Chapter LV: Section 6: , quoted above, gave rise to an immense amount of (14)
The second is Fechner's method; it consists of recording the changes in feeling-tone produced in a subject by bringing him in contact with a series of conditions, objects or stimuli graduated according to a scientific plan and presented singly in pairs or in groups. The result is a comparative table of likes and dislikes.
Mention should also be made of a third method which has hardly yet been tried, namely, that of endeavouring to isolate one of the three ``directions'' by the method of suggestion or even hypnotic trance observations.
For the subject of emotion in general see modern text-books of psychology, e.g. those of J. Sully, W. James, G. T. Fechner, O. Kulpe; Angelo Mosso, La Paura (Milan, 1884, 1900; Eng. trans. E. Lough and F. Kiesow, Lond. 1896); E. B. Titchener, Experimental Psychology (1905); art. PSYCHOLOGY and works there quoted.
AFFIDAVIT (Med. Lat. for ``he has declared upon oath,'' from affidare, fides, faith), a written statement sworn or affirmed to before some person who has authority to administer an oath or affirmation. Evidence is chiefly taken by means of affidavits in the Chancery Division of the High Court of Justice in England on a petition, summons or motion. Interlocutory proceedings before trial are conducted by affidavits, e.g. for discovery of documents, hence called affidavit of documents. Affidavits are sometimes necessary as certificates that certain formalities have been duly and legally performed (such as service of proceedings, &c.). They are extensively used in bankruptcy practice, in the administration of the revenue and in the inferior and county courts. In testamentary causes, all documents of any kind, such as wills, codicils, drafts or instructions of same must be filed in the form of affidavits (termed affidavits of scripts.) In Scotland the testimony of witnesses by affidavit is almost unknown, except in a few non-contentious cases as prima facie evidence. In the rules of the Supreme Court (R.S.C. Ord. XXXVIII.) certain formal requirements are laid down for all affidavits and affirmations in causes or matters depending in the High Court. An affidavit must consist of title, body or statement and jurat. It must be written or printed on foolscap, bookwise, in the first person; give correctly the names of the parties to the action; and the description and true place of abode of the deponent. An affidavit is confined, except on interlocutory motions, to such facts as the witness is able of his own knowledge to prove. The signature of the deponent must be written opposite to the jurat, which must contain the place, date and time of swearing, and this signed by the officer or magistrate before whom the affidavit is sworn. An affidavit sworn on a Sunday is not invalid. Quakers, Moravians and Separatists were first privileged to make a solemn declaration or affirmation, and by the Common Law Procedure Act 1852 and other statutes all persons prevented by religious belief from taking an oath were allowed to affirm; and, finally, by the Oaths Act 1888, every person who objects to be sworn is allowed to affirm in all places and for all purposes where an oath is required by law. By an act of 1835 justices are permitted to take affidavits in any matter by declaration, and a person making a false affidavit in this way is liable to punishment. The same act prohibited justices of peace from administering oaths in any matter in which they had not jurisdiction as judges, except when an oath was specially authorized by statute, as in the bankruptcy law, and excepting criminal inquiries, parliamentary proceedings and instances where oaths are required to give validity to documents abroad. Scottish justices can act in England and vice versa. The Oaths Act 1888 and the Commissioner of Oaths Act 1889 consolidated all previous enactments relating to oaths and gave the lord chancellor power to appoint commissioners for oaths to take affidavits for all purposes (see OATH.) Under the Debtors Act 1869 a plaintiff may file an affidavit for the arrest of a debtor (affidavit to hold to bail) when the debt amounts to L. 50 or upwards, where it can be shown that the debtor's absence from the kingdom would materially prejudice the prosecution of the action.
Affidavits may be made abroad before any British ambassador, envoy, minister, charge d'affaires, secretary of embassy or legation, consul or consular agent.
In the United States affidavit has the same meaning as in England and its general uses are the same, but it is not substituted for oral evidence in court to anything like the extent to which that is done in the English courts of chancery. The statutes of each state designate the persons before whom affidavits may be made outside the state, and special commissioners are appointed for that purpose by each state. Affidavits made abroad must be made before such commissioners or persons so designated, who are usually diplomatic and consular officials, justices, notaries public or mayors. ``Affidavit of documents'' is not generally used in the United States; discovery is procured by motion.
AFFILIATION (from Lat. ad-filiare, to adopt as a son), in law, the procedure by which the paternity of a bastard child is determined, and the obligation of contributing to its support enforced. In England a number of statutes on the subject hnve been passed, the chief being the Bastardy Act of 1845, and the Bastardy Laws Amendment Acts of 1872 and 1873. The mother of a bastard may summon the putative father to petty sessions within twelve months of the birth (or at any later time if he is proved to have contributed to the child's support within twelve months after the birth), and the justices, after hearing evidence on both sides, may, if the mother's evidence be corroborated in some material particular, adjudge the man to be the putative father of the child, and order him to pay a sum not exceeding five shillings a week for its maintenance, together with a sum for expenses incidental to the birth, or the funeral expenses, if it has died before the date of order, and the costs of the proceedings. An order ceases to be valid after the child reaches the age of thirteen, but the justices may in the order direct the payments to be continued until the child is sixteen years of age. An appeal to quarter sessions is open to the defendant, and a further appeal on questions of law to the King's Bench by rule nisi or certiorari. Should the child afterwards become chargeable to the parish, the sum due by the father may be received by the parish officer. When a bastard child, whose mother has not obtained an order, becomes chargeable to the parish, the guardians may proceed against the putative father for a contribution. Any woman who is single, a widow, or a married woman living apart from her husband, may make an application for a summons, and it is immaterial where the child is begotten, provided it is born in England. An application for a summons may be made before the birth of the child, but in this case the statement of the mother must be in the form of a sworn deposition. The defendant must be over fourteen years of age. No agreement on the part of the woman to take a sum down in discharge of the liability of the father is a bar to the making of an affiliation order. In the case of twins it is usual to make separate applications and obtain separate summonses. The Summary Jurisdiction Act 1879 makes due provision for the enforcement of an order of affiliation. In the case of soldiers an affiliation order cannot be enforced in the usual way, but by the Army Act 1881, if an order has been made against a soldier of the regular forces, and a copy of such order be sent to the secretary of state, he may order a portion of the soldier's pay to be retained. There is no such special legislation with regard to sailors in the royal navy.
In the British colonies, and in the states of the United States (with the exception of California, Idaho, Missouri, Oregon, Texas and Utah), there is some procedure (usually termed filiation) akin to that described above, by means of which a mother can obtain a contribution to the support of her illegitimate child from the putative father. The amount ordered to be paid may subsequently be increased or diminished (1905; 94 N.Y. Supplt. 372). On the continent of Europe, however, the legislation of the various countries differs rather widely. France, Belgium, Holland, Italy, Russia, Servia and the canton of Geneva provide no means of inquiry into the paternity of an illegitimate child, and consequently all support of the child falls upon the mother; on the other hand, Germany, Austria, Norway, Sweden, Denmark and the majority of the Swiss cantons provide for an inquiry into the paternity of illegitimate children, and the law casts a certain amount of responsibility upon the father.
Affiliation, in France, is a term applied to a species of adoption by which the person adopted succeeds equally with other heirs to the acquired, but not to the inherited, property of the deceased. (See ADOPTION. Also BASTARD; POOR LAWS.)
AUTHORITIES.---Saunders, Law and Practice of Orders of Affiliation; Lushington, Law of Affiliation and Bastardy; Little, Poor Law Statutes. (T. A. I.)
AFFINITY (Lat. affinitas, relationship by marriage, from affinis, bordering on, related to; finis, border, boundary), in law, as distinguished from consanguinity (q.v.), the term applied to the relation which each party to a marriage, the husband and wife, bears to the kindred of the other. Affinity is usually described as of three kinds. (1) Direct: that relationship which subsists between the husband and his wife's relations by blood or between the wife and the husband's relations by blood. The marriage having made them one person, the blood relations of each are held as related by affinity in the same degree to the one spouse as by consanguinity to the other. But the relation is only with the married parties themselves, and does not bring those in affinity with them in affinity with each other; so a wife's sister has no affinity to her husband's brother. This is (2) Secondary affinity. (3) Collateral affinity is the relationship subsisting between the husband and the relations of his wife's relations.
The subject is chiefly important from the matrimonial prohibitions by which the canon law has restricted relations by affinity. Taking the table of degrees within which marriage is prohibited on account of consanguinity, the rule has been thus extended to affinity, so that wherever relationship to a man himself would be a bar to marriage, relationship to his deceased wife will be the same bar, and vice versa on the husband's decease.
Briefly, direct affinity is a bar to marriage. This rule has been founded chiefly on interpretations of the eighteenth chapter of Leviticus. Formerly by law in England, marriages within the degrees of affinity were not absolutely null, but they were liable to be annulled by ecclesiastical process during the lives of both parties; in other words, the incapacity was only a canonical, not a civil, disability. By the Marriage
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The Project Gutenberg Encyclopedia, Volume 1 of 28Chapter LV: Section 6: , quoted above, gave rise to an immense amount of (14)
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