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AFFEERORS ~~ III IIIIIIIIIIIIIIII
<br />999
<br />penalty appointed by statute. They were also appointed
<br />to moderate fines, etc., in courts-baron.
<br />ARermer /afarmey/. L. Fr. To let to term. Also to
<br />make sure, to establish or confirm.
<br />Amance. To assure by pledge. An agreement by whrch
<br />a man and woman promise that they will marry each
<br />other.
<br />Affient /afeyanl/. The person who makes and sub
<br />scribes an amdavit. The word is used, in this sense.
<br />interchangeably with "deponent." But the latter term
<br />should be reserved as the designation of one who makes
<br />a deposition.
<br />Affidare /afaderiy/. At common law, to swear faith to;
<br />[o pledge one's faith or do fealty by making oath. Used
<br />of [he mutual relation arising between landlord and
<br />tenant. 1 BI.Comm. 367. Affidavit is of kindred mean-
<br />ing.
<br />Affideri /afaderay/. To be mustered and enrolled for
<br />soldiers upon an oath of fidelity.
<br />Affidatio /afadeyshliybw/. Al common law, a swearing
<br />of the oath of fidelity or of fealty to one's lord, under
<br />whose protection [he quasi-vassal has voluntarily come.
<br />Affidatio dominorum /afadeysh(iybw domanbram/.
<br />An oath taken by the lords in parliament.
<br />Affidatus /afadeytas/. At common law one who was not
<br />a vassal, but who for the sake of protection had connect-
<br />ed himself with one more powerful.
<br />Affidavit /afadeyvat/. A written or printed declaration
<br />or statement of facts, made voluntarily, and confirmed
<br />by the oath or affirmation of the party making it, taken
<br />before a person having authority W administer such
<br />oath or affirmation. State v. Knight, 219 Kan. 863, 549
<br />P.2d 1397, 1401. See also Certilicalion; Jurat; Verilica~
<br />lion.
<br />Affidavit of defense. An affidavit stating that the
<br />defendant has a good defense to the plaintiffs action on
<br />the merits; e.g. affidavit filed with motion for summary
<br />judgment. Fed.R. Civil P. 56(el.
<br />Affidavit of inquiry. By court rule in certain states,
<br />substituted service of process may be had on absent
<br />defendants if it appears by aRdavit of plaintiti's attor-
<br />ney, or other person having knowledge of the farts, that
<br />defendant cannot, after diligent inquiry, be served with-
<br />in the state.
<br />Affidavit of merits. One setting forth that the defen-
<br />dant has a meritorious defense (substantial and not
<br />technical) and stating the facts constituting the same.
<br />See Affidavit of defense.
<br />Affidavit o[ notice. A sworn statement that affiant has
<br />given proper notice of hearing to other parties w action.
<br />Affidavit of service. An affidavit intended to certify
<br />the service of a writ, notice, summons, or other doc-
<br />ument or process. In federal courts, if service is made
<br />by a person other than a United Stales Marshal or his
<br />deputy, he shell make affidavit thereof. Fed.R. Civil P.
<br />4(g).
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<br />Affidavit to hold to bail An affidavit required in
<br />many cases before the defendant in a civil action may be
<br />arrested. Such an ofGdovil must contain a sL~trment.
<br />clearly and certainly expressed, by someone acquaintrd
<br />with thr fact, of an indebtedness from the defendant to
<br />the plaintiff, and must show a distinct cause of action.
<br />Affilare /afilii•riy/. L. Lat. Tn put nn reaxd: Io tilt m
<br />affile. AffJrnrr /;i faliytar/, Icl it be filed. /h• rrrurtlu
<br />afflnlum, afGlcd of rrcord.
<br />Atrle /.afayl/ A term employed in old practice, srgnify~
<br />ing to pal nn file In modern usage it is rnnl ractcd to
<br />ale.
<br />Affiliate /afiliyeyt/. Signifies a condition of being unit-
<br />ed; being m close connection, allied, associated. or :LL
<br />Cached as a member or branch.
<br />Af~hulr cungnnc. ('om pa ny effectively controlled by
<br />another company A branch, division, or subsidiary
<br />Under Investment Company Act (15 U.S.C.A, q 80a-21.
<br />company in which there u ownership (direct or indirect)
<br />of 5 percent or more of the voting stock.
<br />Corporations which are related as parent and subsidi-
<br />ary, charactrnzed by identity of ownership of capital
<br />stock. Northeastern Consol. Ca. C. v. U. S.. C.A.III , 406
<br />F.2d 76, 79. Srr olsn Holding company.
<br />Affiliation. Act or condition of being affiliated, allied.
<br />or associated with another person, body, or organisation.
<br />Imports less than membership in an organization, but
<br />more than sympathy, and a working alliance to bring to
<br />fruition the proscribed program of a proscribed organiza~
<br />lion, as distinguished from mere cooperation with a
<br />proscribed organization in lawful activities, is essential
<br />Bridges v. W ixon, Cal., 326 U.S. 135, 65 S.CI. 1443. 1447,
<br />89 L.Ed 2103. It includes an element of dependability
<br />upon which the organisation can rely which, though not
<br />equivalent to membership duty, rests upon Course of
<br />conduct that could not be abruptly ended without giving
<br />at least reasonable cause for charge of breach of good
<br />faith. U S. ex rel. Kettunen v. Reimer, C.C.A.N.Y.. 79
<br />F.2d 315. 317. See also Assoaahon.
<br />The act of imputing or determining the paternity of a
<br />child born out of wedlock, and the obligation to main-
<br />tain it. See Paternity suit or action.
<br />Affines /afayniyz/. In the civil law, connections by
<br />marriage, whether of the persons or their relatives.
<br />Neighbors, who own or occupy adjoining lands. From
<br />this word is derived affinity, denoting relationship by
<br />marriage. The singular, offinis, is used in a variety of
<br />related sigmGcations-a boundary; a partaker or shay
<br />er, af~nis culpa (an order or one who has knowledge of
<br />a Crime).
<br />Affinilas /afinatas/. I.a[. In the civil law, affinity;
<br />relationship by marriage.
<br />Affinitas afTinitatia /afinatas afinateyGs/ Remote rele~
<br />tionship by marriage. That connection between parties
<br />arising from marriage which is neither consanguinity
<br />nor affinity. This term signifies the connection between
<br />the kinsmen of the two persons married, as, for example,
<br />the husband's brother and the wife's sister.
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