英文法律词典 A-135

AUTHORITY, government. The right and power which an officer has in the exercise of a public function to compel obedience¹ to his lawful² commands. A judge, for example, has authority to enforce obedience to his not being correct. Merlin, Repertoire³, mot Authentique.

AUTOCRACY⁴. The name of a government where the monarch⁵ is unlimited⁶ by law. Such is the power of the emperor of Russia, who, following the example of his predecessors⁷, calls himself the autocrat⁸ of all the Russias.

AUTRE VIE. Another's life. Vide, Pur autre vie.

AUTREFOIS. A French word, signifying formerly⁹, at another time; and is usually applied¹⁰ to signify that something was done formerly, as autrefois acquit¹¹, autrefois convict, &c.

AUTREFOIS ACQUIT, crim. law, pleading. A plea made by a defendant¹², indicted¹³ for a crime or misdemeaner, that he has formerly been tried and acquitted¹⁴ of the same offence. See a form of this plea in Arch. Cr. PI. 90.

2. To be a bar, the acquittal must have been by trial, and by the verdict of a jury on a valid¹⁵ indictment¹⁶. Hawk¹⁷. B. 2, c. 25, s. 1; 4 Bl. Com. 335. There must be an acquittal of the offence charged in law and in fact. Stark¹⁸. PI. 355; 2 Swift's Dig. 400 1 Chit. Cr. Law, 452; 2 Russ. on Cr. 41.

3. The Constitution of the U. S., Amend¹⁹. Art. 5, provides that no person shall be subject for the same offence to be put twice in jeopardy²⁰ of life or limb. Vide generally, 12 Serg. & Rawle, 389; YeIv. 205 a, note.

AUTREFOIS ATTAINT, crim. law. Formerly attainted.

2. This is a good plea in bar, where a second trial would be quite superfluous²¹. Co. Litt. 390 b, note 2; 4 Bl. Com. 336. Where, therefore, any advantage either to public justice, or private individuals, would arise from a second prosecution²², the plea will not prevent it; as where the criminal is indicted for treason after an attainder of felony, in which case the punishment will be more severe and more extensive. 3 Chit. Cr. Law, 464.

AUTREFOIS CONVICT, crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same.

2. As a man once tried and acquitted of an offence is not again to be placed in jeopardy for the same cause, so, a fortiori, if he has suffered the penalty due to his offence, his conviction ought to be a bar to a second indictment for the same cause, least he should be punished twice for the same crime. 2 Hale, 251; 4 Co, 394; 2 Leon,. 83.

3. The form of this plea is like that of autrefois acquit; (q. v.) it must set out the former record, and show the identity of the offence and of the person by proper averments. Hawk. B. 2, c. 36; Stark. Cr. Pi. 363; Arcb. Cr, PI, 92; 1 Chit. Cr. Law, 462; 4 Bl. Com. 335; 11 Verm. R. 516.

AVAIL. Profits of land; hence tenant²³ paravail is one in actual possession, who makes avail or profits of the land. Ham. N. P. 393.