stances, in which a term became attendant on the inheritance by equitable construction, the great principle governing which was, that where a legal and equitable estate became vested in the same person, the one a term of years, and the other an estate of inheritance, though there could be no merger (as that can only occur upon the union of two estates of the same nature, i. e., both legal or both equitable, in the same person, in the same right, without any intermediate estate), yet, by analogy to the Common Law doctrine of merger, the term would have been considered in Equity as attendant, in the absence, of course, of any sufficient indication that the contrary was intended by the parties. For the authorities and arguments upon this subject, consult 3 Sugden's Vendors and Purchasers, tit. Assignment of Terms, 10th edit.; Burt. Comp. pl. 914; 1 Step. Com. 378; 1 Sanders on Uses and Trusts, 316; and Watkins's Prin. of Conv. c. ii. As to the assignment of attending terms, read 8 & 9 Vict. c. 112, which renders it unnecessary by abolishing them. ATTENTATES, proceedings in a court of judicature, pending suit, and after an inhibition is decreed and gone out. Those things which are done after an extra-judicial appeal may be styled Attentates.—Ayliffe. ATTERMINING, granting time for payment of a debt.-Blount; 27 Edw. I. ATTESTATION, testimony, evidence, justification, the execution of a deed or will in the presence of witnesses.-2 Bl. Com. 307. ATTESTED COPY, a verified transcript of a document. ATTILE, the rigging or furniture of a ship.Fleta, 1. 1, c. 25. ATTORNARE REM, to turn over money or goods, i. e. to assign or appropriate them to some particular use or service.-Ken. Par. Antiq. 283. ATTORNATO FACIENDO VEL RECIPIENDO, an obsolete writ, which commanded a sheriff or steward of a county or hundred court to receive and admit an attorney to appear for the person who owed suit of court.--F. N. B. 156. ATTORNEY (fr. tournée, Fr. substituted), one who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. He is of two kinds. (1.) Attorney at Law, a public officer belonging to the Superior Courts of Common Law at Westminster, who conducts legal proceedings on behalf of others, called his clients, by whom he is retained: he answers to the Solicitor in the Courts of Chancery, and the Proctor of the Admiralty, Ecclesiastical, Probate, and Divorce Courts. It is a popular error (entertained, however, by many) that the term "Solicitor" is more honorable than or superior to "Attorney." The late Lord Tenterden repeatedly animadverted upon the absurdity of using the term "Solicitor," when applied to any one conducting an action or other proceeding in Courts of Law. There is not any distinction whatever in the degree of respectability between them; in fact, both the terms are generally found combined in the same gentleman. Consult Merrifield's Law of Attorneys; 1 Chit. Arch. Prac. by Pren. c. v. tit. Attorneys; and especially the Attorneys and Solicitors' Act, 6 & 7 Vict. c. 73. [While in England those who conduct legal proceedings are denominated attorneys, solicitors. advocates, counsellors, barristers, sergeants, and proctors, according to their rank and duties, we have in the United States but the two classes, attorneys and counsellors, and in some of the States even this latter distinction does not exist. In our admiralty courts, however, they are called proctors and advocates. The distinction between counsellors and attorneys, where it exists, is chiefly this attorneys prepare the causes for hearing, and counsellors do what is necessary at the trial. The requisites for admission are regulated by the laws and rules of court of the different States.] (2.) Attorney in Fact, including all agents employed in any business or to do any act in pais for another; also a person acting under a special agency, whose authority must be expressed by deed, commonly called a power of attorney.-1 Bac. Abr. tit. Attorney. ATTORNEY OF THE DUCHY COURT OF LANCASTER, the second officer in that court next to the Chancellor, whose assessor he is.-Blount. He is styled "Attorney-general." ATTORNEY OF THE WARDS AND LIVERIES was the third officer of the Duchy Court.-Ibid. ATTORNEY-GENERAL, a great officer of state, made so by letters-patent, and the legal representative of the Crown, in the Courts of Law and Equity. He exhibits information, prosecutes for the Crown in criminal matters, files bills in the Exchequer in revenue causes, and informations in Chancery, where the Crown is interested.-Termes de la Ley, 63. The Prince of Wales and a Queen-Consort have each an Attorney-general. As to office, appointment, and duties of the Attorney-general of the United States, see Brightly's U.S. Digest, p. 92.] ATTORNMENT (fr. tourner, Fr., to turn), the acknowledgment of a new lord on the alienation of land, and the assent or agreement of the tenant to attorn, as "I become tenant to the purchaser."-Co. Litt. 309. The 4 Anne, c. 16, ss. 9, 10, enacted that all grants and conveyances of manors, lands, rents, reversions, &c., should be good without the attornment of the tenants, but notice of the grants must be given to the tenants, before which they shall not be prejudiced by the payment of any rent to the grantor, or of breach of the condition for non-payment; and by 11 Geo. II. c. 19, s. 11, attornments made by tenants to strangers claiming title to the estate of their landlord shall be null and void, and their landlord's possession not affected thereby; but it does not extend to vacate any attornment made pursuant to a judgment at law, or with the consent of the landlord, or to a mortgagee on a forfeited mortgage.- Woodf. Land. and Ten. by Horn, 221. ATTRAPER, taken or seized.-Law Fr. ATTREBATII, the ancient name of the inhabitants of Berkshire. AVAGE, or AVISAGE, a rent or payment by tenants of the manor of Writtle, in Essex, upon St. Leonard's day, the 6th of November, | Arches is the official auditor of the Audience. for the privilege of pannage in the lord's woods. -Blount. AVAIL, profit of land. AVAIL OF MARRIAGE (fr. valor maritagii, Lat.), the right of marriage, which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. A guardian in socage had also the same right, but not attended with the same advantage.-1 Step. Com. 194. AVAILS, profits or proceeds. AVAL (Fr.), surety for payment. AVALUM, a written guarantee. AU BESOIN (Fr.), (in case of need). AUCA, DE, the ancient name of Orve. AUCTIONARII, sellers, regraters, retailers, more properly brokers.-Jacob. AUCTIONEERS, licensed agents appointed to sell property and to conduct sales or auctions. Consult St. Leon, Vend. and Pur. 34 et seq., for the extent of their power and authority as to real property. They differ from brokers, in that the latter may both buy and sell, whereas auctioneers can only sell; also brokers may sell by private contract only, and auctioneers by public auction only. Auctioneers can only sell goods for ready money, but factors may sell upon credit. An auctioneer is deemed the agent of both parties; he can bind virtute officii the seller and the purchaser of realty by his memorandum of the sale under the Statute of Frauds; but he is only the agent of the seller at the sale. The Archbishop of York has also his Audience AUDIENDO ET TERMINANDO, a writ of AUDITA QUERELÄ DEFENDENTIS (so called because a plaintiff cannot have it) is a writ commencing an equitable action after an adverse judgment recovered, for the purpose of preventing the unconscientious demand of a double satisfaction. It is in the nature of a trespass, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where the party has a good defence, but had not, nor has any other means to take advantage of it. It is directed to the court, stating that the complaint of the defendant hath been heard (audita querelâ defendentis), and then setting out the matter of the complaint, it enjoins the court to call the parties before it, and, having heard their allegations and proofs, to cause justice to be done between them. It does not lie, where there is any other remedy at law, either by plea or otherwise; and only the party grieved can bring it, which he can do of common right, and ex debito justitia. The writ is sometimes judicial, issuing out of the same court, in which the record, upon which it is founded, remains; and sometimes original, issuing out of Chancery, and returnable into such court. The 8 Vict. c. 15, repeals the duties of excise on sales by auction, and imposes a new duty on The process in auditâ querela, when it is auctioneers' licenses in the United Kingdom. grounded on a matter of fact, or the party is not The 1st sec. repeals all existing duties, and a in execution, or it is issued quia timet, is a duty of 10. is imposed on all auctioneers' licenses venire facias, distringas, alias and pluries disthroughout the kingdom, which are to be re-tringas, and if non est inventus or nihil be renewed annually (ss. 2-4). The 6 Geo. IV. c. 81, s. 8, is repealed by s. 6, which substitutes one uniform license. Sec. 7 enacts, that every auctioneer, before he commences any sale, shall affix, in some conspicuous part of the auctionroom, a ticket or board, containing his full Christian and surname and place of residence, otherwise to forfeit 201. He must produce his license on demand, or make a deposit of 107. on pain of one month's imprisonment. AUCTION, signifies generally an increasing, an enhancement, and hence applied to a public sale of property usually conducted by biddings, which augment the price. A spear used to be stuck up by the Romans as the sign of a public auction.-Livy, xxiii. 37; Smith's Dict. of Antiq. See Dutch Auction. AUCTOR, a seller. Auctoritates philosophorum, medicorum, et poetarum, sunt in causis allegandæ et tenendæ. Co. Litt. 264. (The opinions of philosophers, physicians, and poets, are to be alleged and received in causes.) Aucupia verborum sunt judice indigna. Hob. 343. (Catching at words is unworthy of a judge.) AUDIENCE, a hearing. AUDIENCE COURT, belonging to the Archbishop of Canterbury, having the same authority with the Court of Arches, but inferior to it in dignity and antiquity. The Dean of the turned, the plaintiff in the writ may have a capias against the defendant in the writ. But when the writ is founded on a record, or the party is in execution, the process is scire facias, and bail must be given when the party in prison seeks to be discharged. An auditâ querelá not preventing the issuing of execution, a supersedeas should be forthwith moved for. Where the defendant confesses the matter alleged, the plaintiff has judgment and discharge by confession; but if the defendant deny it, the parties proceed to issue in fact or in law, as in other cases. It is said that costs are not recoverable in this action. By the indulgence of the courts, a summary relief upon motion, is in most cases of evident oppression granted, and this occasioned the remedy by auditá querelâ to be seldom resorted to.-2 Saund. 137 n. et seq.; 17 & 18 Vict. c. 125, s. 84, & Rules H. T. 1853, 79. AUDITOR (Lat.), one who examines accounts and evidences of expenditure; an officer of the Royal household, or of some other great establishment, who examines the accounts of all under officers, and keeps a general book, showing the difference between their receipts and charges and their several allowances, commonly called allocations; as the auditors of the Exchequer take the accounts of the receivers, who collect the revenues.-4 Inst. 106. Receiversgeneral of fee-farm rents, &c., are also termed auditors, and hold their audits for adjusting the A verbis legis non est recedendun. 5 Co. 118. (From the words of the law there should not be any departure.) accounts at certain times and places. There left in cornfields after harvest. In Kent it is are also auditors assigned by the Court of Audit, called gratten, and in other parts roughings. and also to settle accounts in actions of account, (5.) Average prices, such as are computed on &c.—1 Brown, 24. [In Pennsylvania, and per- all the prices of any article sold within a certain haps in some other of the United States, audi- period or district. tors are persons to whom the courts refer accounts of executors, administrators, assignees, and other trustees, with directions to audit, settle, and adjust the same, and to make such distribution as is required by law, and to report their opinions upon questions touching the same. -See Troubat & Haly's Practice, h. t. In some respects their duties are analogous to those of Masters in Chancery.] AUDITOR OF THE RECEIPTS, an officer of the Exchequer, who files the teller's bills, and having made an entry of them, he gives the Lord Treasurer, &c., a weekly account of the money received.-4 Inst. 107; 46 Geo. III. c. 1. AUDITORES, the catechumens, or those newly instructed in the mysteries of the Christian religion before admission to baptism. Auditorium, now called the nave, is the place in the church where they stand to hear and be instructed.-Blount. AUDITORS OF THE IMPREST, officers in the Exchequer, who formerly had the charge of auditing the accounts of the customs, naval and military expenses, &c., now performed by the Commissioners for auditing public accounts. -Prac. Exc. 83. AVALONIA, the ancient name of Glastonbury, in Somersetshire. AVENAGE, a certain quantity of oats paid by a tenant to his landlord as a rent or in lieu of some other duties.-Blount. AVENOR, an officer belonging to the royal stables, who provided oats for the horses. 13 Car. II. c. 8. ADVENTURE, adventures or trials of skill at arms; military exercises on horseback.Brady's Append. Hist. Eng. 250. AVENTURE, or ADVENTURE, a mischance causing the death of a man, as where a person is suddenly drowned or killed by any accident, without felony.-Co. Litt. 391. AVERA, a day's work of a ploughman, formerly valued at 8d.-Domesday-Book. AVERAGE, a medium, a mean proportion, used in five senses: (1.) A service which a tenant owes to his lord by horse or carriage. (2.) A contribution, which merchants and others make towards their losses, when they have their goods cast into the sea, for the safety of a ship, or of the other goods and lives of persons during a tempest. It is apportioned and allotted after the rate of every man's goods carried. So if goods insured for a voyage reach their destination, but are in some degree injured by any of the accidents insured against, this is an average loss, and the insurers are bound to compensate the insured in the proportion which the average loss bears to the whole insurance.Park on Insurance. (3.) Also a small duty paid to masters of ships, when goods are sent in another man's ship, for their care of the goods over and above the freight.-2 Sel. Nisi Prius, 952. (4.) Stubble, or remainder of straw and grass | This maxim directs the construction put upon Acts of Parliament, against the express letter of which the courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio quæ corrumpit textum (an exposition which corrupts the text is bad).-4 Co. 35. AVER-CORN, a reserved rent in corn paid to religious houses.-Blount. AVER-LAND, that which tenants ploughed and manured for the proper use of a monastery, or the lords of the soil.-Mon. Angl. AVER-PENNY (or average penny), money paid towards the king's averages or carriages, and so to be freed thereof.-Rastal. AVER-SILVER, a custom or rent formerly so called.—Cowel. AVERIA, cattle.-Spelman. AVERIA CARUCE, beasts of the plough. AVERIA ELONGATA, cattle eloigned, i. e. carried off. AVERIIS CAPTIS IN WITHERNAM, a writ for the taking of cattle to his use, who has cattle unlawfully distrained by another and driven out of the country, where they were taken so that they cannot be replevied by the sheriff.Reg. Orig. 82. AVERIUM, the best live beast due to the lord as an heriot on his tenant's death.—2 Bl. Com. 424. AVERMENT (fr. vereficatio, Lat.), an advancement or affirmation of any new matter in a pleading, and when new matter was introduced the pleading concluded with a verification, except in the anomalous case of the general plea of policy under 6 Geo. IV. c. 16. Verifications or averments were of two kinds : common and special. Common were applied to ordinary cases, and were in the following form: "And this the plaintiff (or defendant) is ready to verify." Special were used where the matter pleaded was intended to be tried by record or by some other method than a jury. They were in the following forms: "And this the plaintiff (or defendant) is ready to verify, by the said record," or, "And this the plaintiff (or defendant) is ready to verify, when, where, and in such manner as the court here shall order, direct, or appoint." Consult Steph. Plead. as to the origin of this rule, &c., p. 479. Needless averments are not now permitted in pleadings, and a formal conclusion is no longer necessary.-15 & 16 Vict. c. 76, ss. 49 & 67. AVERRARE, a duty required from some customary tenants, to carry goods in a wagon or upon loaded horses.-Blount. AVETTING (or abetting), helping or assisting.-Scotch Law. AUGEA, a cistern for water.-Blount. (now abolished), erected 27 Hen. VIII., to determine suits and controversies relating to monasteries and abbey lands.-Termes de la Ley, 61. AUGMENTATION OF STIPENDS. In order to secure a better provision for the reformed clergy of the Church of Scotland, the Court of Sessions has power to modify or increase stipends to the clergy out of the teinds of the parish in which the minister officiates.-Scotch Law. AUGUSTA, the ancient name of London. Augusta legibus soluta non est. (The wife of the emperor is not exempted from the laws.) AVIA, a grandmother. A VINCULO MATRIMONII (from the chain of wedlock). It was a total divorce obtained from the Ecclesiastical Court, on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were, therefore, separated, pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties might have contracted another marriage. Though this divorce could not have been obtained in the regular course of law, on the ground of adultery, yet it was frequently granted on that ground by a private Act of Parliament; as it had become the practice of the Legislature to exercise its authority in this matter by way of extraordinary relief to the injured party. The proceeding originated in the House of Lords, and to prevent collusion, the petitioner for a divorce bill must have attended upon its second reading, to be examined at the bar; the adultery was proved by witnesses. Evidence must also have been given in committee on the bill, that a sentence of divorce had been obtained in the Spiritual Court, and (where the husband was the petitioner) that judgment had been given for the husband in some Court of Law, in an action for damages brought by him against the seducer. Where no such proceeding had taken place, Parliament required some satisfactory reason to be given for the omission, as that the husband had been unable to discover the adulterer, or that he died before a verdict could be obtained against him. In passing the bill, the Legislature usually make some provision for the wife out of the husband's estate. A dissolution of marriage by the Court for Divorce and Matrimonial Causes has superseded this kind of divorce.-20 & 21 Vict. c. 85, s. 27. AVISAMENTUM, advice or counsel. Blount. AVITOUS (fr. avitus, Lat.), left by a per son's ancestors. AULA, a Court Baron.- Watkins on Copyholds. AULA, DE, Hall. AULA REGIS or REGIA, a court established by William the Conqueror in his own hall; it was composed of the great officers of state, resident in the palace, and followed the King's household in all his expeditions. The trial of common causes in it was, on this account, very burdensome to the people, and accordingly the 11th chapter of Magna Charta thus enacted: " Communia placita non sequantur curiam regis, sed teneantur in aliquo certo loco." This certain place was established in Westminster Hall, where it has ever since continued under the name of the Court of Common Pleas, or Common Bench.-Brac. L. 3, tr. 1, c. 7; 3 Bl. Com. 39. AULA ECCLESIÆ, a nave or body of a church where temporal courts were anciently held.-Eadm. 1. 6, p. 141. AULNAGER (fr. ulna, Lat., an ell), an ancient officer appointed by the king, whose business it was to measure all woollen cloth made for sale, that the Crown might not be defrauded of customs and duties.-Termes de la Ley, 37. AUMEEN, trustee, commissioner; a temporary collector or supravisor, appointed to the charge of a country on the removal of a zemindar, or for any other particular purpose of local investigation or arrangement.—Indian. AUMIL, agent, officer, native collector of revenue; superintendent of a district or division of a country, either on the part of the government, zemindar, or renter.-Indian. AUMILDAR, agent; the holder of an office; an intendant and collector of the revenue, uniting civil, military, and financial powers, under the Mahomedan government.-Indian. AUMONE, SERVICE IN, where lands are given in alms to some church or religious house, upon condition that a service or prayers shall be offered at certain times for the repose of the donor's soul.-Brit. 164. AUNCEL WEIGHT, an ancient manner of weighing by the hanging of scales or hooks at either end of a beam or staff, which by lifting up in the middle discovered the equality or difference between the weight at one end and the thing weighed at the other. This weighing being subject to great deceit, was prohibited and the even balance commanded in its stead. But, notwithstanding, it is still used in some parts of England, and what are now called stilliards, which show the pounds by certain notches on a beam, are very similar to the auncel weight.— Termes de la Ley, 66. AUNCIATUS, antiquated.-Blount. AUNCIENT DEMESN. See ANCIENT DE MESNE. AUNT, the sister of one's father or mother, and a relation in the third degree, correlative to niece or nephew. AVOIDANCE, when a benefice is void of an incumbent, in which sense it is opposed to plenarty.-Jacob. Also an evitation or making void. AVOIDANCE OF A DECISION. When a motion has been made in Parliament, upon which the House happens to be unwilling to come to a vote, there are formal modes of avoiding a decision, amongst which are, passing "to the other orders," or moving "the previous question." The former means that the House should, casting aside and taking no further notice of the matter then before it, proceed to the other business appointed for that day; the latter, that a vote be previously taken as to the expediency of coming to any decision on the question raised. If "the previous question" of expediency be negatived, the motion to which it referred is only gotten rid of for the time, whereas a direct ne gative to the motion itself would be a proscription of it for the remainder of the session, as well as a denial of its principle. With respect to a bill moving that it "be read this day six months," or "this day three months," this is a mode of throwing it out without coming to an express declaration against the principle of the measure.-Dod's Parl. Comp. AVOIR-DU-POIS, or ́AVER-DU-POIS (to have full weight), a certain method of weighing goods, allowing 16 ounces to the pound, whilst Troy-weight allows but 12. AVONA, the ancient name of Bungay, in Suffolk, and Hampton Court. AVONÆ VALLIS, the ancient name of Avondale, or Oundale, in Northamptonshire. AVOW. See ADvow. AUSTURCUS, and OSTURCUS, a goshawk, whence a falconer keeping such kind of hawks is called ostringer. Unum austurcum used to be reserved as a rent to the lord, and may be seen in some ancient deeds.-Blount. AUTER, or AUTRE, ACTION PENDANT, another action pending. AUTER, or AUTRE DROIT, in right of another, e. g. a trustee holds trust-property in right of his cestui que trust. A prochein amy sues in right of an infant.-2 Bl. Com. 176. AUTHENTIC, an undoubted original. AUTHENTIC ACT, that which has been executed before a notary or other public officer, authorized to execute such functions, or which is testified by a public seal, or has been rendered public by the authority of a competent magistrate, or which is certified as being a copy of a public register.-Civil Law. AVOWANT, one who makes an avowry. AVOWEE. See ADVOWEE. AVOWRY, or ADVOWRY, a pleading in the AUTHENTICATION, an attestation made action of replevin, which states the nature and by a proper officer, by which he certifies that a merits of the defence, and justifies or avows record is in due form of law, and that the person taking the distress in his (the defendant's) own who certifies it is the officer appointed so to do. right, which, if so, will entitle him to a judgment AUTHENTICS, a collection of the Novels de retorno habendo. An avowry is in the nature of Justinian, made by an anonymous author. It of a declaration, the avowant being a plaintiff is called authentic on account of its authority. (actor). In an avowry for rent, the landlord--Civil Law. defendant needs not set out his title by 11 Geo. II. c. 19, s. 22; which does not, however, extend to damage feasant.- Woodf. Land. and T. by Horn, 681 et seq. AVOWTERER, AVOUTERER, an adulterer. The crime being called Avowtry. AURENEY, AURNEY, AURIGNEY, the ancient name of Alderney, an island in the English Channel. AUREO VADO, DE, the ancient name of Guldeford, or Guildford, in Surrey. AURES, a Saxon punishment by cutting off the ears, inflicted on those who robbed churches, or were guilty of any other theft.-Fleta, 1. 1, c. 38. par. 10. 10. AURICULARIUS, a secretary.-Mon. Ang. AUTHORITIES, the citations which are made of laws, acts of the legislature, and decided cases, and opinions of elementary writers. AUTHORITY, a right; also a legal power to do something given by one man to another. Consult Vin. Abr. tit. Authority, and Sugden on Powers. AUTOCHIRIA, AUTOCTONIA, AUTOPHONIA, suicide.-Dunglison. AUTOCRACY, an irresponsible monarchy. AUTOGRAPH, the real hand-writing of any penman or author, and not a copy. AUTONOMASY (fr. avros, self, and ovoμa, name, Gk.), in rhetoric, a word of general signification, used for the name of a particular thing. AUTREFOIS ACQUIT (formerly acquitted), a plea in criminal cases; when a person is indicted for an offence and acquitted, he cannot be afterwards indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted on it; and if he be thus indicted a second time, he may plead autrefois acquit, which will be a good bar to the indictment. The true test by which the question, whether such a plea is a sufficient bar in any particular case, may be tried, is, whether the evidence necessary to support the second re-indictment would have been sufficient to procure a legal conviction upon the first.-R. v. Emden, 9 East, 437; 14 & 15 Vict. c. 100, s. 28. AURUM REGINE, queen's gold. A royal revenue, belonging to every queen consort during her marriage with the king, and due from every person who has made a voluntary offering or fine to the king, amounting to ten marks or upwards, for and in consideration of any privileges, grants, licenses, pardons, or other matters of royal favor conferred upon him by the king, and it is due in the proportion of one-tenth part more over and above the entire offering or fine made to the king, and becomes an actual debt of record to the queen's majesty by the mere cording of the fine.-2 Step. Com. 455. AUSCULTARE, to hear monks read and to direct them how and in what manner they should do it with a graceful tone of accent to make an impression on their hearers, which was required before they were admitted to read publicly in the church. AUSTRALIAN COLONIES, see 13 & 14 Vict. c. 59; and 18 & 19 Vict. c. 56. AUSTRÁLIA (SOUTH), see 4 & 5 Wm. IV. c. 95; 1 & 2 Vict. c. 60; 5 & 6 Vict. c. 61; and 18 & 19 Vict. c. 56. AUSTRALIA (WESTERN), see 10 Geo. IV. c. 22; and 9 & 10 Vict. c. 35. AUTREFOIS ATTAINT (formerly attainted), a plea in criminal cases. Before 7 & 8 Geo. IV. c. 28, s. 4, if a man were attainted of treason or felony, whilst the attainder remained in force, he could not, with certain exceptions, be indicted for another felony, whether such other felony were committed before or after his attainder; because, being already attainted, and, therefore, dead in contemplation of law, and his property forfeited, a prosecution for any other offence was considered useless. But now at tainder is no bar, unless for the same offence |