wholly dependent, (a) if employee was permanently totally disabled, sum equal to four times average annual earnings, but which added to disability payments to date of death shall not exceed six times average annual earnings. (b) If not permanently disabled, sum which added to disability indemnity equals four times average annual earnings. 3. If death occurs other than as proximate result of accident, before disability indemnity ceases. (a) if accident proximately causes permanent total disability same as if accident had caused death. (b) Where accident proximately causes permanent partial disability, such benefit as fairly represents proportionate extent of earning capacity. If only partial dependents, death benefit not exceeding four times amount devoted by deceased during preceding year to support of such dependents, apportioned according to proportion of such amount to entire earnings. If no dependents burial expenses, $100. 4. In case of total disability, 65% of average weekly earnings, and during time nurse required after first 90 days, entire weekly earnings. 5. In case of partial disability, 65% of weekly loss of wages during disability. For certain specified mutilations 65% of weekly earnings for from 4 to 200 weeks. In case of permanent disfigurement of face or head, not exceeding $750. In case of temporary or partial disability aggregate indemnity not to exceed four times average annual earnings, and in case of permanent total disability, six times annual earnings. Aggregate disability period not to exceed 15 years. Weekly indemnity due on 8th day withheld but paid afterwards if disability continues until 29th day. In case of permanent injury to employee over 55 compensation reduced 5%; over 60, 10%; over 65, 15%. If injury result from wilful failure to use safety devices, or to obey reasonable rules for safety or from intoxication, indemnity reduced 15%. - Notice of injury within 30 days. If no notice or payment within two years claim barred. Employer must insure in some liability company or satisfy Commission of financial ability. Provision also made for mutal employers' insurance company.

GLOSSARY

OF

LAW TERMS IN COMMON USE

929

A.

ABANDONMENT. A surrender of rights to property, or of property, by one person to another. Used in marine insurance, when the insured, having been paid as for a total loss, abandons what is left or saved of the property to the insurers.

ABATE. Literally, to throw down. Applied principally to nuisances, and then means their prostration or removal.

ABET. One abets another to commit a crime, by encouraging, command. ing, procuring, or counselling him thereto.

ABDUCTION. Forcibly taking away or detaining a man's wife or child. ABSCOND. To go out of the jurisdiction of the courts, or conceal one's self, for the purpose of avoiding their process.

ACCEPTANCE. The reception of something offered by another with the purpose of retaining it; or of an order given by another. See chapters on AGREEMENTS, SALES, and NOTES AND BILLS.

ACCESSION. The right by which one holds all of one's own property together with all of that which has become united to it, naturally or artificially.

ACCESSORY. In criminal law, means one who is concerned in the perpetration of an offence, before the fact, by procuring, counselling, or commanding another to commit it; or, after the fact, one who, knowing the crime to have been committed, relieves, comforts, or assists the criminal.

ACCRETION. The increase of real estate by portions of soil that are added to it through the operation of natural and gradual causes.

ACCRUE. To grow from, or to be added to, as interest accrues on the principal.

ACKNOWLEDGMENT. The act of declaring an act or deed to be his by one who executed the same. There are various ways of making an acknowl. edgment. See chapter on DEEDS CONVEYING LAND, and forms annexed thereto.

930

ACT OF GOD. An accident which arises from a cause that operates without the interference of or aid from man. See chapter on CARRIAGE OF GOODS.

ACTION. Literally, a doing of any thing. In law, it means a demand, made according to the rules of law, in a court of justice, of property, or a right to property, from some other person. The word "suit" is

sometimes used in the same sense.

AD LITEM. Literally, for the suit. Every court has power to appoint a guardian for the suit for one who needs such assistance.

ADJOURNMENT. Literally, putting off to another day. Generally applied to assemblies, who either adjourn without day or finally, or else to a day then or previously determined. ADMINISTRATOR and ADMINISTRATION.

ADMINISTRATORS.

See chapter on EXECUTORS AND

ADMIRALTY. A court of admiralty has a large and, for some purposes, an exclusive jurisdiction over maritime causes, civil or criminal.

ADULTERY. Sexual intercourse of a married person with a person who is not the criminal's husband or wife.

ADVANCEMENT. A gift from a parent to a child by anticipation of the whole or some part of what that child would naturally inherit on the death of the parent.

ADVERSE POSSESSION. Possession or enjoyment of land under such circumstances as indicate that the land is claimed and enjoyed as the possessor's. If such possession has been continued for twenty years, the law generally raises the presumption that it was rightful.

ADVOCATE. One who assists or makes a plea or an argument for a party to an action in court.

AFFINITY. The connection or relation caused by marriage between each of the married persons and the kindred of the other.

AFFIRM, AFFIRMATION. They who have conscientious scruples against taking an oath are now generally permitted to affirm, "under the pains and penalties of perjury; " the affirmation being substituted for the oath. AGENCY. See chapter on AGENCY.

ALIAS. Means, literally, otherwise, or at another time. A man is said to be named John Smith, alias Richard Roe; and if an execution is returned unsatisfied, an alias execution is issued.

ALIBI. Presence in a place different from that before described or alleged; as, when a man charged with an offence committed at a certain time and place proves an alibi; that is, that he was somewhere else at that time.

ALIEN. A person of foreign birth.

ALIMONY. Legally decreed support of wife by husband after separation. ALLEGIANCE. The obligation or duty which holds a citizen or subject to his government or sovereign.

ALLUVION. The increase of earth on the shore of the sea or the bank of a river, caused by the water, acting slowly and gradually. If the increase is sudden and violent, and the land can be traced back to that from which it is torn, it is said to belong to the original owner.

AMBASSADOR. One sent abroad by some sovereign, prince, or State on public business. Public ministers are of different ranks. First, ambassador; then, minister plenipotentiary and envoy extraordinary; then, minister resident; then, chargé d'affaires.

AMBIGUITY. Literally, doubtfulness. If it be latent, that is, only discovered by evidence bearing on an instrument, it may be cured or explained by evidence; if it be patent, that is, apparent on the face of the instrument, it cannot be explained by evidence, but makes the instrument inoperative as far as the ambiguity extends.

ANCESTOR. In law, one who has preceded another in a direct line of

ascent.

ANNUITY. A sum of money which is to be paid to another for a certain term. When this annuity is charged upon land, it is called a rentcharge.

ANTENUPTIAL. This word is applied to bargains and settlements made be fore and with a view to an expected marriage.

APPEAL. The removal of an action at law from an inferior court to a higher court by a party seeking a review or new trial. The party appealing is the appellant, the other party is the appellee.

APPRAISEMENT.

An accurate valuation of property. This word is mainly

used in probate matters.

APPRENTICE. See chapter on APPRENTICESHIP.

APPROPRIATION. See chapter on PAYMENT.

APPROVER. A word much used in English criminal law, but not so much in this country. It means one who confesses himself guilty of a crime, and accuses others for the purpose of saving himself. Here such a person is commonly said to be or to give State's evidence.

APPURTENANCES. Things which belong to another or principal thing, as incident to the principal thing, and which pass or go with the principal thing when that is conveyed or transferred. Mainly applied to land, but sometimes to a ship.

ARISTOCRACY. A government in which a class of men have supreme and exclusive authority.

ARRAIGN. A prisoner is arraigned when he is called to the bar of a court to answer the charge in the indictment or complaint.

ARRAY.

The whole number of persons who are summoned to court to serve as jurymen. From the whole array are selected those who serve on the several juries.

ARREST. The seizing of a person, and depriving him of his liberty, by legal authority and process.

ARSON. The malicious burning of the house of another person. Some part of it must be burned; but the word "house" here comprehends all out-houses, such as barn or stable, cow-house, and the like, which belong to the house, and are within the curtilage, or the common fence, which includes them all.

ARTICLES. The specific divisions of a document or instrument, written or printed. Thus the name was given to the articles of confederation

which preceded our Constitution. Articles of impeachment are the specific allegations charged against the impeached. Articles of partnership are the specific agreements of the parties. Articles of war is the name given to the code of laws, established for the government of the army, and to that for the government of the navy.

ASSASSINATION. Is, in law, murder committed for hire, and with no personal cause moving from the murdered to the murderer.

ASSAULT. An illegal and forcible attempt or offer to do a bodily harm to another.

ASSIGN. To transfer or make over to another. See chapter on ASSIGN

MENTS.

ASSURANCE. Same as insurance; so of Assured and Assurer. Also, sometimes, an instrument which confirms the title to an estate.

ATTAINDER. Sentence of treason by a governing body without judicial trial, with forfeiture of property and of right of transmitting by inheritance.

ATTORNEY. One who has been put by some person in his place or stead, with authority to manage some business for him. See chapter on AGENCY. An attorney-at-law is an officer in a court of justice who has been admitted to practise there.

AUTHORITIES. The decisions of courts "hich are referred to as declaring or confirming some point of law.

AUTHORITY. The delegation of power by a principal to some person as his agent or attorney. See chapter on AGENCY.

AVERAGE. A term mainly used in marine insurance. A general average loss is, in insurance and shipping law, a loss purposely incurred or sustained for the common benefit of the ship, freight, and cargo; all three of which interests contribute to make up the loss, in proportion to their respective values incurring the same danger and escaping from it. Particular average is a loss on either the ship, the cargo, or the freight, and is borne by the owner or insurer of that interest; it is often called a partial loss.

AWARD. See chapter on ARBITRATION.

B.

BAIL. This word commonly means those persons who become sureties for the appearance of a defendant in court, and to whom he is delivered. The powers of bail over a defendant are very great. When they are provided with the proper instrument from the court, they may arrest him wherever he is, although in a different State, or whatever he may be employed about, even on Sunday, and may do whatever is necessary to get at him; and they may command the assistance of the sheriff and other civil officers.

BAIL-BOND.

This is the bond by which the bail becomes securities for the defendants. Our Constitution prohibits the requiring of excessive bail.

BAILMENT. The putting something into the hands of another, or delivering it to him. The bailor is he who delivers; the bailee, he to whom de