1856, otherwise than by marriage settlement, for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives, shall not affect any lands, tenements or hereditaments as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name, and the usual or last known place of abode, and the title, trade or profession of the person whose estate is intended to be affected thereby, and the date of the deed, bond, instrument, or assurance whereby the annuity or rent-charge is granted, and the annual sum or sums to be paid shall be left with the senior master of the Court of Common Pleas at Westminster, who shall forthwith enter the particulars aforesaid in a book in alphabetical order by the name of the person whose estate is intended to be affected by the annuity or rentcharge, together with the year and the day of the month when every such memorandum or minute is so left with him; and he shall be entitled for every such entry to the sum of two shillings and sixpence, and all persons shall be at liberty to search the same book, together with the other books or registers in the office, on payment of the sum of one shilling.

The 14th section excepts annuities or rentcharges given by will from the act.

As to bankruptcy of the grantor of an annuity, see 12 and 13 Vict. c. 106, ss. 175, 176; as to his insolvency, see 1 and 2 Vict. c. 110, s. 80.

The most expeditious remedy to recover the arrears of a personal annuity is an action of debt upon the deed. An action of covenant will lie; and if judgment by default be recovered, a reference to the master to compute the arrears is obtained. Where there is a bond, an action for its penalty may be brought, and a scire facias issued upon the judgment as the arrears become due from time to time.

ANNUITIES OF TEINDS, i. e. tithes, are 10s. out of the boll of teind wheat, 8s. out of the boll of beer, less out of the boll of rye, oats, and peas, allowed to the Crown yearly out of the teinds not paid to bishops, or set apart for other pious uses.-Scotch Law."

ANNULUM ET BACULUM, a ring and postoral staff or crosier, the delivery of which by the prince was the ancient mode of granting investitures to bishoprics.-1 Bl. Com. 377.

ANNUS DELIBERANDI, the year allowed by the Scottish law for the heir to deliberate whether he will enter upon his ancestor's lands, and represent him. Entry has very serious effect, and, therefore, this time is given for consideration; it commences at the ancestor's death, unless in the case of a posthumous heir, and then from his birth.-Scotch Law.

ANNUS, DIES, ET VASTUM (Lat.) (year, day, and waste).

ANNUS LUCTUS, the year of mourning, during which the widow, by the ordinances of the civil law, could not marry, to prevent the inconvenience of a widow bearing a child, which, by the period of gestation, may be the child either of her deceased or her present husband.-Cod. 5, 9, 2.

ANOMY (fr. ȧvouía, Gk.), lawlessness, breach of law.

A non posse ad non esse sequitur argumentum

necessarie negativè, licet non affirmative. Hob. 336. (An argument necessarily in the negative follows from the not possible to the not being, though not in the affirmative.)

ANRHAITH (an-rhaith, lawless), spoil.Anc. Inst. Wales.

ANRHAITH-ODDEV, spoliation, sufferance. A term used when a person's goods were confiscated and seized by the lord.-Ibid. ANRHAITH-GRIBDDAIL, pilfering, spoliation. A term for the graver spoliation to be exercised towards a homicide.-Ibid.

ANSEL, or ANSUL, an ancient manner of weighing by hanging scales or hooks at either end of a beam or staff, which being lifted by the middle, discovered the equality or difference between the weight at one end, and the thing weighed at the other.-Termes de la Ley, 66.

ANSWER (fr. andswer, Goth. antwoord, Belg.), reply, counter-speech.

ANSWER IN CHANCERY. When a defendant is advised to take the judgment of the court upon the whole case, or any part of it, as made by the parties on both sides, he files an answer (for further details see Mit. Pl. 15, 128, 127, 357–381; Sto. Eq. Pl. cxviii.; 1 D. P. by H. 675-760, and Smi. Handb. 199–240) either to the whole bill or to such parts of it as are not covered by a demurrer or plea, where a combined defence is resorted to."

An answer to a bill seeking relief consists of two parts: (1.) The defence or several defences to the case made by the bill, in order to apprise the plaintiff of the nature of the matter intended to be set up, and to enable the defendant to take advantage of it; for a defendant cannot avail himself of any defence not stated in his answer. (2.) The examination for discovery as to which interrogatories are filed. See INTERROGATORY. It is desirable (if practicable) to keep these parts distinct and separate from one another. Let it be observed that an answer must not contain inconsistent defences, or an alternative of inconsistent defences, for that would be to deprive the defendant of the benefit of either, and to entitle the plaintiff to a decree.

An answer either traverses or denies, confesses and avoids, the statements of the bill, and alleges matter showing the defendant's rights in the subject of the suit, or it admits the truth of such statements, and, alleging additional circumstances or otherwise, submits the case as thus made to the judgment of the court.

The general rule is, that if a defendant submit to answer, he must answer fully; but a defendant is not bound to answer any statement or charge in the bill, unless specially and particularly interrogated thereto; nor is a defendant bound to answer any interrogatory, except those interrogatories which such defendant is required to answer; and where a defendant answers any statement or charge in the bill, to which he is not interrogated, only by stating his ignorance of the matter so stated or charged, such answer will be deemed impertinent.-16 Order, 26 Aug. 1841. A defendant may, however, answer any matter tending to the strengthening of his defence to which he is not interrogated. The answer of a defendant may contain, not only the answer of the defendant to the plaintiff's interrogatories,

The general rule, just mentioned, is narrowed in its operation by the 38th of the orders 21 August, 1841, which directs that a defendant may by answer decline answering any interrogatory, or part of an interrogatory, from answering which he might have protected himself by demurrer; and that he may so decline, notwithstanding his answering other parts of the bill, from which he might have protected himself by demurrer.

This order applies only to cases where a defendant could have protected himself from answering by a demurrer, but a defendant is not bound to answer to matters which are scandalous, or impertinent, or immaterial, or irrelevant, or which may subject him to any penalty, forfeiture, or punishment, or which would involve a breach of professional confidence, or disclose facts as to his own title. In these cases, if a defendant do not defend himself from a discovery by a demurrer or plea, he is permitted by answer to insist that he is not obliged to make the discovery; but the plaintiff may except to the defendant's answer as insufficient, whereupon it will be determined by the court whether the defendant is, or is not obliged to make the discovery.-Sto. Eq. Pl. s. 846. The defendant can only insist upon the same benefit by answer, which he would have been entitled to had he demurred or pleaded, at the hearing of the cause, when the defendant will generally be entitled to the same advantage of this mode of defence, that he would have had, had he adopted the more concise mode by demurring or pleading.-1 D. P. by H. 680.

A defendant must answer positively as to facts charged to be within his own knowledge, unless a fact took place more than seven years ago, when he may answer it as to his remembrance or belief only. If a fact be not within his own knowledge, the defendant must answer as to his information and belief.

An answer must be full and perfect, stating facts and not indulging in arguments, and be certain in its allegations so far as it is practicable.

It must be direct and not evasive, for an evasive answer is in effect no answer, and will be liable to be taken off the file of the court. An answer must be particular, precise, and full to all the material inquiries of an interrogatory; but if the inquiry be immaterial, i. e. if the defendant's admission would neither assist the plaintiff's equity, nor advance his claim to relief, it needs not be answered. It is not enough merely to answer the charge (if any) literally, but the substance of each charge must either be confessed or traversed.

Where a defendant has in his power the means of acquiring the information necessary to enable him to give the discovery called for, he is bound to make use of such means whatever pains or trouble it may cost him.

It is, however, the general practice, where an interrogatory requires the defendant to set forth a general account, or to answer as to moneys received, or as to documents in his possession, to set forth the account or a list of the sums, or documents, in one or more schedules annexed to the answer, which the defendant prays may be taken as part of his answer, and such practice is very convenient, and in many cases indispensable. It may also be resorted to by the defendant, for the purpose of showing the nature of his own case, or of strengthening it, even though there is not anything in the bill itself, or in the interrogatory, which may render a schedule necessary.

Instructions for the preparation of an answer are laid before counsel. They consist of a copy of the bill, a copy of the plaintiff's interrogatories in half margin on the right hand of the paper, and the defendant's proposed answers written opposite to the several interrogatories, with any additional facts which are deemed essential in aid of the defence. The draft, drawn, settled, and signed by counsel, should be read to the defendant, and should any material alterations suggest themselves, it should be again submitted to counsel for revision.

The form of an answer is set forth in Schedule D of the Orders, 7th August, 1852, which is to be adopted with such variations as the nature and circumstances of each particular case may require.-Ord. xxi.

Whether the plaintiff in any suit commenced by bill does or does not require any answer from the defendant, or any one or more of the defendants to the bill (in case of an amended bill, the time will run from service of a copy of it pursuant to 9th Ord. 7th August, 1852), such defendant or defendants may, without any leave of the court, put in an answer or a demurrer (see DEMURRER), or a plea (see PLEA), to the plaintiff's bill within the time now allowed to the defendant for demurring alone to a bill (i. e. 12 days), or within such other time as may be fixed by any general order of the Lord Chancellor (no order has yet been promulged); but after that time a defendant or defendants not required to answer the plaintiff's bill cannot put in an answer, or demurrer, or plea, without leave of the court,

whose power to grant further time for answering a bill remains in full force, and not in anywise prejudiced or affected by the new law. When the court grants further time to a defendant for answering the bill, the plaintiff's right to move for a decree is in the meantime suspended.

A defendant required to answer a bill must file his answer or demurrer, not demurring alone, or plea, within fourteen days from the delivery to him, or his solicitor, of a copy of the interrogatories (see INTERROGATORY) which he is required to answer; the court having however full power to enlarge such period, from time to time, upon application being made to a judge at chambers for such purpose.-15 & 16 Vict. c. 86, s. 13, and 19th Ord. 7th August, 1852.

The day on which an order that the plaintiff give security for costs is served, and the time thenceforward, until and including the day on which such security is given, is not to be reckoned in the computation of time allowed to a defendant to make his defence.-15th Ord. 8 May, 1845.

The application for further time must be made to the judge at chambers, to whose court the cause is attached, unless it be during vacation, when the vacation judge acts for the others. The form of application is by a summons, prepared by the defendant's solicitor, impressed with a 3s. stamp, and sealed by the judge's clerk. A copy of this must be served upon the plaintiff's solicitor two clear days before its return, and another copy unstamped left in chambers. The evidence in support of the application may be by affidavit, the office copy of which, and not the original, is read in chambers, and it should show a case of diligence on the part of the applicant, and that the time allowed was insufficient for the preparation of the answer. Previous notice of reading the affidavit should be given to the plaintiff's solicitor; and, if required by him, a copy must be furnished, he paying for it at the rate of 5d. per folio. On the first application further time is granted, almost, of course, even without an affidavit. The solicitor should be prepared with a form of order on a 5s. stamp, as, if the application be granted, the order may be drawn up immediately after the hearing. But by special leave the return may be earlier. When the opposite party does not attend, there should be an affidavit of service; but this may be produced at any time during the day. It is, however, sometimes dispensed with. The costs are in the discretion of the judge.-15 & 16 Vict. e. 80, ss. 26, 28, 35; 3d, 5th, 24th and 28th Ord. 16 October, 1852, and 1st Ord. 25 October, 1852.

If a defendant do not answer within these respective times, as the case may be, and do not procure an enlargement of the time, he is subject to the following liabilities :

(1.) An attachment may be issued against him.

(2.) He may be committed to prison and brought to the bar of the court.

(3.) The plaintiff may file a traversing note, or proceed to have the bill taken pro confesso against him.-16th Ord. art. 13, 8 May, 1845.

The engrossed answer on parchment must be signed by the defendant or his guardian ad litem

or committee (if any); but when an answer is put in under a power of attorney, it is thought better to take the answer without any signature, than that the person to whom the power is given should sign it in the name of the defendant. The power of attorney should be recited in the order, which authorizes the answer to be put in under it.—Bayley v. De Walkiers, 10 Ves. 441 (1805).

Before an answer is sworn, a jurat should be written at the end of it, which must be signed by the person administering the oath.

An answer is put in upon the defendant's or his committee's or guardian's oath, administered to him in the form consonant with his religion; but a peer or bishop merely wages his honor, and a Quaker or Moravian solemnly affirms in lieu of an oath. A corporation aggregate puts in an answer under their common seal, while a corporation sole appears and answers like a private person. A foreigner, not conversant with English, so as to answer in our vernacular language, may obtain an order as of course upon motion or petition, for an interpreter, and the answer being engrossed in his own tongue, an English translation of it is made by such interpreter upon parchment, and annexed. The foreigner is then sworn to his answer; the interpreter attending having been previously sworn both to interpret truly, and convey to the foreigner the language and meaning of the oath, and that the translation is true and just, to the best of his ability; the jurat being adapted thereto. The same course of proceedings seems proper where the defendant is deaf and dumb. Where a defendant is blind, some other person must swear that he has truly, distinctly, and audibly read the contents of the answer to the defendant. The defendant must also swear to the answer.

If a defendant be illiterate, he is sworn, and makes his mark upon, instead of signing, the answer, which mark requires to be attested by a witness, who swears that he has truly, distinctly, and audibly read the contents of the answer to such defendant, and that he saw him make his mark thereto; it is better, although not necessary, for the jurat to express that the defendant, being illiterate, appeared to understand the answer.-Hill v. Earl of Bute, 2 Fowl. Ex. Pr. 10. See a form of jurat in the case of a heathen or disbeliever, Ramkissenseat v. Barker, 1 Atk. 19.

If a defendant be imbecile, the court will appoint a guardian ad litem to answer for him, and not permit his answer to be received without oath or signature.- Wilton v. Clifton, 2 Hare, 536.

If a wife join in one defence with her husband, relative to her own property, it is considered the defence of the husband. A wife is entitled to put in an answer separate from her husband on these grounds: (1.) If the husband and wife are made defendants in right of the wife, and she claims an interest adverse to him; (2.) If the husband and wife live separately and apart; (3.) If the husband is out of the jurisdiction; and (4.) Where she disapproves of the defence her husband intends to make. In order to answer separately, an order of the court must be obtained for the purpose upon a motion or petition as of course. The answer of a married

woman, who is under age, cannot be taken either separately or jointly with her husband, until she has had a guardian ad litem assigned.

When the Attorney-General is made a defendant, it is entirely in his discretion whether he will file a full answer, or a general answer, stating merely that he is a stranger to the matters contained in the bill, and that he hopes the interest of the Crown will be taken care of. His answer is merely signed by them.

If a defendant be in town, he is sworn or affirmed, or attested upon honor before a clerk of records and writs (1s. 6d. being paid for the oath by means of a stamp, 7th Ord. 26 October, 1842), or before a London commissioner to administer oaths, and take declarations, affirmations, and attestations of honor in Chancery, the fee being 1s. 6d. (16 & 17 Vict. c. 78, s. 2.)

same punishment as any offender under the 8 & 9 Vict. c. 113, intituled, "An Act to facilitate the Admission in Evidence of Certain Official and other Documents."

An answer, plea, disclaimer, or examination, whether taken by commission out of the jurisdiction of the court or otherwise, is now filed without the oath of the messenger, and any alterations made therein previously to its being taken must be authenticated according to the practice now in use with respect to affidavits.—15 & 16 Vict. c. 86, ss. 22, 23, 24, 25.

If a plaintiff will consent, upon perusing the draft answer, and the court will grant an order (which is obtained upon motion or petition of course, and properly passed and served), the oath, or affirmation, or attestation of honor, and the defendant's signature as well may be dispensed with; and this is frequently done in amicable suits, or where the oath and signature cannot be obtained without delay and expense. No exceptions, however, can be taken to an answer thus filed.

It may be here remarked, that all pleas, answers, disclaimers, examinations, affidavits, declarations, affirmations, and attestations of honor in causes of matters depending in Chancery, and also acknowledgments required for the purpose of enrolling any deed in Chancery, are also sworn and taken in the same manner. An answer is sworn and taken in Scotland, or Ireland, or the Channel Islands, or in any colony, island, plantation, or place under the dominion of her Majesty in foreign parts, before any judge, court, notary public, or person lawfully authorized to administer oaths in such country, colony, island, plantation, or place respectively, or before any of her Majesty's consuls or vice-consuls in any foreign parts out of her Majesty's dominions; and the judges and other officers of the Court of Chancery must take judicial notice of the seal or signature, as the case may be, of any such court, judge, notary public, person, consul, or vice-consul attached, appended or subscribed to any such plea, answer, or other document..

All persons swearing, declaring, affirming, or attesting before any person authorized to administer oaths and take declarations, affirmations, or attestions of honor will be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing, declaring, affirming, or attesting contained therein, as if the matter sworn, declared, affirmed, or attested had been sworn, declared, affirmed, or attested before any court or persons now by law authorized to administer oaths, and take declarations, affirmations, or attestations upon honor.

If any person forge the signature or the official seal of any judge, notary public, or other person lawfully authorized to administer oaths, or tender in evidence any answer with a false or counterfeit signature or seal of any such judge, court, notary public, or other authorized person attached or appended thereto, knowing the same signature or seal to be false or counterfeit, every such person will be guilty of felony, and liable to the

address, who duly files it. Notice of it must be given on the same day to the plaintiff's solicitor.

ANTAGOGE, a figure in rhetoric, by which, when the accusation of the adversary is unanswerable, we load him with the same or other crimes.-Encyc. Lond.

ANTANACLASIS (Lat., fr. avtavaxnáw, Gk., to repercuss), a figure in rhetoric, when the same word is repeated in a different, if not in a contrary signification; as, In thy youth learn some craft, that in old age thou mayest get thy living without craft. It is also a returning to the matter at the end of a long parenthesis, as: Shall that heart (which does not only feel them, but hath all motion of his life placed in them), shall that heart, I say, &c.—Ibid.

ANTANAGOGE (fr. ȧvri, against, and ȧváyw, Gk., to take up), in rhetoric, a reply to an accusation by way of recrimination.-Ibid.

ANTEJURAMENTUM, or PRÆJURAMENTUM, an oath taken by the accuser and accused before any trial or purgation. The accuser swore that he would prosecute, and the accused was to swear on the day of ordeal_that he was innocent.-Leg. Athelstan apud Lambard, 23.

ANTE LITEM MOTAM (Lat.), (Before litigation commenced).

ANTENATI, those born before marriage. ANTE-NUPTIAL, before matrimony. ANTHORISMUS, in rhethoric, denotes a contrary description or definition of a thing from that given by the adverse party. Thus, if the plaintiff urge, that to take anything away from another without his knowledge or consent, is a theft, this is called ôpos, or definition. If the defendant reply, that to take a thing away from another without his knowledge or consent, provided it be done with design to return it to him again, is not theft, this is an avopeoμòs.—Ibid.

ANTICHRESIS (fr. ȧvrixpnois, Gk.), in the civil law, a covenant or convention, whereby a person borrowing money of another engages or makes over his lands or goods to the creditor,