Afforce definition

Afforce





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Afforce \Af*force"\, v. t. [OF. afforcier, LL. affortiare; ad +
     fortiare, fr. L. fortis strong.]
     To re["e]nforce; to strengthen. --Hallam.
     [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:



  AFFORCE, AFFORCEMENT OF THE ASSIZE, Old English law, practice. An ancient
  practice in trials by jury, which is explained by Bracton, (fo. 185, b. 292
  a) and by the author of Fleta, lib. 4, cap. 9, Sec. 2. It consisted in
  adding other jurors to the panel of jurors, after the cause had been
  committed to them, in case they could not agree in a verdict. The author of
  Fleta (ubi sup) thus describes it. The oath having been administered to the
  jury, the (prenotarius) prothonotary, addressed them thus: "You will say
  upon the oath you have taken, whether such a one unjustly and without
  judgment disseised such a one of his freehold in such a ville within three
  years or not." The justices also repeat for the instruction of, the jurors
  the plaint of the plaintiff, &c. The jurors then retire and confer together,
  &c. If the jurors differ among themselves and cannot agree in one
  (sententiam) finding, it will be in the discretion of the judges, &c; to
  afforce the assize by others, provided there remain of the jurors summoned
  many as the major party of the dissenting jurors; or they may compel the
  same jurors to unanimity, viz. by directing the sheriff to keep them safely
  without, meat or drink until they agree. The object of adding to the panel a
  number equal to the major party of the dissenting jurors, was to ensure a
  verdict by twelve of them, if the jurors thus added to the panel should
  concur with the minor party of the dissenting jurors. This practice of
  afforcing the assize, was in reality a second trial of the cause, and was
  abandoned, because the courts found it would save delay and trouble by
  insisting upon unanimity. The practice of confining jurors without meat and
  drink in order to enforce unanimity, has in more modern times also been
  abandoned and the more rational practice adopted of discharging the jury and
  summoning a new one for the trial of the cause, in cases where they cannot
  agree. This expedient for enforcing unanimity was probably introduced from
  the canon law, as we find it was resorted to on the continent, in other
  cases where the unanimity of a consultative or deliberative body was deemed
  indispensable. See Barring. on Stats. 19, 20; 1, Fournel, Hist. des Avocats,
  28, note.
  
    TO AFFRANCHISE. To make free.
  
    AFFRAY, criminal law. The fighting of two or more persons, in some public
  place, to the terror of the people.
       2. To constitute this offence there must be, 1st, a fighting; 2d, the
  fighting must be between two or more persons; 3d, it must be in some public
  place ; 4th, it must be to the terror of the people.
       3. It differs from a riot, it not being premeditated; for if any
  persons meet together upon any lawful or innocent occasion, and happen on a
  sudden to engage in fighting, they are not guilty of a riot but an affray
  only; and in that case none are guilty except those actually engaged in it.
  Hawk. b. 1, c. 65, s. 3 ; 4 Bl. Com. 146; 1 Russell, 271.
  
  

















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