AFFRAY.

Affray. The fighting of two or more persons in some public place to the terror of the people. It differs from a riot in not being premeditated. See CRIMES AND PUNISHMENTS.

AFORETHOUGHT.

Aforethought.-Premeditated; prepense. The length of time during which the accused has entertained the thought of committing the offense is not very material provided he has in fact entertained such thought; he is thereby rendered criminal in a greater degree than if he had committed the offense without premeditation. See CRIMES AND PUNISH

MENTS.

AGENCY.

Principal and Agent.-Whenever one person authorizes another to represent or do any business for him, the person so authorizing is the principal, and the person authorized is the agent; and the agent may bind the principal to the extent of his authority and no further, unless after the unauthorized act the principal confirms it expressly or by implication.

Who may be Agent.-One who is disqualified from contracting on his own account may act as the agent of another competent person. Thus infants and married women may act as agents.

Responsibility of Principal.-The principal is responsible for the acts of his agent, and is not permitted to deny them whenever it appears that he has actually given authority to the agent to act for him; and also when by words or acts he has permitted those with whom he deals to believe him to be clothed with full authority. The responsibility of the principal rests on two grounds: 1st. The giving of actual authority. 2d. Leading those who deal with the agent to believe that such authority is given.

Different kinds of Agents.-Agents are of two kinds, general and special. A general agent is one who is authorized to act for the principal in all his business of a particular kind. A special agent is only authorized to act for his principal in one or a few specified things. It is sometimes difficult to distinguish between a special and general agent, but it is always safe to conclude that an agent has authority to do any act within the scope of the business engaged in. For example: An agent doing a banking business in the name of another will be presumed to have authority to receive deposits, general or special; and also in mercantile transactions, an agent may buy or sell on credit if such is the custom of those merchants engaged in similar business. In such cases, it may be a fact that the banking agent has no authority to receive deposits, nor the mercantile agent no authority to buy or sell on credit; still the principal will be bound unless he can show clearly that those dealing with the agent had notice of the want of authority in the agent.

This is not the Rule, in special agencies, because the agent is appointed for a specified purpose, and those who deal with him must inquire into the extent of his authority.

Authority, how Given.-Authority may be given to an agent either by writing or by word of mouth. If the agent is expected to deal with real estate in any way the authority must be in writing, and such writing is called a power of attorney. [See POWER OF ATTORNEY, post.] Where the authority is oral the agent may make written contracts to bind his principal; but not under seal. If one is repeatedly employed to do certain things—as a wife, son or daughter, to collect rents, sign receipts and the like, or a servant to make purchases-in these cases one dealing with such person is justified in believing him authorized by the principal to do those things.

Confirmation of Agent's Acts.-An agency may be confirmed by any subsequent adoption and ratisfaction; but only in cases where the person so ratifying had knowledge of all the principal material facts; and it is a general rule of law, that a person who holds and enjoys the beneficial

results of the acts of a person who assumes to act as his agent, is estopped from denying that such person was his agent. And this rule has been carried to the extent of holding valid the acts, under seal, of an unauthorized person, where a benefit had resulted and had been enjoyed by his assumed principal. If the acts of a person assuming to be an agent, are not disavowed within a reasonable time by the supposed principal after knowledge, he will be bound.

Responsibility of Agent. Whenever an agent departs from his authority, so the principal is not bound by his acts, he becomes himself responsible as though he had not assumed to act as agent.

AGISTER.

Agister.-One who takes in horses or other animals to pasture at certain rates. He is not bound to take all horses offered to him, nor is he liable for any injury done to such animals in his care, unless he has been guilty of negligence. He has no lien on the animal for his charges; nor has a livery-stable keeper. An inn keeper has a lien.

AGREEMENT.

Agreement.-A coming together of parties in opinion or determination; the union of two or more minds in a thing done or to be done; a mutual assent to do a thing. All contracts are agreements. See CONTRACTS.

ALIBI.

Alibi.-Presence in another place than that described. When a person charged with a crime proves that he was at the time alleged in a different place from that in which it was committed, he is said to prove an abbi, the effect of which is to lay a foundation for the necessary inference that he could not have committed it.

ALIEN.

See

Alien. One of foreign birth. In the United States, one born out of the jurisdiction of the United States. NATURALIZATION.

ALIENATION.

Alienation of Estates.-The transfer of the property and possession of lands, tenements and other things, from one person to another. It is particularly applied to absolute conveyances of real property.

ALIMONY.

Support of Wife.-Alimony is defined to be the allowance which a husband, by order of court, pays to his wife, living separate from him, for her maintenance.

Pending Suit.-Alimony, pending suit, is that ordered during the pendency of an action. See DIVORCE.

Permanent Alimony.-Permanent alimony is that ordered by the court for the use of the wife after the termination of the suit.

The Practice of all courts on the Pacific Coast is to decree costs and alimony where the husband drives the wife from his house, or refuses to support her without just cause; in such case the wife is not compelled to sue for divorce, but can sue to compel her husband to support her, and even in cases where she has no legal ground of divorce. Where a divorce has been granted the court will always decree alimony, if the wife is without fault.

During the pendency of an action for divorce, whether the wife be plaintiff or defendant, the court will decree alimony to her if it appears by affidavit that she has not sufficient means to carry on the suit. In such case, the court usually orders a certain sum to be paid her for costs, counsel fees and support, during the action. The amount depends

on the wealth of the husband, who can defeat the application altogether if it appears that he is poor and without means. It is usually paid at stated periods, as for instance, on the first day of every month or every year, depending, in a great measure, on the situation of the parties; but it is never paid in one sum, as that would not be alimony but division of the property. In Utah, even, the courts decree alimony, notwithstanding the probable financial ruin of the husband in case thirty of his wives should join a bill for divorce. In such case alimony would become a word synonymous with oppression.

ALLEGIANCE.

Allegiance. The tie which binds the citizen to the government, in return for the protection which the government affords him. When a citizen of one country renounces his allegiance and becomes a citizen of another he acquires a new allegiance. Natural allegiance, is that which results from the birth of a person in the country of his father. See NATURALIZATION.

ALLIANCE.

Alliance. The union or connection of two persons or families by marriage; affinity.

In International Law.-A contract, treaty or league, between two sovereigns or states, made to increase their safety and common defense.

ALLUVIUM.

Alluvium.-The increase of the earth on a shore or bank of a river by the force of the water, as by a current or by waves, which is so graded that no one can judge how much is added at each moment of time. The proprietor of the bank so increased is entitled to the addition so deposited.