英文法律词典 A-127

ASSURANCE, com. law. Insurance. (q. v.)

ASSURANCE, conveyancing. This is called a common assurance. But the term assurances includes, in an enlarged sense, all instruments which dispose of property, whether they be the grants of private persons, or not; such are fines and recoveries, and private acts of the legislature. Eunom. Dial. 2, s. 5.

ASSURED. A person who has been insured by some insurance company, or underwriter, against losses or perils² mentioned in the policy of insurance. Vide Insured.

ASSURER. One who insures another against certain perils and dangers. The same as underwriter. (q. v.) Vide Insurer.

ASSYTHMENT, Scotch³ law. An indemnification which a criminal is bound to make to the party injured or his executors, though the crime itself should be extinguished by pardon. Ersk. Pr. L. Scot. 4, 3, 13.

ASYLUM⁴. A place, of refuge where debtors⁵ and criminals fled for safety.

2. At one time, in Europe, churches and other consecrated⁶ places served as asylums⁷, to the disgrace of the law. These never protected criminals in the United States. It may be questioned whether the house of an ambassador (q. v.) would not afford protection temporarily, to a person who should take refuge there.

AT LAW. This phrase is used to point out that a thing is to be done according to the course of the common law; it is distinguished⁸ from a proceeding⁹ in equity¹⁰.

2. In many cases when there is no remedy at law, one will be afforded in equity. See 3 Bouv. Inst. n. 2411.

ATAVUS. The male ascendant in the fifth degree, was so called among the Romans, and in tables of genealogy¹¹ the term is still employed.

ATHEIST¹². One who denies the existence of God.

2. As atheists have not any religion that can bind¹³ their consciences to speak the truth, they are excluded from being witnesses. Bull. N. P. 292; 1 Atk. 40; Gilb. Ev. 129; 1 Phil. Ev. 19. See also, Co. Litt. 6 b.; 2 Inst. 606; 3 Inst. 165; Willes, R. 451 Hawk¹⁴. B. 2, c. 46, s. 148; 2 Hale's P. C. 279.

TO ATTACH, crim. law, practice. To an attachment¹⁵ for contempt for the non-take or apprehend¹⁶ by virtue¹⁷ of the order of a writ¹ or precept¹⁸, commonly called an attachment. It differs from an arrest in this, that he who arrests a man, takes him to a person of higher power to be disposed of; but be who attaches, keeps the party attached, according to the exigency¹⁹ of his writ, and brings him into court oh the day assigned. Kitch. 279; Bract. lib. 4; Fleta, lib. 5, c. 24; 17 S. & R. 199.

ATTACHE'. Connected with, attached to. This word is used to signify those persons who are attached to a foreign legation. An attache is a public minister within the meaning of the Act of April 30, 1790, s. 37, 1 Story's L. U. S. 89, which protects from violence "the person of an ambassador or other public minister." 1 Bald. 240 Vide 2 W. C. C. R. 205; 4 W. C. C. R. 531; 1 Dall. 117; 1 W. C. C. R. 232; 4 Dall. 321. Vide Ambassador; Consul²⁰; Envoy²¹; Minister.

ATTACHMENT, crim. law, practice. A writ requiring a sheriff to apprehend a particular person, who has been guilty of. a contempt of court, and to bring the offender²² before the court. Tidd's Pr. Index, h. t.; Grab. Pr. 555.

2. It may be awarded by the court upon a bare suggestion, though generally an oath stating what contempt has been committed is required, or on their own knowledge without indictment²³ or information. An attachment may be issued against officers of the court for disobedience or contempt of their rules and orders, for disobedience of their process, and for disturbing them in their lawful²⁴ proceedings²⁵. Bac. Ab. h. t. A. in the nature of a civil execution, and it was therefore held it could not be executed on Sunday; 1 T. R. 266; Cowper, 394; Willes, R. 292, note (b); yet, in. one case, it was decided²⁶, that it was so far criminal, that it could not be granted in England on the affirmation of a Quaker. Stra. 441. See 5 Halst. 63; 1 Cowen, 121, note; Bac. Ab. h. t.