after an answer has been filed, unless for rectifying clerical errors.-32d & 33d Art. of 16th, 64th, 65th, & 66th Ord. 8 May, 1845. This order to amend is obtained on any day, whether in or out of term, either by a petition as of course impressed with a 7s. 6d. fee fund stamp, and lodged with the secretary of the Master of the Rolls, or by a hand-motion in the court to which the cause is attached.

If after the expiration of four weeks after the answer, or the last of several answers, is to be deemed sufficient; or after filing or undertaking to file a replication; or after having already obtained an order to amend after any sufficient answer has been filed, the plaintiff wish to amend his bill, he must apply for leave to do so specially. A special order for leave to amend a bill is not to be granted without an affidavit to the effect. (1.) that the draft of the proposed amendment has been settled, approved, and signed by counsel; and (2.) that such amendment is not intended for the purpose of delay or vexation, but because the same is considered to be material for the case of the plaintiff. After the plaintiff has filed or undertaken to file a replication, or after the expiration of four weeks from the time when the answer or last answer is deemed sufficient, a special order for leave to amend a bill is not to be granted without a further affidavit, showing that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill. These affidavits are to be made by the plaintiff and his solicitor, or by the solicitor alone, should the plaintiff from being abroad or otherwise be unable to join in it.-67th, 68th, & 69th Ord. 8 May, 1845. Where the general orders require an affidavit of the solicitor, an affidavit of the solicitor's clerk is not sufficient; but in cases where the facts to be deposed to are within the personal knowledge of the clerk only, the court may perhaps require an affidavit from both.

A bill may be amended by striking out the name of a defendant at any time before he has answered; but after he has appeared it can only be done upon payment of his costs. The order should so express it, since the common form of the order giving liberty to amend, as the plaintiff may be advised, does not authorize a plaintiff to strike out the name of a party on record. Before the defendant has appeared, it is also a motion of course to strike out or to add the name of a plaintiff; but after appearance a plaintiff's name can only be struck out by special application, and generally upon the terms of giving security | for costs. The addition of a plaintiff, after answer, is quite discretionary with the judge, and it must be shown that the person proposed is quite willing to become a co-plaintiff in the suit. If parties are added after witnesses have been examined, the depositions of those witnesses cannot be read against them, as they have not had any opportunity of cross-examining such witnesses, and if the parties are added after the closing of evidence, the cause as to those parties must be heard upon bill and answer. After the cause is set down, the plaintiff can only amend by adding parties, and cannot introduce new statements, or put a new material fact in issue,

or raise a different case from that on which h had previously relied, and which was properly put in issue by the pleadings. The plaintiff cannot obtain an order of course for leave to amend his bill, after a defendant (being entitled to move) has served a notice of motion to dismiss the bill for want of prosecution.-Ord. 13 April, 1847. Nor can a plaintiff obtain the common order to amend pending an appeal from the overruling of a demurrer.

Special applications for leave to amend bills must be made by summons, "for leave to amend the plaintiff's bill," to the Master of the Rolls or a Vice-Chancellor in chambers, who may direct the matter to be heard in open court, should he think it ought to be so heard.-15 & 16 Vict. c. 80, s. 26. Sec. 35 repeals the 13th, 14th & 15th ss. of the 3 & 4 Wm. IV. c. 94.

The judge may order and direct whether the costs of the application shall be costs in the cause, or whether such costs, or any part thereof, shall be paid by any of the parties personally; and in the latter case the judge will either fix the sum to be paid for such costs, or direct the same to be taxed. The party to whom such costs are directed to be paid, may enforce their payment.-23d Ord. 21 Dec. 1833; and 58th Ord. 16 Oct. 1852.

Should a plaintiff not require from a defendant a further answer to his amended bill, it must be expressly stated in the order. The order having been obtained, a copy of it should be forthwith served on the defendant's solicitor for it operates from the time of service only.

Where the plaintiff is directed to pay to the defendant the costs of the suit, then the costs occasioned to a defendant by any amendment of the bill shall be deemed to be part of such defendant's costs in the cause (except as to any amendment which may have been made by special leave of the court, or which shall appear to have been rendered necessary by the default of such defendant); but there shall be deducted from such costs any sum or sums which may have been paid by the plaintiff, according to the course of the court, at the time of any amendment.

When upon taxation a plaintiff who has obtained a decree with costs is not allowed the costs of any amendment of the bill, upon the ground of its having been unnecessarily made, the defendant's costs, occasioned by such amendment, shall be taxed, and the amount thereof deducted from the costs to be paid by the defendant to the plaintiff.-29th & 30th Ord. 3 April, 1828.

The plaintiff having obtained an order for leave to amend his bill, has, in all cases, fourteen days after the date of the order within which he may amend such bill, otherwise the order for leave to amend becomes void, and the cause as to dismissal stands in the same situation as if such order had not been made.-34th Art. of 16th and 70th, 8 May, 1845.

The defendant's costs, which are payable when a further answer is required of him, should be paid to his solicitor at the time he is served with a copy of the order to amend; his acceptance of them waives every irregularity in the order.

After the proposed amendments have been

settled and signed by counsel on the draft of the original bill (but, if amended by the same counsel who drew the bill, and a reprint is not necessary, counsel's name need not be repeated), they may be introduced by written alterations into the original printed bill as filed, and also by additions on the interleaved paper: this is done by the clerk of records and writs, the fee being 10s. payable by means of stamps, and 58. for amending every office copy; but where they exceed in any one part two folios, there must be a new reprint of the bill. The original and amended bill constitutes but one record. No notice of the amendments having been made is necessary to be given to the defendant; and the practice of amending the defendant's copy of the bill is abolished; but a copy of an amended bill, whether upon an amendment by a reprint, or by such alterations and additions as already mentioned is to be served upon the defendant or his solicitor: and such copy may be partly printed and partly written, if the amendment is not made by a reprint; but in every case the copy to be served is to be stamped with a 5s. stamp, by one of the clerks of records and writs, indicating the date of the filing of such amended bill.-15 & 16 Vict. c. 86, s. 8; and 7th, 8th, 9th, 10th, & 11th Ord. 7 August, 1852.

The plaintiff generally by amending his bill loses all benefit of a previous order to take the bill pro confesso, or any prior proceedings of contempt issued against the defendant, either for want of his appearance or his answer; and it has the effect of obliging him to begin the same de novo, and entitles a defendant in custody to an ex parte order to be discharged, without either payment or tender of costs. A defendant, however, imprisoned under contempt for not answering, when the plaintiff is proceeding to take his bill pro confesso, is an exception to this rule.-1 Wm. IV. c. 36, rule 10.

An order to amend his bill substantially prevents a plaintiff from excepting to an answer already filed, unless it is specially obtained without prejudice to such a right. An order to amend as of course, pending a notice of motion for an injunction to stay an action, will operate as a waiver of such notice; but the amendment of a bill does not prejudice an injunction, nor discharge a writ of ne exeat regno, nor the recognizances of the sureties.-See further 1 D. P. by H. 376-403; & Smi. Handb. 241 et seq.

The times of vacation are not to be reckoned in the computation of the times appointed, or allowed, for the amending or obtaining orders for leave to amend bills.

AMENDS, satisfaction.

A MENSA ET THORO (from table and bed). It was a partial divorce, when the marriage was just and lawful, ab initio (from beginning), but for some supervenient cause it became improper or impossible for the parties to live together, as in the case of intolerable cruelty in the husband, or adultery in either of them. This divorce was effected by sentence of the Ecclesiastical Court. It caused the separation of the husband and wife only, but did not annul the marriage, so that neither of them could marry during the life of the other.

A decree for a judicial separation by the

Court for Divorce and Matrimonial Causes has superseded this divorce, 20 & 21 Vict. c. 85, s. 7.

AMENTIA, insanity.

AMERCEMENT, or AMERCIAMENT, a punishment by the purse, a penalty assessed by the peers or equals of the party amerced for an offence done, for which he places himself at the mercy of the lord. The difference between amercements and fines is as follows: The latter are certain, and were created by some statute; they can only be imposed and assessed by courts of record; the former are arbitrarily imposed by courts not of record, a court-leet for instance.Termes de la Ley, 40.

AMHINIOGAU TIR (land borderers), witnesses in a court for landed property, whose lands bordered on that in dispute.-Anc. Inst. Wales.

AMI. See АMY.

AMICTUS, or AMESSE, the uppermost of the six garments worn by priests, tied round the neck and covering the breast and heart. The other five garments are alba, cingulum, stola, manipulus, and planeta.-Cowel.

AMICUS CURIE (Lat. friend to the court), a stander by, who may inform the court when doubtful or mistaken.-2 Co. Litt. 178. AMITA, a paternal aunt.

AMITIA, a cap, made of goat's or lamb's skin. See ALMUTIUM.

AMITTERE LEGEM TERRÆ, or LIBERAM LEGEM, to lose and be deprived of the liberty of swearing in any court. But by 6 & 7 Vict. c. 85, witnesses are not excluded from giving evidence by incapacity from crime or interest, their credibility being left to the jury. A person outlawed is said to lose his law; i. e., put without its protection, so that he cannot sue, although he may be sued.-Glanvil, lib. ii.

AMMOBRAGIUM, a service, or poll-money, like chevage.-Spel.

AMMODWR (am-bod-wr), a compactor, one before whom a compact is made, and so admissible as a witness to prove the terms of it.—Anc. Inst. Wales.

AMNERY, an almshouse.

AMNESTY (fr. ȧurroría, Gk., non-remembrance), an act of pardon or oblivion, by which crimes against the government to a certain time are so obliterated that they can never be brought into charge.

AMNIUM INSULE. isles upon the west coast of Britain.-Blount.

AMOBH (fr. am-gobr, fee), the fee paid to a lord by the person subject to that payment on the marriage of a female.-Anc. Inst. Wales.

AMORTIZATION, or AMORTIZEMENT, an alienation of lands in mortmain to any corporation or fraternity and their successors, i. e., to some community that never is to cease.Encyc. Lond.

AMORTIZE, to alienate lands in mortmain, which cannot be done without license from the Crown.-Ibid.

AMOTION, a putting away, a removing, deprivation of possession.-Scott.

AMOVE, to remove from a post or station. AMOVEAS MANUS, or OUSTER LE MAIN, a livery of land to be amoved out of the

king's hands on a judgment obtained upon a monstrans de droit, to restore the land, it being as much as if the judgment were given that the party should have his land again. Abolished by 12 Car. II. c. 24.

AMPLIATION, an enlargement, a deferring of judgment till the cause be further examined. -Cowel.

AMPUTATION OF RIGHT HAND, the punishment for a stroke or blow given in a superior court; or for assaulting a judge sitting in the court. 4 Steph. Com. 291.

AMRYGOLL (am-rhy-coll, total loss), loss of property.-Anc. Inst. Wales.

AMY, or AMI (fr. amicus, Lat.), usually called prochein amy, the next friend (not the guardian), suing on behalf of an infant or orphan. Infants sue by prochein amy, or guardian, and defend by guardian.- Cowel.

AN, JOUR, ET WASTE, year, day, and waste. A forfeiture of the lands to the Crown incurred by the felony of the tenant, after which time the lands escheat to the lord.-Termes de la Ley, 40.

ANACOENOSIS (fr. ȧvaxowots, Gk.), a rhetorical figure, whereby we seem to deliberate and argue the case with others upon any matter of moment.-Encyc. Lond.

ANACOLUTHON, or ANACOLUTHUS (fr. ȧxónovos, Gr.), a rhetorical figure, when a word that is to answer another is not expressed. -Ib.

ANACRISIS (fr. ȧváxpiois, Gk.), an investigation of truth, interrogation of witnesses, and inquiry made into any fact, especially by torture. -Ib.; Civ. Law.

ANAGRAPH, a register, or inventory. ANALOGISM, an argument from the cause to the effect.

ANARCHY (fr. ȧvapzia, Gk. absence of government), that state of commotion that arises when a government has lost its power.

ANATHEMATIZE, to pronounce accursed by ecclesiastical authority, to excommunicate.Encyc. Lond.

ANATOCISM (fr. ává and róxos, Gr.), taking usurious interest for the loan of money; when compound interest is extorted, or the interest of several years are added together as principal, upon which interest is required. Interest upon interest. This is the worst kind of usury, and has been severely condemned by the Roman law, as well as by the common law of most other

nations.

ANATOMY ACT, 2 & 3 Wm. IV. c. 75. ANCESTOR, one that has gone before in a family; it differs from predecessor, in that it is applied to a natural person, and his progenitors, while the latter is applied to a corporation, and those who have held offices before those who now fill them.-Co. Litt. 78 b.

ANCESTRAL, or ANCESTREL, that which has relation to ancestors.-Blount.

ANCHOR, a measure containing ten gallons. -Lex Merc.

ANCHORAGE, a duty taken of ships for the use of the haven where they cast anchor.-MS. Arth. Trevor Ann.

ANCIENT DEMESNE, a tenure existing in certain manors, which, though now perhaps

granted to private persons, were actually in the possession of the Crown in the times of Edward the Confessor and William the Conqueror, and so appear to have been by the great survey in the Exchequer called Domesday-Book, and, therefore, whether lands are ancient demesne or not, is to be tried only by this book, called in consequence Laber Judicatorius; but to ascertain whether lands be parcel of a manor, which is ancient demesne, a jury must try it, being a question of fact. It is a species of copyhold, differing, however, from common copyholds in certain privileges, but yet must be conveyed by surrender, according to the custom of the manor. There are three sorts, (1.) where the lands are held freely by the king's grant; (2.) customary freeholds, which are held of a manor in ancient demesne, but not at the lord's will, although they are conveyed by surrender, or deed and admittance; (3.) lands held by copy of court-roll at the lord's will, denominated copyholds of base tenure. Consult Watkins or Scriven on Copyholds.

ANCIENT LIGHTS, the enjoyment of daylight for twenty years and upwards. ANCIENT WRITINGS, documents upwards of thirty year old.

ANCIENTS, gentlemen of the Inns of Court and Chancery. In Gray's Inn the society consists of benchers, ancients, barristers, and students under the bar; and here the ancients are of the oldest barristers. In the Middle Temple, those who have passed their readings, are termed ancients. The Inns of Chancery consist of ancients and students or clerks; from the ancients, a principle or treasurer is chosen yearly. ANCIENTY, eldership or seniority.

ANCILLARY (fr. ancilla, Lat.), that which depends on or is subordinate to, some other decision.-Enc. Lond.

ANCWYN, a stated allowance of provision allotted to the officers of the court in their lodgings; the term appears to be put in opposition to cwynos (cana), supper, as being a privileged private allowance for that meal; the cwynos being the public evening meal. Ancwyn is translated cœna in some Latin copies of the ancient Welsh laws.-Anc. Inst. Wales.

ANDAGA, or ANDÆG, a day or term appointed for hearing a cause, hence Andagian, to appoint the day.-Anc. Inst. England.

ANDENA, a swath or line of grass or corn in mowing, or as much ground as a man can stride over at once.-Jacob.

ANDERIDA, Newenden, in Kent. ANDREAPOITS, St. Andrew's in Scotlond. ANDRIA MULIER, a female hermaphro

dite.

ANDROCOETESIS (fr. àrdpoxote, Gk), the infamous act of sodomy.

ANDROGYNUS (fr. ȧvrp ȧvdpós, Gk., man, and yo, woman), a hermaphrodite.

ANDROLEPSY, the taking by one nation of the citizens or subjects of another, in order to compel the latter to do justice to the former. ANELACIUS, a short knife or dagger.-Mat. Paris, 277.

ANFELDTYHDE, or ANFEALTIHLE, a simple accusation.-Saxon.

ANGARIA (fr. ayyapɛía, Gk.), personal ser