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AFFEERORS 58
<br /> penalty appointed by statute. They were also appointed Affidavit to hold to bail.. An affidavit required in
<br /> to moderate fines, etc., in courts-baron. many cases before the defendant in a civil action may be
<br /> Affermer /[efarmey/. L. Fr. To let to farm. Also to arrested. Such an affidavit must contain a statement,
<br /> make sure, to establish or confirm. clearly and certainly expressed, by someone acquainted
<br /> with the fact, of an indebtedness from the defendant to
<br /> Affiance. To assure by pledge. An agreement by which the plaintiff, and must show a distinct cause of action.
<br /> a man and woman promise that they will marry each Affdare /afilieriv/. L. Lat. To put on record; to file or
<br /> other. affile. Affiletur /:cfaliytar/, let it be filed. De recordo
<br /> Affiant /afayant/. The person who makes and sub- affilatam, affiled of record.
<br /> scribes an affidavit. The word is used, in this sense,
<br /> interchangeably with "deponent." But the latter term ing t /put put on
<br /> il term employed in old practice, signify-
<br /> should be reserved as the designation of one who makes ile to put on file. [n modern usage it is contracted to
<br /> a deposition. file.
<br /> Affidare /&.?deriy/. At common law, to swear faith to; Affiliate /a(ili,yeyt/. Signifies a condition of being unit-
<br /> to pledge one's faith or do fealty by making oath. Used ed; being in close connection, allied, associated, or at-
<br /> of the mutual relation arising between landlord and tached as a member or branch.
<br /> tenant. 1 BI.Comm. 367. Affidavit is of kindred mean- Affiliate company. Company effectively controlled by
<br /> ing. another company. A branch, division, or subsidiary.
<br /> Under Investment Company Act(15 U S C A '§'80a-2),
<br /> Affidari /aefaderay/. To be mustered and enrolled for company in whtc' Oere gs ownership(d5rect or indirect)
<br /> soldiers upon an oath of fidelity. o" o-,r`mpre',pl the'voirtngst'oc1i
<br /> Affidatio /,efadeysh(iy)ow/. At common law,a swearing CorpoYrations which are related as parent and subsidi-
<br /> of the oath of fidelity or of fealty to one's lord, under ary, characterized by identity of ownership of capital
<br /> whose protection the quasi-vassal has voluntarily come. stock. Northeastern Consol. Co. C. v. U. S.,C.A.I11., 406
<br /> Affidatio dominorum /xfadeysh(iy)ow domanoram/. F.2d 76, 79. See also Holding company.
<br /> An oath taken by the lords in parliament. Affiliation. Act or condition of being affiliated, allied,
<br /> Affidatus Aifadeytas/. At common law one who was not or associated with another person,body,or organization.
<br /> a vassal,but who for the sake of protection had connect- Imports less than membership in an organization, but
<br />�= ed himself with one more powerful. more than sympathy, and a working alliance to bring to
<br /> Affidavit /aefadeyvat/. A written or printed declaration fruition the proscribed program of a proscribed organ iza-
<br /> or statement of facts, made voluntarily, and confirmed tion, as distinguished from mere co-operation with a
<br /> by the oath or affirmation of the party making it,taken proscribed organization in lawful activities, is essential.
<br /> before a person having authority to administer such Bridges v. Wixon,Cal.,326 U.S. 135,65 S.Ct. 1443, 1447,
<br /> oath or affirmation. State v. Knight,219 Kan.863,549 89 L.Ed. 2103. It includes an element of dependability
<br /> P.2d 1397, 1401. See also Certification; Jurat; Verifica—
<br /> tion. equivalent to membership duty, rests upon course of
<br /> conduct that could not be abruptly ended without giving
<br /> Affidavit of defense. An affidavit stating that the at least reasonable cause for charge of breach of good
<br /> defendant has a good defense to the plaintiffs action on faith. U. S. ex rel. Kettunen v. Reimer, C.C.A.N.Y., 79
<br /> the merits; e.g. affidavit filed with motion for summary F.2d 325, 317. See also Association.
<br /> judgment. Fed.R. Civil P. 56(e). The act of imputing or determining the paternity of a
<br /> Affidavit of inquiry. By court rule in certain states, child born out of wedlock, and the obligation to main-
<br /> substituted service of process may be had on absent tain it. See Paternity suit or action.
<br /> defendants if it appears by affidavit of plaintiffs attor- Affines /afayniyz/. In the civil law, connections by
<br /> ney,or other person having knowledge of the facts,that marriage, whether of the persons or their relatives.
<br /> defendant cannot,after diligent inquiry,be served with- Neighbors, who own or occupy adjoining lands. From
<br /> in the state. this word is derived affinity, denoting relationship by
<br /> Affidavit of merits. One setting forth that the defen- marriage. The singular, affinis, is used in a variety of
<br /> dant has a meritorious defense (substantial and not related significations—a boundary; a partaker or shar-
<br /> technical) and stating the facts constituting the same. er, affinis culpx(an aider or one who has knowledge of
<br /> See Affidavit of defense. a crime).
<br /> Affidavit of notice. A sworn statement that affiant has Affinitas /afinat,�s/. Lat. In the civil law, affinity;
<br /> given proper notice of hearing to other parties to action. relationship by marriage.
<br /> Affidavit of service. An affidavit intended to certify Affinitas affinitatis/afinatd?s afinateytas/. Remote rela-
<br /> the service of a writ, notice, summons, or other doc- tionship by marriage. That connection between parties
<br /> ument or process. In federal courts, if service is made arising from marriage which is neither consanguinity
<br /> by a person other than a United States Marshal or his nor affinity. This term signifies the connection between
<br /> deputy, he shall make affidavit thereof. Fed.R. Civil P. the kinsmen of the two persons married,as,for example,
<br /> 4(g). the husband's brother and the wife's sister.
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