英文法律词典 A-99

ANIMANLS OF A BASE NATURE. Those which, though they may be reclaimed¹, are not Such that at common law a larceny² may be committed of them, by reason of the baseness of their nature. Some animals, which are now usually tamed, come within this class; as dogs and cats; and others which, though wild by nature, and oftener reclaimed by art and industry, clearly fall within the same rule; as, bears, foxes, apes, monkeys, ferrets, and the like. 3 Inst. 109,; 1 Hale, P. C. 511, 512; 1 Hawk³. P. C. 33, s. 36; 4 Bl. Com. 236; 2 East, P. C. 614. See 1 Saund. Rep. 84, note 2.

ANIMUS⁴. The intent; the mind with which a thing is done, as animus. cancellandi, the intention of cancelling; animus farandi, the intention of stealing; animus maiaendi; the intention of remaining; auimus morandi, the intention or purpose of delaying.

2. Whether the act of a man, when in appearance criminal, be so or not, depends upon the intention with which it was done. Vide Intention.

ANIMUS CANCELLANDI. An intention to destroy or cancel. The least tearing of a will by a testator, animus cancellandi, renders it invalid⁵. See Cancellation⁷.

ANIMUS FURANDI, crim. law. The intention to steal. In order to comstitute larceny, (q. v.) the thief must take the property anino furandi; but this, is expressed in the definition of larceny by the word felonious. 3 Inst. 107; Hale, 503; 4. Bl. Com. 229. Vide 2 Russ. on Cr. 96; 2 Tyler's R. 272. When the taking of property is lawful⁹, although it may afterwards be converted animo furandi to the taker's use, it is not larceny. 3 Inst. 108; Bac. Ab. Felony, C; 14 Johns. R. 294; Ry. & Mood. C. C. 160; Id. 137; Prin. of Pen. Law, c. 22, 3, p. 279, 281.

ANIMUS MANENDI. The intention of remaining. To acquire a domicil, the party must have his abode¹⁰ in one place, with the intention of remaining there; for without such intention no new domicil can be gained, and the old will not be lost. See Domicile.

ANIMUS RECIPIENDI. The intention of receiving. A man will acquire no title to a thing unless he possesses it with an intention of receiving it for himself; as, if a thing be bailed¹¹ to a man, he acquires no title.

ANIMUS REVERTENDI. The intention of returning. A man retains his domicil, if he leaves it animo revertendi. 3 Rawle, R. 312; 1 Ashm. R. 126; Fost. 97; 4 Bl. Com. 225; 2 Russ. on Cr. 18; Pop. 42,. 62; 4 Co. 40.

ANIMUS TESTANDI. An intention to make a testament¹² or will. This is required to make a valid⁶ will; for whatever form may have been adopted, if there was no animus testandi, there can be no will. An idiot for example, can make no will, because he has no intention.

ANN, Scotch¹³ law. Half a year's stipend¹⁴ over and above what is owing for the incumbency¹⁵ due to a minister's relict, or child, or next of kin⁸, after his decease. Wishaw. Also, an abbreviation of annus, year; also of annates. In the old law French writers, ann or rathe r an, signifies a year. Co. Dig h. v.

ANNATES, ecc. law. First fruits paid out of spiritual benefices to the pope, being, the value of one year's profit.

ANNEXATION¹⁶, property. The union of one thing to another.

2. In the law relating to fixtures¹⁷, (q. v.) annexation is actual or constructive¹⁸. By actual annexation is understood every movement by which a chattel¹⁹ can be joined or united to the freehold. By constructive annexation is understood the union of such things as have been holden parcel of the realty, but which are not actually annexed²⁰, fixed²¹, or fastened to the freehold; for example, deeds, or chattels²², which relate to the title of the inheritance. Shep. Touch. 469. Vide Anios & Fer. on Fixtures, 2.

3. This term has been applied²³ to the union of one country, to another; as Texas was annexed to the United States by the joint²⁴ reolution of Congress of larch²⁵ 1, 1845., See Texas.