like.

ANCHOR. A measure containing ten gallons. Lex, Mereatoria.

ANCHORAGE, merc. law. A toll¹⁸ paid for every anchor cast from a ship into a river, and sometimes a toll bearing this name is paid, although there be no anchor cast. This toll is said to be incident to almost every port. 1 Wm. Bl. 413; 2 Chit. Com. Law, 16.

ANCIENT. Something old, which by age alone has acquired some force; as ancient lights, ancient writings.

ANCIENT DEMESNE¹⁹, Eng. law. Those lands which either were reserved to the crown at the original distribution of landed property, or such as came to it afterwards, by forfeiture²⁰ or other means. 1. Sal. 57; hob. 88; 4 Inst. 264; 1 Bl. Com. 286; Bac. Ab. h. t.; F. N. B. 14.