Page:Black's Law Dictionary (Second Edition).djvu/10

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A GRATIA
2
A SUMMO

A GRATIA. From grace or favor; as a matter of indulgence, not of right.

A LATERE. Lat. From the side. In connection with the succession to property, the term means "collateral." Bract. fol. 20b. Also, sometimes, "without right." Id. fol. 420. in ecclesiastical law, a legate a latere is one invested with full apostolic powers; one authorized to represent the pope as if the latter were present. Du Cange.

A LIBELLIS. L. Lat. An officer who had charge of the libelli or petitions addressed to the sovereign. Calvin. A name sometimes given to a chancellor, (cancellarius,) in the early history of that office. Spelman, "Cancellarius."

A l’impossible nul n’est tenu. No one is bound to do what is impossible.

A ME. (Lat. ego, I.) A term denoting direct tenure of the superior lord. 2 Bell, H. L. Sc. 133. Unjustly detaining from me. He is said to withhold a me (from me) who has obtained possession of my property unjustly. Calvin.

A MENSA ET THORO. From bed and board. Descriptive of a limited divorce or separation by judicial sentence.

A NATIVITATE. From birth, or from infancy. Denotes that a disability, status, etc., is congenital.

A non posse ad non ease sequitur argumentum necessarie negative. From the impossibility of a thing to its non-existence, the inference follows necessarily in the negative. That which cannot be done is not done. Hob. 336b. Otherwise, in the affirmative. Id.

A PALATIO. L. Lat. From palatium, (a palace.) Counties palatine are hence so called. 1 Bl. Comm. 117. See PALATIUM.

A piratis aut latronibus capti liberi permanent. Persons taken by pirates or robbers remain free. Dig. 49, 15. 19, 2: Gro. de J. B. Lib. 3, c. 3, § 1.

A piratis et latronibus capta dominium non mutant. Things taken or captured by pirates and robbers do not change their ownership. Bynk. bk. 1, c. 17; 1 Kent, Comm. 108, 184. No right to the spoil vests in the piratical captors; no right is derivable from them to any recaptors in prejudice of the original owners. 2 Wood. Lect. 428.

A POSTERIORI. A term used in logic to denote an argument founded on experiment or observation, or one which. taking ascertained facts as an effect, proceeds by synthesis and induction to demonstrate their cause.

A PRENDRE. L. Fr. To take. Bref à prendre la terrre, a writ to take the land. Fet Ass. § 51. A right to take something out of the soil of another is a profit à prendre, or a right coupled with a profit. 1 Crabb. Real Prop. p. 125, § 115. Distinguished from an easement. 5 Adol. & E. 758. Sometimes written as one word, apprendre, apprender.

A PRIORI. A term used in logic to denote an argument founded on analogy, or abstract considerations, or one which, positing a general principle or admitted truth as a cause, proceeds to deduce from it the effects which must necessarily follow.

A QUO. A term used, with the correlative ad quem, (to which,) in expressing the computation of time, and also of distance in space. Thus, dies à quo, the day from which, and dies ad quem, the day to which, a period of time is computed. So, terminus à quo, the point or limit from which, and terminus ad quem, the point or limit to which, a distance or passage in space is reckoned.

A QUO; A QUA. From which. The judge or court from which a cause has been brought by error or appeal, or has otherwise been removed, is termed the judge or court a quo; a qua. Abbott.

A RENDRE. (Fr. to render, to yield.) ‘That which is to be rendered, yielded, or paid. Profits à rendre comprehend rents and services. Ham. N. P. 192.

A rescriptis valet argumentum. An argument drawn from original writs in the register is good. Co. Litt. 11a.

A RESPONSIS. L. Lat. In ecclesiastical law. One whose office it was to give or convey answers; otherwise termed responsalis, and apocrisiarius. One who, being consulted on ecclesiastical matters, gave answers, counsel, or advice; otherwise termed a consiliis. Spelman, "Apocrisiarius."

A RETRO. L. Lat. Behind; in arrear. Et reditus proveniens inde è retro fucrit, and the rent issuing therefrom be in arrear. Fleta, lib. 2, c. 53, § 2.

A RUBRO AD NIGRUM. Lat. From the red to the black; from the rubric or title of a statute. (which, anciently, was in red letters.) to its body, which was in the ordinary black. Tray. Lat. Max.; Bell, Rubric."

A summo remedio ad inferiorem actionem non habetur regressus, neque auxilium. From (after using) the highest remedy, there can be no recourse (going back) to an inferior action, nor assistance, (derived from it.) Fleta, lib. 6. c. 1, § 2. A maxim in the old law of real actions,