ALL FAULTS.-V. FAULTS.

ALL INTENTS AND PURPOSES.-An act disgavelling lands to "all intents and purposes," and declaring that they should be "descendible as lands at common law," was held only to disgavel quà descent (Wiseman v. Cotton, 1 Lev. 80).

V. VOID.

ALL TIMES.-V. AT ALL TIMES: AT ALL TIMES OF TIDE.

ALLEGED.-V. AS ALLEGED.

ALLOTMENT.-V. ON ALLOTMENT.

ALLOWANCE.-A mere " Allowance," agreed to by a Lessor by a memorandum on the lease, does not operate as a reduction of the rent reserved, but only as an independent agreement (Davies v. Stacey, 9 L. J. Q. B. 393; 12 A. & E. 506; 4 P. & D. 157).

ALLOWANCES.-"Allowances," s. 189, P. H. Act, 1875; V. Burgess v. Clark, 14 Q. B. D. 735: Edwards v. Salmon, 58 L. J. Q. B. 571; 23 Q. B. D. 531 : Whiteley v. Barley, 57 L. J. Q. B. 643; 21 Q. B. D. 154; 36 W. R. 823; 52 J. P. 595 : R. v. Ramsgate, 58 L. J. Q. B. 352 ; 23 Q. B. D. 66.

V. JUST ALLOWANCES.

ALLOWING.—V. BEING.

ALLOWS.-V. SO FAR AS.

ALMS. The disqualification to be enrolled as a Burgess of an Incorporated Borough arising from the receipt of "parochial relief or other Alms (5 & 6 W. 4, c. 76, s. 9, and now by 32 & 33 V. c. 55, s. 1), applies only to such alms as are parochial (R. v. Lichfield, 11 L. J. Q. B. 122; 2 Q. B. 693; 2 G. & D. 10). But as regards the Parliamentary franchise, the disqualification arises from the receipt of "parochial relief or other alms which by law of parliament now disqualify from voting" (Reform Act, 2 W. 4, c. 45, s. 36); and that amplification differentiates the parliamentary from the municipal disqualification, and alms which will disqualify for the parliamentary franchise are not confined to those that are parochial : but any alms of a precarious tenure to persons so indigent that they are dependent on the charity will work the latter disqualification (Smith v. Hall, 33 L. J. C. P. 59; 15 C. B. N. S. 485; Harrison v. Carter, 46 L. J. C. P. 57; 2 C. P. D. 26: Edwards v. Lloyd, 57 L. J. Q. B. 121; 20 Q. B. D. 302; 58 L. T. 409; 52 J. P. 519). Vf. Rogers, 196-200: PAROCHIAL RELIEF.

ALMSHOUSE.—V. HOSPITAL.

ALNETUM.-" A wood of elders" (Touch. 95; Va. Co. Litt. 4 b).

ALODIUM." In Domesday, alodium (in a large sense) signifieth a

free mannor, and alodiarii or alodarii, lords of the same; and lannemanni there signifie lords of a mannor, having socam et sacam de tenentibus et hominibus suis" (Co. Litt. 5 a).

ALONG.-V. THROUGH.

ALONG WITH.-"Along with any other Persons," Ord. 21, R. 11, R. S. C.; V. Dear v. Sworder, 4 Ch. D. 482; 46 L. J. Ch. 100: Vf. Ann. Pr. 342.

"Along with other Sums" construed "in addition to,” not as "including" (Pilkington v. Myers, 8 L. T. 720).

ALONGSIDE.-Cargo "shall be Brought Alongside " for shipment, in a Charter-party, means that the charterer is to bring the cargo as near to the ship as practicable, and it is for the jury to say whether that has been done (Holman v. Dasnieres, 2 Times Rep. 480, 607). Vf. Fletcher v. Gillespie, 3 Bing. 635: Trindade v. Levy, 2 F. & F. 441: CARGO.

ALSO.-" Also," or "And Also," may be (1) the beginning of an entirely independent sentence, or (2) a copulative carrying on the sense of the immediately preceding words into those immediately succeeding. If the latter, the conditions of the preceding words would be read into those succeeding. Thus, "I give Blackacre to C. and his heirs, and also Whiteacre," gave C. the fee in Whiteacre (per Levinz, J., 1 Jarm. 497 n. Vf. Hopewell v. Ackland, 1 Salk. 239: Willis v. Curtois, 1 Bea. 189; 8 L. J. Ch. 105). Of course no such construction obtains when "Also" is the commencement of an independent sentence (Doe d. Ellam v. Westley, 4 B. & C. 667; 7 D. & Ry. 112: on which V. Wms. Exs. 1087; 1 Jarm. 497).

Words importing a tenancy in common in one bequest will not be extended by implication to another bequest which is merely connected with the former by "also" (2 Jarm. 256, citing Cookson v. Bingham, 17 Bea. 262; 23 L. J. Ch. 127).

A general description of property introduced by " And also " or the like, and following a particular description, will usually receive an ejusdem generis interpretation (Elph. 173 et seq.).

I. LIKEWISE.

ALTARAGIUM.-" Properly, that which is offered on the altar, and the profit which arises to the priest by reason of the altar; Spelm. It is sometimes said to include all vicarial or small tithes ; but this construction will not be adopted unless the word occurs in an old endowment, and is supported by usage; Franklin v. St. Cross, Bunb. 79" (Elph. 560).

ALTERED.-V. MATERIALLY ALTERED.

ALTOGETHER.-" Wound up altogether," s. 161, Companies Act, 1862; V. Re Hafod Hotel Co., W. N. (68), 86.

ALWAYS AFLOAT." So near thereto as she may safely get at all

times of tide, and always afloat,” in a Charter party; V. Horsley v. Price, 52 L. J. Q. B. 603; 11 Q. B. D. 244: Caffarini v. Walker, Ir. Rep. 9 C. L. 431: Nielsen v. Wait, 14 Q. B. D. 516.

AM. In a devise "such an expression as, all the lands of which I am seized in A.,' must be read as if written just before the testator's death: Doe v. Walker, -13 L. J. Ex. 153; 12 M. & W. 591" (per Kay, J., Re Portal to Lamb, 53 L. J. Ch. 1163). The decision in that latter case was reversed (54 L. J. Ch. 1012; 30 Ch. D. 50), without, however, affecting the proposition above cited. If. 1 Jarm. 333, 331: Now.

AMERCIAMENT.-" Explained and distinguished from a Fine; Beecher's Case, 8 Rep. 58 a: Godfrey's Case, 11 Rep. 42 a; Co. Litt. 126 b. et seq., where the Latin for Amerciament is said to be misericordia: Spelm. gives an explanation differing from that of Coke. The reason why an unsuccessful defendant was said in old time to be in mercy, &c.,' was that he was liable to be amerced for not having obeyed the King's writ immediately" (Elph. 560, which V. for further references).

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"There is a manifest diversity between a ransome and an amerciament; for ransome is ever when the law inflicteth a corporal punishment by imprisonment (and so is also a fine); but otherwise it is of an amerciament" (Co. Litt. 127 a). V. FINE RANSOM.

:

AMIABLES COMPOSITEURS." What is the force and meaning of that expression, Amiables Compositeurs,' by Canadian law? We find it in the 1346th Article of the Code of Civil Procedure: Arbitrators must hear the parties, and their respective proofs, or establish default against them, and decide according to the rules of law, unless they are dispensed from so doing by the terms of the submission, or unless they have been appointed as Amiables Compositeurs.' That is to say, if they are Amiables Compositeurs, they are to be exempt at all events from the strictness of the obligations expressed in the previous words. Their lordships would, no doubt, hesitate much before they held that to entitle arbitrators named as Amiables Compositeurs to disregard all law, and to be arbitrary in their dealings with the parties; but the distinction must have some reasonable effect given to it, and the least effect which can reasonably be given to the words is, that they dispense with the strict observance of those rules of law the nonobservance of which, as applied to awards, results in no more than irregularity" (per Selborne, E., Rolland v. Cassidy, 57 L. J. P. C. 100; 13 App. Ca. 770).

AMONG.-A testamentary gift to two or more "among," or "amongst," them creates a tenancy in common (2 Jarm. 257; Hawk. 112). V. BETWEEN.

AMOUNT SECURED." Amount secured," s. 15 (2) Building

Society Act, 1874, 37 & 38 V. c. 42, is not confined to principal money; but includes all moneys secured, whether for Principal, Interest, Fines or otherwise, and also all Instalments secured though not presently payable (per Chitty, J., Re Neath Building Society, 34 S. J. 11; 6 Times Rep. 13).

AMUSEMENT.-V. ENTERTAINMENT.

AN." An" is sometimes read in the most absolute sense as meaning "any,-whatsoever." "I am of opinion that the expression, an Act of Bankruptcy' (in s. 5 Bankry. Act, 1883), includes everything which by legislative enactment is made to be an act of bankruptcy whether by this Act itself or by some other Act passed before it came into operation" (per Cotton, L. J., in Ex p. Pratt, 53 L. J. Ch. 614).

ANCESTOR.-"Ancestor is derived of the Latine word antecessor, and in law there is a difference between antecessor and prædecessor. For antecessor is applied to a natural person; but prædecessor is applied to a body politique or corporate" (Co. Litt. 78 b).

"The word 'Ancestor' does not mean, either etymologically or technically, a lineal ancestor only; in illustration of which proposition I may refer to a passage in Com. Dig., Vol. I., 5th Ed., 705, as to the English writ of 'Mort d'Ancestor ;' which (it is said) 'does not lie upon the death of any Ancestor, except a father, mother, brother, sister, uncle, aunt, nephew or niece; for upon the death of another Ancestor, an aiel, besaiel, or cosinage lies" (per Selborne, L. C., Zetland v. Ld. Advocate, 3 App. Ca. 520). And per Ld. Hatherley (Ib.) the word "Ancestor," as used in the Sucn. Dy. Act, 1853 (V. SUCCESSION), is properly assignable to the person who really preceded in the estate, although that person may not be the progenitor of the Successor.

ANCHORAGE TOLL.-An Anchorage Toll is a Toll for every anchor-(and sometimes in respect of a vessel having no anchor),—cast in a port, or on anchorage ground proved, or legally presumed, to have once formed part of a port (Foreman v. Free Fishers of Whitstable, 38 L. J. C. P. 345; L. R. 4 H. L. 266: explaining Gann v. Free Fishers of Whitstable, 35 L. J. C. P. 29; 11 H. L. Ca. 192).

V. TOLLS.

ANCHORITE.-V. RECLUSE.

ANCIENT DEMESNE.-V. Elph. 560.

ANCIENT INCLOSURES.-V. OLD INCLOSURES.

ANCIENT MEADOW.-Meadow not broken up for 20 years (Murphy v. Daly, 13 Ir. Ch. Rep. 239).

ANCIENT RENT.-Where a Power of Leasing "is in the form (which, however, is now uncommon), that the Ancient Rents' shall be reserved,

S.J.D.

D

this would seem to mean, the rent reserved under the latest lease (if any), granted before the creation of the power. But subsequent leases may be looked at; and the question, where the leases vary, is one of fact for the jury" (Watson, Eq. 869, 870, citing Doe d. Douglas v. Lock, 2 A. & E. 705; 4 L. J. K. B. 113; 4 N. & M. 807: Doe d. Egremont v. Stephens, 6 Q. B. 208: Doe d. Biddulph v. Hole, 15 Q. B. 848; 20 L. J. Q. B. 57). In the lastly cited case, however, it was held that if the ancient custom is uniform, and the single lease varying therefrom is granted just before the creation of the Power, such exceptional lease cannot be taken as evidence of the custom.

On the construction of "Ancient," "Accustomed," or "Usual" rent, V. Sug. Pow. 790; Farwell on Powers, 494; 1 Platt, 414-423. The phrase generally employed now is BEST RENT, wh. V.

AND.-"And" has generally a cumulative sense, requiring the fulfilment of all the conditions that it joins together, and herein it is the antithesis of OR. Sometimes, however, even in such a connection it is, by force of a context, read as "Or": V. OR READ AS AND.

"And" may be relative as well as copulative (Dwar. 681).

Where there is a string of adjectives between the two last of which there is the conjunction "and," each adjective is, generally speaking, independent of its fellows. Thus a bequest for "Benevolent, Charitable and Religious purposes, means that it may be applied in either of those ways, and, as some are too indefinite, the bequest is bad (Williams v. Kershaw, 5 Cl. & F. 111 n). But sometimes the first adjective (especially when there are only two) is the controlling word of the enumeration which is merely qualified by that which follows. Thus in Re Sutton (54 L. J. Ch. 613 ; 28 Ch. D. 464; 33 W. R. 519), Pearson, J., held that a bequest for "Charitable and Deserving" objects was good, because such a collocation only contemplated one class of objects," the word 'Charitable' governs the whole sentence." In that case the learned judge gave the following illustration,—“Instead of giving to young persons under 21' you might add the words and unmarried,' and those words would undoubtedly restrict the meaning of the former words."

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As to the construction and apportionment where charitable and other ascertained objects are coupled in a bequest, V. 1 Jarm. 217, 218; Craflon v. Frith, 20 L. J. Ch. 198.

V. EXECUTORS.

AND READ AS BUT.-For an instance of this, V. jdgmt. Coleridge, C. J., R. v. Barclay, 51 L. J. M. C. 48; 8 Q. B. D. 486.

AND READ AS OR.-I. OR.

AND ALSO.-V. ALSO.

ANIMAL.-V. DOMESTIC ANIMAL.